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

Wisconsin (Disability Rights Wisconsin, Inc.) - H240A160050 - FY2016

General Information

Designated Agency Identification

NameDisability Rights Wisconsin
Address131 W. Wilson St. Suite 700
Address Line 2
CityMadison
StateWisconsin
Zip Code53703
E-mail Addressmonicam@drwi.org
Website Addresshttp://www.disabilityrightswi.org
Phone608-267-0214
TTY 888-758-6049
Toll-free Phone800-928-8778
Toll-free TTY888-758-6049
Fax608-267-0368
Name of P&A Executive DirectorDan Idzikowski
Name of PAIR Director/CoordinatorMonica Murphy
Person to contact regarding reportMonica Murphy
Contact Person phone414-773-4646
Ext.2735

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 areas210
2. Individuals receiving I&R outside PAIR priority areas516
3. Total individuals receiving I&R (lines A1 + A2)726

B. Training Activities

1. Number of trainings presented by PAIR staff28
2. Number of individuals who attended training (approximate)2,041

Name: Adaptive Community Approach Program Training Description: Train individuals with ID on their rights when working with DVR and to discuss the issue of sheltered employment. Purpose: Train individuals with ID on their rights when working with DVR and to discuss the issue of sheltered employment. Training Method: Classroom Instruction ********** Name: Alianza Parent Training Description: Train parents on the difference between receiving a diploma or certificate in MPS. To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Purpose: To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Training Method: Classroom Instruction ********** Name: Briefing on 2017 Milwaukee County Budget Description: DRW in our role as coordinator for Milwaukee Mental Health Task Force helped to coordinate a briefing on the 2017 Milwaukee County Budget. topics covered included disability services, mental health services, the jail, transportation, long term care, housing Purpose: Educate candidates about policy and service priorities for people with disabilities. Educate voters from the disability community about the candidates perspectives on service and policy issues that are important to the community Training Method: Classroom Instruction ********** Name: Council on Blindness Description: Meet with Council on Blindness to update them on current issues and DRW's work Purpose: increase awareness of disability issues and DRW's role Training Method: Classroom Instruction ********** Name: Dane County Family Care training Description: Training to begin orienting people with physical disabilities about how Family Care will be implemented in Dane County. Purpose: Help people understand how service deliver will both change and remain the same once Family Care and IRIS replaces the CIP 2 and Community Options Programs. Training Method: Classroom Instruction ********** Name: Fair Housing Conference Description: statewide conference on fair housing issues Purpose: increase knowledge about accessibility in housing and identify most common problems Training Method: Classroom Instruction ********** Name: Guardianship training-Mauston Description: Training in conjunction with BOALTC and Juneau County APS on Limited Guardianship, LRE and ward and patient rights. Purpose: make attendees aware of limited g-ship and how they could have an impact on assuring that g-ship is as limited as possible and the ward is subject to the least restrictive conditions possible. Training Method: Classroom Instruction ********** Name: Long Term Care Blueprint Training Description: Webbased training on contents of LTC Coalition's "Stakeholder's Blueprint for long term care Redesign." Purpose: To make consumers, caregivers, advocates and providers aware of the contents of the Blueprint so that they can use the blueprint when contacting legislators and others about the DHS proposal to redesign the LTC system. Training Method: Classroom Instruction ********** Name: Long Term Care Blueprint Training Description: Webbased training on contents of LTC Coalition's "Stakeholder's Blueprint for long term care Redesign." Purpose: To make consumers, caregivers, advocates and providers aware of the contents of the Blueprint so that they can use the blueprint when contacting legislators and others about the DHS proposal to redesign the LTC system. Training Method: Computer Based Training ********** Name: Milwaukee Public Schools Transition for Parents and Educators Description: Meet together with special education teachers, vocational rehabilitation staff, long term care providers to inform them about how the personal transition plan (PTP) should be written followed by information about Social Security Benefit programs to assist people in getting and keeping work without penalty. We also taught about what the vocational rehabilitation program should be doing for students and then what to expect after graduation from vocational rehabilitation. Purpose: Educate as many people as possible who are involved in transition planning and provision to provide effective transition services. Training Method: Individual Instruction ********** Name: Milwaukee Public Schools Transition Training Description: Train parents, educators, DVR counselors, other professionals about transition. Purpose: Improve knowledge of individuals trained. Training Method: Individual Instruction ********** Name: NBTI Special Edcuation Law Description: NBTI Special Education Law Training Purpose: Expand knowledge of special education law Training Method: Classroom Instruction ********** Name: NBTI Special Education Law Description: Day long training of special education law Purpose: educate school personnel, families and advocates Training Method: Classroom Instruction ********** Name: School Resource Officer Convention Training Description: Provide training to school resource officers at their annual convention on the use of seclusion and restraint in schools and way to reduce these practices. Provide information about the law and their responsibilities. Purpose: Teach SRO's how to interact with students with disabilities and learn how to better use positive behavior interventions. Understand what the school can and cannot due in regards to discipline. Training Method: Classroom Instruction ********** Name: South Division High School Training Description: Train primarily Latino parents about transition. Purpose: Outreach to Spanish speaking parents Training Method: Individual Instruction ********** Name: WI Facets Parent Training Description: Train parents on the difference between receiving a diploma or certificate in MPS. To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Purpose: To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Training Method: Classroom Instruction ********** Name: WI Facets Staff Training Description: Train parents on the difference between receiving a diploma or certificate in MPS. To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Purpose: To teach parents to understand about the difference between choice, charter and public schools. Also, to educate parents about high school diplomas in MPS Training Method: Classroom Instruction ********** Name: Working with deaf and hard of hearing individuals Description: training to EEOC staff on what to expect when working with deaf or hard of hearing complainants Purpose: educate EEOC staff Training Method: Classroom Instruction ********** Name: Brookfield Transition Resource Fair Description: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR. Purpose: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR Training Method: Individual Instruction ********** Name: Circles of Life Conference Description: Provide information to parents on various issues related to children and adults with disabilities including FAPE, Transition, Voting, County Services, Long Term Care Purpose: Provide information to parents on various issues related to children and adults with disabilities including FAPE, Transition, Voting, County Services, Long Term Care Training Method: Individual Instruction ********** Name: Homestead Transition Resource Fair Description: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR. Purpose: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR Training Method: Individual Instruction ********** Name: Kenosha County Transition Fair Description: Man a table at the transition fair in Kenosha and hand out materials to students and parents and answer their specific questions. Purpose: Prevent students in transition from being sent to inappropriate sheltered workshops and how to access DVR. Training Method: Individual Instruction ********** Name: Latino Forum Description: Annual outreach to the Hispanic population in Milwaukee. We also presented on rights in different types of schools; public, choice and charter. Purpose: Rights for children under IDEA. Difference Between Choice, Charter, and Public School rights. Training Method: Classroom Instruction ********** Name: Latino Forum Description: Annual outreach to the Hispanic population in Milwaukee. We also presented on rights in different types of schools; public, choice and charter. Purpose: Rights for children under IDEA. Difference Between Choice, Charter, and Public School rights. Training Method: Individual Instruction ********** Name: LEAPP Transition Fair Description: Attended transition fair in order to disseminate information about working while disabled (SSA), working with Division of Vocational Rehabilitation and state's long term care programs to fund employment services during and after transition from secondary school. Purpose: Educate, disseminate written information to take home and find individuals who need information and advocacy. Training Method: Individual Instruction ********** Name: MPS Health Fairs- North Division 2016 Description: Provide information about DRW and our work with students with disabilities in the Milwaukee area. Attend 2 health fairs. Purpose: To provide information to parents on student rights. Training Method: Individual Instruction ********** Name: MPS Health Fairs- South Division 2016 Description: Provide information about DRW and our work with students with disabilities in the Milwaukee area. Attend 2 health fairs. Purpose: To provide information and resources to parents of students with disabilities who receive special education services. Training Method: Individual Instruction ********** Name: Racine Transition Resource Fair Description: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR. Purpose: Outreach at transition fair to provide resources to families and students age 14-21 in Public School on transition programing including the PTP and DVR Training Method: Individual Instruction ********** Name: Resource Fair First Nations MPS Description: Provide information to parents on various issues related to children and adults with disabilities including FAPE, Transition, Voting, County Services, Long Term Care Purpose: Provide information to parents on various issues related to children and adults with disabilities including FAPE, Transition, Voting, County Services, Long Term Care Training Method: Individual Instruction ********** Name: Washington County Transition Fair Description: Man a booth at a school district's transition fair. Purpose: Improve transition knowledge amongst parents, educators and students Training Method: Individual Instruction **********

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles53
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website112,368
5. Publications/booklets/brochures disseminated6,123
6. Other (specify separately)0

Narrative

The publications/booklets/brochures disseminated includes our agency brochures, our annual report, and brochures for various advocacy programs within our agency. It also includes handouts we have created for the various trainings we provide including a transition manual and our employment workbook. Additionally, we distribute publications created by others such as DOJ, EEOC, and Bazelon Center for Mental Health Law.

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)30
2. Additional individuals served during the year105
3. Total individuals served (lines A1 + A2)135
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 41

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility7
2. Employment31
3. Program access1
4. Housing13
5. Government benefits/services18
6. Transportation17
7. Education22
8. Assistive technology2
9. Voting0
10. Health care21
11. Insurance0
12. Non-government services0
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 favor62
2. Other representation found2
3. Individual withdrew complaint5
4. Appeals unsuccessful7
5. PAIR Services not needed due to individual's death, relocation etc.8
6. PAIR withdrew from case3
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit10
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-advocacy16
2. Short-term assistance29
3. Investigation/monitoring23
4. Negotiation14
5. Mediation/alternative dispute resolution9
6. Administrative hearings3
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 - 41
2. 5 - 2223
3. 23 - 5997
4. 60 - 647
5. 65 and over7

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females68
2. Males67

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race5
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American32
5. Native Hawaiian or Other Pacific Islander0
6. White74
7. Two or more races9
8. Race/ethnicity unknown15

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent75
2. Parental or other family home24
3. Community residential home2
4. Foster care0
5. Nursing home8
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center23
9. Homeless1
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 impairment8
2. Deaf/hard of hearing11
3. Deaf-blind0
4. Orthopedic impairment42
5. Mental illness14
6. Substance abuse0
7. Mental retardation4
8. Learning disability6
9. Neurological impairment15
10. Respiratory impairment6
11. Heart/other circulatory impairment3
12. Muscular/skeletal impairment15
13. Speech impairment1
14. AIDS/HIV1
15. Traumatic brain injury2
16. Other disability7

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities21

2. Number of individuals potentially impacted by policy changes1,185,282

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.

A. DRW comments on Children’s Long Term Support waiver 1) 6 policies changed 2) There are 6042 children on the CLTS waiver. The draft of the CLTS Waiver Renewal Application that was released for public comment was inaccessible to people with visual impairments because of the smallness of the font and the inability to enlarge the document. DRW complained about this to DHS which corrected the problem and reposted the proposed waiver in a format that was visually accessible. (1) DHS also extended the comment period. In terms of substance, we noted that the application failed to include a description of the level of care criteria for children with physical disabilities who required a skilled nursing facility level of care. The application ultimately submitted to CMS for approval included the appropriate target group for children with physical disabilities. (2) We supported DHS’s proposal to add three services to the benefit package. They were: a limited child care service; training for parents/guardians and families of kids with disabilities; and relocation service. All of these services would benefit children with physical disabilities. These additional services were retained in the application submitted to CMS. (3,4,5) Finally, we convinced DHS to drop its proposal to use an “institutional cost limit” in determining eligibility for the waiver. (6) Such a cost limit could have resulted in children with the most significant disabilities being excluded from participation in the waiver, because it was possible that their service costs in the community would exceed their service costs in an institution. (1) Change made it possible for people with visual impairments to read and comment on the proposal. (2) The inclusion of the level of care criteria for children with physical disabilities makes it possible for children with physical disabilities qualify for an receive services under the CLTS waiver. (3) The inclusion of a limited child care service now makes it possible for the coverage of some child care services for children with disabilities when they have extraordinary costs due to their disabilities. (4) Training for parents and guardians added to the waiver makes it possible for there people to secure the training they need to support and care for children with disabilities. (5) The inclusion of a relocation service makes it possible to use the waiver services to help a child move to a location better able to meet their needs and participate in the most integrated setting. (6) The elimination of the institutional cost limit makes it possible for children with significant needs to be served in the more integrated setting of the community rather than be forces into an institution if it was less costly. B. Iris Advisory Committee (1) 1 policy changed (2) 14,000 potentially impacted by the change We worked on ameliorating the unnecessary negative effects of DHS’s policy to limit individual caregivers to a 40 hour work week per IRIS participant. We wanted to make sure that a policy which was purported to be about health and safety did not put health and safety at risk by arbitrarily limiting the pool of available caregivers. The original policy was withdrawn. Many people rely on caregivers, often times family members or other live-ins, to provide care that amounts to more than 40 hours per week. If such a limit was imposed many people would not be able to find caregivers to cover those hours due both to the shortage of available caregivers and the limited funds provided in their IRIS budgets. C. Kenosha County Jail (1) 1 policy changed (2) 300 inmates impacted by the change After multiple complaints by DRW staff about the poor medical services in the jail, Advanced Correctional Healthcare’s (ACH)contract was not renewed last May. Visiting Nurse Community Care (VNCC) was appointed as the new health care provider for jail. President of VNCC admitted at a meeting that ACH’s contract was not renewed due to problems with Dr. Butler, medical director and staff. DRW submitted extensive documentation of problems with ACH. After meeting with Corp Counsel and KCJ ADA coordinator, they agreed to send all medical related grievances to VNCC for a response and to instruct the Sheriff’s Dept. Staff to not thwart access to health care by inmates at the KCJ. Overall VNCC has been better at addressing problems about which DRW notifies them. KCJ client-NRT was arrested when she went to the hospital to get treatment for a broken leg caused by domestic violence. The jail did not provide her with adequate accommodations to keep her leg elevated; forced her to use crutches instead of a wheel chair in the cell area, which caused her to put weight on her broken leg, contrary to her doctor’s orders; The shower facilities in the medical unit that she was housed in was not ADA accessible. A few times she was transported to men’s shower but was not able to shower regularly. The toilet and sink in her cell was also not accessible. When NRT needed to have surgery, the jail doctor refused to authorize her to go to a nursing home for rehab. DRW filed complaints with the health services contractor, ACH, the ADA coordinator and the corporation counsel and was able to get some services approved for this inmate, including going to the nursing home. D. Children’s Long Term Support Waiver in Milwaukee County- (1) 3 policies changed (2) 840 children in Milwaukee County impacted by the change Milwaukee County was running its children’s long term support waiver program in a manner that was inconsistent with state policies and detrimental to program participants. We represented several families in fair hearings but due to repeated problems with filed a complaint with the State of Wisconsin. The State ordered the county to change its practices in three areas. The county was ordered to contract for services with any qualified and willing provider that the beneficiary chooses. (1) The County cannot require families to sign a written prior notice before they can request a change in waiver services. (2) Waiver participants are not required to get a Medicaid denial before obtaining services through the waiver when the services or goods being sought do not have a Medicaid equivalent. DRW represented a child who had been receiving behavioral services from a provider through the family’s private insurance. When the family sought to have those services continue under the waiver the county refused to contract with that provider despite the provider being willing and qualified to provide the services. The child could not have the continuity of service she needed until DRW got the policy changed and that County was ordered to contract with the particular provider. E. Bike and Pedestrian Task force (1) 2 policies changed (2) 52,124 people with disabilities in the City of Milwaukee DRW worked on the City of Milwaukee Bike and Pedestrian task force to encourage the city to appoint and ADA coordinator and to improve snow removal for residents with disabilities. In 2016 the city finally appointed and ADA coordinator (1). Additionally, the city Department of Public Works created an app for city residents to report snow related problems to the city-as recommended by the BPTF. (2) Now City residents who have ADA concerns have a place to go to raise them and have them addressed. Furthermore, when snow is not cleared or it is pushed into the path of travel or a curbcut people with disabilities have an avenue to quickly report the problem and have it addressed. F. Special Needs Voucher Rules: (1) 1 policy changes (2) 206 voucher participants are impacted by these changes in 2016 Under the Special Needs Voucher, DRW worked to get quarterly reporting to the parent of a child attending the private school and receiving a scholarship and a record of the implementation of the child's individualized education program or services plan, and an evaluation of the child's progress. Without this required reporting to parents there would be no requirement for schools receiving the special needs voucher to inform parents of the progress their child is making or the implementation of the Individualized Education Plan or service plan. G. Open Enrollment: (1) 1 policy change (2) 107,000 students with disabilities in Wisconsin are potentially impacted by this change DRW worked on legislation related to removing undue financial burden under the open enrollment laws. Parents of children with disabilities were able to begin applying for open enrollment in Wisconsin school districts February 1, 2016. This is the first full school year in which families of children with disabilities will benefit from a positive change to the program that takes away significant barriers to choosing a different school that better meets the needs of their child. The previous policy made it easier for the resident school district to turn down a student with special education needs application for open enrollment in another school district. Now resident school districts cannot deny open enrollment to a student based on undue financial burden. It is now easier for students with disabilities to open enroll in school districts that are better able to meet their needs than their resident districts. H. State of Wisconsin WIOA plan (1) 4 changes in policy (2) 26770 people with disabilities are potentially impacted by this plan. We challenged the State of WI Workforce Investment Opportunity Act combined plan. The Division of Vocational Rehabilitation was not allowed at the table to develop the state plan. Other than the vocational rehabilitation section, written in a different font from the rest of the report, the Department of Workforce Development wrote the document without the vocational rehabilitation division of the Department of Workforce Development being at the table. In our seven-page review of the plan we made clear that it was unsatisfactory. For instance, the report made this assertion that 92 percent of people with disabilities do not want to work. That was changed for statistics from the Kessler Foundation at our request. (1). There was no involvement of the disability community in the Council on Workforce Investment. Our protests of this did end with the head of the state unit being placed on the council however, there is no one with an actual disability sitting on the council. (2) We requested that DVR and the Department of Corrections develop a Memorandum of Understanding to work together to improve the vocational future of people with disabilities leaving incarceration. This was done.(3). Assistive technology was not included in the list of purchased services in the WIOA Combined Plan. Assistive technology was added to the list at our request. (4) This means people with disabilities looking for work will have an easier time having access to assistive technology. I. Non-Emergency Medical Transportation (1) 2 policy changes (2) There are 978,000 people potentially impacted by this change. Our work has resulted in the State changing the way it determines level of need allowing more people to be provided with van/sedan rides rather than public transportation. Our advocacy also resulted in changes to the way the state responds to complaints making it easier for people understand the outcome of their complaints.

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.

no class actions

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.

Priority 1-Least Restrictive Environment 1) Students with disabilities are not always served in the least restrictive environment in schools. 2) The need for advocacy arises from the following issues. Issues i. Cut in aides means more restrictive services ii. Lack of continuum results in more segregated placement iii. Younger children sent to segregated programs iv. Children being educated by themselves v. Segregated work placements for transition vi. State continues to fund segregated schools without accountability 3) Indicators of successful outcomes: Students will be served in the most integrated settings, get the supports they need, and not segregated because of their disabilities. 4) Collaboration; We work with other parent support groups including FACETS, Family Ties, and ARC to identify and support students to be served in the least restrictive environment. 5) Number of Cases; We handled 30 cases under this priority and no class actions, however we did file a class DPI complaint against a District that was refusing to provide one-on-one assistance resulting in students being served in more segregated settings. 6) Case Example: DRW represented a first grader who was repeatedly being restrained in a way that made him feel he was choking. DRW got the school to switch to a two -person restraint. The school then began secluding the student in a storage closet. DRW intervened and over several meeting got a behavior intervention plan in place, got the child switched to a different school and now he is able to participate with his peers, is not secluded and rarely restrained. Priority 2-Inadequate transition 1) Students with disabilities need good transition services to help them reach post-secondary education, competitive integrated employment, and independent living goals. 2) The need for advocacy arises from the following issues: i. One size fits all ii. No coordination of services iii. Early graduation without transition iv. Pipeline to workshops v. PTP not used with families vi. Low expectations vii. No transition at all viii. 800 subminimum wage licenses for kids under 18 in WI ix. Post-secondary goal not lined up with services x. No connection to adult services (DVR, FC) xi. 3) Indicators of successful outcomes. Students with disabilities will be able to graduate with regular diplomas, they will go on to competitive community employment of post-secondary education, and they will be connected to adult services. 4) Collaboration: PAIR staff worked with other staff on community transition trainings, and on updating and improving the PTP, and monitoring sheltered workshops. The bulk of the cases under this issue were handle through the PABSS grant. 5) Number of Cases: 3, no class actions 6) Case Example: PAIR staff represented a student in his senior year of high school who was suddenly told that classes he had taken would not count toward his graduation requirements despite assurances to the contrary the year before. PAIR staff got involved and helped develop an IEP that would let him graduate with a regular diploma and on time. Priority 3 -Employment Discrimination 1) People with disabilities continue to face discrimination in getting and keeping employment. 2) The need for advocacy arises due to the following issues: i. Failure to accommodate ii. FMLA issues — under attack from WMAC iii. Employers want broad releases 3) Indicators of Success; People with disabilities will get the reasonable accommodations they need so that they can keep their jobs. People with disabilities who have lost their jobs due to their disabilities will have their rights to be free from discrimination protected 4) Collaboration: PAIR staff work with PABSS staff and outside attorneys who are part of the Wisconsin Employment Lawyers Association (WELA) to ensure that people understand their rights to accommodations and that their rights are vindicated if they have been discriminated against. 5) Number of Cases: 26 cases, no class actions 6) Case Example: PAIR staff assisted a man with OCD negotiate accommodations with his employer. This was successful for a period of time but then both parties felt it was better for the client to move on. PAIR staff helped negotiate a severance agreement than included a generous pay out and health insurance for the client. Priority 4- Transportation 1) There is continued lack of adequate transportation services for people with disabilities. 2) The need for advocacy arises due to the following issues: i. Future of transportation is unclear under LTC redesign ii. Uber — pros & cons iii. DVR no longer buying cars iv. People cannot get to work v. Unevenness of providers 3) Indicators of success: People will be able to get the transportation they need for medical appointments or to get to work. Transportation will be accessible for people with disabilities. 4) Collaboration: PAIR worked with our SSI managed care team and with our Public Policy team, and the Non-Emergency Medical Transportation Advisory Committee. 5) Number of Cases: 21, No class actions 6) Case Example: DRW staff assisted a client who need special accommodations from her medical transportation provider. Initially those accommodations were at best sporadically provided but with DRW intervention she was able to secure permanent accommodations. Priority 5-Housing 1) There is a shortage of accessible, affordable housing for people with disabilities and people with disabilities face discrimination in housing. 2) The need for advocacy arises due to the following issues: i. Lack of accessible housing — including transitional housing ii. Emotional support/service animals iii. Failure to provide accommodations iv. Discrimination by landlords based on PWD — kids/people with MI v. NIMBY — peer run respites vi. Home modification concerns 3) Indicator of success: People with disabilities will be able to secure the reasonable accommodations they need. They will have access to accessible housing and be able to make necessary home modifications. People with disabilities will be able to live in whatever neighborhood they choose. 4) Collaboration: We routinely work with the Metropolitan Milwaukee Fair Housing Council and the Fair Housing Network to identify complaints and address them. 5) Number of Cases:14 cases, no class actions 6) Case Example: PAIR staff negotiated a financial settlement from a landlord for a client who was evicted due to disabilities of the child in the family and had filed a housing discrimination complaint. Priority 6-Deaf Access 1) There is a particular problem for people in the deaf community getting need effective communication from health care providers, courts, law enforcement, and other public accommodations. 2) The need for advocacy arises due to the following issues: i. Lack of interpreters generally (capacity) ii. Failure to provide effective communication — courts, lawyers, crisis, prisons/jails iii. Lack of understanding of rights 3) Indicators of Success; People who are deaf will have interpreters when needed whether it is in medical settings, schools, or at work. 4) Collaboration: PAIR staff has worked with the Wisconsin Association for the Deaf attending their meetings, providing trainings and accepting client referrals from them. 5) Number of Cases: 7, No class actions 6) Case Example: PAIR staff represented a woman who is deaf in a complaint she filed with the Department of Justice. The complaint was based on the Doctor’s failure to provide an interpreter at post-surgical office visit despite the prior request to do so. We participated in a mediation that resulted in a substantial financial settlement for the client.

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 1- Government discrimination 1) ADA violations and denial of service by government entities including corrections, courts and public transportation. 2) Need: There are significant problems with government entities failing to make accommodations and providing access for people with disabilities, especially in the area of corrections. In addition, there is inadequate public transportation for people with disabilities especially in rural areas. 3) DRW will pursue a DOJ complaint against the Kenosha County Jail. We will assist callers who complain about inaccessible facilities or lack of accessible services. We will continue our work supporting the GO Pass in Milwaukee County. We will support transportation issues in the upcoming state budget. We will continue our work with the NEMT advisory committee. Priority 2-Public Accommodation Discrimination 1) ADA violations and discrimination by Title III entities, places of public accommodations including failure to provide reasonable accommodations and effective communication. 2) People with disabilities continue to encounter access problems with public accommodations. Sometimes it is inaccessible entrances, sometimes it’s refusal to allow service animals, and sometimes it’s refusal to provided effective communication. Regardless of the specific people with disabilities are being denied equal access to services and benefits. 3) We will provide technical assistance and representation in some cases to individuals who are denied access. Priority 3 -Employment Discrimination 1) People with disabilities continue to face discrimination in getting and keeping employment. 2) The need for advocacy arises due to the following issues: i. Failure to reasonably accommodate ii. Discrimination against people with disabilities in terms and conditions of employment iii. Terminating people for issues related to their disability 3) We will provide technical assistance and representation in some cases to individuals who have been discriminated against. We will develop FAQ sheets. We will look for training opportunities. Priority 4- Housing 1) There is a shortage of accessible, affordable housing for people with disabilities and people with disabilities face discrimination in housing. 2) The need for advocacy arises due to the following issues: i. Lack of accessible housing — including transitional housing ii. Emotional support/service animals iii. Failure to provide accommodations iv. Discrimination by landlords based on PWD — kids/people with MI v. NIMBY — peer run respites vi. Home modification concerns 3) Activities to be carried out include: i. Provide Technical assistance ii. Provide Self-advocacy coaching iii. Work on cases with MMFHC iv. NIMBY — participate in community meeting

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 Federal (section 509): $292,301 State: $0 Program Income: $0 Private (Foundations): $0 All other funds: $0 Total (from all sources): $292,301 B. Budget for the fiscal year covered by this report Wages/salaries: $172,144 Fringe benefits: 57,992 Materials/supplies/Prof Fees: 13,117 Postage : 340 Communications/I.T.: 3,654 Rent: 17,184 Travel: 7,867 Copying: 750 Bonding/insurance: 1,436 Equipment (rental/purchase): 1,574 Legal services: 0 Indirect costs: 0 Miscellaneous: 16,243 Total budget: $292,301 C. Description of PAIR staff (duties and person-years) Position/FTE/% of Year/Person-years Professional: Full-time/140%/100%/1.50 Part-time/40%/100%/0.40 Vacant/0%/100%/0.00 Executive/Clerical: Full-time/45%/100%/0.45 Part-time/33%/100%/0.33 Vacant/0%/100%/0.00 Total: 2.68 person-years D. We do not have a PAIR advisory board. However, the Board of Directors for our agency holds listening sessions four times per year around the state which influences our priorities and objectives. E. No grievances were filed against PAIR staff or activities. F. We do have regular email contact with the Client Assistance Program and have a face to face meeting with them at least once per year. Our states long term care Medicaid waiver programs (Family Care and IRIS) have an ombudsmen program for people under 60 which is housed within Disability Rights Wisconsin. The Board on Aging and Long Term Care (BOALTC) represents people over 60 and is a separate agency. We coordinate with them through activities including joint meetings and trainings with our internal Family Care staff.

Certification

Signed?Yes
Signed ByMonica Murphy
TitleManaging Attorney
Signed Date12/22/2016