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

Alabama (UNIV OF ALABAMA ALABAMA - DISAB ADVOCACY PROGRAM) - H240A180001 - FY2018

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 areas74
2. Individuals receiving I&R outside PAIR priority areas125
3. Total individuals receiving I&R (lines A1 + A2)199

B. Training Activities

1. Number of trainings presented by PAIR staff31
2. Number of individuals who attended training (approximate)1,471

1. Name: Hope & Cope Conference / Children’s of Alabama Topics Covered: The P&A educated families of children who have blood disorders and cancer (or who are in remission) on special education rights and advocacy under Section 504 and the Individuals with Disabilities Education Act (IDEA). Training Methods: Q&A, PowerPoint, Lecture Purpose: To empower parents of children with cancer to ensure their disability-related needs are met in school settings. Number Trained: 50 2. Name: National Inclusive Schools Week Topics Covered: The P&A, along with a consortium of stakeholder groups, sought and received a gubernatorial proclamation identifying Inclusive Schools Week, participated in the signing ceremony, and engaged in outreach regarding same. Training Methods: Exhibit Purpose: To enhance awareness of the importance of inclusion for students with disabilities. Number Trained: 100 3. Name: 2018 ADHD Conference Topics Covered: The P&A presented at the 2018 Annual ADHD Conference on rights and advocacy related to students with ADHD. Training Methods: PowerPoint, Lecture, Purpose: To empower parents of children with ADHD so they understand their children’s right to appropriate school behavioral supports and be able to advocate for their children’s school needs and supports stemming from ADHD. Number Trained: 47 4. Name: 2018 Alabama State Bar (ASB) Annual Convention Topics Covered: The P&A and Alabama WINGS delivered a presentation on guardianship alternatives and supported decision making to attorneys attending the ASB Annual Conference. Training Methods: PowerPoint, Q&A, Lecture Purpose: To provide Alabama attorneys with training and information on alternatives to guardianships and supported decision making. Number Trained: 10 5. Name: ADOC ADA Coordinator Training Topics Covered: Under the terms of the Phase 1 Consent Decree in Dunn v. Dunn, the P&A is to provide training to Alabama Department of Corrections (ADOC) ADA Coordinators for a period of four years. Training consists of the contents of the Consent Decree, the duties of an ADA Coordinator, and an overview of the ADA, and was provided to ADA Coordinators for each of ADOC’s 29 facilities. Training Methods: Q&A, PowerPoint, Lecture Purpose: To ensure that ADOC complies with its responsibilities under the ADA and under the Consent Decree in Dunn v. Dunn Number Trained: 26 6. Name: ADOC ADA Officer Training Topics Covered: Under the terms of the Phase 1 Consent Decree in Dunn v. Dunn, the P&A is to provide training to Alabama Department of Corrections (ADOC) ADA Officers for a period of four years. Training consists of the contents of the Consent Decree, the duties of an ADA Officer, and an overview of the ADA, and was provided to ADA Officers. Training Methods: Q&A, PowerPoint, Lecture Purpose: To ensure that ADOC complies with its responsibilities under the ADA and under the Consent Decree in Dunn v. Dunn Number Trained: 12 7. Name: AIDB Shoals ADA/504 Presentation Topics Covered: The rights of persons with disabilities under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Training Methods: Lecture Purpose: To educate and empower consumers at the Alabama Institute for the Deaf and Blind (AIDB) about their rights. Number Trained: 10 8. Name: AL-APSE Conference Topics Covered: Provided information on the use of the Transition App (Engage Alabama) to groups including consumers, parents, and providers. Training Methods: Q&A, Panel Discussion, PowerPoint Purpose: To provide more people with access to transition services and self-advocacy by showing them the new Transition App (Engage Alabama) and how to use it. Number Trained: 40 9. Name: Alabama Council for the Blind Topics Covered: Accessible public transportation and sidewalks in urban communities. Training Methods: Lecture Purpose: To discuss advocacy issues of importance to blind and visually impaired individuals Number Trained: 60 10. Name: Alabama State University Topics Covered: The P&A provided Continuing Education credits after a session on Practical Ways to Advocate for Children eligible for 504 or IDEA services. Training Methods: Q&A, training publication, PowerPoint Purpose: To equip social work students with knowledge to advocate for special education services for their future child client’s by describing referral, evaluation, eligibility, and IEP writing processes. Number Trained: 18 11. Name: 2018 Arc disAbility Conference Topics Covered: The integration mandate policies and practices of the American’s with Disabilities Act (ADA). Training Methods: Q&A, Lecture, Training Publication Purpose: To address and facilitate a discussion with Accessible Alabama staff at the conference about supporting community integration of people with disabilities. The P&A was a co-presenter along with a recipient of a DD Council grant, regarding the Accessible Alabama Community Readiness Assessment. Number Trained: 220 12. Name: Birmingham VA Topics Covered: The Birmingham Volunteer Lawyer and the efforts of the P&A to assist veterans with disabilities. Training Methods: Exhibit Purpose: To provide outreach to veterans who are in need of legal information at no cost. Number Trained: 5 13. Name: Juvenile Practice Topics Covered: The obligations of Department of Human Resources (DHR) to parents with disabilities in termination of parental rights proceedings, the applicability of federal disabilities laws in termination proceedings, and strategies to vigorously advocate on behalf of parents with disabilities. Training Methods: PowerPoint, Lecture Purpose: To educate practitioners about the obligations of DHR to parents with disabilities in dependency proceedings. Number Trained: 50 14. Name: Tuscaloosa VA Booth Topics Covered: Spoke to veterans about the Mental Health and Substance Abuse programs of the Tuscaloosa VA and the efforts of the P&A to assist veterans with disabilities. Training Methods: Exhibit Purpose: To provide outreach to veterans who are in need of legal information at no cost. Number Trained: 25 15. Name: Tuscaloosa VA Law Clinic Topics Covered: The efforts of the P&A to assist veterans with disabilities with legal services Training Methods: Exhibit Purpose: To provide outreach to veterans who are in need of legal information at no cost. Number Trained: 35 16. Name: Tuskegee VA Topics Covered: The efforts of the P&A towards veterans who need free legal information Training Methods: Exhibit Purpose: To provide outreach to veterans who are in need of legal information at no cost. Number Trained: 50 17. Name: Veterans Diversity Event Topics Covered: The P&A attended the Veterans Diversity Event in order to reach veterans of all sexual orientation, races, and nationalities in the Tuscaloosa and surrounding areas. Training Methods: Exhibit Purpose: To provide information to veterans with disabilities about the services of the P&A Number Trained: 75 18. Name: Stand Down for Homelessness Huntsville Topics Covered: The efforts of the P&A to the veteran community Training Methods: Exhibit Purpose: To reach homeless veterans in the Huntsville and surrounding areas. Number Trained: 150 19. Name: Stand Down for Homelessness Tuscaloosa Topics Covered: The efforts of the P&A to the veteran community Training Methods: Exhibit Purpose: To reach homeless veterans in the Tuscaloosa and surrounding areas. Number Trained: 100 20. Name: Veterans Treatment Court Topics Covered: Provide outreach information to judges at the Treatment Court in Huntsville about the P&A’s efforts towards serving veterans with disabilities. Training Methods: Training publications Purpose: To promote the efforts of the P&A to provide services to veterans with disabilities Number Trained: 25 21. Name: Wills for Hero’s Topics Covered: To provide legal information about wills to first responders who are also veterans Training Methods: Exhibit Purpose: To serve any first responders who are also veterans by executing a will, if needed Number Trained: 2 22. Name: Hematology/Oncology Conference Topics Covered: Workshop sponsored by Children's Hospital of Alabama that focused on supporting the learning needs of children with cancer and with blood disorders. The P&A’s training focused on eligibility for special education services, securing appropriate accommodations, including assistive technology, especially as related to common executive functioning deficits among these students, and advocacy strategies for parents. Training Methods: Lecture, PowerPoint, Q&A Purpose: To empower parents of children with blood disorders to ensure their disability-related needs are met in school settings. Number Trained: 25 23. Name: Law School Clinic Topics Covered: A select number of law students are trained within the clinic each semester to provide advocacy for families of children with disabilities. Training Methods: Q&A, lecture Purpose: To train law students to deliver services to children with disabilities Number Trained: 11 24. Name: Legal Services of Alabama Topics Covered: The P&A joined a panel with the Southern Poverty Law Center’s (SPLC) Legal Director and federal judges to address federal practice and various issues related to practicing in federal court. Training Methods: Panel Discussion Purpose: To talk with legal services attorneys about federal practice, i.e., understanding the rules, scheduling issues, practice and various other issues related to practicing in federal court. Number Trained: 56 25. Name: Legal Services Educational Committee Topics Covered: Training for the Educational Committee of Legal Services of Alabama to simulate Individual Education Plan (IEP) meetings and various problems that may come up. Training Methods: Q&A Purpose: Give attorneys a feeling of how an IEP meeting goes, the types of things to look for and the things to ask for. Number Trained: 25 26. Name: National Center on Health, Physical Activity and Disability Training (NCHPAD) Topics Covered: Special education training for physical education teachers Training Methods: Q&A Purpose: To ensure equal access to physical education programming for students with disabilities by educating teachers about their responsibilities to provide equal access to their students with disabilities. Number Trained: 55 27. Name: South Highland Presbyterian Church Topics Covered: Trained individuals with mental health and other disabilities about employment supports, work incentives, the role of ADRS — Vocational Rehab, assistive technology, and touched on employment discrimination and the ADA. Discussed how PABSS could assist in finding housing when lack of housing was a barrier to employment. Training Methods: PowerPoint, Lecture Purpose: To educate individuals about the P&A, vocational rehabilitation, assistive technology, employment supports, and work incentives. Number Trained: 25 28. Name: Disability Studies Course Auburn University Topics Covered: Educate Graduate Students at Auburn University who are preparing to become service providers about the history of community integration in the US and the role of service providers in same. Training Methods: Q&A, Lecture Purpose: To inform graduate students about their role in becoming service providers Number Trained: 30 29. Name: Indian Springs School Topics Covered: The P&A’s class action prison case that addresses ADA and mental health claims Training Methods: Lecture, Q&A Purpose: To educate high school students generally about the civil rights of person with disabilities, and particularly about the P&A’s prison case, Dunn v. Dunn. Number Trained: 9 30. Name: SABE Conference Topics Covered: The P&A co-sponsored the annual national SABE Conference and provided technical assistance to attendees on social security benefits, vocational rehabilitation, employment, work incentives, transition, self-advocacy, assistive technology, and voting. Training Methods: Panel Discussion, Q&A Purpose: To educate and provide technical assistance to individuals with disabilities Number Trained: 100 31. Name: Veterans Training Topics Covered: Trained homeless veterans with disabilities and ministry volunteers about the P&A’s outreach efforts to veterans with disabilities and the services the P&A provides. Training Methods: Lecture, Q&A Purpose: To inform and educate veterans who are homeless living in transient shelters or in board and care homes about services the P&A can provide to veterans. Number Trained: 25

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles7
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website42,645
5. Publications/booklets/brochures disseminated1,518
6. Other (specify separately)4

Narrative

6. Other - Four training / outreach events were provided to 326 individuals to generally educate them about the P&A and the services we can offer, not including, a podcast where the P&A Director was interviewed by Legal Services whose audience averages 1000 persons.

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)21
2. Additional individuals served during the year31
3. Total individuals served (lines A1 + A2)52
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)0

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 31

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility3
2. Employment1
3. Program access5
4. Housing2
5. Government benefits/services6
6. Transportation1
7. Education22
8. Assistive technology0
9. Voting0
10. Health care3
11. Insurance1
12. Non-government services3
13. Privacy rights0
14. Access to records1
15. Abuse1
16. Neglect3
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor15
2. Other representation found2
3. Individual withdrew complaint3
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case0
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit1
9. Other0

Please explain

E. Intervention Strategies Used in Serving Individuals

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

1. Technical assistance in self-advocacy7
2. Short-term assistance12
3. Investigation/monitoring0
4. Negotiation1
5. Mediation/alternative dispute resolution0
6. Administrative hearings0
7. Litigation (including class actions)1
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 - 2223
3. 23 - 5912
4. 60 - 647
5. 65 and over10

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females26
2. Males26

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race1
2. American Indian or Alaskan Native0
3. Asian1
4. Black or African American17
5. Native Hawaiian or Other Pacific Islander0
6. White32
7. Two or more races1
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent13
2. Parental or other family home31
3. Community residential home0
4. Foster care0
5. Nursing home3
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center4
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 impairment2
2. Deaf/hard of hearing4
3. Deaf-blind0
4. Orthopedic impairment9
5. Mental illness0
6. Substance abuse1
7. Mental retardation0
8. Learning disability6
9. Neurological impairment4
10. Respiratory impairment0
11. Heart/other circulatory impairment8
12. Muscular/skeletal impairment4
13. Speech impairment0
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 activities3

2. Number of individuals potentially impacted by policy changes111,200

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

1) Policy change: The P&A, as a representative of Disability Advocates for Alabama’s Public Schools (DAAPS), ensured that the needs of students with disabilities were represented in discussions related to student assessment development and waiver requests. How changes benefit individuals with disabilities: Students with disabilities were better represented in policy making endeavors underway at the state level. Example: The P&A took a leadership role to engage nine parent advocacy groups into a coalition called Disability Advocates for Alabama's Public Schools (DAAPS). DAAPS addressed issues related to transition planning and services, a controversy at the state Board of Education surrounding low expectations of students with disabilities, and Every Student Succeeds Act (ESSA) plans and their acknowledgment of the needs of students with disabilities. The P&A was designated as the representative of DAAPS to be appointed to the state assessment task force, the entity charged by the State Department of Education (SDE) to identify the parameters to be used to choose the state’s new student assessment system. The P&A provided comments to the SDE regarding the ESSA waiver it was seeking because too many of the state’s children were tested using an alternate assessment. The P&A complained that the state had not provided any plans regarding how it was going to diminish the use of the alternate assessment by schools and hold schools accountable for testing children according to broad state standards. 2) Policy change: Engage Alabama is a specific transition application ("app") that the P&A helped develop along with Vocational Rehabilitation and the Alabama State Department of Education is now available to teachers and students throughout the state of Alabama. How changes benefit individuals with disabilities: Students have a more direct roll in crafting their own transition goals and a script to help them advocate for their own goals and services. Example: The P&A reached out to the Alabama State Department of Education (ALSDE) and Vocational Rehabilitation about partnering to create an application (app) that would help students identify the transition services they are interested in receiving. The P&A provided the individual that would assist in crafting the app. Vocational Rehabilitation and ALSDE paid for the app. Alabama Council on Developmental Disabilities (ACDD) came forward and provided funding for the app to go from a website to an actual app available in the app store (Engage Alabama). The P&A presented the app at a transition conference for teachers and families. We also presented to an adult conference to discuss the potential use of the app for adults that need person centered planning. The Children's Rights clinic uses the app to help develop rapport with clients and the clinic has seen clients interested in pursuing areas in school that they may not have considered previously. 3) Policy change: School district's special education "child find" policies, homebound policies, and IEP/504 planning processes. How changes benefit individuals with disabilities: Children with serious and chronic health conditions will be referred, as necessary, for special education services and will have their learning needs met by the Birmingham City School District. Example: The P&A filed a complaint with the Office for Civil Rights (OCR) against the Birmingham City School System (BCSS) alleging that the district denies students with serious and chronic health conditions access to needed special education and related aids/services in violation of Section 504 of the Rehabilitation Act of 1973 and Title II of the American with Disabilities Act of 1990. The complaint alleged that the BCSS 1) fails to identify and refer these students for evaluation to determine if they qualify for special education and related services; 2) fails to individualize its programming for such students; 3) inappropriately limits homebound services by pre-determined board policy and practice; and 4) refers these students when they are absent for legitimate health reasons to juvenile court, subjecting them to intrusive and unnecessary legal intervention. The parties agreed to participate in OCR’s “facilitated resolution” (mediation) process, which resulted in a Settlement Agreement that resolved the issues outlined above and which provides for compensatory education for students with health conditions who had received inadequate homebound services for the 2017-18 and 2018-19 school years.

B. Litigation/Class Actions

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

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

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) ADAP 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 of Corrections (ADOC) 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) Individuals 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. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration: a) Southern Poverty Law Center (SPLC) — co-counsel in the class action litigation, Dunn v. Dunn. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions: Two individual cases, one class action litigation case, and 28 information and referral services 6. Provide at least one case summary that demonstrates the impact of the priority: The P&A is charged with serving as the court monitor for the settlement agreement reached in Dunn v. Dunn concerning the ADA and constitutional standards for physical and program access for adult inmates with disabilities. At present, Alabama Department of Corrections (ADOC) does not have a single facility that is Americans with Disabilities Act (ADA) architecturally compliant. Under the terms of the Consent Decree, by March, 2019, ADOC will have to have removed all architectural barriers in their facilities. It is believed that approximately 4,000 inmates in ADOC facilities are currently being housed in non-ADA compliant housing locations. This will all change under the terms of the Consent Decree. 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 appropriate and individualized community-based 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) Individuals with disabilities will 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) ADAP will provide individual advocacy services to veterans with disabilities regarding community supports and services. c) Individuals with disabilities will have their long-term service and support (LTSS) needs met under the state’s Integrated Care Network (ICN). d) ADAP will provide input to state agencies overseeing Alabama’s Medicaid waivers regarding compliance with Home and Community-Based Services (HCBS) Heightened Scrutiny regulations. e) 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. f) Veterans with disabilities will understand their rights to community supports and services. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration: a) Arc of Alabama — co-sponsored the year’s largest conference supporting people with disabilities. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions: 15 individual cases and 114 information and referral services 6. Provide at least one case summary that demonstrates the impact of the priority: SS is a 64 year-old female who is deaf and uses American Sign Language for communication. SS was denied effective communication by the local hospital into which she was admitted for back surgery. The P&A spoke with hospital officials and advocated for the provision of interpretation services that would enable SS to effectively communicate with her surgeon and other treating professionals. As a result of the P&A’s advocacy, the hospital arranged for a combination of Video Relay Interpreting and live interpreters to facilitate SS’ communications with her healthcare providers. 1. Identify and describe priority: Persons with disabilities will have meaningful access to integrated employment and be paid at least minimum wage. 2. Identify the need, issue or barrier addressed by this priority: The need for persons with disabilities to have meaningful access to integrated employment and be paid at least minimum wage. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority: a) Individuals with disabilities will be employed in integrated environments at competitive wages and not be discriminated against because of their disability. 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: One individual case and 15 information and referral services 6. Provide at least one case summary that demonstrates the impact of the priority: The P&A represented WW, a female with a significant muscular and skeletal impairment, whose employer refused requested accommodations to her work schedule that were supported by a letter from WW's treating physician. The P&A counseled WW throughout the process of the filing of a charge with the Equal Employment Opportunity Commission (EEOC) and reiterating her request for reasonable accommodations. WW’s request for accommodations was ultimately granted. 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 for individuals with disabilities to be able to make everyday decisions about their lives, including matters related to where they live, how their money is managed, and their healthcare. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority: a) Individuals with disabilities, subjected to unnecessary restriction of rights and/or freedom of choices (e.g. guardianship / conservatorship), will have increased personal decision-making with supports as necessary. b) Peer support systems for individuals with disabilities will be expanded. c) Individuals with disabilities, their families, and service providers will 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 to the national Self Advocates Becoming Empowered (SABE) conference. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration: 1) Alabama Council on Developmental Disabilities, People First of Alabama, UCEDD - The P&A collaborated with these agency’s to help sponsor the Self Advocates Becoming Empowered (SABE) Conference. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions: Two individual cases and 11 information and referral services 6. Provide at least one case summary that demonstrates the impact of the priority: Working with a state Supreme Court committee supported by the American Bar Association's Commission on Law and Aging, the P&A partnered with local stakeholders to train persons with disabilities, family members and related professionals regarding the State’s guardianship system, including Supported Decision Making principles. 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 be provided a free appropriate public education in their least restrictive environment moving them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. 3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority: a) Students with disabilities in schools or daycare centers will be protected against illegal disciplinary measures and the use of inadequate behavioral planning including the use of seclusion and restraint. b) Students with disabilities will 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 right to special education services and disability-related accommodations in public charter schools, virtual schools and private schools access 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) ADAP 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) Families and providers of students with disabilities will understand student rights to special education services (including issues related to eligibility, provision of FAPE, right to assistive technology, behavior and discipline, transition, etc.) and will be empowered with needed advocacy skills to secure those rights. 4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. 1. The Alabama State Department of Education — co-presenters of the transition app, Engage Alabama. 5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions: 13 individual cases and 33 information and referral services 6. Provide at least one case summary that demonstrates the impact of the priority: The P&A was contacted by a parent who reported that when she moved to a different school district, the school refused to provide her child a 504 Plan, a safety plan, and refused to allow her child to ride bus due to his disability. The P&A worked with the parent and wrote on behalf of the client to the school district. Due to P&A advocacy efforts, the client has a 504 plan with a safety plan in place and school is providing transportation.

B. Priorities and Objectives for the Current Fiscal Year

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

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

Statement of each priority: Individuals with disabilities will be free from abuse and neglect and live in healthier, safer or otherwise improved facility or community settings. 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. A description of the activities to be carried out under each priority: a) ADAP 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 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 and program access for adult inmates with disabilities. c) Individuals 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. 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. The need addressed by each priority: The need for individuals with disabilities to have access to appropriate and individualized community-based services that will enhance their ability to live independently. A description of the activities to be carried out under each priority: a) Individuals with disabilities will 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) Veterans with disabilities will have improved access to services to enable them to participate more fully in community life through advocacy services concerning, but not limited to, housing, healthcare, financial entitlement, etc. c) Alabama will transition toward compliance with HCBS regulations allowing Medicaid beneficiaries to receive services in their own home or community rather than institutions or other isolated settings. d) Medicaid-eligible individuals with disabilities will have their health and long-term care needs met and will have their rights protected under the state’s developing Medicaid managed care systems. e) 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. 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. The need addressed by each priority: A description of the activities to be carried out under each priority: a) Individuals with disabilities, 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) Peer support systems for individuals with disabilities will be expanded. c) The state’s guardianship system will be enhanced to provide more opportunities for individuals with disabilities to exert more control over their lives. d) Individuals with disabilities, their families, and service providers will understand about how alternative decision-making and other tools can be used as alternatives to guardianships/conservatorships. 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. The need addressed by each priority: The need for youth with disabilities to be provided a free appropriate public education in their least restrictive environment moving them toward independent living and, depending on their individual goals, secondary schooling or employment upon graduation. A description of the activities to be carried out under each priority: a) Students with disabilities in schools or daycare centers will be protected against illegal disciplinary measures and the use of inadequate behavioral planning including the use of seclusion and restraint. b) Students with disabilities will be provided a free, appropriate public education (FAPE) in the least restrictive environment (LRE) with appropriate supports. c) Older students with disabilities will be provided appropriate transition planning and services. 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. f) Families and providers of students with disabilities will 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.

Part VI. Narrative

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

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

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

A. Sources of funds received and expended B. Budget for the fiscal year covered by this report Source of Funding Amount Received Amount Spent Federal (section 509) 220,200 162,802 State 0 0 Program Income 31,340 14,912 Private 0 0 All other funds 10,175 10,175 FY 2017 Program Income Carryover Total (from all sources) 261,715 187,889 Category Prior Fiscal Year Current Fiscal Year Wages/Salaries 104,525 135,000 Fringe Benefits 35,149 45,000 Materials/Supplies 0 500 Postage 270 500 Telephone 993 1,500 Rent 0 0 Travel 4,305 7,500 Copying 0 1,500 Bonding/Insurance 662 1,000 Equipment (rental/purchase) Legal Services 500 Indirect Cost 39,951 57,420 Miscellaneous 2,034 5,000 Total Budget 187,889 255,420 C. Description of PAIR staff (duties and person-years) Type of Position FTE % of year filled Person-years Professional full-time 2.44 83.2 2.03 part-time 0 0 0 vacant .41 16.4 2.5 Clerical full-time .36 1.00 .36 part-time .03 .67 .02 vacant .02 .33 .01 D. Involvement with advisory boards (if any) n/a E. Grievances filed under the grievance procedure Description of the issues 1. Individual requests representation for an employment discrimination case in federal court. Individual filed pro se in federal court to preserve time frame and now needs an attorney. 2. A veteran caller who was upset with a private law firm in Birmingham handling his father’s mesothelioma claim. The caller is the executive of his father’s estate. 3. Caller believes she and her husband were taken advantage of because of their disability by a car dealer. 4. Caller, an inmate incarcerated at Fountain Correctional Facility, wants to be released. The caller was referred to the Alabama State Bar for criminal representation. Explain why individual filed grievance 1. The individual’s request was denied based on lack of resources to be able to provide representation. 2. The caller grieved his denial of representation in a malpractice claim against an Alabama lawyer handling his deceased father’s claim. The caller believes his claim was not handled in a timely manner. 3. Caller grieved the denial of services suggesting the P&A is weak and does not understand the issues faced by the deaf community and the P&A should keep her request open until she hears back from the Attorney General (AG) with whom she filed a complaint. 4. Caller grieved his request for representation. Describe outcome of the grievance 1. Having considered the details of the individual’s request, the P&A did not find merit in the main substance of the grievance. In lieu of providing representation, the P&A, after being unable to find a private attorney referral, suggested that the individual contact the Alabama State Bar Lawyer Referral Service. 2. The caller’s request for help was outside the P&A current priorities and is not one that involved the abuse or neglect of a person with a disability; a violation of a right granted to a person with a disability; or discrimination based on disability. 3. The caller’s request was denied and directed to the AG’s office and the Better Business Bureau (BBB) because of the lack of resources of the P&A. 4. The caller’s grievance was denied. The matter falls outside the P&A case eligibility criteria, does not involved abuse , neglect, or a violation of a right granted to a person because of their disability, and the issue is not one that is a current priority 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). In relevant cases, the P&A refers individuals with disabilities to the state CAP when there is an indication those individuals may experience problems or need information regarding the Alabama's Vocational Rehabilitation Service (VRS) or vocational rehabilitation service providers. Likewise, the P&A also receives referrals from the state’s CAP, and makes and receives referrals to and from the state Department of Senior Service which houses the state’s long-term care ombudsman. The P&A Director confers regularly with the Commissioners of both the state Department of Senior Services and the state Department of Rehabilitation Services. The P&A has worked in partnership with the state Department of Vocational Rehabilitation (VRS) to create an app that helps students identify transition services they are interested in. Finally, the P&A is working with both identified agencies and others, e.g., the state Nursing Home Association, to advocate for appropriate services to individuals who qualify for home- and community-based services in the state’s new long-term services and supports Integrated Care Network (ICN).

Certification

Signed?Yes
Signed ByJames A. Tucker
TitleExecutive Director
Signed Date12/19/2018