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

Oklahoma (Oklahoma Disability Law Center) - H240A160037 - FY2016

General Information

Designated Agency Identification

NameOklahoma Disability Law Center Inc.
Address2915 Classen Blvd Suite 300
Address Line 2
CityOklahoma City
StateOklahoma
Zip Code73106
E-mail Addresskayla@okdlc.org
Website Addresshttp://www.okdlc.org
Phone405-525-7755
TTY 405-525-7755
Toll-free Phone800-226-5883
Toll-free TTY800-226-5883
Fax405-525-7759
Name of P&A Executive DirectorKayla A. Bower
Name of PAIR Director/CoordinatorMelissa K. Sublett
Person to contact regarding reportQuinton Underwood
Contact Person phone405-550-1193
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 areas42
2. Individuals receiving I&R outside PAIR priority areas122
3. Total individuals receiving I&R (lines A1 + A2)164

B. Training Activities

1. Number of trainings presented by PAIR staff38
2. Number of individuals who attended training (approximate)2,242

38 conferences where 2,242 people were trained using the lecture method, with handouts for training on rights regarding employment, emergency and disaster awareness training, foster and adoptive parent rights and educational rights. Trainings included and question and answer periods for each topic. Educational rights topics including PBIS, restraint and seclusion, transition to employment and community living, prevention of drop outs, learning disabilities, etc. for students in public schools, their parents, therapists, teachers, attorneys, case managers (DHS, OJA), Native American providers and judges. The purpose of the trainings was to educate the participants about their rights and how to enforce them. Also, not included in the total number were 18 booths at various statewide conferences where ODLC handed out information about our P&A and information regarding the conference topics (i.e. education); estimated 1,735 people came to booths.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff2
2. Newspaper/magazine/journal articles1
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website8,081
5. Publications/booklets/brochures disseminated3,340
6. Other (specify separately)7

Narrative

Radio and TV Appearances: The P&A had 2 television presentations which were viewed by 234,000 people and 1 newspaper article which was distributed to 24,000 readers. Both the television presentations and the newspaper articles were also posted on the entity’s websites: http://kfor.com/2016/05/04/oklahoma-city-motels-turn-away-disabled-customer/ and http://journalrecord.com/2016/07/26/frustrated-mom-launches-portable-lactation-lounge-business-health-care/. OTHER: WEBSITES: http://www.okdlc.org http://www.peapods.us http://www.redlandspartners.org SOCIAL MEDIA: Facebook: Kayla Bower Facebook: Oklahoma Disability Law Center, Inc. Twitter: @okdisabilitylaw WEBSITES OF OTHER ORGANIZATIONS AND PUBLIC AGENCIES ON THE WEB BROCHURES AND HANDOUTS OF OTHER AGENCIES AND ORGANIZATIONS

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)27
2. Additional individuals served during the year146
3. Total individuals served (lines A1 + A2)173
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)9

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 101

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility11
2. Employment5
3. Program access4
4. Housing20
5. Government benefits/services70
6. Transportation1
7. Education36
8. Assistive technology0
9. Voting0
10. Health care7
11. Insurance3
12. Non-government services4
13. Privacy rights0
14. Access to records0
15. Abuse17
16. Neglect4
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor67
2. Other representation found2
3. Individual withdrew complaint4
4. Appeals unsuccessful3
5. PAIR Services not needed due to individual's death, relocation etc.1
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit2
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-advocacy0
2. Short-term assistance45
3. Investigation/monitoring2
4. Negotiation29
5. Mediation/alternative dispute resolution1
6. Administrative hearings1
7. Litigation (including class actions)0
8. Systemic/policy activities1

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 - 2233
3. 23 - 5996
4. 60 - 6421
5. 65 and over23

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females81
2. Males92

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race10
2. American Indian or Alaskan Native22
3. Asian0
4. Black or African American30
5. Native Hawaiian or Other Pacific Islander0
6. White98
7. Two or more races13
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent105
2. Parental or other family home43
3. Community residential home0
4. Foster care0
5. Nursing home7
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center15
9. Homeless2
10. Other living arrangements1
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 hearing1
3. Deaf-blind0
4. Orthopedic impairment60
5. Mental illness21
6. Substance abuse0
7. Mental retardation0
8. Learning disability13
9. Neurological impairment34
10. Respiratory impairment5
11. Heart/other circulatory impairment12
12. Muscular/skeletal impairment10
13. Speech impairment3
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability10

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities5

2. Number of individuals potentially impacted by policy changes22,146

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.

The P&A had 12 systemic projects, which are listed below in the event that all of the individual narratives did not save correctly because input of the data resulted initially in errors. (1) OCR Complaints (2 instances) (2) School to Prison Pipeline (2 events) (3) Dyslexia (4) Emergency Preparedness (5) Post Secondary Transition (6) Restraint and Seclusion Guidelines (7) Training Activities (8) OBA Committees (9) Courthouse Accessibility (10) Facilities Outreach (11) Tribal Training (12) Legislative Initiative\\ U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS, COMPLAINTS WITH SYSTEMIC OUTCOMES: 1. The P&A filed a complaint with the U.S. Department of Education (USDOE) Office for Civil Rights (OCR) against a school district due to discrimination against the P&A’s client. As a result of the complaint filed by the P&A the school district entered into a Resolution Agreement with the USDOE. OCR is continuing to monitor the agreement and will do so into the next fiscal year. It is anticipated that 11 students will be impacted by the results of this systemic complaint and resulting outcomes. The Agreement required the following of the school district: · The District shall revise its dress codes or polices to provide that exceptions to or modifications of the code or policy requirements will be made to ensure that students with disabilities can participate in and receive the benefits of all District programs or activities. The USDOE required specific language be added to the district’s policy regarding non-discrimination · That within 30 days of OCR approving the amended language to its policies, the District provide notice of them to its faculty, parents, and students · That the District publish and prominently display the OCR- approved revised dress code and policies in student, employee and faculty handbooks, including any handbooks posted in the District’s website. · The District Shall publish and prominently display the OCR- approved notice of non-discrimination on the basis of disability in an easily visible location in electronic and printed publications for general distributions, including but not limited to, the following publications a) bulletins b) announcements (excluding unforeseeable announcements such as inclement weather notices) c) catalogs d) student, faculty, and employee handbooks and/or manuals e) board policies and grievance procedures for discrimination and f) student codes of conduct. For publications such as student, employee and faculty handbooks, the notice should be placed at the beginning of each handbook in a section entitled Notice of Non-Discrimination or a similar title, with a reference in the index or table or contents. The revised notice also shall be prominently posted in an easily visible location in the District administration building(s). · The District shall provide training to all administrators, staff and employees who provide educational services to students with disabilities, regarding the rights and procedural requirements outlined in Section 504, title II, and the regulations implementing those laws and the District’s revised dress code and policies. The District may consult with OCR for technical assistance regarding Section 504 and Title II and the regulations implementing those laws. · A letter to the family offering reimbursement for certain expenses. 2. The P&A filed a complaint with the U.S. Department of Education, Office for Civil Rights (USDOE, OCR) against a college due for filing to provide necessary accommodations for the P&A’s client. The USDOE found that the college failed to utilize the Title II and Section 504 legal standards and procedures for determining the Students appropriate auxiliary aids and services to afford the student an equal opportunity to succeed in her academic studies at the college. Additionally, the USDOE identified deficiencies in the college’s anti-discrimination policies, grievance procedures and notice of non-discrimination. As a result of the complaint filed by the P&A the College entered into a Resolution Agreement with the USDOE. OCR is continuing to monitor the agreement and will do so into the next fiscal year. It is anticipated that 1,924 students will be impacted by the results of this systemic complaint and resulting outcomes. The Agreement required the following of the college: · The college shall revise the college’s combined notice of non-discrimination in accordance with Section 504, Title II, Title IX of the Educational Amendments of 1972, 20 USC 1681 (Title IX), the Age Discrimination Act of 1975; 42 USC 6101, Title VI of the Civil Rights Act of 1964 (Title IV), 42 USC 2000d, and the implementing regulations of these federal laws. The college may consult with OCR for technical assistance in revising the notice of non-discrimination, and may refer to OCR’s policy guidance in revising the notice of non-discrimination, and may refer to OCR’s policy guidance entitled Notice of Non-Discrimination, including the sample combined notice of non-discrimination and OCR’s Dear Colleague Letter (April 4, 2011, page 6, pertaining to notices of nondiscrimination). · The college shall revise its anti-discrimination, anti-harassment, and anti-retaliation polices and grievance procedures to provide for the prompt and equitable investigation and resolution of discrimination complaints, including the addition or revision of language to address the following: · A prompt, adequate, reliable and impartial investigation of discrimination complaints, including the opportunity for both parties to present witnesses and provide evidence, · Designated and reasonable prompt time frames for the major states of the complaint processing, · Notice to parties of the outcome of the complaint, · Assurance that if discrimination, including harassment or retaliation, has occurred, prompt and appropriate corrective and remedial actions will be taken, · An anti-retaliation provision prohibiting retaliation, intimidation, threats, coercion, or discrimination against any person for opposing discrimination, including harassment, or for participating in the college’s discrimination complaint process or making a complaint, testifying, assisting, or participating in any manner, in an investigation proceeding, or hearing, · The addition of the designated compliance coordinator’s required contact information, and · The incorporation of the applicable grievance procedure requirements set forth in OCR’s Dear Colleague Letter (April 4, 2011), and subsequent OCR guidance including but not limited to the following: · Language stating that college employees, supervisors, and administrators must promptly report to the designated coordinator any complaints, reports, and observations of, or other information relating to, alleged discrimination, including harassment and retaliation. College employees, supervisor and administrators who receive a complaint of discrimination, harassment or retaliation must provide the complainant with information about filing a complaint of discrimination, including providing a complaint form if requested and providing contact information for the college’s designated coordinator. Such reports must be made even if the information or complaint came to the college employee, supervisor or employee in the course of disciplinary proceedings. If the college uses its disciplinary procedures to investigate and resolved such an alleged discrimination complaint, those disciplinary procedures will comply with the college’s standards for its anti-discrimination grievance procedures. · Language stating that the college will not delay its investigation of discrimination complaints because an outside entity or law enforcement agency is investigating a complaint involving the same facts and allegations. · Language requiring a review of the evidence using a preponderance of the evidence standard (for instance, based on the evidence, is it more likely than not that discrimination, harassment, or retaliation occurred). · A written investigation report which shall include 1) a summary of the facts 2) an analysis of the appropriate legal standards applied to the specific facts 3) findings regarding whether discrimination occurred, and 4) if a finding is made that discrimination occurred, the recommended remedy(ies) necessary to eliminate discrimination, prevent its recurrence, and remedy its effects. · The interim and permanent steps the college will take to stop the discrimination, including harassment and retaliation, and prevent recurrence, including examples of the range of possible disciplinary sanctions and remedies available to address the discriminatory effects on the complainant and others. · The resources, including medical and counseling resources that are available to students and witnesses, · An expanded list of designated compliance coordinator duties, · A requirement that the designated college employee(s) document all complaints of discrimination, including harassment and retaliation, and that the college establish a protocol for record keeping. · An assurance that the college will keep the complaint and investigation confidential to the extent possible. · The college shall prominently display the notice of non-discrimination on the homepage and each separate section of the college’s website. The online notice of non-discrimination shall contain a link to the college’s anti-discrimination, anti-harassment and anti-retaliation policies and grievance procedures in accordance with this agreement for OCR’s review and approval. · The college shall publish and prominently display the revised, OCR_ approved combined notice of non-discrimination in an easily visible location and electronic and printed publications for general distribution, including, but not limited to, the following publications: a) bulletins b) announcements (excluding unforeseeable announcements such as inclement weather notices) c) catalogs d) student and employee applications forms e) recruitment materials f) board policies and grievance procedures for discrimination complains g) student, employee and faculty handbooks, and h) student codes of conduct. For publications such as student, employee and faculty handbooks, the notice should be placed at the beginning of each handbook in a section entitled Notice of Non-discrimination of a similar title, with a reference in the index or table of contents. The revised notice also shall be prominently posted in an easily visible location in the college administration building(s). · The college shall communicate its revised policies, procedures and forms required by the Agreement to all college employees and officials by: · Disseminating those revised policies and procedures via the college’s electronic communications (email) system, and · Including those revised policies and procedure on the college’s website and in the online and hard-copy student, employee, and faculty handbooks in a section entile4d Non-discrimination or a similar title. · The college will develop, for OCR’s review an approval, a procedure for providing academic adjustments and/or auxiliary aids to qualified students with disability (accommodations procedure). The accommodations procedure will be consistent with the requirements of the Section 504 regulations at 34 CFR 104.43 and 104.44. The college may consult with OCR for technical assistance in developing the accommodations procedure, which shall: · Ensure that there is a clear method available for a student with a disability to request academic adjustments and/or auxiliary aids necessary to allow the student full participation in the college’s programs of instruction, · Identify the college’s obligation to provide academic adjustments and/or auxiliary aids to students with a disability, · Identify who a student with a disability should contact and what information the student should provide in order to obtain academic adjustments and/or auxiliary aids, · Identify how the college will make decisions regarding which academic adjustments and/or auxiliary aids are necessary, and how it will participate in the decision making, · Include a provision requiring the college to engage in an interactive process with the student requesting academic adjustments or auxiliary and conduct an individualized inquiry based on the student’s individual needs and disabilities and the nature of the college’s course and program, · Identify how the college will engage in an interactive process with the student requesting academic adjustments or auxiliary aids. · Require the college to consider the cost, feasability, and effect on its academic program of providing a student with a disability access to its educational program and determine that the alternatives would result in either lowering academic standards or requiring substantial program alteration before the college denies a student’s request of academic adjustments or auxiliary aids based on a disability, · Provide students with disabilities a written detailed a written detailed description of the process that the college went through in making a determination to deny the request, including the appeal procedure if the student disagrees w3ith the determination, · Identify the procedure the college will follow if there is a dispute between the college and a student about which academic adjustments and/or auxiliary aids are necessary and will be provided. · Address the circumstances under which the college may request its own evaluation (to be completed at the college’s expense) of the student’s disability and need for academic adjustments and auxiliary aids; and · Identify a methodology to ensue that decisions and information regarding which academic adjustments and/or auxiliary ids to be provided to students with disabilities are timely communicated to faculty and staff. · Within 30 days after receiving notice of OCR’s approval of the accommodations procedure, the college will provide in-service training to all personnel, other than faculty, who are involved in determined academic adjustments and/or auxiliary aids to qualified students (including administrators, Section 504 coordinators, and all student resource center staff) regarding the accommodations procedure. Faculty will be informed of the accommodations procedure by a memo distributed to all faculty, including adjunct faculty. · By September 1, 2016, the college will publish and post the accommodations procedure on the college’s website. · By January 1, 2017, the college will publish the accommodations procedure in the college’s student handbook and faculty handbooks. The college will include in the catalog a statement that the college has procedures for providing academic adjustments and auxiliary aids and where to find them. This will be included in the next publication of the catalog at a date at the beginning of this paragraph. · Individual Remedy: within 10 days from the date this Agreement is executed, the college shall contact the complainant and the student in writing to schedule a meeting at a mutually agreeable date and time, which shall include the complainant, the student, the student’s parent, and anyone else the student wishes to participate in the meeting. · The meeting will discuss any of the student’s requests for academic adjustments and auxiliary aids that were made between February 2, 2015 and the date of this agreement which are not currently approved for use, · The college will engage in an interactive process as specifically set out in item 6 above with the student to determine whether any of the student’s academic adjustments and auxiliary aids requests from February 2, 2105 through the date of the agreement that have not been approved for use are necessary to ensure an equal opportunity to obtain the same result, to gain the same benefit, or th reach the same level of achievement, in the most integrated setting appropriate to the complaint’s needs, · In the event that the college determines that the requested accommodations are appropriate, the college will provide the student with an opportunity to employ the academic adjustments and auxiliary aids to those courses in which she as been enrolled during or subsequent to the denial of the requested academic adjustment or auxiliary aid. In the even that the college makes a determination that the requested academic adjustment or auxiliary aid is not appropriate and necessary, the college will submit a written letter to the student outlining the process that the college used in making a determination to deny the request and provide her with a notice of the method by which sh may appeal the determination. · If the complainant and/or student declines to participate or does not respond to the college’s written invitation for a meeting (pursuant to this provision) within (3) weeks from the date of the invitation, the college’s obligations under this individual relief section will be deemed to have been met. Staff from the P&A attended the meeting required above. As a result of the meeting, the college granted the requested academic adjustments for one class and the client decided to withdraw from one class as it was not required and take another in its place. Her requested academic adjustments were granted for the new class as well. All issues were resolved for the individual student. SCHOOL TO PRISON PIPELINE: The P&A participated in the Oklahoma Advisory Committee to the U.S. Commission on Civil Rights, a committee aimed in addressing the school to prison pipeline by presenting public comment at the hearing in Oklahoma City resulted in the Committee deciding to add students with disabilities as a specific issue they will be addressing. Prior to the public comment by the P&A, children with disabilities were not a group of students the Committee was planning to focus on. Specifically, the P&A discussed the impact of reading on the school to prison pipeline. The Oklahoma Advisory Committee issued its report, which can be found at: http://www.usccr.gov/pubs/Oklahoma_SchooltoPrisonPipeline_May2016.pdf. Most recent state statistics show there are 108,446 students with disabilities in public schools, ages 3-21. Of those, 7.15 % (7753) are student categorized under IDEA as having specific learning disabilities ages 6-21. It is anticipated half of those are students with dyslexia, or a specific reading disability. Therefor the P&A anticipates that 3,879 children have be impacted by the results of this systemic effort by the P&A this fiscal year. This fiscal year, staff from the P&A, in partnership with staff from the Oklahoma Department of Human Services, Oklahoma Juvenile Affairs and the Oklahoma Supreme Court, attended Georgetown University’s Center for Juvenile Justice Reform’s certificate program focusing on School-Justice Partnership and submitted a capstone project focusing on children “in care”, that is currently under state court supervision. The goal of the capstone project is to reduce the school to prison pipeline. Currently, there are 10,156 in either foster care, or out of home placement. 33% (3,351) of those children have been identified as having either serious mental illness, physical disabilities or developmental delays. The team will begin implementation of their capstone project in the upcoming fiscal year. P&A anticipates that 3,351 children will be impacted by the results of this systemic effort by the P&A in the upcoming fiscal year. DYSLEXIA: The P&A continues to hear from clients whose school district tells them that dyslexia is not covered by IDEA and that there are no methodologies to address dyslexia. The P&A has continued its systemic advocacy on behalf of children with dyslexia by distributing the opinion (which resulted from a systemic complaint filed by the P&A) received from the Oklahoma State Department of Education (OSDE) in 2014 and the October 23, 2015, Guidance from the U.S. Department of Education (USDOE) at meetings and conferences where P&A staff presented as well as putting it on the P&A website for distribution. The additional letters filed this fiscal year by the USDOE about schools being able to “say dyslexia” have also been helpful. The OSDE has included dyslexia as one of two priority work committees for its IDEA-B Group. Nationwide statistics shows that dyslexia affects 15-20 % of school children (regardless of which IDEA category they are placed). There are 108,446 students with disabilities in public schools, ages 3-21. Therefor the P&A anticipates that 16,266 children have be impacted by the results of this systemic effort by the P&A this fiscal year. EMERGENCY PREPAREDNESS: The P&A continued the relationship with the Oklahoma Department of Health and their emergency preparedness efforts in developing a statewide training for agencies providing care during and after disasters. The P&A continues to be a part of the FAST (Functional Assessment Support Team) and provided training at the regional Medical Reserve Corp (MRC) conference in August, 2016. The P&A presented information regarding legal obligations under the Americans with Disabilities Act. The MRC is Oklahoma's only medical and public health volunteer program. The OKMRC is a statewide system comprised of specialty teams, and county units operating under the authority of local county health departments and their members are often the first people on site following disasters in Oklahoma. In the current fiscal year, there were three major disaster declarations made by the president affecting over 208 individual homes. The P&A anticipates that 48 people (14.8 % of 208 individuals living in impacted individual homes (30) plus the 18 MRC volunteers who were trained) have be impacted by the results of this systemic effort by the P&A this fiscal year. POST-SECONDARY TRANSITION: The P&A continued its focused outreach to transition age youth and their parents. The P&A provided materials and resources at conferences where the P&A staff spoke or displayed materials to assist students to be able to successfully transition into further education, employment and independent living. The P&A anticipates that 2,696 (the number of people presented to during conferences) children have be impacted by the results of this systemic effort by the P&A this fiscal year RESTRAINT AND SECLUSION GUIDELINES: The P&A continues to undertake systemic activity to reduce seclusion and restraint in public schools throughout the state. Because Oklahoma still has no statutes or regulations regarding seclusion and restraint in school, the published SDE guidelines for reducing seclusion and restraint are extremely important to students. The P&A activity increases the awareness of PAIR eligible clients and their families, as well as lawmakers, of the hidden practices of restraint and seclusion. There are 108,446 students with disabilities in public schools, ages 3-21. The P&A estimates that about .10% of children are affected by restraint and seclusion each year, and therefore, the P&A estimates that 10,845 children have be impacted by the results of this systemic effort by the P&A this fiscal year. TRAINING: P&A continues training to clients, state agencies and service providers regarding rights and responsibilities of clients and self advocacy OBA COMMITTEES: The P&A participates in Oklahoma Bar Association committees related to the juvenile justice system. The P&A also continues to work with the Oklahoma Administrative Office of the Courts to achieve accessible courthouses in Oklahoma and increase information about accessibility to the public. P&A estimates that due to this systemic effort that 25 people have been impacted this fiscal year. COURTHOUSE ACCESSIBILITY: The P&A continues to photograph the county courthouses (77 counties) so that entrance access (or lack thereof) is readily identifiable to PAIR eligible clients and their families who want to use the court house (for hearings, jury service, serving as a witness and other public events) can do so. Pictures of each county courthouse are posted to the P&A’s Facebook account as soon as they are acquired. The P&A continues to solicit information from PAIR eligible clients about accessibility issues at their local courthouses and provided information on procedures for filing complaints for accessibility issues. There are 77 counties in Oklahoma. The P&A adjustments and/or auxiliary aids. This fiscal year, staff from the P&A, in partnership with staff from the Oklahoma Department of Human Services, Oklahoma Juvenile Affairs and the Oklahoma Supreme Court, attended Georgetown University’s Center for Juvenile Justice Reform’s certificate program focusing on School-Justice Partnership and submitted a capstone project focusing on children “in care”, that is currently under state court supervision. The goal of the capstone project is to reduce the school to prison pipeline. Currently, there are 10,156 in either foster care, or out of home placement. 33% (3,351) of those children have been identified as having either serious mental illness, physical disabilities or developmental delays. The team will begin implementation of their capstone project in the upcoming fiscal year. P&A anticipates that 3,351 children will be impacted by the results of this systemic effort by the P&A in the upcoming fiscal year. DYSLEXIA: The P&A still continues to hear that dyslexia is not covered by IDEA and that there are no methodologies to address dyslexia. The P&A has continued its systemic advocacy on behalf of children with dyslexia by distributing the opinion the received from the Oklahoma State Department of Education in 2014 and the October 23, 2015 Guidance from the U.S. Department of Education at meetings and conferences where P&A staff presented as well as putting it on the P&A website for distribution. Nation wide statistics shows that dyslexia affects 15-20 % of school children (regardless of which IDEA category they are placed). There are 108,446 students with disabilities in public schools, ages 3-21. Therefor the P&A anticipates that 16,266 children have be impacted by the results of this systemic effort by the P&A this fiscal year. EMERGENCY PREPAREDNESS: The P&A continued the relationship with the Oklahoma Department of Health and their emergency preparedness efforts in developing a statewide training for agencies providing care during and after disasters. The P&A continues to be a part of the FAST (Functional Assessment Support Team) and provided training at the regional Medical Reserve Corp (MRC) conference in August, 2016. The P&A presented information regarding legal obligations under the Americans with Disabilities Act. The MRC is Oklahoma's only medical and public health volunteer program. The OKMRC is a statewide system comprised of specialty teams, and county units operating under the authority of local county health departments and their members are often the first people on site following disasters in Oklahoma. In the current fiscal year, there were three major disaster declarations made by the president affecting over 208 individual homes. The P&A anticipates that 48 people (14.8 % of 208 individuals living in impacted individual homes (30) plus the 18 MRC volunteers who were trained) have be impacted by the results of this systemic effort by the P&A this fiscal year. POST-SECONDARY TRANSITION: The P&A continued its focused outreach to transition age youth and their parents. The P&A provided materials and resources at conferences where the P&A staff spoke or displayed materials to assist students to be able to successfully transition into further education, employment and independent living. The P&A anticipates that 2,696 (the number of people presented to during conferences) children have be impacted by the results of this systemic effort by the P&A this fiscal year RESTRAINT AND SECLUSION GUIDELINES: The P&A continues to undertake systemic activity to reduce seclusion and restraint in public schools throughout the state. Because Oklahoma still has no statutes or regulations regarding seclusion and restraint in school, the published SDE guidelines for reducing seclusion and restraint are extremely important to students. The P&A activity increases the awareness of PAIR eligible clients and their families, as well as lawmakers, of the hidden practices of restraint and seclusion. There are 108,446 students with disabilities in public schools, ages 3-21. The P&A estimates that about .10% of children are affected by restraint and seclusion each year, and therefore, the P&A estimates that 108 children have be impacted by the results of this systemic effort by the P&A this fiscal year. TRAINING: P&A continues training to clients, state agencies and service providers regarding rights and responsibilities of clients and self advocacy. OBA COMMITTEES: The P&A participates in Oklahoma Bar Association (OBA) committees related to the juvenile justice system. The P&A also continues to work with the Oklahoma Administrative Office of the Courts to achieve accessible courthouses in Oklahoma and increase information about accessibility to the public. P&A estimates that due to this systemic effort that 25 people have been impacted this fiscal year. COURTHOUSE ACCESSIBILITY: The P&A continues to photograph the county courthouses (77 counties) so that entrance access (or lack thereof) is readily identifiable so that PAIR eligible clients and their families who want to use the court house (for hearings, jury service, serving as a witness and other public events) can do so. Pictures of each county courthouse are posted to the P&A’s Facebook account as soon as they are acquired. The P&A continues to solicit information from PAIR eligible clients about accessibility issues at their local courthouses and provided information on procedures for filing complaints for accessibility issues. There are 77 counties in Oklahoma. The P&A estimates that due to this systemic effort in insuring courthouse accessibility, at least 1540 individuals have been impacted this current fiscal year. FACILITIES OUTREACH: The P&A continues to visit nursing homes and other facilities where people who are eligible for PAIR live to assure that PAIR eligible clients are aware of their rights where they live and are free from abuse and neglect. Most recent data shows that there are currently 18,938 residents living in nursing facilities in Oklahoma. TRIBAL TRAINING AND OUTREACH: The P&A continues its collaboration with the tribal community and regional training on legal rights and their enforcement. P&A estimates that due to this systemic effort 62 people have been impacted this fiscal year. LEGISLATIVE INITIATIVE: The P&A continues monitoring of proposed legislation and activity of legislatively created task forces. The P&A continues to subscribe to a legislative reporting service to track proposed legislation by identified subject matter and reviews bill status, meetings and analysis throughout the legislative session. The P&A prepared a report that can be shared with PAIR eligible clients. The P&A is in a better position to inform clients of the significance of proposed legislation.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts0
2. Number of individuals named in class actions0

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.

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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.

STATEMENT OF PRIORITY 1: Improve access to appropriate services for persons with disabilities, including but not limited to, employment, housing, transportation, income, medical care, education and vocational training. NEED TO BE ADDRESSED: Need to live productive lives free of discrimination based on disability DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: provide representation to enforce anti-discrimination statutes, including education; coordinate complaints with federal and state agencies that enforce anti-discrimination statutes; provide representation to clients to achieve income and medical benefits or referral to appropriate, available attorneys; provide representation to clients who face systemic, physical barriers and exclusion based on disability; provide legal advice and counseling to develop and implement self-advocacy for individuals with disabilities, including maintenance of websites, listservs and social media; improve skills for mediation and other remedies to promote inclusion in the least restrictive environment CASE SUMMARY(s): (1) The P&A was contacted by a person regarding an issue they were having with their homeowner’s association. The client explained that he had a degenerative disease and because of that, he had built a shed attached to his garage. According to his homeowner’s association, the shed was a violation of the homeowner’s association where he was a member. The client had requested an accommodation from the homeowner’s association which had been denied and the homeowner’s association told him they would start assessing fines against him if he failed to tear down the shed. The client requested that the P&A represent him at his upcoming homeowner’s association meeting. The P&A reviewed the by-laws of the homeowner’s association and his property, including the shed at issue. The P&A staff worked with the client and prepared a binder to present at the board meeting. The binder included pictures of the property, correspondence, pictures of the neighborhood showing other similar violations (which had not received notices to comply with the by-laws) and a fair housing complaint. P&A staff attended the homeowners association with the client where the notebook was presented to the board of the homeowner’s association. The request for a reasonable accommodation was again requested. At the end of the meeting, the board requested time to reconsider the request based on the additional information from the notebook and a follow up meeting was set for two weeks later. Prior to the follow up meeting, the board sent a letter to the client granting the client’s request for the reasonable accommodation. As a result of the P&A’s intervention, client was provided a reasonable accommodation and was not fined by the homeowner’s association. (2) The P&A was contacted by a person who needed help with her handicap parking spot at her apartment. The client told the P&A that she had requested an accommodation of a handicapped parking space and that a space was designated as handicapped. However, because the spot was not clearly marked as being a handicapped space, other tenants were using the spot who did not have a disability. Additionally, the client said there was not sufficient space around the spot to allow her to get to her car using her walker which she needed in order for safe mobility. The P&A contacted the client’s landlord and relayed the client’s concerns. The P&A requested that the landlord properly mark the handicap spot and the landlord’s assurance the spot would come into compliance with the Americans with Disabilities Act. The landlord responded to the P&A and provided a picture to show that after receiving our letter, they had clearly marked the spot and that they had marked the spot wide enough to allow the client to be able to use her walker to get in and out of her car. Additionally, the landlord assured the P&A that if any other residents parked in the spot illegally and it was reported to them, they will respond immediately and have the vehicle tagged for towing and their towing company will be called to remove the vehicle. As a result of the P&A’s intervention, the P&A’s client was provided with a handicap parking spot in compliance with the Americans with Disabilities Act and no longer was worried about other residents parking illegally in her spot. STATEMENT OF PRIORITY 2: Monitor facilities, state agencies and other service providers that provide or supervise services for persons with disabilities to: eliminate abuse and neglect; improve access to appropriate services and improve quality of services NEED TO BE ADDRESSED: Need to be free of abuse and neglect DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: compliment activities of the PAIMI program to improve community mental health services in Oklahoma and the efforts of the PADD program to improve community services for people with developmental disabilities; provide representation to residents of nursing homes and facilities to protect them from abuse and neglect and to access needed assistive technology services; coordinate with Long Term Care Ombudsman, Adult/Child Protective Services and enforcement agencies for facilities. CASE SUMMARY(s): (1) Client contacted the P&A regarding needed medical care while she was in prison. The P&A contacted the Oklahoma Department of Corrections (DOC) and explained to them that our office was contacting them regarding issues of alleged abuse and neglect, specifically the failure to provide appropriate medical care. We explained that our client told us that while working in the prison’s kitchen on she injured her right knee resulting in debilitating pain and difficultly walking and that doctors at two hospitals stated she needs to have surgery on her right knee. The P&A explained that our client had made numerous requests for surgery in her right knee, that she felt her requests for surgery had been ignored or improperly denied and that a continued delay in receiving surgery will result in further damage and possible life long disability. We also explained that she will need physical therapy and possibly other follow up care after surgery. We requested that the immediately provide our client with appropriate medical care. After receiving the P&A’s letter, the client was referred to a local hospital for a surgical consultation. The client let us know she received the consult and a date was set for her surgery. As a result of the P&A’s intervention, the client received the appropriate medical care - - the surgery she needed in order to prevent any further damage to her knees. (2) Client contacted the P&A regarding medical care while he was in prison. The P&A contacted the Oklahoma Department of Corrections (DOC) and explained to them that our office was contacting them regarding issues of alleged abuse and neglect, specifically the failure to provide appropriate medical care. Specifically, the P&A explained that our client had had hip replacement surgery on both hips, that the doctor that preformed his hip replacement surgeries expressed serious concerns over the fact that both his legs were locked in a bent position. The doctors stated they felt that, aside from the pain it was causing our client, it would also put too much stress on the hip joints and lead to further damage and possible failure to his hip replacements. Because of this, the P&A explained to the DOC, the doctors told our client that he needed to have total knee replacement surgery in order to fix his legs and relive the added stress on his hip joints. The P&A explained that our client also suffered from rheumatoid arthritis and has been requesting to see an Rheumatologist since 2006. Also, that the P&A’s client had broken a toe on his right foot about a year and half ago. The toe was now black and he suffers pain when he walks. The P&A requested that the immediately provide our client with appropriate medical care. After contacted the DOC, the P&A client again contacted the P&A to let them know that he had been taken to the hospital two times since he originally contacted our office due to the severe pain in his right hip. He also told us that the DOC has instituted a policy that prohibited providing total knee replacements. The P&A again contacted the DOC to provide them with the updated information. After the follow up with the DOC, the P&A’s client told the P&A that the DOC had changed their policy prohibiting total knee replacements, that he will be receiving the needed knee replacement. Additionally, the DOC started providing him with the pain medication needed to manage his pain. STATEMENT OF PRIORITY 3: Respond to issues and needs identified by groups who advocate on behalf of individuals with disabilities NEED TO BE ADDRESSED: Groups identify needs of their members with disabilities and seek relief to systemic issues. Often issues arise that could not be anticipated at the time priorities and objectives were developed. The P&A will be responsive, when appropriate, to these situations, as well as continue efforts on identified systemic issues. DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: The P&A will continue to participate in task forces and advisory committees on disability-related issues. The P&A will work with the federally funded parent training and information center (Oklahoma Parents Center), the Office of Disability Concerns, the P&A will continue to focus its activities on educational issues of tribal members and other organizations which focus on the concerns of their members with disabilities. CASE SUMMARY(s): (1) The P&A continues to works collaboratively with Decoding Dyslexia Oklahoma (DDOK), a grassroots movement driven by OK families concerned with the limited access to educational interventions for dyslexia. They are a group made up of parents of children who are dyslexic who encourage parents. The P&A has provided information and training to DDOK groups around the state, as well has have accepted individual cases referred to them by DDOK. As a result of this collaboration, the P&A has successfully handled numerous cases referred to the P&A by Decoding Dyslexia and is starting to see a positive impact on how schools are treating children with dyslexia Case Example: The mother of a client with dyslexia called the P&A about her daughter’s education. Her mother told us that her daughter was placed on a 504 plan (due to having a diagnosis of ADHD, dyslexia and dysgraphia) after being determined ineligible for services under IDEA two years previously. The P&A contacted the school’s attorney and informed them that our client was two grade levels behind in her reading, despite the fact she is on a 504 Plan and has been receiving RtI and Title I services. That the mother has provided the school counselor with a copy of a neuropsychological evaluation report conducted. The neuropsychological report diagnoses included ADHD Combined Type, Developmental Dyslexia, Dysgraphia and Specific Learning Disorders in Reading and Written Expression and recommendations for academics and organizational skills. We told the attorney that the mother had been told by the school counsel that they would give the doctor’s report to the school psychologist to review before the district could determine what to do in regard to considering services under IDEA. Her mother was later told that her daughter could not be evaluated for eligibility under IDEA her 504 Plan was due for renewal. Staff from the P&A attended a meeting with the parent after contacting the school’s attorney. At that meeting, the school determined that the P&A’s client was eligible for IDEA based on the neuropsychological report. The school set a meeting for 30 days where they would then come back and write an IEP for the client. Staff from the P&A attended the follow up meeting with the parent where an IEP was developed for the P&A’s client. The IEP included recommendations from the neuropsychological report for academics and organizational skills and other supports and services necessary for the P&A’s client to be able to be successful in school, including assistive technology, such as a Surface Pro and Bookshare. (2) The P&A continues to enhance its collaborative relationship with the federally funded parent training and information center known as Oklahoma Parents Center (OPC). The P&A and OPC conducted joint trainings, coordinate case handling and collaborated on systemic issues. During the fiscal year, the P&A and OPC worked collaboratively on educational cases for PAIR eligible clients. Case Example: The P&A was contacted by Oklahoma Parents’ Center (OPC) about a student who had a traumatic childhood filled with abuse as well as a history of behavior problems. These behavior problems and allegations that he brought a knife to school caused significant problems at school leading to in-school suspensions and out-of-school suspensions. The OPC had attended previous IEP meetings with the family, but were unable to resolve the issues. So, OPC referred client to the P & A. The school was suspending client for his behavior issues and a threat he made under his breath stating t hat he wanted to murder everyone. The school was supposed to revise the behavior intervention plan to address the new behavior issues but it was not completed at the time of this incident. The school wanted child to go inpatient but, the child’s therapist disagreed. His mom was concerned that the school would place him on a long term suspension, which would negatively impact his educational progress. The P&A legal advocate attended the manifestation determination review (MDR) to assist parent in obtaining appropriate services for child. The team discussed the incident that lead to the disciplinary action and agreed that the child did not do well working in groups. The team acknowledged he was working in a group when the incident occurred. Therefore, the team agreed that an alternative setting with a special education teacher at the alternative education high school campus would provide less student interactions in the morning. He would then return to the middle school campus in the afternoon for a co-taught (with a regular and a special ed. teacher) math class and guided study with a paraprofessional. The team also agreed to conduct a new functional behavior assessment in collaboration with client’s private therapist.

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.

STATEMENT OF PRIORITY 1: Improve access to appropriate services for persons with disabilities, including but not limited to, employment, housing, transportation, income, medical care, education and vocational training. NEED TO BE ADDRESSED: Need to live productive lives free of discrimination based on disability DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: provide representation to enforce anti-discrimination statutes, including education; coordinate complaints with federal and state agencies that enforce anti-discrimination statutes; provide representation to clients to achieve income and medical benefits or referral to appropriate, available attorneys; provide representation to clients who face systemic, physical barriers and exclusion based on disability; provide legal advice and counseling to develop and implement self-advocacy for individuals with disabilities, including maintenance of websites, listservs and social media; improve skills for mediation and other remedies to promote inclusion in the least restrictive environment STATEMENT OF PRIORITY 2: Monitor facilities, state agencies and other service providers that provide or supervise services for persons with disabilities to: eliminate abuse and neglect; improve access to appropriate services and improve quality of services NEED TO BE ADDRESSED: Need to be free of abuse and neglect DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: compliment activities of the PAIMI program to improve community mental health services in Oklahoma and the efforts of the PADD program to improve community services for people with developmental disabilities; provide representation to residents of nursing homes and facilities to protect them from abuse and neglect and to access needed assistive technology services; coordinate with Long Term Care Ombudsman, Adult/Child Protective Services and enforcement agencies for facilities. STATEMENT OF PRIORITY 3: Respond to issues and needs identified by groups who advocate on behalf of individuals with disabilities NEED TO BE ADDRESSED: Groups identify needs of their members with disabilities and seek relief to systemic issues. Often issues arise that could not be anticipated at the time priorities and objectives were developed. The P&A will be responsive, when appropriate, to these situations, as well as continue efforts on identified systemic issues. DESCRIPTION OF ACTIVITIES TO BE CARRIED OUT UNDER PRIORITY: The P&A will continue to participate in task forces and advisory committees on disability-related issues. The P&A will work with the federally funded parent training and information center (Oklahoma Parents Center), the Office of Disability Concerns and other organizations which focus on the concerns of their members with disabilities.

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. Source of funding: The federal grant from RSA B. Budget: Administrative $33,656.02 Service $141,383.25 Other: $2,988.73 Total: $178,028 C. Staff: (1) Executive Director - 1 position: responsible for implementing the policies of the Board of Directors and for managing the day-to-day activities of the program (2) Program Manager- 1 position: responsible for implementing program requirements (3) Attorneys- 4 positions: responsible for rendition of legal services (4) Advocates - 5 positions: responsible for rendition of advocacy services under supervision of attorneys (4) Secretaries- 3 positions: responsible for support services to attorneys and advocates D. Advisory Board: The PAIR Advisory Council coordinated its activities with the PADD and PAIMI Advisory Councils to provide direction to the Board of Directors on development of priorities and objectives. E. Grievances: There were no grievances filed under the P&A written grievance procedure, which is posted on websites of the P&A and distributed to individual clients. F: Coordination: The P&A coordinates its activities with the Client Assistance Program (CAP) by accepting referrals from the Office of Disability Concerns when those matters are not covered within the CAP responsibility and by participating jointly on systemic projects. The P&A coordinates with the State long-term care program by accepting referrals for persons who are not covered by their program and by sending them referrals of persons who are covered by their program and by working with them on the Emergency Management (FAST) training work group.

Certification

Signed?Yes
Signed ByKayla A. Bower
TitleExecutive Director
Signed Date12/31/2016