RSA-227 for FY-2016: Submission #916

Alaska
9/30/2016
General Information
Designated Agency Identification
Alaska State Department of Education and Early Dev
801 West 10th Street, Suite 200
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Juneau
AK
99801-1894
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Operating Agency (if different from Designated Agency)
Disability Law Center of Alaska
3330 Arctic Blvd. #103
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Anchorage
99503
Alaska
akpa@dlcak.org
http://www.dlcak.org
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Additional Information
David Fleurant
Karen Tessandore
(907) 565-1002
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Part I. Non-case Services
A. Information and Referral Services (I&R)
8
1
1
1
5
9
25
B. Training Activities
0
0
<P><p>
C. Agency Outreach
For several months of FY16 we had a gap in CAP staffing, with one advocate departing and another coming on board and being trained. This affected our community outreach, but throughout FY16 we kept in close contact with DVR, TVR, and the Independent Living Centers by attending the following activities: <p><p>*State Vocational Rehabilitation Committee (SVRC) 1st quarter meeting in Anchorage; *1st quarter meeting with DVR chief of services; *Spoke with the Alaska Center for the Blind regarding concerns about DVR sending clients to out of state to receive training when services were offered here in Alaska; *SVRC 3rd quarter meeting in Sitka; *3rd Quarter meeting with DVR chief of services; *SVRC 4th quarter meeting in Anchorage; *Tribal Vocational Rehabilitation (TVR) meeting in Anchorage; and, *DVR Strategic Planning meeting to discuss annual strategic goals. <p><p>
D. Information Disseminated To The Public By Your Agency
0
0
0
6546
0
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<P><p>
E. Information Disseminated About Your Agency By External Media Coverage
<P><p>
Part II. Individual Case Services
A. Individuals served
2
3
5
1
3
B. Problem areas
0
4
3
0
0
0
0
0
C. Intervention Strategies for closed cases
4
0
0
0
0
0
4
D. Reasons for closing individuals' case files
1
0
1
2
0
0
0
0
0
0
0
{Empty}
<P><p>
E. Results achieved for individuals
2
0
0
0
0
0
1
0
1
{Empty}
The P&A provided technical assistance in the form of letting her know her option to extend the deadline to file an appeal, however, decided not to represent her in her appeal because her case did not have merit.) <p><p>
Part III. Program Data
A. Age
0
0
1
4
0
5
B. Gender
3
2
5
C. Race/ethnicity of Individuals Served
0
1
0
1
0
2
0
1
D. Primary disabling condition of individuals served
1
0
0
1
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
5
E. Types of Individuals Served
3
0
2
0
0
0
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
We continue to focus efforts this year on the Alaska Integrated Employment Initiative, the purpose of which is to prioritize employment as the first and preferred option for youth and young adults with intellectual and developmental disabilities across Alaska. A partnership consisting of the Governors Council on Disabilities and Special Education, the Division of Senior and Disabilities Services (SDS), the Division of Vocational Rehabilitation (DVR), the Department of Education and Early Development, Disability Law Center of Alaska (DLC a.k.a. the Alaska P&A), the Center for Human Development (CHD), and other community stakeholders, will address barriers and develop replicable, sustainable strategies using a threepronged approach: <p><p>1.Policy development that will focus on implementation of policy at all levels (legislative, regulatory, daytoday policies and procedures), including obtaining, allocating, or reallocating resources (people, time, money); 2.Capacity building that will focus on building knowledge, training, consultation and technical assistance, and peertopeer learning; and, 3.Resource leveraging that will include pooling of assets and resources, blending and braiding resources, and integrating IEI activities with other priorities and initiatives. <p><p>In support of this initiative in FY16, the Alaska P&A is conducting a comprehensive review of relevant Federal and State laws that govern the development and implementation of student transition plans. Legal authorities encompassed within the review would include the Individuals with Disabilities Education Act, Section 504 and other provisions of the Rehabilitation Act, the Workforce Innovation and Opportunity Act, the Americans with Disabilities Act, the Able Act, provisions of the Social Security Act that promote integrated employment (Medicaid, Ticket to Work, Pass Plans, etc.), Alaska statutes and regulations implementing and complementing these federal laws, and any case law interpreting these authorities. The review will generate a written analysis that will help guide the development of interagency agreements at the state and local level, as well as inform the development of transition activities in students Individual Education Plans. <p><p>Our effort will map the intersection of the eligibility criteria under the numerous laws impacting, either directly or indirectly, transition planning for students. As noted in the last report, this work is regularly influenced by external developments. Most recently, such influence was demonstrated by the joint announcement in August, 2016, by the U.S. Departments of Education and Labor of the publication in the Federal Register of five final rules implementing the Workforce Innovation and Opportunity Act, all with an effective date in September and/or October 2016. Additionally, on September 15, 2016 the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities issued
B. Litigation
0
0
0
<P><p>
Part V. Agency Information
A. Designated Agency
External-other nonprofit agency
State Department of Education and Early Development
Yes
Disability Law Center of Alaska
B. Staff Employed
The Alaska CAP utilizes several attorney and non-attorney advocates in three offices in the state to achieve statewide coverage. The P&As staffing arrangement provides for 1.06 full-time equivalent employees, with 8 employees in Anchorage (.99 FTE), 1 employee in Fairbanks (.05 FTE), and 1 employee in Juneau (.02 FTE). The advocates in Juneau and Fairbanks respond to I&R requests, provide individual advocacy assistance, and conduct outreach in their communities. In the Anchorage office, an Intake Specialist takes the initial call, obtains information and/or paperwork, and passes the matter on to the CAP advocates for assessment. Individuals seeking CAP services can do so by contacting any of the three offices or submit an email request. The Anchorage office also maintains a statewide toll-free 800 number for individuals outside of these three hub communities. <p><p>
Part VI. Case Examples
Case Examples
Favorable Outcome: A woman with a traumatic brain injury (TBI) contacted the Alaska P&As Client Assistance Program Client for help in resolving issues shed been having with her caseworker at the Alaska Division of Vocational Rehabilitation (DVR). Specifically, she wanted a new caseworker assigned who would be more supportive of her work goals. <p><p>The client wanted to pursue blue collar/trade type work, such as welding because she felt that the clerical work DVR was promoting hurt her back. Also, trade-type work was more challenging and beneficial for her after her brain injury. <p><p>In addition to her work goals not being supported, our client alleged that her caseworker was inappropriately sharing information with other individuals without consent. For example, in one instance the caseworker had copied three other individuals in a reply to an email sent by the client. It was also reported that the caseworker often pulled other people into discussions about the clients case, which caused the client to feel as if she could not trust the caseworker. After reviewing the records, we found that the caseworker had indeed been communicating with multiple individuals with no valid release to do so. We were also able to determine that the clients doctors agreed that pursuing a trade would be better for her, post-injury. With our help, the client obtained letters from her doctors, including her neurologist, explaining how her brain is now better equipped for working within the trades. <p><p>After joining our client at a meeting with the manager at DVR, they agreed to assign a new caseworker. Soon after, the client reported to us that she was beginning a welding apprenticeship and that she was very happy with that outcome. <p><p>Rights & Responsibilities Explained: Individuals requesting assistance from the P&A are sometimes best served by informing them of their rights and responsibilities and explaining some of the parameters of the DVR system. In one such case, a man with paraplegia contacted us for help regarding barriers to completing 3 trial work experiences (TWE) with DVR. He felt DVR was not adequately accommodating him when they refused requests to provide the following at one of his TWEs: * A change of working hours from morning to afternoon; * An every-other-day work schedule, instead of every day; * Bed to lie down on when he got tired that he could also use for catheter service; * a raised toilet seat installed in the TWE bathroom; and, * For DVR to pay cab fare if he needed to leave early. <p><p>Unfortunately, there was nothing in the physical capacities report to indicate that the individual required these accommodations. (In addition, the restroom at his TWE was fully accessible.) We advised him of the type of documentation he would need to back up his requests, for which he thanked us and decided to spend time considering his next steps. <p><p>
Certification
Approved
David Fleurant
Executive Director
2016-12-21
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