RSA-509 - Protection & Advocacy of Individual Rights (PAIR) Program Performance Report

Alabama (UNIV OF ALABAMA ALABAMA - DISAB ADVOCACY PROGRAM) - H240A160001 - FY2016

General Information

Designated Agency Identification

NameAlabama Disabilities Advocacy Program
AddressBox 870395
Address Line 2
CityTuscaloosa
StateAlabama
Zip Code35487
E-mail Addressadap@adap.ua.edu
Website Addresshttp://adap.ua.edu
Phone205-348-4928
TTY 205-348-9484
Toll-free Phone800-826-1675
Toll-free TTY
Fax205-348-3909
Name of P&A Executive DirectorJames A. Tucker
Name of PAIR Director/CoordinatorJames A. Tucker
Person to contact regarding reportRosemary Beck
Contact Person phone205-348-7542
Ext.

Part I. Non-Case Services

A. Individual Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas123
2. Individuals receiving I&R outside PAIR priority areas107
3. Total individuals receiving I&R (lines A1 + A2)230

B. Training Activities

1. Number of trainings presented by PAIR staff16
2. Number of individuals who attended training (approximate)709

1) Topics Covered: Appropriate school behavioral supports Training Methods: Q&A, PowerPoint Presentation, Lecture Purpose of Training: To educate parents of children with ADHD to understand their rights to appropriate school behavioral supports and be able to advocate for those supports Number Trained: 12 2) Topics Covered: Early Intervention, Child Find, Special Education, and Reasonable accommodations Training Methods: Q&A, PowerPoint Presentation, Lecture, Training Publications Purpose of Training: To educate Head Start employees regarding the ADA, Section 504, and the IDEA as it applies to child care center employees in order to enhance the knowledge of resources for teachers, social service staff, and administrators. Number Trained: 200 3) Topics Covered: General information about ADAP and what services we offer Training Methods: Exhibit Purpose of Training: To provide resources to community agencies and participants regarding ADAP’s advocacy services. Number Trained: 75 4) Topics Covered: Understanding and promoting positive mental health in the school setting Training Methods: Panel Discussion Purpose of Training: To educate providers about the civil rights of students with severe emotional disturbance Number Trained: 60 5) Topics Covered: Mental well-being of children Training Methods: Panel Discussion Purpose of Training: To enhance mental well-being of children by bridging the gap between pediatric chronic care and mental health treatment. Number Trained: 200 6) Topics Covered: Transition Training Methods: Exhibit Purpose of Training: To provide information and resources to help facilitate transitioning individuals with disabilities between the ages of 18-22 into a working world. Number Trained: 70 7) Topics Covered: Medicaid and Medicaid waivers Training Methods: Lecture Purpose of Training: To provide consumers with information on Alabama’s Medicaid waivers and impending transition to managed care. Number Trained: 8 8) Topics Covered: General education of P&A and services offered Training Methods: Q&A, Lecture Purpose of Training: To inform local chamber of commerce members regarding the P&A and services offered Number Trained: 35 9) Topics Covered: Basics of EPSDT and IDEA Training Methods: Q&A, Lecture Purpose of Training: To educate legal aid lawyers regarding the work of the P&A on behalf of children with special needs, introducing basics related to EPSDT and IDEA Number Trained: 12 10) Topics Covered: Guardianship and alternatives Training Methods: Q&A, Lecture Purpose of Training: To provide information on guardianship and alternatives to Department of Rehabilitation Services Number Trained: 5 11) Topics Covered: General information about P&A and services Training Methods: Q&A, PowerPoint Presentation, Training Publications Purpose of Training: To educate therapists across the state about the P&A and the services offered Number Trained: 10 12) Topics Covered: Disciplinary needs of children with disabilities Training Methods: Q&A, PowerPoint Presentation, Lecture Purpose of Training: To educate school officials on the unique disciplinary needs of children with disabilities as they explore new approaches to school discipline and seek to address the school to prison pipeline. Number Trained: 100 13) Topics Covered: Webinar focusing on IEP’s, 504 plans, and behavioral interventions Training Methods: PowerPoint Presentation Purpose of Training: To provide employees of Seraaj a better understanding of the special education processes so they can help foster parents that use their agency help the children placed with them receive the services they should from the schools. Number Trained:50 14) Topics Covered: Training of new JPO’s Training Methods: Q&A, PowerPoint Presentation, Lecture Purpose of Training: To educate Juvenile Probation Officers for Alabama’s Administrative Office of the Courts to protect their client’s rights to a free appropriate public education by knowing how to use the IDEA and Section 504 to guard against inappropriate disciplinary actions which remove children from school. Number Trained: 13 15) Topics Covered: Transition Training Methods: Q&A, PowerPoint Presentation, Exhibit Purpose of Training: To provide information to help those transitioning out of high school to help make the best decisions moving forward Number Trained: 15 16) Topics Covered: Veterans assistance Training Methods: Q&A Purpose of Training: To provide free legal advice to Veterans at the local Veterans Clinic Number Trained: 4

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles9
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website21,361
5. Publications/booklets/brochures disseminated1,792
6. Other (specify separately)0

Narrative

Most of the P&A’s media coverage in FY16 related to the agency’s prison litigation, including reports on the settlement agreement reached in the ADA access portion of the case. Other media reports addressed the P&A’s advocacy related to 1) the state’s developing Medicaid managed care system; 2) housing and restaurant access on behalf of persons with mobility impairments; and 3) the needs of veterans with disabilities.

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)38
2. Additional individuals served during the year31
3. Total individuals served (lines A1 + A2)69
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)3

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 35

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility10
2. Employment4
3. Program access5
4. Housing4
5. Government benefits/services4
6. Transportation0
7. Education26
8. Assistive technology0
9. Voting0
10. Health care7
11. Insurance1
12. Non-government services1
13. Privacy rights1
14. Access to records0
15. Abuse1
16. Neglect5
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor21
2. Other representation found1
3. Individual withdrew complaint9
4. Appeals unsuccessful1
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case1
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit1
9. Other0

Please explain

E. Intervention Strategies Used in Serving Individuals

List the highest level of intervention used by PAIR prior to closing each case file.

1. Technical assistance in self-advocacy13
2. Short-term assistance9
3. Investigation/monitoring0
4. Negotiation7
5. Mediation/alternative dispute resolution2
6. Administrative hearings0
7. Litigation (including class actions)3
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 2229
3. 23 - 5927
4. 60 - 646
5. 65 and over7

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females26
2. Males43

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race1
2. American Indian or Alaskan Native1
3. Asian0
4. Black or African American27
5. Native Hawaiian or Other Pacific Islander0
6. White41
7. Two or more races0
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent13
2. Parental or other family home40
3. Community residential home0
4. Foster care1
5. Nursing home2
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center12
9. Homeless0
10. Other living arrangements0
11. Living arrangements not known0

E. Primary Disability of Individuals Served

Identify the individual's primary disability, namely the one directly related to the issues/complaints

1. Blind/visual impairment4
2. Deaf/hard of hearing4
3. Deaf-blind0
4. Orthopedic impairment13
5. Mental illness1
6. Substance abuse0
7. Mental retardation1
8. Learning disability9
9. Neurological impairment11
10. Respiratory impairment0
11. Heart/other circulatory impairment6
12. Muscular/skeletal impairment1
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury3
16. Other disability16

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities4

2. Number of individuals potentially impacted by policy changes155,834

Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.

1) Description: The P&A attended meetings of the Alabama State Department of Education's (ALSDE) Charter School Commission to ensure that the rights and needs of students with disabilities are appropriately considered and accommodated in the course of the implementation of the state's new charter school legislation. Outcome: In devising its contract with charter school operators, the ALSDE Charter School Commission better understood the application and service practices to monitor in evaluating applications of new charter schools and in evaluating their practices once in operation as related to students with disabilities, including issues related to outreach, enrollment, discipline and service planning. Benefit: Students with disabilities seeking admission into charter schools are less likely to be excluded from admission or denied services required under the IDEA or Section 504. Number of individuals impacted: 65,792 2) Description: The P&A filed one systemic and two individual complaints against Phenix City Schools for forcing out children with disabilities through disciplinary measures and not being identified for special education services. Outcome: The parties resolved all issues through mediation. To settle systemic issues, the P&A will monitor Child Find, IEP developments and behavior plan issues for the next year, while also training administrative staff and the special education coordinator. Benefit: Both individual complaints resulted in better IEP’s, new functional behavior assessments, and compensatory time. Number of individuals impacted: 1042 3) Description: To have school systems provide timely and individualized IEP and 504 homebound services. Outcome: Four districts agreed to change their practices. Investigations in Tuscaloosa and Montgomery County Schools revealed they violated the rights of students to homebound services as an accommodation under Section 504 and/or IDEA. OCR issued a monitoring letter indicating Alabaster City School has complied. Benefit: Students with disabilities are able to receive homebound services without facing arbitrary amounts of time that must be met before services start. Number of individuals impacted: 84,000 4) Description: The P&A collaborated with local advocates for physicians regarding risk of diminished access to medical care for children due to decreased physician reimbursement to address potential legal issues arising from diminished access. Outcome: The reduced Medicaid reimbursement rates for physicians were enacted that threatened access to health care by children. Benefit: Medicaid reversed reduction in physician reimbursement rates. Number of individuals impacted: 5000

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts2,600
2. Number of individuals named in class actions36

Describe your litigation/class action activities. Explain how individuals with disabilities benefited from your litigation activities. Be sure to include case examples that demonstrate the impact of your litigation.

Alabama Department of Corrections (ADOC) has as a part of this lawsuit, been required to comply with the ADA. For twenty-five years, the ADOC has completely refused to comply in any meaningful manner with the ADA. Over a period of time, and under monitoring by the P&A, ADOC will be required to comply with the ADA. The ADOC must now have a working accommodation process and hire a knowledgeable ADA coordinator, access and modify current facilities and practices to ensure non-discriminatory access to facilities and programs. Individuals who are protected under the ADA are now finally able to access the rights and protections afforded by the ADA.

Part V. PAIR'S Priorities and Objectives

A. Priorities and Objectives for the Fiscal Year Covered by this Report

For each of your PAIR program priorities for the fiscal year covered by this report, please:

  1. Identify and describe priority.
  2. Identify the need, issue or barrier addressed by this priority.
  3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
  4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
  5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
  6. Provide at least one case summary that demonstrates the impact of the priority.

1. Identify and describe priority. Individuals with disabilities will be free from abuse and neglect and live in healthier, safer or otherwise improved settings. 2. Identify the need, issue or barrier addressed by this priority. The need for individuals to be free from abuse, neglect, and disability rights violations. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. A) The P&A will ensure the safety and well-being of individuals with disabilities residing in a facility or community setting by providing individual advocacy services. B) The P&A will conduct investigations in facilities and/or community settings serving individuals with disabilities to ensure they are receiving appropriate treatment services and are free from abuse, neglect, and disability rights violations. C) The P&A will ensure the Alabama Department of Corrections (DOC) complies with the ADA and Constitutional standards for the provision of appropriate treatment services and physical and program access for adult inmates with disabilities. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. A) The P&A has filed suit against Alabama’s prison system. The suit is a class action case and Southern Poverty Law Center is our co-counsel. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Four individual case services, 15 information & referral services, and one class action litigation 6. Provide at least one case summary that demonstrates the impact of the priority: The P&A is co-counsel with the Southern Poverty Law Center (SPLC) and others in a class action suit against the Alabama Department of Corrections (DOC) prison system. As the result of a partial settlement of Americans with Disabilities Act (ADA) issues in this case, based largely on monitoring to be performed by the P&A, DOC is required to come into compliance with the ADA. Among other forms of relief, DOC must establish a working accommodation process, hire knowledgeable ADA coordinators, modify a range of current facilities and practices to ensure non-discriminatory access to facilities and programs, provide materials in alternate formats, and implement a process to ensure that inmate hearing aids are properly functioning. 1. Identify and describe priority. Individuals with disabilities will have access to appropriate and individualized community-based services that will enhance their ability to live independently. 2. Identify the need, issue or barrier addressed by this priority. The need for individuals with disabilities to have access to community based services. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. A) The P&A will provide advocacy services to individuals with disabilities seeking to live in a less restrictive residential setting or improve their access to services to enable them to participate more fully in community life. B) The P&A will work to ensure Medicaid waiver services are preserved and persons with disabilities receiving these services maintain an appropriate level of services to meet their individual needs and remain in the community. C) The P&A will educate policymakers to ensure the needs of individuals with disabilities are met by the long-term service and support (LTSS) benefit package to be included in the state’s developing Medicaid managed care program. D) The P&A will educate persons with disabilities about the state’s new managed care health system. E) The P&A will foster consumer participation in managed care governing boards and citizen’s advisory committees, and advocate for consumer protections and service expansion for persons with disabilities. F) The P&A will provide state policymakers with analyses of the state’s ability to plan for and provide appropriate, individualized services that align with the mandates of the new Home and Community Based Services (HCBS) and the Achieving a Better Life Experience Act of 2014 (ABLE). 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The P&A collaborated with Alabama Arise, Disability Leadership Coalition of Alabama (DCLA), Glenwood, and United Cerebral Palsy (UCP) to comment on the state’s proposed regulations and other documents that would implement Medicaid managed care, train consumers and representatives of Citizens’ Advisory Committee members who will advise the organizations delivering services through Medicaid managed care, and met with the organizations that will deliver services through Medicaid managed care. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Ten individual case services and 38 information & referral services were provided. 6. Provide at least one case summary that demonstrates the impact of the priority: EM is a 67-year-old female with heart and other circulatory disabilities that cause mobility impairments. EM reported problems to the P&A with business parking, downtown parking, city park area parking, and city park area restroom accessibility. The P&A met with EM and conducted a site visit in the city before communicating our concerns to the city. The city informed the P&A that it 1) improved parking enforcement by coordinating efforts with businesses and 2) would conduct a citywide survey and plan accessibility improvements, and that the city park area would be the first issue addressed. 1. Identify and describe priority. Persons with disabilities will have meaningful access to integrated employment and be paid at least minimum wage. 2. Identify the need, issue or barrier addressed by this priority. The need for persons with disabilities to work in an integrated setting at a meaning job making at least minimum wage. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. A) Advocate for individuals with disabilities where improper or inadequate services by an Employment Network, service provider, employer or other entity have occurred with regard to their return to work effort. B) Advocate for individuals with disabilities where their rights to services and assistance in securing, maintaining, or regaining employment have been violated. C) Provide information, referral, and advice to individuals with disabilities about work incentives and employment. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Three individual case services and 16 information & referral services were provided 6. Provide at least one case summary that demonstrates the impact of the priority: The P&A advocated that the state's Vocational Rehabilitation Agency should provide appropriate services to EO, a 20 year-old male with a learning disability. As a result, EO was placed in a Project Search employment program at a local Veteran's Administration Medical Center. Because most Project Search participants are in their terminal year of high school, our client obtained one of the only two other spots available. 1. Identify and describe priority. With needed supports, individuals with disabilities will be able to make everyday decisions about their lives, including matters related to where they live, how their money is managed, and their healthcare. 2. Identify the need, issue or barrier addressed by this priority. The need to individuals with disabilities to be able to make everyday decisions about their lives. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. A) The P&A will advocate for individuals with disabilities who have been subjected to unnecessary restriction of rights and/or freedom of choices (e.g. guardianship/conservatorship) to have increased personal decision-making with supports as necessary. B) The P&A will educate consumers, their families and providers about how supported decision-making and other tools can be used as alternatives to guardianships/conservatorships. C) The P&A will advocate for the expansion of peer support systems for individuals with disabilities. D) The P&A will assist self-advocacy groups to advance their participation in legal advocacy, policy, and program decisions that affect them. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Three individual case services and five information & referral services were provided 6. Provide at least one case summary that demonstrates the impact of the priority: KB is a 42-year-old female with spina-bifida whose brother tried to obtain guardianship over her by filing in probate court. The P&A met with KB, reviewed court documents and medical records, communicated with the guardian ad litem (GAL), filed a notice of appearance, and attended a hearing. After the brother experienced opposition from the P&A, the GAL and the court representative, he voluntarily dismissed his action against KB and the court dismissed the case. As a result, KB’s right to independence was protected, and she was not subjected to an unwarranted guardianship. 1. Identify and describe priority. Youth with disabilities will be provided a free appropriate public education in their least restrictive environment to move them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. 2. Identify the need, issue or barrier addressed by this priority. The need for youth to have FAPE and transition services in school. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. A) The P&A will advocate on behalf of students with disabilities in schools or daycare centers to ensure protection from illegal disciplinary measures and the use of inadequate behavioral planning including the use of seclusion and restraint. B) The P&A will advocate on behalf of students with disabilities to ensure the provision of a free, appropriate public education (FAPE) in the least restrictive environment (LEW) with appropriate supports. C) The P&A will advocate on behalf of older students with disabilities to ensure the provision of appropriate transition planning and services. D) The P&A will train families and providers on special education rights and advocacy skills, including issues related to eligibility, provision of FAPE, right to assistive technology, behavior and discipline, transition, etc. E) The P&A will educate parents and policymakers about the rights of students with disabilities in public charter schools to safeguard the right to a free appropriate public education. F) The P&A will advocate for the adoption of a school-to-court diversion protocol in one Alabama county to decrease the number of students with disabilities referred to the juvenile justice system by their school district. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The P&A collaborated with the Alabama Interagency Autism Coordinating Council, The Alabama Parent Education Center (APEC), the Autism Society of Alabama, Disability Rights and Resources, Down Syndrome Alabama, Full Life Ahead Foundation, Independent Living Center (ILC), People First of Alabama, and Lee County Autism Society to educate family advocacy groups to educate them about the Every Student Succeeds Act (ESSA). 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Eleven individual case services and 82 information & referrals were provided 6. Provide at least one case summary that demonstrates the impact of the priority: CD is a 17 year-old high school student in a large, urban school and is diagnosed with ADHD. CD was expelled from school for an off-campus activity. The P&A filed an IDEA State Administrative Complaint with the State Department of Education (DOE) alleging that the school district should have known that CD was a student with a disability and that it failed to complete a timely referral and evaluation of CD for special education prior to expelling him. The DOE ruled for CD, requiring the district to retract the expulsion and evaluate him. In addition, the district was required to amend its evaluation policies which had inappropriately required, in all instances, that youth who are suspected of having a disability must go through eight weeks of Response to Intervention (RTI) services before a special education evaluation could be considered.

B. Priorities and Objectives for the Current Fiscal Year

Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:

  1. a statement of each prioirty;
  2. the need addressed by each priority; and;
  3. a description of the activities to be carried out under each priority.

Priority: Individuals with disabilities will be free from abuse and neglect and live in healthier, safer or otherwise improved facility or community settings. Need: The need for individuals with disabilities to be free from abuse, neglect, and disability rights violations. Activities: 1) ADAP will ensure the safety and well-being of individuals with disabilities residing in a facility or community setting by providing individual advocacy services. 2) Provide veterans with disabilities with advocacy services regarding relevant issues of concern including, but not limited to, housing, family law, financial entitlement, etc. 3) The P&A will provide four education/training/outreach activities to Veterans with disabilities will understand their rights to community supports and services. 4) The Alabama Department of Corrections (DOC) will comply with the Americans with Disabilities Act (ADA) and Constitutional standards for the provision of appropriate mental health treatment services and medical care for inmates with disabilities. 5) The Alabama Department of Corrections (DOC) facilities will comply with the court-ordered settlement agreement reached in Dunn v. Dunn, concerning the ADA and Constitutional standards for physical access for adult inmates with disabilities. Priority: Individuals with disabilities will have access to appropriate and individualized community-based services that will enhance their ability to live independently. Need: The need for individuals with disabilities to have access to services. Activities: 1) The P&A will advocate for five individuals with disabilities to be able to live in less restrictive residential settings and/or have improved access to services to enable them to participate more fully in community life. 2) Individuals eligible for Achieving a Better Life Experience (ABLE) accounts will be assisted to obtain the benefits of these accounts. 3) Individuals with disabilities will have their long-term service and support (LTSS) needs met under the state’s developing Integrated Care Networks (ICN). 4) The P&A will provide six education/training/outreach activities to Medicaid-eligible individuals with disabilities to understand their rights and responsibilities under the state’s Medicaid program, including its developing Medicaid managed care program, long-term service and support (LTSS) program, waiver programs. 5) Medicaid-eligible individuals with disabilities will have a meaningful role in the governing boards and citizen’s advisory committees of the state’s developing Medicaid managed care program focusing on consumer protections and service expansion for persons with disabilities. 6) ADAP will provide input to state policymakers regarding substantive compliance with the ABLE Act of 2014. Priority: Persons with disabilities will have meaningful access to integrated employment and be paid at least minimum wage. Need: The need for persons with disabilities to have integrated meaningful employment making at least minimum wage. Activities: 1) Provide information, referral, and advice to five individuals with disabilities about work incentives and employment. Priority: With needed supports, individuals with disabilities will be able to make everyday decisions about their lives, including matters related to where they live, how their money is managed, and their healthcare. Need: The need for individuals with disabilities to make everyday decisions about their lives. Activities: 1) Individuals with disabilities who are subjected to unnecessary restriction of rights and/or freedom of choices (e.g. guardianship/ conservatorship) will have increased personal decision-making with supports as necessary. 2) The P&A will provide four education/training/outreach activities to individuals with disabilities, their families, and providers to understand about how supported decision-making and other tools can be used as alternatives to guardianships/conservatorships. 3) Peer support systems for individuals with disabilities will be expanded. Priority: Youth with disabilities will be provided a free appropriate public education in their least restrictive environment to move them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. Need: The need for youth with disabilities to be provided FAPE in LRE and transition guidance. Activities: 1) Students with disabilities will be provided a free, appropriate public education (FAPE) in the least restrictive environment (LRE) with appropriate supports by providing five individual advocacy services. 2) Older students with disabilities will be provided appropriate transition planning and services. 3) The P&A will provide ten education/training/outreach activities to families and providers of students with disabilities to understand student rights to special education services (including issues related to eligibility, provision of FAPE, right to assistive technology, behavior and discipline, transition, etc.) and will be empowered with needed advocacy skills to secure those rights. 4) Students with disabilities in public charter schools will have access to FAPE. 5) Students with disabilities will be provided positive learning and behavioral supports that decrease referrals to the juvenile justice system by school systems.

Part VI. Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

A. SOURCES OF FUNDS RECEIVED AND EXPENDED Source of Funding Amount Received Amount Spent Federal (section 509) 222,618 181,839 State 0 0 Program Income 0 0 Private 0 0 All other funds FY 2015 Carryover 62,099 62,099 Total (from all sources) 284,717 243,938 B. BUDGET FOR THE FISCAL YEAR COVERED BY THE REPORT Current fiscal year contains 40,779 carryover from FY 2016 Category Prior Fiscal Year Current Fiscal Year Wages/salaries 138,568 140,000 Fringe benefits 41,185 45,734 Materials/supplies 85 100 Postage 97 200 Telephone 2,439 4,000 Rent 0 0 Travel 4,810 6,000 Copying 165 500 Bonding/insurance 774 850 Equipment 0 0 Legal services 129 2,000 Indirect costs 53,325 59,213 Miscellaneous 2,361 4,800 Total Budget 243,938 263,397 Dave Slawkowski, Staff Attorney, retired in January 2016 and the position was discontinued. Robin Lunceford, Marketing Coordinator, resigned ADAP in August 2016. No plans have been made to continue this position. Eligible staff received raises on 8/16/16 causing an increase in salaries/benefits. C. DESCRIPTION OF PAIR STAFF (duties and person-years) Type of Position FTE % of year filled Person-years Professional Full-time 2.05 92.7 1.9 Part-time Vacant .41 7.3 .03 Clerical Full-time .57 100 .57 Part-time Vacant D. INVOLVEMENT WITH ADVISORY BOARDS N/A E. GRIEVANCES FILED UNDER THE GRIEVANCE PROCEDURE Individual requested advocate to help fight eviction from her home. The P&A determined that while the individual had a disability, her pending eviction was not based on her disability but, rather, her failure to pay rent. The individual grieved this denial of service. Upon review, the P&A did not grant the individual’s grievance but affirmed its decision not to represent her. The P&A provided a referral to the state Volunteer Lawyers Program. F. COORDINATION WITH THE CLIENT ASSISTANCE PROGRAM (CAP) AND THE STATE LONG-TERM CARE PROGRAM, IF THESE PROGRAMS ARE NOT PART OF THE P&A AGENCY The P&A works closely with the state Nursing Home Ombudsman Program, which serves as the state's long-term care ombudsman program and is housed in the state Department of Senior Services (DSS). During FY16, the P&A Director continued to meet with the Director of DSS to address how the Ombudsman program may be strengthened or expanded as the state's long-term care services are reformed through the emerging Integrated Care Network (ICN), the state's plan for reform of our Medicaid long-term services and supports (LTSS) system. The P&A Director urged the Medicaid agency to implement an ombudsman program for the new ICN effort along the lines of the Ombudsman program already run by DSS. As part of the P&A's 40th anniversary celebration, the P&A met with the state's long-term care ombudsman, other DD network partners, and Aaron Bishop, Commissioner at Administration on Disabilities within the Administration for Community Living (ACL) at the U.S. DHHS. The P&A also works closely with the Client Assistance Program (CAP), housed in the state Department of Rehabilitation Services (DRS). Both the CAP and DSS use the P&A as a resource for case referrals and the P&A refers persons with disabilities to the CAP and Ombudsman as well. Clients who need employment services, especially services other than sheltered work, and do not feel their needs are being met are referred to the CAP. Several P&A clients who reside in nursing homes and seek community placement have been referred to the P&A by the Ombudsman.

Certification

Signed?Yes
Signed ByJames Tucker
TitleDirector
Signed Date12/21/2016