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

Alabama (UNIV OF ALABAMA ALABAMA - DISAB ADVOCACY PROGRAM) - H240A170001 - FY2017

General Information

Designated Agency Identification

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

Part I. Non-Case Services

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

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas109
2. Individuals receiving I&R outside PAIR priority areas106
3. Total individuals receiving I&R (lines A1 + A2)215

B. Training Activities

1. Number of trainings presented by PAIR staff18
2. Number of individuals who attended training (approximate)1,051

1) Name: UA Law Topics Covered: Olmstead litigation, other P&A cases, and Lane v. Kitzhaber case Training Methods: Lecture, Q&A, Training Publication Purpose of Training: To provide information to law students at a top 30 law school regarding mental health law generally, and to address related litigation done by the P&A. Number Trained: 15 2) Name: Congressional Delegation Topics Covered: Services offered by the P&A Training Methods: Q&A Purpose of Training: To inform Congressional homes offices of the services offered by the P&A to support the offices’ delivery of constituent services to persons with disabilities. Number Trained: 8 3) Name: Veteran’s Administration Legal Clinic Topics Covered: The P&A conducted four education/training/outreach activities to Veteran’s with disabilities about the services ADAP provides at a free legal clinic at the Veteran’s Administration Hospital. Training Methods: Q&A Purpose of Training: To effectively reach Veterans with disabilities who need legal advice and come to the free legal clinic. Number Trained: 21 4) Name: Alabama Mentor/Birmingham Family Training - "You don’t need a super-hero to handle special education problems: You’re a super-foster parent!" Topics Covered: Eligibility status, behavioral needs, academic needs, and transition services. Training Methods: Q&A Purpose of Training: To empower foster parents, under contract with the state’s child welfare agency, to handle basic special disputes involving eligibility, discipline, and transition concerns. Number Trained: 14 5) Name: Response to Intervention (RTI) Workshop Topics Covered: “Child Find”, IDEA, Section 504 and how eligible students will receive appropriate education supports in a timely fashion. Training Methods: PowerPoint, Q&A Purpose of Training: For the audience to understand how and where “Response to Invention” fits into “Child Find” obligations and procedures of the IDEA and Section 504. Number Trained: 28 6) Name: ADHD Conference Topics Covered: The rights of children with disabilities to special education services. Training Methods: Lecture, PowerPoint, Q&A Purpose of Training: To empower parents of children with ADHD to advocate for their children’s rights to appropriate school behavioral supports. Number Trained: 19 7) Name: Seraaj Family Homes Resource Webcast Topics Covered: A variety of advocacy projects and services to inform foster parents and foster providers of the legal services that are available to children in their care. Training Methods: Lecture Purpose of training: To provide foster parents with information on the services the P&A provides, how we provide those services, and how to contact the P&A for assistance. Number Trained: 50 8) Name: Alabama Department of Corrections (ADOC) Americans with Disabilities Act (ADA) Training Topics Covered: There were two different classes provided. In class one, ADA Coordinators for each of ADOC's 29 facilities attended and received a three-hour seminar on the contents of the Consent Decree, their duties as ADA Coordinators, and an overview of the ADA. The second training was for new recruits into the ADOC to become correctional officers. This training was provided one in person, but was videotaped and will be used for each subsequent class of new officers. Training topics included use of auxiliary aids, accommodations, changes in procedures to ensure ADA compliance. Training Methods: Lecture, PowerPoint, Q&A Purpose of training: To ensure that ADOC complies with its responsibilities under the ADA and under the Braggs v. Dunn Consent Decree. The terms of the Phase I Consent Decree are to provide training to ADOC officers and ADOC ADA Coordinators for four years. Number Trained: 500 9) Name: Legal Services of Alabama (LSA)— Birmingham, Mobile, and Montgomery Topics Covered: Three day-long presentations were provided to LSA on various disability rights advocacy issues. Within each training session, alternative decision-making models were presented, special education and the process of evaluation, what an IEP looks like, what happens in an IEP meeting, behavioral issues, and transition. Training Methods: Lecture, PowerPoint, Q&A Purpose of training: To provide attorneys and staff of LSA with the skills to deliver services to the people that qualify for their services and have disability issues. Number Trained: 53 10) Name: Alabama Partnership for Children Topics Covered: This training focused on such issues as "Child Find" (evaluation and eligibility procedures); empowering parents to better participate in their child's special education planning process; transition from Early Intervention (Part C) and the public school system (Part B) under the IDEA; access to related services, to support children's special education needs; and the obligation to support all of a child's disability-related needs, including emotional and behavioral concerns. Training Methods: PowerPoint presentation, Q&A Purpose of training: To empower care coordinators to support the learning needs of children with disabilities. Care coordinators and case managers associated with a statewide early learning initiative called "Smart Start" better understand a school's obligation to provide special education services to students with disabilities. Number Trained: 19 11) Name: Children’s of Alabama (COA) Mental Health & Education Workshop Topics Covered: Understanding and promoting positive mental health in the school setting. Training Methods: Panel Discussion Purpose of training: To educate providers about the civil rights of students with severe emotional disturbance. Number Trained: 80 12) Name: Special Education Community Alliance (SECA) Topics Covered: Evaluation, eligibility, behavioral supports, and transition planning. Training Methods: Q&A Purpose of training: Parents of students with disabilities will be empowered to advocate for their children’s needs. Number Trained: 19 13) Name: Chatom Guardianship Presentation Topics Covered: The P&A and the services offered, guardianship, alternatives to guardianship, and alternative decision making. Training Methods: Lecture Purpose of training: To empower individuals with disabilities to understand and self-advocate for their rights and to understand the differences in guardianships and the alternatives to having a guardian. Number Trained: 30 14) Name: Episcopal Place Outreach Topics Covered: Self-advocacy, health care reform, Medicaid managed care Training Methods: Lecture, Q&A, Training Publication Purpose of training: To help persons who reside at residential facilities for persons with disabilities to improve their self-advocacy skills, and to address various current policy issues. Number Trained: 25 15) Name: Self Determination Conference Topics Covered: guardianships and alternatives, including power of attorney, advanced directive, healthcare proxy, and alternative decision-making. Training Methods: Lecture Purpose of training: To provide information so parents will have information to make better informed choices regarding guardianship. Number Trained: 20 16) Name: Tuscaloosa REACTS Trauma Conference Topics Covered: What the P&A can do to provide legal assistance to those affected by trauma. Training Methods: Exhibit Purpose of training: To provide information to the audience on the impact of trauma on children. Number Trained: 50 17) Name: Veteran’s Outreach Flyer Topics Covered: Examples of services provided under PABSS, information and advice about obtaining vocational rehabilitation and employment services, and advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment. 18) Name: 2017 Disability Expo Topics Covered: The P&A provided informational materials to people with disabilities and their family members regarding the rights of people with disabilities and how the P&A can assist. Training Methods: Exhibit, Q&A Purpose of training: To increase the knowledge of consumers and other stakeholders about the function of the P&A and the services we offer. Number Trained: 100

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff6
2. Newspaper/magazine/journal articles76
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website15,796
5. Publications/booklets/brochures disseminated1,103
6. Other (specify separately)2,296

Narrative

Social Media - Facebook followers

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)35
2. Additional individuals served during the year26
3. Total individuals served (lines A1 + A2)61
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 21

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility9
2. Employment1
3. Program access5
4. Housing2
5. Government benefits/services7
6. Transportation2
7. Education21
8. Assistive technology0
9. Voting0
10. Health care11
11. Insurance1
12. Non-government services0
13. Privacy rights0
14. Access to records1
15. Abuse0
16. Neglect4
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor29
2. Other representation found0
3. Individual withdrew complaint2
4. Appeals unsuccessful1
5. PAIR Services not needed due to individual's death, relocation etc.5
6. PAIR withdrew from case2
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit4
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-advocacy18
2. Short-term assistance10
3. Investigation/monitoring0
4. Negotiation2
5. Mediation/alternative dispute resolution0
6. Administrative hearings1
7. Litigation (including class actions)12
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 2221
3. 23 - 5926
4. 60 - 647
5. 65 and over7

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females22
2. Males39

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race2
2. American Indian or Alaskan Native0
3. Asian1
4. Black or African American26
5. Native Hawaiian or Other Pacific Islander0
6. White32
7. Two or more races0
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent14
2. Parental or other family home29
3. Community residential home0
4. Foster care1
5. Nursing home3
6. Public institutional living arrangement0
7. Private institutional living arrangement1
8. Jail/prison/detention center13
9. Homeless0
10. Other living arrangements0
11. Living arrangements not known0

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment5
2. Deaf/hard of hearing3
3. Deaf-blind0
4. Orthopedic impairment15
5. Mental illness1
6. Substance abuse0
7. Mental retardation0
8. Learning disability7
9. Neurological impairment8
10. Respiratory impairment0
11. Heart/other circulatory impairment3
12. Muscular/skeletal impairment4
13. Speech impairment1
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability14

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities0

2. Number of individuals potentially impacted by policy changes0

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.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts26,000
2. Number of individuals named in class actions44

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.

The P&A filed a class action against the Alabama Department of Corrections (ADOC) on the basis of: 1) lack of adequate mental health treatment; 2)lack of physical and program access for inmates with disabilities; and 3) lack of adequate medical care for inmates with disabilities. Under the Phase II Americans with Disabilities Act (ADA) settlement, ADOC must provide mandatory life skills/adaptive behavior training for inmates identified with intellectual disability. Under the IVM settlement, ADOC must modify its procedures in involuntarily medicating inmates to comply with the 14th amendment as described in Washington v. Harper.

Part V. PAIR'S Priorities and Objectives

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

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

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

1. Identify and describe priority. Individuals with disabilities will be free from abuse and neglect and live in healthier, safer or otherwise improved facility or community settings. 2. Identify the need, issue or barrier addressed by this priority. The need for individuals with disabilities to be free from abuse and neglect and live in healthier, safer environments. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. a) The P&A will ensure the safety and well-being of individuals with disabilities residing in a facility or community setting by providing at least one individual advocacy service. b) Provide veterans with disabilities with advocacy services regarding relevant issues of concern including, but not limited to, housing, family law, financial entitlement, etc. c) The P&A will conduct four education/training activities for veterans with disabilities to understand their rights to community supports and services. d) The Alabama Department of Corrections (DOC) will comply with the Americans with Disabilities Act (ADA) and Constitutional standards for the provision of appropriate mental health treatment services and medical care for inmates with disabilities. e) The Alabama Department of Corrections (DOC) facilities will comply with the court-ordered settlement agreement reached in Dunn v. Dunn, concerning the ADA and Constitutional standards for physical access for adult inmates with disabilities. f) The P&A will monitor at least one facility and/or community setting, serving individuals with disabilities to ensure they are receiving appropriate treatment services and are free from abuse, neglect, and disability rights violations. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The P&A collaborated with: 1) The University of Alabama, School of Law, to start a legal clinic at the Veterans Administration in order to provide free legal services to Veterans. 2) Southern Poverty Law Center (SPLC) to serve as lead counsel in the Alabama Department of Corrections (ADOC) class action law suit. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Six individual case services, 25 information and referrals, and one class action case were handled under this priority. 6. Provide at least one case summary that demonstrates the impact of the priority. The P&A and co-counsel, the Southern Poverty Law Center (SPLC), sued, alleging the state prison system, the Department of Corrections (DOC) fails to comply with the Americans with Disabilities Act (ADA) on behalf of individuals with disabilities. The federal court approved a Consent Decree on ADA issues that requires DOC to implement a system-wide process to ensure compliance with physical and program components of the ADA for persons with a range of physical disabilities including hearing, vision and mobility impairments, among others. As part of the settlement, the P&A has begun training DOC staff throughout the state. In one class conducted by the P&A, ADA Coordinators for each of DOC's 29 facilities attended a three-hour seminar on the Consent Decree, their duties as ADA Coordinators, and an overview of the ADA. P&A staff led a separate training for new DOC correctional officers, which was videotaped for future use. Training topics included use of auxiliary aids, accommodations, and required changes in procedures to ensure ADA compliance. 1. Identify and describe priority. Individuals with disabilities will have access to appropriate and individualized community-based services that will enhance their ability to live independently. 2. Identify the need, issue or barrier addressed by this priority. The need for individuals with disabilities to have access to services that will enhance their ability to live independently. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. a) The P&A will provide five individual case services to individuals with disabilities in order to be able to live in less restrictive residential settings and/or have improved access to services to enable them to participate more fully in community life. b) Individuals eligible for Achieving a Better Life Experience (ABLE) accounts will be assisted in obtaining the benefits of these accounts. c) Individuals with disabilities will have their long-term service and support (LTSS) needs met under the state’s developing Integrated Care Networks (ICN). d) The P&A will conduct six education/training sessions for Medicaid-eligible individuals with disabilities to understand their rights and responsibilities under the state’s Medicaid program, including its developing Medicaid managed care program, long-term service and support (LTSS) program, waiver programs. e) Medicaid-eligible individuals with disabilities will have a meaningful role in the governing boards and citizen’s advisory committees of the state’s developing Medicaid managed care program focusing on consumer protections and service expansion for persons with disabilities. f) The P&A will provide input to state agencies overseeing Alabama’s Medicaid waivers regarding compliance with the Home and Community-Based Services (HCBS) regulations. g) The P&A will provide input to state policymakers regarding substantive compliance with the ABLE (Achieving a Better Life Experience) Act of 2014. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The P&A collaborated with the Alabama State Treasurer’s office and the Disabilities Leadership Coalition of Alabama to develop targeted outreach to stakeholders throughout Alabama regarding the launch of Alabama’s ABLE accounts pursuant to state and federal law. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Eight individual case services and 52 information and referral services were handled under this priority. 6. Provide at least one case summary that demonstrates the impact of the priority. At the request of the state Senate General Fund Budget Chair, the P&A consulted regarding a bill that would allow the release of prisoners under certain medical conditions. The bill would require the state Department of Corrections (DOC) to publish an annual list of inmates that have been in an infirmary or in a physician’s care for more than 30 days. From this list, DOC would evaluate each inmate’s eligibility for release. Eligibility for release includes meeting two conditions: 1) the inmate is unable to perform two basic life functions including breathing, toileting, eating, walking or bathing, and 2) the inmate has a limited mental or physical ability to the point where s/he does not pose any threat to the public. Terminally ill inmates also would be eligible for release, provided they do not pose a threat to the public. The bill passed. 1. Identify and describe priority. Persons with disabilities will have meaningful access to integrated employment and be paid at least minimum wage. 2. Identify the need, issue or barrier addressed by this priority. The need for individuals with disabilities to have access to meaningful employment. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. a) Provide five information, referral, and advice to individuals with disabilities about work incentives and employment. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. n/a 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Nine information and referral services were handled under this priority. 6. Provide at least one case summary that demonstrates the impact of the priority. The Alabama State Inter-agency Transition Team (SITT) is composed of representatives from state agencies and organizations providing services for youth and young adults with disabilities. The SITT’s purpose is to develop a better understanding of each agency/organization's role and responsibilities in service delivery to youth in transition and to seek and implement new and better ways of providing secondary special education and transition services. During FY17, the P&A assisted the Alabama Dept. of Education (ALSDE) to administer and compile the data for its NTACT Capacity Building Plan. (NTACT is the National Technical Assistance Center on Transition.) The P&A turned the plan survey into an online survey tool, distributed it, and compiled the data for the SITT’s review. The survey was distributed to all SITT members and the results were used to focus the SITT’s transition planning efforts for the coming year. 1. Identify and describe priority. With needed supports, individuals with disabilities will be able to make everyday decisions about their lives, including matters related to where they live, how their money is managed, and their healthcare. 2. Identify the need, issue or barrier addressed by this priority. The need to individuals with disabilities to make their own decisions about their lives. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. a) Individuals with disabilities who are subjected to unnecessary restrictions of rights and/or freedom of choices (e.g. guardianship/conservatorship) will have increased personal decision-making with supports as necessary. b) The P&A will conduct four education/training sessions to individuals with disabilities, their families, and providers to understand about how alternative decision-making and other tools can be used as alternatives to guardianships/conservatorships. c) Peer support systems for individuals with disabilities will be expanded. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. n/a 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Three individual case services and ten information and referral services were handled under this priority. 6. Provide at least one case summary that demonstrates the impact of the priority. The P&A conducted three presentations to Legal Services staff in different parts of the state regarding supported decision-making (SDM) as an alternative to substitute decision-making. The P&A explained the differences between supported and substitute decision-making models such as guardianship and addressed the growing trend of SDM in other forums. Generally, present models of decision-making in our state do not offer the level of participation and retention of rights that would be offered if a SDM model was more readily available. As a result, Legal Services staff is better informed about SDM. In addition, the P&A Director served/s on the state Steering Committee with the American Bar Association Commission on Law and Aging, the National Center for State Courts, and the state Supreme Court on the state’s demonstration grant to implement a “Working Interdisciplinary Networks of Guardianship Stakeholders” (WINGS) grant to address SDM and related policy initiatives and training. 1. Identify and describe priority. Youth with disabilities will be provided a free appropriate public education in their least restrictive environment to move them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. 2. Identify the need, issue or barrier addressed by this priority. The need for youth with disabilities to FAPE and transition skills upon graduation. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. a) The P&A will provide five individual case services to students with disabilities to have a free, appropriate public education (FAPE) in the least restrictive environment (LRE) with appropriate supports. b) Older students with disabilities will be provided appropriate transition planning and services. c) The P&A will conduct ten education/training activities to families and providers of students with disabilities in order to understand student rights to special education services (including issues related to eligibility, provision of FAPE, right to assistive technology, behavior and discipline, transition, etc.) and will be empowered with needed advocacy skills to secure those rights. d) Students with disabilities in public charter schools will have access to FAPE. e) Students with disabilities will be provided positive learning and behavioral supports that decrease referrals to the juvenile justice system by school systems. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. The P&A engaged nine parent advocacy groups in a coalition called “Disability Advocates for Alabama’s Public Schools” to address issues related to transition planning and services, proposed due process regulation changes, low expectations of students with disabilities, and the Every Student Succeeds ACT (ESSA) plans and acknowledgement of the needs of students with disabilities. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. Nine individual case services and 71 information and referral services were handled under this priority. 6. Provide at least one case summary that demonstrates the impact of the priority. Twelve-year old “Charlie” is an African-American youth who was getting in trouble in school and who was being proposed for an alternative school placement or expulsion. Charlie’s mother had made verbal requests in the past for him to be evaluated to see whether he was eligible for any special education supports but those requests had been denied. The P&A met with mother in its office to coach her in self-advocacy steps. During the disciplinary hearing where his school placement was being considered, Charlie’s mother, using the P&A’s parent special education manual for written support, explained why Charlie should be evaluated as it was possible that his behavior was likely a result of his disability. She provided a written request for evaluation and, at the same time, asked the school for her son’s records so the P&A could review them. Taken together, these self-advocacy steps appeared to persuade the school that it should evaluate Charlie in lieu of removing him from school. Charlie was eventually found eligible for services and, as a result, he started the new school year back in his home school with an appropriate IEP. His plan includes the support of a behavioral analyst who will be supporting him with a positive behavior support plan. Charlie’s mother was pleased not only with the outcome but her ability to make it happen.

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.

1. a statement of each priority; Individuals with disabilities will be free from abuse and neglect and live in healthier, safer or otherwise improved facility or community settings. 2. the need addressed by each priority; The need for individuals with disabilities to be free from abuse and neglect and live in healthier, safer environments. 3. a description of the activities to be carried out under each priority. a) The P&A will ensure the safety and well-being of individuals with disabilities residing in a facility or community setting by providing individual advocacy services. b) The Alabama Department Corrections (DOC) facilities will comply with the court-ordered settlement agreement reached in Dunn v. Dunn, concerning the ADA and Constitutional standards for physical and program access for adult inmates with disabilities. c) The P&A will conduct two education/training sessions to individuals so they will understand the rights that persons with disabilities have to community supports/services, to be free from abuse and neglect, and to live in healthier, safer facilities or community settings. 1. a statement of each priority; Individuals with disabilities will have access to appropriate and individualized community-based services that will enhance their ability to live independently. 2. the need addressed by each priority; The need for individuals with disabilities to have access to services that enhance their ability to live independently. 3. a description of the activities to be carried out under each priority. a) The P&A will provide five individual case services for individuals with disabilities to be able to live in less restrictive residential settings and/or have improved access to services to enable them to participate more fully in community life. b) Individuals with disabilities will have their long-term service and support (LTSS) needs met under the state’s Integrated Care Networks (ICN). c) The P&A will provide input to state agencies overseeing Alabama’s Medicaid waivers regarding compliance with HCBS Heightened Scrutiny regulations. d) Individuals will understand the rights that persons with disabilities have to live in less restrictive residential settings and/or have improved access to services to enable them to participate more fully in community life. e) The P&A will conduct two education/training sessions for veterans with disabilities so they will understand their rights to community supports and services. 1. a statement of each priority; Persons with disabilities will have meaningful access to integrated employment and be paid at least minimum wage. 2. the need addressed by each priority; The need for individuals with disabilities to have access to employment. 3. a description of the activities to be carried out under each priority. a) Individuals with disabilities will be employed in integrated environments at competitive wages and not be discriminated against because of their disability. 1. a statement of each priority; With needed supports, individuals with disabilities will be able to make everyday decisions about their lives, including matters related to where they live, how their money is managed, and their healthcare. 2. the need addressed by each priority; The need for individuals with disabilities to make decisions about their lives. 3. a description of the activities to be carried out under each priority. a) The P&A will provide three individual case services to individuals with disabilities, subjected to unnecessary restriction of rights and/or freedom of choices (e.g. guardianship/conservatorship), to have increased personal decision-making with supports as necessary. b) Peer support systems for individuals with disabilities will be expanded. c) The P&A will provide two education/training sessions to individuals with disabilities, their families, and service providers to understand about how alternative decision-making and other tools can be used as alternatives to guardianships/conservatorships. d) The P&A will provide technical support and resources at the national Self Advocates Becoming Empowered SABE conference. 1. a statement of each priority; Youth with disabilities will be provided a free appropriate public education in their least restrictive environment to move them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. 2. the need addressed by each priority; The need for youth with disabilities to be provided FAPE in LRE and transition services upon graduation. 3. a description of the activities to be carried out under each priority. a) The P&A will provide at least one individual case service to students with disabilities in schools or daycare centers to be protected against illegal disciplinary measures and the use of inadequate behavioral planning including the use of seclusion and restraint. b) The P&A will provide five individual case services to students with disabilities to be provided a free, appropriate public education (FAPE) in the least restrictive environment (LRE) with appropriate supports. c) Parents of students with disabilities will understand their rights to special education services and disability-related accommodations in public charter schools, virtual schools and private schools accessed through public scholarship money. d) Students with disabilities will be provided positive learning and behavioral supports that decrease referrals to the juvenile justice system by school systems. e) The P&A participates as a member of a state cross-agency team to develop an application to assist youth in developing transition plans they can use to self-advocate at transition IEP meetings. f) The P&A will conduct eight education/training sessions for families and providers of students with disabilities to understand student rights to special education services (including eligibility, provision of FAPE, right to assistive technology, behavior and discipline, transition, etc.) and to be empowered with needed advocacy skills to secure those rights.

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

Narrative Narrative A. Sources of funds received and expended Sources of Funding Amount Received Amount Spent Federal (section 509) 221,214 221,214 State 0 0 Program Income 27,568 16,958 Private 0 0 All other funds FY16 Carryover 40,779 40,779 Total (from all sources) 289,561 278,951 B. Budget for the fiscal year covered by this report Category Prior Fiscal Year Current Fiscal Year Wages/salaries 160,239 161,841 Fringe benefits (FICA, unemployment, etc.) 50,077 51,789 Materials/supplies 663 500 Postage 224 200 Telephone 1,911 2,500 Rent 0 0 Travel 4,058 5,000 Copying 0 200 Bonding/insurance 805 850 Equipment (rental/purchase) 0 0 Legal Services 0 0 Indirect Cost 58,717 63,217 Miscellaneous 2,257 2,500 Total Budget 278,951 288,597 C. Description of PAIR staff (duties and person-years) Type of Position FTE % of year filled Person-years Professional Full-time 2.03 84 2.4 Part-time Vacant .37 16 2.25 Clerical Full-time .73 92 .79 Part-time Vacant .06 8 .72 D. Involvement with advisory boards (if any) n/a E. Grievances filed under the grievance procedure The P&A has a written grievance procedure, which accompanies each of its closing letters to clients. This fiscal year, the P&A received three grievances. 1) Client requested assistance from the P&A regarding the termination of his Medicaid waiver services. After a review of the merits, the P&A declined to provide representation, determining it could not be successful in challenging the state’s decision to terminate services. The denial was upheld on review. 2) Client, a person with a vision impairment, requested assistance in overturning a plea agreement. The P&A declined representation as such actions are outside the scope of its mission/goals. The denial was upheld upon review. 3) Client, a prisoner in the state correctional system who has a muscular/skeletal impairment and mental health issues, requested the P&A’s help in securing orthopedic treatment. Given the present status of the class action lawsuit against the state correction system (reported on elsewhere in this report), the P&A referred the client to the P&A’s co-counsel in the case who are handling the medical treatment portion of the litigation. The denial was upheld upon review. F. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency. The P&A works closely with the Client Assistance Program (CAP), housed in the state Department of Rehabilitation Services (DRS), and the state Nursing Home Ombudsman Program, which serves as the state’s long-term care ombudsman program and is housed in the state Department of Senior Services (DSS). During this fiscal year, the P&A met with the new Director of the state DRS and with the Program and Planning Division Chief of the state DSS to coordinate referrals and address concerns about substantive issues. The P&A continues to monitor DSS to address how the Ombudsman program may be strengthened or expanded as the state’s long-term care services are reformed through the state’s emerging Integrated Care Network (ICN). The CAP and DSS use the P&A as a resource for case referrals and the P&A refers persons with disabilities to the CAP and Ombudsman as well. Clients who need employment services, especially services other than sheltered work, and do not feel their needs are being met are referred to the CAP. P&A clients who reside in nursing homes and seek community placement are referred to the P&A by the Ombudsman. In addition, the P&A serves on several state-wide committees with staff from the CAP and the Ombudsman.

Certification

Signed?Yes
Signed ByJames A. Tucker
TitleExecutive Director
Signed Date12/20/2017