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

Montana (Disability Rights Montana) - H240A180027 - FY2018

General Information

Designated Agency Identification

NameDisability Rights Montana
Address1022 Chestnut Street
Address Line 2
CityHelena
StateMontana
Zip Code59601
E-mail Addressbernie@disabiltiyrightsmt.org
Website Addresshttps://disabilityrightsmt.org
Phone406-449-2344
TTY 406-449-2344
Toll-free Phone800-245-4743
Toll-free TTY800-245-4743
Fax406-449-2418
Name of P&A Executive DirectorBernadette Franks-Ongoy
Name of PAIR Director/CoordinatorBernadette Franks-Ongoy
Person to contact regarding reportBernadette Franks-Ongoy
Contact Person phone406-449-2344
Ext.4811

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 areas5
2. Individuals receiving I&R outside PAIR priority areas288
3. Total individuals receiving I&R (lines A1 + A2)293

B. Training Activities

1. Number of trainings presented by PAIR staff7
2. Number of individuals who attended training (approximate)657

The 43 American Indian Council Pow Wow was attended by consumers, parents, pwd, family members and the general public. DRM had a table with information regarding pamphlets and other information regarding Disability Rights Montana. 500+ people

A presentation to the Justice for Ameri Corps was done to educate members about services and DRM. 20+ people

Disability Awareness presentation to Montana Legal Services Association. 10+ people

Helena Community Advocacy Meeting presented to pwd and family members. 5+ people

Helena Citizens Council presented to pwd, family members, and the general public. 20+ people

Outreach to Jails and Mental Health Centers regarding their rights and services at Disability Rights Montana. 2+

Presentation to the Parents Training Center (PLUK), consumers, pwd, family members, educators and teachers about DRM services including information about Disbility Rights Montana and our services. 100+ people

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles0
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website832,918
5. Publications/booklets/brochures disseminated3
6. Other (specify separately)3

Narrative

Facebook Followers - 1,157

Twitter Followers - 4,868

Quarterly newsletter disseminated to 2,651/yr

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)40
2. Additional individuals served during the year48
3. Total individuals served (lines A1 + A2)88
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)5

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 34

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility14
2. Employment2
3. Program access0
4. Housing9
5. Government benefits/services8
6. Transportation0
7. Education4
8. Assistive technology2
9. Voting0
10. Health care9
11. Insurance0
12. Non-government services1
13. Privacy rights0
14. Access to records0
15. Abuse10
16. Neglect5
17. Other20

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor33
2. Other representation found4
3. Individual withdrew complaint0
4. Appeals unsuccessful5
5. PAIR Services not needed due to individual's death, relocation etc.5
6. PAIR withdrew from case6
7. PAIR unable to take case because of lack of resources2
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-advocacy1
2. Short-term assistance45
3. Investigation/monitoring4
4. Negotiation1
5. Mediation/alternative dispute resolution0
6. Administrative hearings0
7. Litigation (including class actions)2
8. Systemic/policy activities5

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 41
2. 5 - 229
3. 23 - 5948
4. 60 - 6410
5. 65 and over20

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females35
2. Males53

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 Native9
3. Asian0
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander0
6. White70
7. Two or more races3
8. Race/ethnicity unknown4

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent44
2. Parental or other family home10
3. Community residential home0
4. Foster care0
5. Nursing home1
6. Public institutional living arrangement12
7. Private institutional living arrangement0
8. Jail/prison/detention center18
9. Homeless0
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 impairment2
2. Deaf/hard of hearing5
3. Deaf-blind0
4. Orthopedic impairment32
5. Mental illness1
6. Substance abuse0
7. Mental retardation1
8. Learning disability5
9. Neurological impairment1
10. Respiratory impairment3
11. Heart/other circulatory impairment7
12. Muscular/skeletal impairment7
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability24

Part IV. Systemic Activities and Litigation

A. Systemic Activities

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

2. Number of individuals potentially impacted by policy changes0

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

N/A

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts1
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.

A 17 year-old boy with multiple severe disabilities was removed from his regular school by the school district and placed in the basement of a local church. In this setting, his services were reduced from a full day of semi-integrated instruction to two-hours of segregated instruction per day. The student deteriorated and was then placed in a psychiatric hospital for two weeks in October, 2014. As a result, the boy has received no educational services whatsoever for almost four years.

In 2016, DRM filed an IDEA “state complaint” with the Montana Office of Public Instruction (OPI). OPI determined that the district had denied, and was denying, the boy a free appropriate public education (FAPE) and ordered corrective action. However, the district never complied with the corrective action plan and the OPI never enforced its own order.

In October, 2017, after multiple demands that the district and OPI provide FAPE, the DRM attorney filed two lawsuits, and administrative “due process” complaint, and a state district complaint alleging discrimination, civil rights violations, and personal injury claims against the district, its superintendent, the OPI, the state superintendent of public instruction, and her special education administrators. During extensive pre-trial litigation, the OPI claimed that had not obligation to provide a FAPE to R.C. and the district maintained it was impossible to serve the boy in their small rural community. The only solution, the district and OPI alleged, was to involuntarily institutionalize the boy in an out-of-state residential facility. DRM attorney prosecuted the case and identified Dr. Helena Hukcabee, PhD, BCBA-D, a nationally recognized neuropsychologist and behaviorist out of Denver, CO., who not only conducted a comprehensive forensic neuropsychological evaluation concluding that the boy should not be institutionalized but developed and offered to implement a program for him in his home community.

The defendants tried everything to thwart the provision of services to the boy, including claiming the hearing officer was biased and filing for extraordinary writs before the Montana Supreme Court to try and stop the due process proceeding and remove the hearing officer.

The parties attended two separate mediations. At the end of the second, three-day mediation, the defendants finally entered into separate settlement agreements with R.C. and his mother. Under the terms of the settlement, the boy will receive approximately $950,000 in community-based compensatory services over a six-year period under the sole-direction and discretion of Dr. Huckabee. Additionally the boy’s mother will receive $35,000 in monetary damages for the violations of their rights. The defendants paid $181,000 to DRM, which included all of DRM’s expert witness fees and litigation costs, over $90,000 in attorney’s fees to DRM, and a substantial amount for our co-counsel’s attorney’s fees and costs.

The settlement DRM obtained for the student requires the development and implementation of an individualized program to improve his academic and functional life skills, including the effective use of assistive technologies that will assist the student in increasing his capacity for further education, employment and independent living. Additionally, assistive technology, such as the use of web-based telemedicine, will be utilized in the delivery of the services to the student, given his remote location. The use of these assistive technologies were critical in preventing the involuntary institutionalization of the student.

The settlement totaled over $1.1 million and is believed to be the largest special education settlement in Montana history.

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.

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:

Core Services

1. Identify and describe priority.

Disability Rights Montana will provide information, referral, and short-term assistance. DRM will develop and provide resource materials to people with disabilities, and assist people with disabilities to register to vote.

2. Identify the need, issue or barrier addressed by this priority.

People with disabilities face a lot of issues, both legal and technical, whose answers are not often generally available. We can serve as the resource to direct people with disabilities to the correct resources to get the right information.

3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

When we respond to each caller promptly and provide accurate and helpful information.

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. 304 Service Requests

6. Provide at least one case summary that demonstrates the impact of the priority.

Client is a single mother who has cerebral palsy and as a result experiences difficulty with mobility on uneven terrains. She requested for a housing transfer to a different city so that she could be in an apartment closer to her mother who was willing to assist her with her new baby and everyday errands. Apartment manager contacted to inform her that there was an available apartment however, it was not an accessible ground floor apartment. The manager also informed her that there was not an accessible apartment available. Client claimed the manager told her she would have to accept the non- accessible apartment now or waive her spot on the waiting list and the right to a ground floor. Manager reassured her that if she accepted the 2nd level apartment, client would be informed and have the first opportunity to move in when an accessible apartment became available.

Since she moved into the 2nd floor apartment, other tenants have moved out of the ground floor apartment and new tenants who don’t have physical disabilities have moved in. Client contacted Disability Rights Montana for assistance in navigating this issue.

A DRM advocate called and spoke with the manager and obtained copies of the policies. The advocate obtained clarification of policies and procedures that were relayed back to client. Advocate assisted client and requested a reasonable accommodation for an accessible apartment. Per the apartment building policy, after submitting the letter requesting a reasonable accommodation, the apartment manager is obligated to find an apartment that is accessible even if it is occupied by a non-disabled tenant. If an apartment is occupied by a non-disabled tenant the policy states the manager would have to issue an apartment transfer for the non-disabled tenant which would allow the client a ground floor apartment. Client was provided advocacy by DRM and was also provided the information and tools to self-advocate as it relates to housing in the future.

Discrimination, Employment, Benefits, and Voting

7. Identify and describe priority.

Disability Rights Montana will promote independent living, meaningful employment, and access to governmental services and programs and public accommodations, for people with disabilities.

8. Identify the need, issue or barrier addressed by this priority.

Unfortunately, some providers are still unaware of their responsibilities when it comes to accommodating their employees with disabilities.

9. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Our success is judged on the basis of the effectiveness of our advocacy, including not only the outcome of litigation but the change brought about by bringing attention to the particular discrimination issue.

10. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. N/A

11. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 11 Service Requests

12. Provide at least one case summary that demonstrates the impact of the priority.

Under this priority we helped individuals craft reasonable accommodation requests and develop a written record of what they believed to be discriminatory treatment. We also provided support to individuals who called us initially to file with the human rights bureau. One such individual was a fellow who had reasonable accommodations in place at work for an extended period of time. However, when the business was sold, the new owners had trouble with the accommodations, even though the manager who had been in the position prior to the sale was fine with them. He did not know whether there would be an issue, so we helped him document the current and past reasonable accommodations, ensured that he knew how to file at the human rights bureau if something adverse occurred, and provided a list of private attorneys as well. He did do those things to document his case and a local private attorney agreed to represent him

13. Identify and describe priority.

Challenge discrimination on the part of government entities, and ensure that people with disabilities enjoy equal access to all governmental benefits and services.

14. Identify the need, issue or barrier addressed by this priority.

State and local government does not consistently grant reasonable accommodations or otherwise offer services and benefits to people with disabilities without discrimination.

15. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Our success is judged on the basis of the effectiveness of our advocacy, including not only the outcome of litigation but the change brought about by bringing attention to the particular discrimination issue.

16. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. N/A

17. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 9 SRs; 3 Projects

18. Provide at least one case summary that demonstrates the impact of the priority.

Under this priority, we prepared a legal analysis for the independent living centers to include in a letter asking MT DPHHS not to go forward with an electronic visit verification system, which was required by the federal Cures Act. This electronic verification would collect information about the personal care attendant or other service provider, including where they are and where they travel throughout the day. Since these service providers are accompanying a person with a disability who is receiving these services, this tracking information would be collected about these Medicaid recipients as well.

Although these systems are an attempt to address fraud and abuse, there is no evidence that this is the only means by which the government could achieve its purpose. EVV gathers both too much and too little information. Although it would sufficiently track a person’s movements and learn a tremendous amount about where people go and what they do including the most intimate of services provided, it does nothing at all to prevent abuse or exploitation. EVV does not actually allow others to witness actions or intervene when abuse or exploitation is occurring. All EVV provides is after-the-fact information, only some of which is required to prevent fraud. This is the same information that is collected now from caregivers. An EVV system could accomplish a massive invasion of the privacy of people with disabilities and their care givers without protecting them any more than the current system.

We believe that this program does not meet constitutional muster under both the Fourth Amendment of the Constitution and the Montana Constitutional Right to Privacy. Gathering this information constitutes a search, and there is no compelling state interest that justifies this intrusion.

After the independent living centers submitted their letter, the Montana DPHHS agreed to delay implementation by another year. Soon after, the President signed legislation delaying Electronic Visit Verification (or “EVV”) requirement from the 21st Century Cures Act, which was set to be implemented on January 1, 2019.

19. Identify and describe priority.

Challenge discrimination on the part of places of public accommodation and ensure that people with disabilities enjoy equal access, particularly physical access, to places of public accommodation.

20. Identify the need, issue or barrier addressed by this priority.

Public accommodations do not consistently grant reasonable accommodations or otherwise offer services and benefits to people with disabilities without discrimination.

21. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Our success is judged on the basis of the effectiveness of our advocacy, including not only the outcome of litigation but the change brought about by bringing attention to the particular discrimination issue.

22. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. N/A

23. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 5 SRs ;1 Project

24. Provide at least one case summary that demonstrates the impact of the priority.

Under this priority, we had comprehensive brush up and new trainings for our unit staff regarding how to conduct accessibility surveys. Soon after, both staff engaged in multiple surveys of private businesses to inform them as to their compliance (or lack thereof) with the ADA guidelines.

We also aided a tenant with a disability who needed to document his disability to ask for an accessible parking space.

Education

25. Identify and describe priority.

Disability Rights Montana will protect the rights of students with disabilities to access educational programs, services, activities, and benefits free from discrimination on the basis of disability and to receive a free and appropriate public education.

26. Identify the need, issue or barrier addressed by this priority.

We need to continue our involvement in communities to advocate for effective educational and transition processes for students with disabilities.

27. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Our success is measured by the effectiveness of our advocacy and the engagement of community members in accomplishing reform.

28. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

PLUK (Parents Let’s Unite for Kids) is a common collaborator.

29. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 11 SRs; 6 Projects

30. Provide at least one case summary that demonstrates the impact of the priority.

DRM continues to update and maintain a special education website and Student Rights Handbook which provides extensive coverage of student rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). The information presented includes coverage on AT assessments and the provision of AT under IDEA and Section 504.

Outreach

31. Identify and describe priority.

Disability Rights Montana will promote disability rights and awareness and keep the public informed of its activities.

32. Identify the need, issue or barrier addressed by this priority.

Often people with disabilities and their families are not aware of the full panoply of services available to them. Outreach to the community is a good way to accomplish this.

33. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

Often people with disabilities and their families are not aware of the full panoply of services available to them. Outreach to the community is a good way to accomplish this.

34. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. N/A

35. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 9 Projects

36. Provide at least one case summary that demonstrates the impact of the priority.

Staff drafted and designed pocket brochure titled "A Quick Guide to Service Animals”

We disseminated 4 quarterly e-newsletters to 2,651 subscribers

7- Outreach events

Policy

37. Identify and describe priority.

Disability Rights Montana will promote policies, statutes, and regulations in the State of Montana that are reflective and responsive of the equal, civil, and legal rights of people with disabilities.

38. Identify the need, issue or barrier addressed by this priority.

People with disabilities are affected by changes in state law and policy. This happens both intentionally and it happens somewhat inadvertently, through measures that have unintended consequences for people with disabilities. To help the greatest number of people with disabilities and to hopefully avoid or prevent problems brought about by policy change.

39. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.

The primary indicators of success is our timely response to issues when raised and the change we can effect through our advocacy.

40. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.

41. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.

42. Provide at least one case summary that demonstrates the impact of the priority.

Under this priority, we monitored, protested and strategized against crushing cuts to Medicaid service reimbursement rates in Montana. We held regular meetings of a great swath of Medicaid advocates to address each new cut that was adopted in administrative law and through cancellation of contracts. We worked to get strong press coverage of the impact of the cuts and brought advocates, recipients of services and providers together to challenge a 2.99% Medicaid rate cut as well as a 58% cut to psychiatric targeted case management, which were enacted through state administrative rules. The Department failed to comply with the Montana Administrative Procedure Act, and we sought an injunction to stop the continuation of the cuts. This was granted by a district court and recently dismissed as the Department enacted a rule to restore the 2.99% cut after we filed suit.

Interim voting policy: Under this priority, we participated in an interim study regarding the current use of accessible voting machines and the actions that could or should be taken to accommodate new machines, given the age of the current technology. As a part of this study, we provided legal information regarding the state and federal requirements for accessible voting technology to ensure that voting is private and independent, we had a specialist on accessible voting technology from our national office brief the committee on the current developments in accessible voting technology, and fielded many questions about initiatives that would benefit voters with disabilities. The result of this process and the information it revealed about the lack of accessible voting in some election in Montana was the development of a committee bill, supported by all of the State Administration and Veterans’ administration committee to have an in depth study of the lack of accessible voting throughout the state and the solutions necessary to correct this. It will be presented during the 2019 legislative session and if it passes, the study will occur in the interim between the 2019 and 2021 sessions.

We also worked on an interdisciplinary committee to study our state guardianship laws. This included attorneys, advocates, guardians, and judges. One outcome of this committee work is to endorse the adoption of the Uniform Law commission’s new guardianship law proposal for the next legislative session to consider.

Civil Rights

43. Identify and describe priority.

Disability Rights Montana will increase protection and recognition of the rights of people with disabilities through advocacy and/or legal representation.

44. Identify the need, issue or barrier addressed by this priority.

At times, a case will present itself that does not fit with Disability Rights Montana’s current priorities and we must be able to respond.

45. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority. N/A

46. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration. N/A

47. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions. 0 SR; 0 Projects

48. Provide at least one case summary that demonstrates the impact of the priority. No funds were expended under this priority.

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.

Core Services

1. a statement of each priority;

Disability Rights Montana will provide information, referral, and short-term assistance. DRM will develop and provide resource materials to people with disabilities, and assist people with disabilities to register to vote.

2. the need addressed by each priority; and;

Provide reliable, timely information and referral services to all callers, and short term assistance for non-priority issues to eligible persons with disabilities.

3. a description of the activities to be carried out under each priority.

We will continue to address concerns through our intake process under this priority, which involves ensuring that we provide accurate and timely referral information that is appropriate to their particular situation.

Abuse and Neglect

1. a statement of each priority;

Disability Rights Montana will protect people with disabilities living in community settings from abuse and neglect, violation of civil rights, and protect their right to receive appropriate services in the least restrictive environment.

2. the need addressed by each priority; and;

Respond to abuse and neglect allegations of people with disabilities living in the community that are not PADD or PAIMI eligible.

3. a description of the activities to be carried out under each priority.

To be able to investigate allegations of abuse/neglect of people with disabilities living in community services.

Discrimination, Employment, Benefits, and Access

1. a statement of each priority;

Disability Rights Montana will promote independent living, meaningful employment, and access to governmental services and programs and public accommodations, for people with disabilities.

2. the need addressed by each priority; and;

In order for people to live independently and to be able to work, they often need accommodations to be successful.

3. a description of the activities to be carried out under each priority.

Activities carried out include investigations, advocacy, filing administrative complaints, lawsuits and appeals.

1. a statement of each priority;

Challenge discrimination on the part of government entities, and ensure that people with disabilities enjoy equal access to all governmental benefits and services.

2. the need addressed by each priority; and;

We find that government entities still do not always grant reasonable accommodations or offer other services and benefits to people with disabilities.

3. a description of the activities to be carried out under each priority.

Activities carried out include investigations, advocacy, filing administrative complaints, lawsuits and appeals.

1. a statement of each priority;

Challenge discrimination on the part of places of public accommodation and ensure that people with disabilities enjoy equal access, particularly physical access, to places of public accommodation.

2. the need addressed by each priority; and;

Public accommodations still do not treat their customers with disabilities in a non-discriminatory manner.

3. a description of the activities to be carried out under each priority.

Activities carried out include investigations, advocacy, filing administrative complaints, lawsuits and appeals.

Education

1. a statement of each priority;

Disability Rights Montana will protect the rights of students with disabilities to access educational programs, services, activities, and benefits free from discrimination on the basis of disability and to receive a free and appropriate public education.

2. the need addressed by each priority; and;

Ensuring students with disabilities can access a free appropriate public education without discrimination in accordance with state and federal law.

3. a description of the activities to be carried out under each priority.

Depending on case needs and resource availability, the full range of legal and advocacy tools will be utilized to protect the rights of students with disabilities, including informal negotiation, medication, administrative complaints and litigation.

Outreach

1. a statement of each priority;

Disability Rights Montana will promote disability rights and awareness and keep the public informed of its activities.

2. the need addressed by each priority; and;

People with disabilities are not aware of the types of services available to them. Outreach to the community is a good way to accomplish this. Disability Rights Montana utilizes electronic media as it is an increasingly popular means of communication.

3. a description of the activities to be carried out under each priority

People with disabilities are not often aware of the full range of services available to them. Outreach to the community is one way to overcome this.

Policy

1. a statement of each priority;

Disability Rights Montana will promote policies, statutes, and regulations in the State of Montana that are reflective and responsive of the equal, civil, and legal rights of people with disabilities.

2. the need addressed by each priority; and;

People with disabilities are affected by changes in law and policy. In measures with broad application that often have disproportionate effects upon the disability community. To help the greatest number of people with disabilities and to hopefully avoid or prevent problems brought about by policy changes, it can be advantageous to participate when these issues are being considered and debated.

3. a description of the activities to be carried out under each priority.

In this priority, we inform administration officials and others about the impact of rules, practices and procedures on people with disabilities.

Civil Rights

1. a statement of each priority;

Disability Rights Montana will increase protection and recognition of the rights of people with disabilities through advocacy and/or legal representation.

2. the need addressed by each priority; and;

Some cases, such as constitutional claims, that may not fit under the priorities we have established each year. Under this priority we are allowed to address these issues when they have the potential to change the law in a way that will affect more persons that the client in the matter or to have other far reaching benefits for people with disabilities.

3. a description of the activities to be carried out under each priority.

We investigate, draft legal memos or reports and litigate under this priority.

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

Source of Funding Amount Received Amount Spent

Federal (section 509) $191,181 $191,181

State $0 $0

Program income $0 $0

Private $0 $0

All other funds $0 $0

Total (from all sources) $191,181 $191,181

B. Budget for the fiscal year covered by this report

Category FY18 Budget

Wages/salaries $109,347

Fringe benefits (FICA, unemployment, etc.) $38,803

Materials/supplies $3,454

Postage $512

Telephone $1,663

Occupancy $13,433

Travel $5,838

Copying $1,000

Bonding/insurance $1,279

Equipment (rental/purchase) $6,652

Legal Services $2,000

Indirect costs $4,255

Miscellaneous $3,079

Total Budget $191,315

C. Description of PAIR staff (duties and person-years)

Type of Position FTE % of year filled Person-years

Professional

Full-time 1.88 100 12

Part-time 0.16 100 1

Vacant

Clerical

Full-time 0.30 100 3

Part-time

Vacant

D. Involvement with advisory boards. N/A

E. Grievances filed under the grievance procedure. 0

F. N/A

Certification

Signed?Yes
Signed ByBernadette Franks-Ongoy
TitleExecutive Director
Signed Date11/15/2018