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

Wisconsin (Disability Rights Wisconsin, Inc.) - H240A170050 - FY2017

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 areas220
2. Individuals receiving I&R outside PAIR priority areas552
3. Total individuals receiving I&R (lines A1 + A2)772

B. Training Activities

1. Number of trainings presented by PAIR staff63
2. Number of individuals who attended training (approximate)3,642

Name: Balance of State Homeless Programs Description: Training to homeless program providers on ADA, 504 and Fair Housing re: people with disabilities Purpose: Train providers on their obligations to accommodate people with disabilities Training Method: Classroom Instruction ********** Name: Care in the Community Description: We provided a training at the Children's Hospital of Wisconsin Care in the Community Conference and also provided a resource table. We trained parents and providers on the post-secondary transition plan and access to employment through DVR. Purpose: To educate parents and providers about how to build an effective transition plan including using DVR to provide support and resources to obtain employment. Training Method: Classroom Instruction ********** Name: Children Come First Presentation Description: Train participants on the seclusion and restraint in schools including the law, student and parents’ rights, possible changes to the law, and the parent perspective. Purpose: Train participants on the seclusion and restraint in schools including the law, student and parents’ rights, possible changes to the law, and the parent perspective. For families to have a good understanding of their rights in this area. Training Method: Classroom Instruction ********** Name: Children's Hospital Regional Center IEP Training Description: Training in IEP basics, review of PLOP, goals, services, supplementary aides, modification. Training on conflict resolution, mediation, due process. Purpose: The objective was to train CHW regional center staff on school issues. Training Method: Classroom Instruction ********** Name: Discipline, Suspension and Expulsion of student with disabilities Description: Provide training to mediation candidates on special ed and discipline Purpose: Train special ed mediators Training Method: Classroom Instruction ********** Name: Epilepsy Support Group Froedtert Description: Provide training to members of epilepsy support group regarding ADA and Fair Housing rights Purpose: Inform people with disabilities of their rights to be free from discrimination and have access to services Training Method: Classroom Instruction ********** Name: 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: Fair Housing and Accommodations Description: train tenants in senior housing on Fair Housing rights and accommodations Purpose: ensure folks know their rights to be free from harassment and their right to accommodations in housing Training Method: Classroom Instruction ********** Name: HALO training Description: Train homeless shelter on rights of people with disabilities under ADA, 504 and Fair Housing Act. Purpose: improve access and services to people with disabilities Training Method: Classroom Instruction ********** Name: Kenosha training on state budget and Medicaid changes Description: training for the disability community on state budget and Medicaid changes - Kenosha Purpose: training for the disability community on state budget and Medicaid changes Training Method: Classroom Instruction ********** Name: Mediation Training Description: I participated on a panel of advocates and school administrators to discuss how we work with families who are attending mediation. Purpose: To help new mediators under our services at DRW and how we assist parents to prepare for mediation. Training Method: Classroom Instruction ********** Name: Milwaukee ADRC Governing Board DRW Update Description: Provide update to ADRC governing board on transit (GO Pass), follow up with long term care residents, mental health services, and outreach initiative for children with disabilities Purpose: training and information for disability community and to inform their governance role for the ADRC Training Method: Classroom Instruction ********** Name: Milwaukee training for MJF on state budget and Medicaid changes Description: training for the Jewish community agencies and community members on state budget and Medicaid changes - Milwaukee Purpose: training for the Jewish community agencies and community members on state budget and Medicaid changes - Milwaukee Training Method: Classroom Instruction ********** Name: Milwaukee training on state budget and Medicaid changes Description: training for the disability community on state budget and Medicaid changes - Milwaukee Purpose: training for the disability community on state budget and Medicaid changes Training Method: Classroom Instruction ********** Name: Parents with Disabilities in the child welfare system Description: Training to attorneys working with the child welfare system to protect rights of parents with disabilities Purpose: educate and ensure awareness of rights of parents with disabilities and available supports Training Method: Classroom Instruction ********** Name: Report on Endrew F. Decision Description: Wrote article for State Bar publication on implications of Supreme Court Decision in Endrew F. Purpose: educate lawyers and general public about important supreme court decision regarding special educations Training Method: Individual Instruction ********** Name: Right Footed at UWM Description: showing of movie "Right Footed" with discussion panel Purpose: raise awareness about capabilities of people with physical disabilities Training Method: Classroom Instruction ********** Name: training on state budget and Medicaid changes Description: training for the disability community on state budget and Medicaid changes - West bend Purpose: training for the disability community on state budget and Medicaid changes Training Method: Classroom Instruction ********** Name: Transportation Summit Description: "Arrive Together: Building a 21st Century Transportation System for Wisconsin" Sponsored by Sierra Club, WISPIRG, 1000 Friends of Wisconsin, Wisconsin Green Muslims, WISDOM Who has access, who doesn’t and why? Join the conversation at the statewide trans Purpose: To inform policy makers, transportation providers, and advocates about transportation needs of people with disabilities, barriers, and rights, as well as options for accessing transportation such as Family Care and NEMT. Training Method: Classroom Instruction ********** Name: Update on Medicaid and ACA Description: This was part of a series of updates provided to the disability community on proposed changes to Medicaid and the ACA and the impact on people with disabilities Purpose: Educate disability community about the impact of proposed changes to Medicaid and ACA Training Method: Classroom Instruction ********** Name: Vision Forward Voter Training Description: Training on voting rights and new restrictions to visually impaired community Purpose: educate visually impaired community on voting rights Training Method: Classroom Instruction ********** Name: Voucher school experience Description: Presentation at national NDRN conference on Wisconsin experience with voucher schools and students with disabilities Purpose: educating national advocates on implications of voucher schools for student with disabilities Training Method: Classroom Instruction ********** Name: Children with Special Needs Committee Kenosha County Description: Committee oversight of Kenosha's children's county services. Purpose: No training, collaboration. Training Method: Classroom 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: Project EASSY- WRAP Families Meeting Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Employment First Action Team for Kenosha and Racine Counties Description: Work with other county agencies to try to increase the number of people with disabilities working in their communities. Purpose: To get more people with disabilities working in community jobs for minimum wage or higher. Training Method: Computer Based Training ********** Name: Latino Forum Description: All evening outreach and education project for Spanish speaking families and students. Purpose: Provide written and verbal outreach and education to Spanish speaking parents. Training Method: Individual Instruction ********** Name: Listening session re conditions in Milwaukee County Jail Description: DRW/ Milwaukee Mental Health Task Force sponsored this listening session at the Black Health Coalition: hear from people living with mental illness and their families who experienced abuse or neglect at the jail or HOC. In partnership with NAACP, LAS, ACL Purpose: this was a listening session - not a training Training Method: Individual Instruction ********** Name: Lutheran Social Services Refuge Outreach Description: Outreach to consortium of people working with refuge families Purpose: let people know what services DRW offers that may assist refuge families Training Method: Classroom Instruction ********** Name: MATC Resource Fair Description: Attended a resource fair for people attending MATC to provide information about our services. Purpose: Educate people with disabilities on their rights and the services we can provide. Training Method: Individual Instruction ********** Name: MPS Family Event Description: MPS held a family resource fair and Breakfast with santa for families of children receiving special education. Purpose: outreach Training Method: Mentoring ********** Name: MPS Family Forum Description: MPS held a family resource fair and Breakfast with santa for families of children receiving special education. Purpose: outreach Training Method: Mentoring ********** Name: MPS Health Fairs- Northside 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: MPS Health Fairs- Southside 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: Project EASSY- Color of Child Welfare Conference Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Heal in the Hood Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Heal in the Hood Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Homer Blow B-day Party Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Juneteeth Day Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Milwaukee County Resource Fair Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Penfield Children's Center Outreach Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Penfield Children's Center Outreach Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- Penfield Children's Center Outreach Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY- WRAP Families Meeting Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: ADRC Governing Board Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: BPDD & Waisman partner meeting Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Meeting w/ Family Voices Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Meeting w/ Waisman Center Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Milwaukee Disability Services Project Launch Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Aurora Healthcare Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY:BPPD 2017 Milwaukee Community Conversation Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY:COA Family Fun Night Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY:COA staff meeting Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY:DHHS Hector Colon Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY:DHHS Milwaukee Mental Health Task Force Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Milw County Office on African American Affairs Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Milwaukee Healthcare Partnership Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Milwaukee NAACP Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Parklawn Assembly Church Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: Secretary Anderson meeting Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Project EASSY: WRAP staff & BHD Youth Services Description: DRW’s Project EASSY is working to ensure that more Milwaukee children of color with special needs, and their families, are connected to the programs that can help them reach their full potential. These include Birth to 3, the Childrens’ Long Term Support Purpose: To provide training and resources regarding Milwaukee County services for children with disabilities. Training Method: Individual Instruction ********** Name: Racine County Transition Fair Description: Transition Fair for students with disabilities in Racine County on local agencies. Purpose: Provide materials on DRW priorities and objectives. Training Method: Computer Based Training ********** Name: WNOV radio re ACA repeal and Medicaid cuts Description: Interview with WNOV, Milwaukee African American radio to educate about impact of ACA repeal and proposed changes to Medicaid on children and adults with disabilities Purpose: educate about impact of ACA repeal and proposed changes to Medicaid on children and adults with disabilities Training Method: Individual Instruction **********

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff3
2. Newspaper/magazine/journal articles44
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website116,657
5. Publications/booklets/brochures disseminated5,875
6. Other (specify separately)0

Narrative

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)42
2. Additional individuals served during the year95
3. Total individuals served (lines A1 + A2)137
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 75

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility4
2. Employment33
3. Program access3
4. Housing22
5. Government benefits/services10
6. Transportation17
7. Education15
8. Assistive technology4
9. Voting0
10. Health care20
11. Insurance0
12. Non-government services2
13. Privacy rights0
14. Access to records1
15. Abuse3
16. Neglect3
17. Other9

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor46
2. Other representation found3
3. Individual withdrew complaint5
4. Appeals unsuccessful5
5. PAIR Services not needed due to individual's death, relocation etc.4
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources3
8. Individual case lacks legal merit3
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-advocacy10
2. Short-term assistance21
3. Investigation/monitoring12
4. Negotiation21
5. Mediation/alternative dispute resolution3
6. Administrative hearings2
7. Litigation (including class actions)0
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 - 2218
3. 23 - 5995
4. 60 - 6413
5. 65 and over11

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females60
2. Males77

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race7
2. American Indian or Alaskan Native2
3. Asian2
4. Black or African American33
5. Native Hawaiian or Other Pacific Islander0
6. White81
7. Two or more races6
8. Race/ethnicity unknown6

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent77
2. Parental or other family home20
3. Community residential home2
4. Foster care0
5. Nursing home6
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center31
9. Homeless1
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 impairment7
2. Deaf/hard of hearing14
3. Deaf-blind1
4. Orthopedic impairment56
5. Mental illness13
6. Substance abuse0
7. Mental retardation4
8. Learning disability6
9. Neurological impairment17
10. Respiratory impairment6
11. Heart/other circulatory impairment3
12. Muscular/skeletal impairment8
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury2
16. Other disability0

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities9

2. Number of individuals potentially impacted by policy changes1,766,000

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.

-Children’s Long-Term Support Services Waiver (CLTS) 1) The Department of Health Services planned changes to the Children's Long-Term Service Waiver. DRW provided comments on the proposed changes and the Department agreed not to implement them at least for the next year. DHS has planned on removing certain services including Durable Medical Equipment and assistive technology from waiver coverage. That would have required children seeking these services to have to use the prior authorization process and try to obtain them through EPSDT. Our EPSDT program is not very robust or well understood and it was feared that children would not receive needed services. There are approximately 8000 children in the CLTS program or on waiting lists according to the state. Currently under counseling and therapeutic resources a child could get speech therapy and related equipment that had been denied by Medicaid under the regular medical necessity standard applicable to all participants regardless of age if this change is implementing the child could not get those services. 2) Wisconsin required a disability determination for participation in CLTS. Many Milwaukee African American children access Medicaid through BadgerCare so their child does not have a disability determination. When families considered applying for CLTS, they were told a disability determination was required, and the county did not provide assistance with this process, which discouraged families from applying. Families with a higher income access Medicaid through Katie Beckett which provides assistance with the Disability Determination process. The requirement was especially concerning because counties that participated in Compass Threshold did not have this requirement. DRW had raised concerns about the Disability Determination requirement with the state and effective July 1st, it is no longer required. There are approximately 8000 children in the CLTS program or on waiting lists according to the state. In September 2017 there were 412,000 children in the BadgerCare program. Now a child who is eligible for Medicaid under BadgerCare and who has not had a disability determination can qualify for CLTS without having to go through the time and paperwork of getting a disability determination. 3) Milwaukee County Disability Services division which runs the CLTS program at the local level imposed requirements on families before they would process applications for the program that were not required by the state. At DRW’s insistence the County eliminated the policies that required a) proof of residency; b) birth certificates; and c) compilation of numerous documents before people were allowed to apply. Milwaukee County has dramatically disproportionately fewer enrollees than other counties at least in part because of these policies. There may be as many as 5000-9000 children in Milwaukee County eligible for the program -Go-Pass Program Milwaukee County had offered a free pass for bus transportation for people with disabilities. In the summer of 2017, the County Executive proposed to eliminate the program. Thanks to advocacy from DRW, the program was not eliminated entirely but remains available to people who receive SSI and SSDI. In an effort to make sure people who would be eligible for the program but had not applied for these benefits could access Go-Pass, DRW got the County to create a position for a benefits specialist to apply for SSI and SSDI benefits so that the person might in turn be eligible for the transportation pass. There are 16,000 riders eligible for the program. -Wisconsin Fair Employment Law The Governor’s budget proposed two major changes to Wisconsin’s Fair Employment Law. The changes included a) eliminating the Labor and Industry Review Commission which handles appeals of administrative fair hearing decisions and b) allowing employers to make offers of settlement in discrimination cases that would have required employees to accept the offer or risk paying both the employer’s attorney and their own. DRW was a leader in fighting these changes that would have made it hard for an individual with a disability to pursue employment discrimination claims and put them at risk of significant financial liability. The proposed changes were eliminated. There are 341,000 working age adults with disabilities in Wisconsin. -Non-Emergency Medical Transportation The member no-show policy states that if a person is a no-show for an MTM arranged ride 3 times in about a 3-month period, the consequence is the member has to call MTM 48 to 24 hours before the ride pick up time to confirm they will keep their appointment. We had two members miss dialysis appointments because of this policy and requested certain people not have to be subjected to this consequence. Because of DRW advocacy the member no-show policy was changed so that it won’t be applied to people on dialysis, chemotherapy or radiation. MTM talked to the state and the state agreed they could change this policy to exclude members on dialysis, chemotherapy or radiation treatments. There are approximately 980,000 people eligible for NEMT rides.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts65,000
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.

DRW brought a case on behalf of a woman who was denied services under a HCBS waiver because when she used her adaptive equipment she did not pass the functional screen for needing the services. DRW litigated the matter and settled the case when the state agreed that the long term care functional screen will treat reliance on adaptive equipment as being equivalent to a finding that a person needs assistance with those (and other) ADL's. This screen is used for all HCBS Waiver participants so this resolution could impact any of the 65000 participants.

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: Combating government and public entity discrimination 1. DRW will work to eliminate unfair treatment by public entities including schools, transportation, correction facilities, government programs and benefits. 2. People with disabilities face barriers to adequate transportation especially paratransit and medical transportation. Children in schools are denied their civil rights under IDEA to be free from abuse and neglect, to be provided FAPE, and to be served in the least restrictive environment. People with disabilities in government programs including corrections and benefits programs are denied appropriate access and accommodations. 3. Successful outcomes under this priority include access to needed transportation services, children in schools being free from restraint and seclusion and getting appropriate services in the least restrictive environment, and people accessing government programs and benefits with appropriate accommodations and without discrimination. 4. PAIR staff work with other advocacy programs to ensure adequate transportation including the SSI Managed Care Ombudsman, the Independent Living Centers, and grassroots transportation organizations to advocate for appropriated transportation policies. PAIR staff work with other P&A programs, the ARC Wisconsin, Family Ties, FACETS, Alianza, and the Board for People with Developmental Disabilities as well as the State Department of Public Instruction to insure IDEA rights are enforced and to reduce the use of seclusion and restraint in schools. A group of these partners is working with the State and the Legislature to improve the restraint and seclusion law. We work with various disability groups and grassroots organizations to ensure access to benefits. We work with the Wisconsin Association for the Deaf on interpreter issues. 5. We handled 79 cases under this priority in FY 17. None of these cases were class actions. 6. a) One client we assisted was facing a reduction in his government benefits under his long-term care that would have reduced his personal care services and ultimately put him in a nursing home. With DRW assistance he was able to receive a fully favorable decision and get all the personal care hours he needed. b) DRW advocated for a first grader who was being restrained (put in a choke hold) at school and repeatedly sent home or put out of the classroom. DRW staff advocated for appropriate services for him over 8 IEP meetings. He was moved to a new school with appropriate supports in the general education classroom and is no longer being restrained, secluded or suspended. Priority: Public Accommodation Discrimination 1. DRW will work to assist people with disabilities who are denied accommodations, effective communication, or access to public accommodations. 2. Often times people with disabilities, especially those who are deaf, are denied effective communication and not provided with ASL interpreters. Others are denied access because they have a service animal accompanying them. Others need assistance getting appropriate accommodations from medical providers or other services. 3. Successful outcomes would be for people who need them to get ASL interpreters to assist with communication, people who need accommodations or modifications to access services would get them, and people would be allowed to take their service animals where they need to go. 4. DRW has worked with the Wisconsin Association for the Deaf on some of the interpreter issues. 5. DRW handled 14 cases under this priority, none of which were class actions. 6. DRW worked with a veteran who was not allowed to take his service dogs to a hotel. We brought the problem to the attention of the hotel owner who owns several hotels. He agreed to train staff on ADA and service animal rights, put up a service animals welcome sign at all his hotels and gave the veteran a voucher for two nights free stay at the hotels. Priority: Employment Discrimination 1. DRW will work to ensure equal access to competitive employment for people with disabilities and to make sure employers provide reasonable accommodations and refrain from discriminating against people with disabilities. 2. Often times people with disabilities are denied the reasonable accommodations they need to be successful on the job and they are terminated from their employment or treated less favorably than their non-disabled co-workers. 3. Successful outcomes are when people get the accommodations they need or are compensated for their job losses. 4. The majority of our work under this priority is individual case representation but we do work on systemic issues with the Wisconsin Employment Lawyers Association and various groups promoting employment first initiatives including The Arc Wisconsin, APSE, and BPDD to protect anti-discrimination laws and to advocate for policies that promote the employment of people with disabilities. 5. We handled 30 cases under this priority. There were no class actions. 6. We negotiated a six-figure settlement on behalf of a woman with Asperger’s syndrome and anxiety disorder who had not been accommodated and who had been mistreated by her supervisor because of her disability. Priority: Housing Discrimination 1. DRW will work to combat housing discrimination including the denial of housing, the denial of accommodations and the problems of NIMBYism. 2. People with disabilities are often denied reasonable modifications and reasonable accommodations including service animals and emotional support animals in housing. This makes equal enjoyment of housing out of reach for people with disabilities. We also see issues with neighbors objecting to locating of group homes or adult family homes for people with disabilities in their neighborhoods. 3. Successful outcomes are when people are allowed to keep their service dogs or emotional support animals without conflict with the landlord and without being charged extra fees. In addition, successful outcomes include people being allowed to make reasonable modifications so they can stay in their homes or access their apartments. 4. We are doing most of our housing cases in conjunction with the Metropolitan Milwaukee Fair Housing Council with whom we have a work sharing agreement. We do the negotiations and the legal representation and they usually do the initial investigation. 5. In FY15 we handled 22 cases under this priority. We did not do any class actions. 6. DRW assisted a woman who due to her mobility impairment needed an assigned parking space close to the entrance. Initially the property manager refused saying all the spaces were taken but upon DRW intervention the property manager provided the requested accommodation.

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. Priority 1. End Abuse and Neglect of people with disabilities. 2. Need: Too many children are physically restrained and placed in seclusion at school and their parents are not provided with sufficient information about what happened. 3. Activities: a) Change seclusion and restraint law through our public policy work and in collaboration with our partners to provide greater protections including accountability by DPI and increased parental notifications b) Provide individual advocacy on behalf of children and assist with filing DPI complaints 1. Priority 2. Combat Disability Discrimination by Government entities and Places of Public Accommodation. 2. Need: People with disabilities are being denied reasonable accommodations, effective communication, and face access limitations from public entities and places of public accommodation 3. Activities: a) Focus on accessibility in health care and mental health care including the provision of sign language interpreters through: -providing individual advocacy - providing training and outreach upon request b) Improve technical assistance about service and emotional support animals through compiling technical assistance packets to share with interested persons c) In correctional facilities focus on access to programs where disability is a barrier through individual advocacy and continue to pursue DOJ complaint against Kenosha County. d) Participate in Bike and Pedestrian Taskforce in Milwaukee through Bi-monthly meetings and pursue complaint regarding lack of adaptive bikes in bike share program. 1. Priority 3. Combat Disability Discrimination in Employment 2. Need: People with disabilities continue to face discrimination in the workplace and have a much lower employment rate than their non-disabled counterparts. 3. Activities: a) Support people to identify and ask for reasonable accommodations through providing technical assistance and creating templates for letters b) Fight employment discrimination due to discharge or denial of accommodations through individual advocacy. c) file amicus in state supreme court case Wisconsin Bell v. LIRC and Carlson 1. Priority 4. Combat Housing discrimination 2. Need: People with disabilities continue to experience housing discrimination and are denied reasonable accommodations and reasonable modifications. 3. Activities: a) Support people experiencing housing discrimination due to denial of accommodations including but not limited to: service animals, emotional support animals, terms of lease, and people seeking physical modifications of premises, people denied housing because of disability through providing technical assistance and negotiation. b) Through work-sharing agreement with Metropolitan Milwaukee Fair Housing Council, support people filing HUD complaints. 1. Priority 5. Promote Community integration 2. Need: Students with disabilities need transition services to move on to post-secondary education and competitive community employment. 3. Activities: a) Ensure implementation of WIOA through - Stakeholder meetings - Monitoring public policy - Individual advocacy b) Provide Students and parents with knowledge of the PTP through training and outreach. c) Ensure that Students receive referrals to DVR through training and outreach and the provision of technical assistance. d) Ensure that Students will not be exited from school until they receive appropriate transition service through - Individual advocacy - Technical assistance 1. Priority 6. Ensure students with disabilities receive FAPE in the Least Restrictive Environment 2. Need: Student with disabilities continue to be repeatedly removed from schools through suspension and expulsion, shortened school days, and alternative placements. 3. Activities: a) Reduce de facto suspensions and suspensions over 10 days through - Individual advocacy - Technical assistance b) Reduce the use of shortened days through - individual advocacy - technical assistance c) Reduce the use of segregated and alternative placements, and promote LRE through - individual advocacy - technical assistance 1. Priority 7. Ensure people with disabilities will have access to adequate and accessible transportation. 2. Need: People with disabilities need public transportation to get to work, medical appointments, and other community places. There is a shortage of accessible transportation. 3. Activities: We will provide systemic advocacy and provide technical assistance to those seeking to utilize and expand transportation for people with disabilities. 1. Priority 8. Ensure People with Disabilities have access to needed benefits. 2. People with disabilities need full access to Medicaid programs, benefits, and services. 3. Activities: a) Educate Federal legislative delegation through Public Policy advocacy. b) Ensure that state policy makers operate Medicaid Programs in ways that serve people with disabilities properly through Public Policy advocacy c) Ensure that children have access to the CLTS waiver and EPSDT services through - Individual advocacy - Public Policy advocacy

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 Amount Received & Expended Federal (section 509): $294,882 State: 0 Program Income: 3,000 Private (Foundations): 0 All other funds: 0 Total (from all sources): $297,882 B. Budget for the fiscal year covered by the report: Category Budget Fiscal Year - 17 Wages/salaries: $164,925 Fringe benefits: 65,970 Materials/supplies/Prof Fees: 12,486 Postage: 318 Communications/I.T.: 3,654 Rent : 17,177 Travel: 6,122 Copying: 359 Bonding/insurance: 1,436 Equipment (rental/purchase): 905 Legal services: 0 Indirect costs: 24,530 Miscellaneous: 0 Total budget: $297,882 C. Description of PAIR staff (FY 2017) Position / FTE / % of Yr / 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 Person-years: 2.68 D. We do not have a PAIR Advisory Board. Our Agency Board does however conduct at least four listening sessions per year around the state and gets input from the community that influences our priorities. E. Two grievances were filed under the PAIR program in FY17. F. The CAP is not housed in our agency but we do have regular contact with CAP staff and we share information about the Division of Vocational Rehabilitation and employment programs. Our agency also houses our Family Care and IRIS Ombudsman Program for our state's long term care program. We assist people under 60 in this program and people over 60 are served by the Board on Aging and Long Term Care (BOALTC). Because of this connection we collaborate with BOALTC on policy and advocacy initiatives.

Certification

Signed?Yes
Signed ByMonica Murphy
TitleManaging Attorney
Signed Date12/19/2017