RSA-227 for FY-2016: Submission #927

New York
9/30/2016
General Information
Designated Agency Identification
Disability Rights New York (DRNY)
725 Broadway
Suite 450
Albany
NY
12207
http://www.drny.org
(800) 993-8982
(800) 993-8982
Operating Agency (if different from Designated Agency)
Disability Rights New York (DRNY)
725 Broadway
Suite 450
Albany
12207
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mail@drny.org
http://www.drny.org
(800) 993-8982
(800) 993-8982
Additional Information
Erica M. Molina, Esq.
Erica M. Molina, Esq.
(518) 432-7861
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Part I. Non-case Services
A. Information and Referral Services (I&R)
51
3
0
1
26
10
91
B. Training Activities
4
121
<p><em>**Note** Note: In New York, the state vocational rehabilitation agencies are the New York State Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR) and the New York State Commission for the Blind (NYSCB). The former is a general VR agency serving people with all disabilities except blindness, while the latter is a VR agency only serving those who are blind.</em></p><p><p>DRNY has been successful in conducting several trainings about the CAP program and other Rehabilitation Act-related programs and projects throughout FY 2016. DRNY continues to attend staff meetings at ACCES-VR and NYSCB agency district offices and satellite offices with the goal of educating the attendees about the P&A system, the CAP program, and DRNYs priorities. The attendees at these meetings have included VR counselors, senior VR counselors, directors of counseling, district office managers, and statewide-level VR administrative staff.</p><p><p>DRNY also conducted trainings in other venues. These trainings covered several topics, including information and resources available through the P&A and CAP system. During these presentations, DRNYs history and scope of services were explained, and questions from the audience were answered. The audiences at these trainings included adults and youth with disabilities; their families; disability advocates; attorneys; and NYS Department of Labor, VR, and ILC personnel.</p><p>
C. Agency Outreach
<p>DRNY has made a great effort in conducting outreach and providing services to individuals in previously unserved or underserved groups. These efforts include maintaining and strengthening its relationship with the two tribal VR councils in the state: the Seneca Nation of Indians Tribal VR Program and the St. Regis Mohawk Tribe (SRMT) VR Program. DRNY continued its tradition of conducting outreach at SRMTs Annual Disability Awareness Day event, which 220 people attended in FY 2016.</p><p><p>DRNY is represented on both the ACCES-VR and NYSCB State Rehabilitation Councils. DRNY is likewise represented on the Advisory Council on Postsecondary Education for Students with Disabilities. The Council is overseen by the NYS Education Department and its efforts are directly in line with working to increase and improve the opportunities available to the transition-age and postsecondary student population.</p><p><p>DRNY has also been focusing its efforts on those people with disabilities who work in sheltered workshops at a subminimum wage rate. DRNY staff conducted outreach at these workshops and will be organizing further outreach efforts within the agency for FY 2017.</p><p><p>DRNY continued its extensive outreach to the transition-age population in light of the Workforce Innovation and Opportunity Acts emphasis on pre-employment transition planning. DRNY conducted several outreaches targeting this population. Such events have been held at school-sponsored transition and college fairs; special needs and family support fairs; and Special Education PTA meetings.</p><p>
D. Information Disseminated To The Public By Your Agency
0
0
0
884
9
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<p>DRNY has worked to make sure that the agency is recognized as a resource for people with disabilities seeking services under the Rehabilitation Act. This includes disseminating brochures and other resources to clients, the public, and stakeholders. DRNY&rsquo;s Intake Specialists also provide information to the public. DRNY&rsquo;s information is also provided to the public by VR agencies and ILCs, resulting in many new referrals from these and other organizations.</p><p><p>***Note that Items 1 thru 3 directly above are the numbers reported by CAP only. The numbers are higher if all other DRNY programs are taken into account as well.***</p><p>
E. Information Disseminated About Your Agency By External Media Coverage
<p>N/A</p><p>
Part II. Individual Case Services
A. Individuals served
154
235
389
33
93
B. Problem areas
14
124
203
41
0
29
5
6
C. Intervention Strategies for closed cases
112
73
131
8
5
1
330
D. Reasons for closing individuals' case files
120
51
27
8
2
54
0
44
22
1
0
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<p>1 (one) other:<i> DRNY obtained a successful outcome at mediation, but the client then changed his mind and requested an impartial hearing, against DRNY advice, thus nulling the mediation results.</i></p><p><p>***Note on Lack of Resources*** Client sought representation at her upcoming impartial hearing. DRNY declined due to lack of staff resources at the time. Short-term technical assistance was provided to the client to help her prepare for her impartial hearing, in the event she chose to pursue it pro se.</p><p>
E. Results achieved for individuals
128
20
4
17
63
55
26
13
0
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<p>4 (four) Other:</p><p><p>----------------</p><p><p>1. DRNY was unable to communicate effectively or productively with the client, who refused to discuss his impartial hearing issues in substance. DRNY was unable to properly assess the matter for potential representation.</p><p><p><i>2. </i>Client requested that DRNY help close her VR case. It was closed, and DRNY also confirmed her Ticket to Work was unassigned from VR.</p><p><p><i>3. </i>DRNY agreed to represent the client for an impartial hearing. Before the hearing, DRNY obtained a settlement for him, to which he agreed.</p><p><p><i>4. </i>The clients ACCES-VR case was closed and his Ticket to Work was unassigned from the VR agency, as requested.</p><p>
Part III. Program Data
A. Age
8
47
99
215
20
389
B. Gender
172
217
389
C. Race/ethnicity of Individuals Served
45
2
15
111
0
196
13
7
D. Primary disabling condition of individuals served
10
5
9
3
1
5
23
4
12
5
3
14
21
8
0
4
1
2
4
18
106
3
3
7
15
53
1
1
0
37
1
0
6
4
389
E. Types of Individuals Served
99
0
291
11
1
7
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
<p><b><u>Sub-Minimum Wage Workers</u></b>: DRNY continued to perform walkthroughs and outreaches to sheltered workshops into FY 2016. In keeping with WIOA&rsquo;s amendments to the Rehabilitation Act and its corresponding federal regulations, which became effective in September 2016, DRNY began meeting with VR agencies and also collaborating internally to execute more extensive outreach activity to this population.</p><p><p><b><u>State &amp; City Universities</u></b>: DRNY began an outreach campaign to all Disability Services Offices in the SUNY/CUNY system (comprised of all the NY State- and NYC-run colleges and universities). DRNY has successfully conducted several outreaches to these schools, thus furthering its exposure to youth and the college and university student population, in particular. This endeavor will continue in the coming fiscal year.</p><p><p><b><u>Pre-Employment Transition</u></b>: DRNY has remained focused on its efforts to better serve the pre-employment transition population, in keeping with WIOA&rsquo;s emphasis on the group. DRNY has attended several transition group meetings, transition fairs, and Special Education PTA events to further this mission. Also, the CAP Director Chairs the Data Collection Committee of the Advisory Council on Postsecondary Education for Students with Disabilities, a group aimed at formally submitting recommendations to the State Education Department and VR agencies on better tracking of the successes of students with disabilities, from primary education, thru the transition period, to employment.</p><p><p><b><u>ILC Grievance Policies</u></b>: DRNY also has reached out to all federally funded ILCs in the state to ensure that their grievance policies contain the most up-to-date information to obtain the CAP services for which an ILC applicant or client may be eligible. This project has a second objective as well, and staff have been able to network with the ILCs around the state, and outreaches by DRNY have been conducted as a result.</p><p><p><b><u>Priorities</u></b>: DRNY developed 12 CAP program priorities to be in effect from FY 2016 thru FY 2018. With these priorities, DRNY has been able to focus its resources on certain substantive areas while providing the public with a clear articulation of issues with which DRNY might be able to assist. They help in identifying and monitoring systemic problems as well. This latest set of priorities include two new priorities added since FY 2015: one pertaining to the (re)establishment of working relationships between VR counselors and their clients, as well as another focusing on those who are paid subminimum wage. DRNY will continue to use these CAP priorities (copied below) in the coming fiscal year to inform its advocacy efforts.</p><p><p>Priority I</p><p><p>Advocate for those who are in the process of applying for Vocational Rehabilitation (VR) services while ensuring the legal standards for findings of eligibility and ineligibility are maintained by the
B. Litigation
0
0
0
<p>DRNY did not have any systemic litigation activity involving individual representation. Instead, DRNYs efforts to resolve disputes using alternative methods were very successful. DRNY participated in informal meetings, written and in-person negotiations, and mediation, to successfully represent its clients.</p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights New York
No
N/A
B. Staff Employed
<p><p><table cellspacing=0" cellpadding="0" border="0"><thead><tr><th width="156">Type of position</th><th width="104">Full-time equivalent</th><th width="118">% of year position filled</th><th width="90">Person-years</th></tr></thead><tbody><tr><td style="text-align:left">Professional</td><td style="text-align:right">7.77</td></tr><p><tr><td style="text-align:left">Full-time</td><td style="text-align:right">6.92</td><td style="text-align:right">89%</td><td style="text-align:right">6.84</td></tr><p><tr><td style="text-align:left">Part-time</td><td style="text-align:right">0</td><td style="text-align:right">0</td><td style="text-align:right">0</td></tr><p><tr><td style="text-align:left">Vacant</td><td style="text-align:right">0.85</td><td style="text-align:right">11%</td><td style="text-align:right">0.85</td></tr><p><tr><td style="text-align:left">Clerical</td><td style="text-align:right">0.90</td></tr><p><tr><td style="text-align:left">Full-time</td><td style="text-align:right">0.83</td><td style="text-align:right">92%</td><td style="text-align:right">0.83</td></tr><p><tr><td style="text-align:left">Part-time</td><td style="text-align:right">0</td><td style="text-align:right">0</td><td style="text-align:right">0</td></tr><p><tr><td style="text-align:left">Vacant</td><td style="text-align:right">0.07</td><td style="text-align:right">8%</td><td style="text-align:right">0.07</td></tr><p></tbody></table><p></p><p><p><i><u>Professional FTE</u></i></p><p><p>DRNY paid 14 professional staff in the 2016 fiscal year from Section 112 funds. Allowing for the timing of hires during the year as well as the percentage of indirect staff time allocated to Section 112 funds the 14 professional EEs equate to 7.77 FTE. During FY 2016, 89% of the full time professional positions were filled for 12 months equating to 6.84 person years. The vacancies for FY 2016 equate to 11% of the positions unfilled. DRNY did not have any part time professional employees during FY 2016.</p><p><p><i><u>Clerical FTE</u></i></p><p><p>DRNY paid 12 clerical staff in the 2016 fiscal year from Section 112 funds. Allowing for the timing of hires during the year as well as the percentage of indirect staff time allocated to Section 112 funds the 12 EEs equate to .90 FTE. During FY 2016, 92% of the full time positions were filled for 12 months equating to .83 person years. The vacancies for FY 2016 equate to 8% of the positions unfilled which equals .07 FTEs totaling .07 person years. DRNY did not have any part time clerical employees during FY 2016.</p><p>"
Part VI. Case Examples
Case Examples
<p><b><i>***Note*** DRNYs FY 2015 number reported for individuals who were being served as of September 30, 2015 (reported in FY 2015s RSA-227 in response II.A.5.) does not match the FY 2016 reported number for individuals still being served as of October 1, 2015 (reported in this report at II.A.1.). This is due to changes during the 2016 fiscal year to certain service requests by which some case services were reclassified as I&Rs, and vice versa, based on activity or outcome. The numbers reported on this report are accurate as of October 1, 2016.***</i></b></p><p><p>DRNY represented a 47-year-old man with mental illness. The client had issues in communicating with his VR counselor. As an assistant college professor, he sought financial assistance to attend writing classes so that he could earn tenure at his college. DRNY represented the client in negotiations, after which ACCES-VR agreed to continue his supports through the 2016-2017 academic year. ACCES-VR also agreed to vendorize the clients chosen vocational training program for academic researchers so he could continue his education and writing skills.</p><p><p>DRNY represented a 27-year-old woman with an eating disorder, learning disorder, and anxiety. She wanted to reestablish communication with her VR counselor and was also seeking assistance in advocating for graduate school sponsorship through ACCES-VR. The client aspired to be a Clinical Psychologist and was a senior in college. ACCES-VR denied the client graduate school support, citing her cognitive and neuropsychological abilities to complete such a program. Another reason for the denial was based upon the clients lower grades earlier in her academic career, before proper diagnosis and treatments for her disabilities were established. She was a student on the Deans List at the time of DRNYs intervention. DRNY advised the client on self-advocacy skills and negotiated on her behalf with ACCES-VR. She was eventually granted full graduate school sponsorship, including books and tuition.</p><p><p>DRNY represented a 52-year-old man with HIV/AIDS. Before DRNYs intervention, an initial attempt at an ACCES-VR case, in which nursing training was approved for the client, was unsuccessful. The client was unable to attend his approved training due to personal matters. The client later reapplied for services and was assigned a new counselor. His new counselor insisted that the client was job ready and additional training was not necessary for the client to gain competitive employment. ACCES-VR claimed that his desired IPE goal of Radiology Technician was inappropriate due to physical limitations in his file. The client produced medical records that indicated that he was able to perform all essential duties. DRNY then successfully countered the VR counselors assertions that the client pursue the IPE goal of Medical Assistant. The client was finally approved for sponsorship toward his chosen IPE goal. His supports included tuition, boo
Certification
Approved
Erica M. Molina, Esq.
CAP Director
2016-12-22
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