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

Colorado (Center for Legal Advocacy) - H240A180006 - FY2018

General Information

Designated Agency Identification

NameDisability Law Colorado
Address455 Sherman Street
Address Line 2Suite 130
CityDenver
StateColorado
Zip Code80203
E-mail Addressmaharvey@disabilitylawco.org
Website Addresshttp://www.disabilitylawco.org
Phone303-722-0300
TTY 303-722-3619
Toll-free Phone800-288-1376
Toll-free TTY800-288-1376
Fax303-722-0720
Name of P&A Executive DirectorMary Anne Harvey
Name of PAIR Director/CoordinatorJennifer Purrington
Person to contact regarding reportMary Anne Harvey
Contact Person phone303-722-0300
Ext.506

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 areas169
2. Individuals receiving I&R outside PAIR priority areas200
3. Total individuals receiving I&R (lines A1 + A2)369

B. Training Activities

1. Number of trainings presented by PAIR staff15
2. Number of individuals who attended training (approximate)761

• September 18, 2018 — Presentation to community members to provide people with disabilities and the public with information on the law regarding service and assistance animals. There were 2 community business members present. One of the trainees was responsible for running a major mountain resort in the area so the impact of training that individual was significant. • August 16, 2018 — Presentation to parents and advocates about special education law and transition services in Grand Junction, CO. There were 20 advocates and parents present. • August 1, 2018- Presentation to community members to provide people with disabilities and the public with information on the law regarding service and assistance animals. There were 10 community members present. • July 27, 2018 — Presentation to community members to provide people with disabilities and the public with information on the law regarding service and assistance animals. There were 26 community members present. • July 24, 2018 — Presentation to community members to provide people with disabilities and the public with information on the law regarding service and assistance animals. There were 21 community members present. • June 21, 2018 — Presentation by staff attorney at annual NDRN conference on the law regarding service and assistance animals. There were 48 advocates and attorneys from various U.S. states and territories trained, who can take that information back to better advocate for their clients in underserved areas. • June 16, 2018 — Presentation at transition conference. The goal was to educate teachers and school districts on their students' transition rights. There were 50 teachers/school representatives present. • April 27, 2018 — Presentation at Parents Encouraging Parents in Crested Butte, CO on Special Education Law and transition services. There were 200 parents and educators present. • February 23, 2018 — Presentation at Parents Encouraging Parents in Colorado Springs, CO on Special Education Law and transition services. There were 150 parents and educators present. • December 19, 2017 — Presentation to residents at local housing complex to discuss the law regarding service and assistance animals in housing. There were 25 residents present. • November 13, 2017 — Presentation by the DLC Grand Junction staff (along with the ARC of West Central Colorado, and Colorado Legal Services) went and presented to the residents of Delta County. The goal of the presentation was to educate and create outreach to other attorney's and residents in Delta county about DLC programs and the type of law DLC practices. There were 4 residents present. • November 12, 2017 - Presentation to service animal volunteer group about service and assistance animals and the law. There were 20 volunteers present. • November 1, 2017 — Presentation by the DLC Grand Junction staff at a luncheon for the Mesa County Bar Association. We provided information to attorneys who may use DLC as a resource for clients who are under-served in Mesa County. DLC provided information to the Bar Association about all of our programs. There were 25 attorneys present. • October 20, 2017 — Presentation at Parents Encouraging Parents in Breckenridge, CO on Special Education Law and transition services. There were 150 parents and educators present. • October 17, 2017- Presentation about ADA issues, especially employment and university/college accommodation issues at the Community College of Aurora for students and staff. There were 10 students and staff present. Disability Law Colorado received multiple reports that staff at the Lindsey-Flannigan Courthouse in Denver had refused to allow entry to individuals with service animals, and that staff were rude to these individuals. Although the individuals did not want to pursue individual complaints, Disability Law Colorado reached out to the City of Denver and worked with them to ensure Denver Sheriff Department staff received training on service animals through the City's Office of Disability Rights. Denver Sheriff Department staff had previously refused to attend this training, but finally required staff to attend after Disability Law Colorado got involved. Disability Law Colorado continued to commit time and resources over the past year to support people with disabilities who require service or assistance animals. We have done this though multiple trainings in the community (urban and rural), technical assistance over the phone, and individual advocacy with multiple clients. Additionally, we have prepared several different resources for people with disabilities dealing with rights violations related to service and assistance animals to assist with their own self-advocacy. We have received an overwhelmingly positive response from our efforts and we continue to get requests for advocacy assistance and trainings. We provided trainings over the past year in several more urban areas across the state, and recently, we traveled to some rural areas over a weeks’ time and provided trainings about service and assistance animals to people with disabilities, business owners, housing providers, and advocacy groups across Colorado. Our effort was well received, and the trainings were well attended. We were able to reach out to areas of Colorado who we have not had the opportunity to reach out to in the past, including Alamosa and Durango, Colorado.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff6
2. Newspaper/magazine/journal articles5
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website102,060
5. Publications/booklets/brochures disseminated9
6. Other (specify separately)9

Narrative

Publications disseminated by the agency (9 items) The Everyday Guide to Special Education, Guia de la Ley de Educacion Especial (Spanish version of The Everyday Guide), But I Don't Want Eldercare, Residents Rights BINGO game, Preventing Litigation in Special Education, Mainstream Newsletter - published bi-annually. Other (9 items) = website and social media platforms (Facebook, Twitter, LinkedIn and Instagram), e-news (quarterly) Disability Law Colorado continues to provide information and engage through its website and social media. The Disability Law Colorado website had more than 102,000 visits during FY2018. The agency's social media presence continues to grow. The average reach of each Twitter post was 2,200; Facebook was 678; and LinkedIn averaged 136 impressions per post. Although we are relatively new to Instagram we already have 271 followers.

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)17
2. Additional individuals served during the year84
3. Total individuals served (lines A1 + A2)101
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)3

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 23

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility0
2. Employment41
3. Program access17
4. Housing23
5. Government benefits/services2
6. Transportation6
7. Education0
8. Assistive technology1
9. Voting0
10. Health care0
11. Insurance0
12. Non-government services6
13. Privacy rights0
14. Access to records0
15. Abuse0
16. Neglect0
17. Other8

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor26
2. Other representation found5
3. Individual withdrew complaint17
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case10
7. PAIR unable to take case because of lack of resources6
8. Individual case lacks legal merit8
9. Other9

Please explain

Individual's issue not favorably resolved = 2 Not within priorities - 1 Client unresponsive to agency - 3 Technical Assistance provided - 1 Result unknown - 2

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-advocacy30
2. Short-term assistance28
3. Investigation/monitoring0
4. Negotiation11
5. Mediation/alternative dispute resolution5
6. Administrative hearings0
7. Litigation (including class actions)7
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 - 2210
3. 23 - 5977
4. 60 - 648
5. 65 and over6

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females58
2. Males43

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race10
2. American Indian or Alaskan Native0
3. Asian2
4. Black or African American8
5. Native Hawaiian or Other Pacific Islander0
6. White67
7. Two or more races5
8. Race/ethnicity unknown9

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent80
2. Parental or other family home11
3. Community residential home0
4. Foster care0
5. Nursing home3
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center1
9. Homeless3
10. Other living arrangements1
11. Living arrangements not known2

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment3
2. Deaf/hard of hearing14
3. Deaf-blind0
4. Orthopedic impairment24
5. Mental illness20
6. Substance abuse0
7. Mental retardation12
8. Learning disability3
9. Neurological impairment5
10. Respiratory impairment1
11. Heart/other circulatory impairment1
12. Muscular/skeletal impairment5
13. Speech impairment0
14. AIDS/HIV4
15. Traumatic brain injury1
16. Other disability8

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities1

2. Number of individuals potentially impacted by policy changes7,000

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.

***Over two years ago Disability Law Colorado took a major step in its advocacy by filing a complaint with the U.S. Department of Justice regarding the failure of the Colorado Choice Transitions program (CCT), the State’s program to transition individuals out of nursing homes and into the community. Following approximately two years of monitoring the CCT program, advocating for improvements to the program with the state, and advocating on behalf of specific nursing home residents, DLC found that CCT has major systemic flaws and that the insufficient progress had been made to correct the problems with this program. Specifically, DLC found: (1) that there are large swaths of Colorado where the services and supports necessary to access programs and services to transition from nursing homes and into the community are simply non-existent; (2) in areas where the program’s components exist and the program is purportedly working, DLC has found that some former residents are not receiving appropriate services, and; (3) that the State has consistently failed to meet its annual transition benchmarks. Disability Law Colorado filed this complaint in November 2016. This fall, the DOJ came to visit Colorado and traveled around with a DLC staff member to review the Olmstead issues facing Colorado and the overall effectiveness of the CCT program. Only a few weeks ago, Disability Law Colorado learned that the DOJ is opening a case about this issue. We look forward to reporting on the results of their investigation on the next PPR. ***PAIR staff members are continuing to commit their time and resources to support people with disabilities who require service or assistance animals. We have done this through multiple trainings in the community (urban and rural), technical assistance over the phone, and individual advocacy with multiple clients. As part of our trainings, we have focused on informing people about the new Colorado Law that went into effect in January 2017: Misrepresentation of a Service or Assistance Animal. Additionally, we have prepared several different resources for people with disabilities dealing with rights violations related to service and assistance animals to assist with their own self-advocacy. Disability Law Colorado has received an overwhelmingly positive response from our efforts and we continue to get requests for advocacy assistance and trainings all over the state. ***PAIR staff members worked on a case for a young client for over five years. Originally, client’s mother contacted Disability Law Colorado back in 2012 because a national daycare chain refused to administer necessary insulin to her three-year-old with diabetes. Disability Law Colorado filed a complaint with the DOJ in 2013 regarding the failure of the daycare to accommodate the client. Finally, in 2018, the client received a favorable resolution from the DOJ, and our complaint resulted in a systemic nation-wide settlement regarding daycares being required to provide reasonable accommodations, including glucose monitoring and testing, for children with diabetes. See: https://www.justice.gov/opa/pr/justice-department-reaches-settlement-learning-care-group-inc-resolve-ada-violations ***PAIR staff members worked on a case for a young client for over five years. Originally, client’s mother contacted Disability Law Colorado back in 2012 because a national daycare chain refused to administer necessary insulin to her three-year-old with diabetes. Disability Law Colorado filed a complaint with the DOJ in 2013 regarding the failure of the daycare to accommodate the client. Finally, in 2018, the client received a favorable resolution from the DOJ, and our complaint resulted in a systemic nation-wide settlement regarding daycares being required to provide reasonable accommodations, including glucose monitoring and testing, for children with diabetes. See: https://www.justice.gov/opa/pr/justice-department-reaches-settlement-learning-care-group-inc-resolve-ada-violations

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts161,000
2. Number of individuals named in class actions6

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.

***As reported in the previous PPR, PAIR staff collaborated with two other civil rights organizations beginning in August 2016 to discuss filing a lawsuit against the City of Denver. In the past fiscal year, we were able to settle that lawsuit with the City. As a quick review of the history of the case, the City owns a famous music venue, Red Rocks Amphitheatre, and due to ticketing practices and policies, the City has not provided the appropriate number and access to accessible seating within the venue. People with disabilities could not access tickets during online sales because they were being bought up by non-disabled patrons, namely scalpers. This left the only accessible seats in the venue in the final row of the amphitheater. Additionally, the shuttle, originally used to transport people with mobility disabilities up to the front of amphitheater was being misused by people without disabilities, forcing those with disabilities to wait much longer than necessary for an accessible entrance to the theater. Also, Red Rocks Amphitheater does not have the required amount of accessible seats and the seats that are available are smaller than the size of an average wheelchair, making it difficult for people using wheelchairs to sit in their assigned seats. We filed a lawsuit against the city with six named plaintiffs as a class action suit in December 2016. Since that time, we have engaged in some preliminary discovery and spent a lot of time negotiating with the city on a viable solution. We recently agreed to settle the case in December 2017. Since that time we have continued to monitor the situation at Red Rocks and have reviewed complaints from this past summer’s concert season. We agreed through the settlement to keep abreast of the impact of the changes made through our settlement and to discuss issues with the City of Denver as they come up through the year. ***In FY2018, PAIR staff was again active in filing and pursuing administrative cases. Though we typically prefer to remedy issues directly with an organization through negotiation, when necessary, we file administrative complaints in any of the following areas: ***Disability discrimination complaints in the workplace — we file complaints with the Equal Employment Opportunity Commission (“EEOC”) or the Colorado Civil Rights Division (“CCRD”). ***Disability discrimination complaints against housing providers - we file complaints with the CCRD, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice Office of Fair Housing and/or the U.S. Department of Agriculture. ***Disability discrimination complaints against a public accommodation — we file complaints with the CCRD and/or the U.S. Department of Justice; ***Disability discrimination complaints in publicly funded post-secondary educational institutions — we file complaints with the U.S. Department of Education Office of Civil Rights (“OCR”). If we deem it appropriate and necessary, we are also open to filing any of the above complaints in state or federal court. Similarly, we are open to filing or intervening in any state or federal case or class-action alleging discrimination against people with disabilities. Our involvement in representing individual clients in litigation has served those individuals, and others following in their footsteps. Furthermore, we had a very active year in training, which we believe also serves a broad class of people with disabilities as well as those providing services.

Part V. PAIR'S Priorities and Objectives

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

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

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

Priority 1 — Assistance to Remedy Systemic Discrimination against Tenants and Homeowners 1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy systemic disability discrimination for tenants and homeowners. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, website traffic on our P&A website, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities in housing experience disability discrimination and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — An indicator of success under this priority is when a property manager, landlord, or housing authority allows an individual with a disability to remain in or obtain a home with necessary reasonable accommodations, with equal opportunity to use and enjoy that home or when, after talking to PAIR staff, a client or housing provider understands his/her rights and obligations related to fair housing and reasonable accommodations. 4. Collaboration - Pursuing this priority involves cooperative efforts with Colorado Legal Services, Colorado Cross-Disability Coalition, the U.S. Department of Housing and Urban Development, the Colorado Civil Rights Division, the Denver Metro Fair Housing Center, Colorado Affordable Legal Services, individual county housing authorities, the Colorado Housing and Finance Association, Colorado Self-Represented Litigant Coordinators, the Colorado Poverty Law Project, as well as individual members of the private bar who accept such cases. 5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 16 individual cases with no class action cases. 6. Provide at least one case summary that demonstrates the impact of the priority. a. A 31-year-old client with a mental health disability contacted Disability Law Colorado with a housing issue. The client’s landlord would not allow her to have an emotional support animal. The client had experienced a traumatic event in her home that lead to PTSD and wanted an animal to help her feel safe and mitigate the effects of her disability. Disability Law Colorado wrote a letter to the landlord explaining the law and requesting the landlord accept the emotional support animal as a reasonable accommodation for the client. Following receipt of our letter, the landlord contacted the client to approve the reasonable accommodation request for the animal. The landlord initially tried to put size and weight restrictions on the animal, but Disability Law Colorado further explained that those restrictions were not allowed. Through DLC’s advocacy, the client was able to get an emotional support animal that helped ameliorate her disability and made her feel safe in her home. b. A 62-year-old client with Parkinson’s contacted Disability Law Colorado regarding a housing issue. She had made multiple reasonable accommodation requests for a reserved, accessible parking spot to allow her to use and enjoy her apartment. Due to her disabilities she had significant difficulty walking to and from her parking space from her apartment unit. When she contacted DLC, all of her previous requests to her landlord had been declined. Disability Law Colorado wrote a demand letter making the request and outlining the law. After conversations with the property owner, the client was provided with the reserved, accessible parking space she originally requested. She can now safely use and enjoy her apartment due to DLC’s involvement. c. Over a year ago we were contacted by a 68-year-old client with multiple orthopedic and respiratory issues, regarding a housing complaint. He was not receiving necessary accommodations in order to move to an apartment unit in his building that would alleviate the effects of his disabilities. Thankfully, this May, after a year of negotiations with the housing provider, we were able to help the client receive nine different necessary accommodations in order for him to successfully move to a new unit. Although the installation of the accommodations took an extensive amount of time, the final result allowed the client to live comfortably in his new apartment unit. Priority 2: Assistance to Remedy Systemic Discrimination in Employment. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who are not employed by the federal government and experience disability discrimination in the employment setting. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities who are ineligible for other federally-funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — Success is measured when an employer treats an individual with a disability equally to an employee without a disability and agrees to make appropriate accommodations for such a person’s disability or when, after talking with PAIR staff, a client or employer understands his/her rights and obligations relating to non-discrimination on the basis of disability. 4. Collaboration - Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Plaintiffs Employment Lawyers Association, Faculty of Federal Advocates, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, Civil Rights Education and Enforcement Center, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases. 5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 35 individual cases with no class action cases. 6. Provide at least one case summary that demonstrates the impact of the priority. a. 24-year-old client with epilepsy contacted Disability Law Colorado regarding an employment issue. He used to work at a painting company but was fired discriminatorily. His boss had made specific accommodations for him due to his disability. For example, he worked on the ground instead of on ladders and lifts in case of a seizure. However, one day during a break, he had a seizure. No one was injured and the employee only missed a day of work, but two days after the incident his boss called him and told him that due to the fact he was a liability to the company, he would be terminated. Disability Law Colorado wrote a demand letter explaining the client’s claims for disability discrimination and a failure to engage in an interactive process and accommodate the client. We then engaged in negotiations and settled client's claims in client's favor. b. 54-year-old Deaf client with an intellectual disability contacted Disability Law Colorado about an employment issue. The client was involved in a disciplinary situation with his employer due to an accusation of inappropriate behavior, namely tapping other employees on the shoulder to get their attention. One employee went as far as to accuse the client of “rubbing” her shoulders instead of tapping. Client stated that because the other employees ignored him and refused to face him when talking with him (an accommodation he needed due to his deafness), he was forced to tap people to get their attention and to get them to face him while talking. Additionally, during these disciplinary proceedings, the client was not provided with an interpreter. Disability Law Colorado became involved and immediately contacted the employer to halt the disciplinary process and discuss appropriate accommodations for the client. Disability Law Colorado represented the client at a disciplinary meeting, wrote a formal reasonable accommodation request for the client, and ultimately negotiated with the employer to provide accommodations for the client, such as an interpreter, in the future, and to place the client on probation regarding the disciplinary incident instead of terminating him from his position. Priority 3: Assistance to Remedy Systemic Discrimination in Places of Public Accommodation 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy systemic disability discrimination in Title II and Title III public entities under the ADA. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities who interact with Title II and Title III entities will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights while interacting with public entities. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — Success is measured when a Title II and/or Title III entity provides the required access and accommodations to the person with a disability or when, after talking with PAIR staff, a client or public entity understands his/her rights and obligations relating to non-discrimination on the basis of disability. 4. Collaboration - Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, Civil Rights Education and Enforcement Center, and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases. 5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 25 individual cases with 1 class action case. 6. Provide at least one case summary that demonstrates the impact of the priority. a. 39-year-old client with a visual impairment contacted Disability Law Colorado in May of 2018 because her college would not provide her with documents for her classes in 14 point font, on regular sized paper, and in a timely manner. DLC represented the client at a meeting with the school, and during later negotiations when the meeting did not resolve the issue. Ultimately, after relentless advocacy by Disability Law Colorado attorneys, the School finally - after more than five months of resisting - agreed to provide all documents needed for the client's education to her in an accessible format at the same time the other students receive the documents. DLC believes this advocacy not only provided necessary changes for the client but also for all future clients who will have to interact with this school regarding reasonable accommodation requests. b. Client’s mother contacted Disability Law Colorado back in 2012 because a national daycare chain refused to administer necessary insulin to her three-year-old with diabetes. Disability Law Colorado filed a complaint with the DOJ in 2013 regarding the failure of the daycare to accommodate the client. Finally, in 2018, the client received a favorable resolution from the DOJ, and our complaint resulted in a systemic nation-wide settlement regarding daycares being required to provide reasonable accommodations, including glucose monitoring and testing, for children with diabetes. See: https://www.justice.gov/opa/pr/justice-department-reaches-settlement-learning-care-group-inc-resolve-ada-violations c. 34-year-old client with physical and mental health issues contacted Disability Law Colorado because she was in the process of being dismissed from her medical school program. She had had some significant health issues over the past year. She requested a leave of absence, an accommodation easily approved through the school’s policy manual, and was granted that leave; however, while she was on this supposed leave, she was required to complete course work, tests, and meet deadlines, essentially removing any benefit the leave would have provided had it actually been treated as “leave.” DLC sent a demand letter to the medical school explaining that by not providing our client with a true medical leave over the last year, they had failed to accommodate her. Additionally, DLC requested another year’s leave, requiring that the leave allow the client to truly rest and recuperate so that she could return to school after her leave. Due to DLC’s letter, the school agreed to the leave and the client was granted a year of medical leave starting in June of this year. The proposal to dismiss her from the program was rescinded. Due to DLC’s advocacy the client is currently on much needed leave and will have the opportunity to reenter the program in a year when she is healthier and ready to continue her studies. d. 29-year-old client who uses a wheelchair contacted Disability Law Colorado about a public accommodation issue. He was declined entry to an outdoor concert venue because he uses a wheelchair and the ticketing guard told him he could not come in because it was "standing room only." We wrote a letter on behalf of the client to the venue management explaining the issue and asking to discuss possible solutions. The venue responded quickly with the hope to remediate the situation and prevent the something similar from happening in the future. The venue apologized, offered free tickets to the client, and agreed to provide staff with additional training on providing accommodations to people with disabilities as well as their responsibilities under the ADA. The client agreed with the terms of the resolution. DLC’s involvement in the case has hopefully prevented something similar from happening at the venue any time in the future.

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.

PAIR FY 2019 PRIORITIES AND OBJECTIVES Priority 1 — Assistance to Remedy Systemic Discrimination against Tenants and Homeowners 1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy systemic disability discrimination for tenants and homeowners. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, website traffic on our P&A website, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities in housing experience disability discrimination and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities — Disability Law Colorado will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination for tenants and homeowners. Additionally, Disability Law Colorado will provide information, referrals, advice, guidance, technical assistance, and education and training activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. Disability Law Colorado will not be offering direct representation for clients in eviction proceedings. Priority 2: Assistance to Remedy Systemic Discrimination in Employment. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who are not employed by the federal government and experience disability discrimination in the employment setting which may have systemic implications for all employees or potential employees with disabilities. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities — Disability Law Colorado will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination in employment. Additionally, Disability Law Colorado shall provide information, referrals, and technical assistance to assist individuals who experience disability discrimination in employment to assist them in self-advocating for their disability rights. Priority 3: Assistance to Remedy Systemic Discrimination in Places of Public Accommodation 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy systemic disability discrimination occurring in places of public accommodation. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, website traffic on our P&A website, and input received from individuals with disabilities, Disability Law Colorado has concluded that persons with disabilities utilizing places of public accommodation experience disability discrimination, and therefore, will benefit from systemic advocacy, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in places of public accommodation. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities — Disability Law Colorado will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy systemic disability discrimination in places of public accommodation, focusing on systemic discrimination. Additionally, Disability Law Colorado shall provide information, referrals, and technical assistance to assist individuals who experience disability discrimination in places of public accommodation to assist them in self-advocating for their disability 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: FY 2017 Grant carryover funds 75,675. FY 2018 Grant 151,656. Program Income - Court Awards $ 52,972.87 Training Income 471.66 B. Expenses for FY 2018: Salaries & temporary employees 171,728. Insurance & Benefits 41,805. Professional fees - Payroll services 911. Professional fees Audit 1,088. Professional fees consultants 3578. Litigation expense 217. Travel 1,730. Staff Development 2,265. NDRN conference 3,480. Meeting expenses 322. Outreach 362. recruiting 34. Office supplies 3,637. Leased equipment 1,622. Equipment computer maintenance 3,809 Leased office space 28,427. Building maintain & utilities 1,563. Phone system 1,780. Postage 498. Duplication costs 1,339. Subscription & reference materials 3,571. Dues & memberships 2,084. Malpractice insurance 1,743. Business insurance 337. Accommodation Services 3,001. File Storage 953. C. Jennifer Purrington (hired 2012) - Team Leader for Access Team and PAIR Program Grand Coordinator. Provides supervision on Access Team cases, including PAIR cases. Represents individual clients on PAIR cases. Provides Technical assistance on PAIR cases. Completes grant reporting for PAIR cases. Shannon MacKenzie (hired 2017) — Staff Attorney. Represents individual clients on PAIR cases. Provides Technical assistance on PAIR cases. Emily Harvey (hired 2014) — Staff Attorney. Represents individual clients on PAIR cases. Provides Technical assistance on PAIR cases. Angie Garberding (hired 1998) — Lead Intake specialist. Receives intake calls from clients in the PAIR program. Advocates for individual clients on PAIR cases. Provides Technical assistance and I&R on PAIR cases. Alison Butler (hired 2008) — Legal Director of P&A programs. Provides supervision on all P&A program cases, including PAIR cases. Olivia Pilcher (hired 2017) — Advocate in Grand Junction office. Advocates for individual clients on PAIR cases. Provides Technical assistance on PAIR cases. David Monroe (hired 2017) — Managing attorney in our Grand Junction office. Represents individual clients on PAIR cases. Provides Technical assistance on PAIR cases. E. Grievances filed under grievance procedure: 0 F. N/A

Certification

Signed?Yes
Signed ByMary Anne Harvey
TitleExecutive Director
Signed Date12/14/2018