RSA-227 for FY-2018: Submission #1042

State name New York

Report through date 9/30/2018

General Information

Designated Agency Identification

Name Disability Rights New York (DRNY)

Address 725 Broadway

Address Line 2 Suite 450

City Albany

State NY

Zip Code 12207

E-mail Address mail@drny.org

Website Address http://www.drny.org

Phone (518) 432-7861

TTY (518) 512-3448

Toll-free Phone (800) 993-8982

Toll-free TTY (800) 993-8982

Fax (518) 427-6561

Operating Agency (if different from Designated Agency)

Name Disability Rights New York (DRNY)

Address 725 Broadway

Address Line 2 Suite 450

City Albany

Zip Code 12207

State {Empty}

E-mail Address mail@drny.org

Website Address http://www.drny.org

Phone (518) 432-7861

TTY (518) 512-3448

Toll-free Phone (800) 993-8982

Toll-free TTY (800) 993-8982

Fax (518) 427-6561

Additional Information

Name of CAP Director/Coordinator Erica M. Molina, Esq.

Person to contact regarding report Erica M. Molina, Esq.

Contact Person Phone (518) 432-7861

Contact Person E-mail Address {Empty}

Part I. Non-case Services

A. Information and Referral Services (I&R)

1. Information regarding the vocational rehabilitation (VR) program 62

2. Information regarding independent living programs 3

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 2

5. Other information provided 12

6. Information regarding CAP 12

7. Total I&R services provided (Lines A1 through A6) 91

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 3

2. Number of individuals who attended these training sessions. 89

3. Describe training presented by the staff. Include the following information: **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.DRNY has been successful in conducting several trainings about the CAP program and other Rehabilitation Act-related programs and projects throughout FY 2018. These trainings covered several topics, including two trainings at the National Disability Rights Network (NDRN) Annual Conference: one about self-employment, and another about pursuing college and university sponsorship from VR agencies. DRNY also presented a training to NYSCB vocational rehabilitation counselors on engaging family members and significant others in the VR process. DRNY also conducted a CLE panel about the Americans with Disabilities Act (ADA), and presented on best practices in the interactive process and requests for reasonable accommodations in employment.DRNY has also presented on information and resources available through the P&A System and CAP. During these presentations, DRNY’s history and scope of services are explained, and questions from the audience are answered. Trainings have been targeted to community stakeholders who serve people with disabilities. Training audiences have included adults and youth with disabilities; their families; disability advocates; attorneys; and VR and ILC personnel.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. In FY 2018, DRNY continued its effort in conducting outreach and providing services to individuals in previously unserved or underserved groups. Outreach efforts during the year resulted in reaching a total of 1,927 individuals throughout New York State. Many of these efforts are related to the systemic projects described later in this report.DRNY continued to target the transition-age population to align with WIOA’s emphasis on pre-employment transition services (Pre-ETS) planning. DRNY conducted several outreaches, including at school-sponsored transition and college fairs; special needs and family support fairs; and Special Education PTA meetings. DRNY also conducted outreaches at community colleges, State University of New York (SUNY) colleges and universities and New York City University of New York (CUNY) systems. These combined efforts reached almost 750 people.DRNY also continued its focus of reaching those people with disabilities who work in sheltered workshops at a subminimum wage rate, to align with WIOA’s Section 511. DRNY developed training materials and other resources, and conducted site visits throughout FY 2018. DRNY provided several “Know your Rights” presentations to workers and employers at the workshops regarding VR employment services. DRNY conducted 11 site visits, and presented the training to 833 people. DRNY will continue this project in FY 2019.DRNY also conducted outreaches to community agencies and their constituents, including conducting outreaches to a stroke survivors’ support group (15 people), at a homeless services agency event (53 people), to a parent-to-parent group (10 people), and at a meeting of 50 Medicaid Service Coordinators (MSCs).

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 1

2. Articles about CAP Featured in Newspaper/Magazine/Journals 0

3. PSAs/Videos Aired about the CAP Agency 21

4. Publications/Booklets/Brochures Disseminated by the Agency 15750

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 8

6. Other 1

Please explain below 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’s information is provided to the public and groups within New York State. DRNY has targeted VR agencies and ILCs to disseminate information; these referral sources have produced many new referrals to DRNY. Referrals also come from stakeholders who participate with DRNY in various state councils, committees, and taskforces. In particular, DRNY is represented on both the ACCES-VR and NYSCB State Rehabilitation Councils. DRNY regularly updates both Councils on its programs; this has resulted in consistent requests for technical assistance, and also in information and referral (I&R) and case service requests.

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. N/A

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 64

2. Additional individuals who were served during the year 182

3. Total individuals served (Lines A1+A2) 246

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 22

5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.) 60

B. Problem areas

1. Individual requests information 7

2. Communication problems between individual and VR counselor 58

3. Conflict about VR services to be provided 170

4. Related to VR application/eligibility process 21

5. Related to assignment to order of selection priority category 0

6. Related to IPE development/implementation 11

7. Related to independent living services 2

8. Other Rehabilitation Act-related problems 3

C. Intervention Strategies for closed cases

1. Short Term Technical Assistance 43

2. Investigation/Monitoring 85

3. Negotiation 71

4. Mediation and other methods of Alternative Dispute Resolution 5

5. Administrative / Informal Review 7

6. Formal appeal / Fair Hearing 1

7. Legal remedy / Litigation 0

8. Total 212

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 98

2. Some issues resolved in individual's favor 26

3. CAP determines VR agency position/decision was appropriate for the individual 11

4. Individual's case lacks legal merit 4

5. Individual chose alternative representation 1

6. Individual withdrew complaint 37

7. Issue not resolved in clients favor 0

8. CAP services not needed due to individual's death, relocation, etc. 24

9. Individual not responsive/cooperative with CAP 11

10. CAP unable to take case due to lack of resources 0

11. Conflict of interest 0

12. Other 0

(Please explain below) N/A

E. Results achieved for individuals

1. Controlling law/policy explained to individual 88

2. Application for services completed 12

3. Eligibility determination expedited 1

4. Individual participated in evaluation 10

5. IPE developed/implemented/Services Provided 47

6. Communication re-established between individual and other party 32

7. Individual assigned to new counselor/office 14

8. Alternative resources identified for individual 7

9. ADA/504/EEO/OCR complaint made 0

10. Other 1

(Please explain below) DRNY represented one individual at an impartial hearing. The client sought reimbursement from ACCES-VR for his college expenses. DRNY was successful in its representation, and proved that ACCES-VR’s denial of college funding was inappropriate, and that the VR counselor did not engage in the IPE development process with the client. The impartial hearing officer awarded the client the full amount of money sought at the hearing, more than $1,200. The client was also invited to pursue college going forward, with ACCES-VR support.

Part III. Program Data

A. Age

1. Up to 18 6

2. 19 - 24 41

3. 25 - 40 46

4. 41 - 64 140

5. 65 and over 13

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 246

B. Gender

1. Females 120

2. Males 126

3. Total (Sum of Lines B1 and B2. Total must equal Part II Line A3.) 246

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 25

2. American Indian or Alaskan Native 0

3. Asian 10

4. Black or African American 59

5. Native Hawaiian or Other Pacific Islander 0

6. White 136

7. Two or more races 9

8. Race/ethnicity unknown 7

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 4

2. ADD/ADHD 10

3. AIDS/HIV 1

4. Amputations or Absence of Extremities 1

5. Arthritis or Rheumatism 4

6. Anxiety Disorder 6

7. Autism Spectrum Disorder 17

8. Autoimmune or Immune Deficiencies 2

10. Other visual impairments 6

11. Cancer 3

12. Cerebral Palsy 7

13. Deafness 8

14. Hard of Hearing/Hearing Impaired 5

16. Diabetes 1

17. Digestive disorders 2

18. Epilepsy 2

19. Heart and other circulatory conditions 4

20. Intellectual Disability 10

21. Mental illness 57

22. Multiple Sclerosis 3

23. Muscular Dystrophy 1

24. Muscular/Skeletal Impairment 13

25. Neurological Disorders/Impairment 11

26. Orthopedic impairments 25

27. Personality Disorders 0

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 25

31. Speech Impairments 2

32. Spina Bifida 0

33. Substance abuse 2

34. Other disability 4

35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.) 246

E. Types of Individuals Served

1. Applicant of VR 45

2. Individual eligible for VR services currently on a wait list 0

3. Individual eligible for VR services not currently on a wait list 197

4. Applicant or individual eligible for Independent Living 3

5. Transition student/High school student 4

6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act 4

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency. 0

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. ILC Networking & Relationship-Building: In FY 2018, DRNY began a project with the goal of networking with federally funded ILCs, and to ensure their applicants and clients knew about services available to them. DRNY contacted all federally funded ILCs in New York State. This effort resulted in eight outreach trainings to ILCs across the state. DRNY also established regular office hours at one ILC. DRNY obtained 4 new cases through the project. DRNY will continue to provide trainings and outreaches to ILCs and their clients, and continue to seek additional networking opportunities in FY 2019.Sub-Minimum Wage Workers: As detailed above, DRNY targeted outreach and training to workers who receive sub-minimum wages in sheltered workshop settings. DRNY will continue this work in FY 2019.Transition Population:DRNY remained focused on its efforts to better serve the Pre-ETS population. DRNY has attended several transition group meetings, transition fairs, and Special Education PTA events to further this goal. This effort resulted in 4 transition-aged youth being served by DRNY.CAP Program Priorities: In FY 2018, DRNY developed 14 CAP program priorities. One new priority focuses on serving those who are seeking vocational and trade school training. The other new priority focuses on supporting individuals with accessing their VR case records in an accessible and timely manner. 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. Priorities are also used to identify and monitor systemic problems. DRNY will use these CAP priorities (copied below) in the coming fiscal year to inform its future advocacy efforts.Priority I: 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 VR agencies, with particular attention to individuals in underserved populations.Priority II: Advocate for those who are in the Individualized Plan for Employment (IPE) development stage of the VR process in an effort to ensure a timely and suitable employment goal consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals, with particular attention to individuals in underserved populations.Priority III: Advocate for those who are seeking to establish or reestablish communication and/or a productive working relationship with their vocational rehabilitation counselor (VRC), with particular attention to individuals in underserved populations.Priority IV: Advocate for the provision of pre-employment transition services (Pre-ETS) for students with disabilities who r

B. Litigation

a. Number of cases requiring litigation involving individual representation filed during fiscal year. 0

b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year). 0

c. Number of cases resolved through litigation during fiscal year. 0

2. Describe the agency's on-going and completed systemic litigation activities involving individual representation. DRNY did not have any systemic litigation activity involving individual representation. Instead, DRNY’s efforts to resolve disputes using alternative methods were very successful. DRNY participated in informal meetings, written and in-person negotiations, administrative reviews, and mediation, to successfully represent its clients. DRNY also was successful representing a client at an ACCES-VR impartial hearing.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option): External-Protection and Advocacy agency

2. Name of designate agency: Disability Rights New York

3. Is the designated agency contracting CAP services? No

4. If yes, name of contracting agency: N/A

B. Staff Employed

1. Provide a description of all CAP positions <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">8.58</td></tr><tr><td style="text-align:left">Full-time</td><td style="text-align:right">8.58</td><td style="text-align:right">100%</td><td style="text-align:right">8.58</td></tr><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><tr><td style="text-align:left">Vacant</td><td style="text-align:right">0</td><td style="text-align:right">0</td><td style="text-align:right">0</td></tr><tr><td style="text-align:left">Clerical</td><td style="text-align:right">2.16</td></tr><tr><td style="text-align:left">Full-time</td><td style="text-align:right">2.16</td><td style="text-align:right">81%</td><td style="text-align:right">1.75</td></tr><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><tr><td style="text-align:left">Vacant</td><td style="text-align:right">0.41</td><td style="text-align:right">19%</td><td style="text-align:right">0.38</td></tr></tbody></table>Professional FTEDRNY paid 18 professional staff in the 2018 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 18 professional EE’s equate to 8.58 FTE. During FY 2018, 100% of the full time professional positions were filled for 12 months equating to 8.58 person years. The vacancies for FY 2018 equate to 0% of the positions unfilled. DRNY did not have any part time professional employees during FY 2018.Clerical FTEDRNY paid 15 clerical staff in the 2018 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 15 EE’s equate to 2.16 FTE. During FY 2018, 81% of the full time positions were filled for 12 months equating to 1.75 person years. The vacancies for FY 2018 equate to 19% of the positions unfilled which equals .41 FTE’s totaling .38 person years. DRNY did not have any part time clerical employees during FY 2018."

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. 1. DRNY represented a 51-year-old woman with orthopedic and physical impairments. ACCES-VR had repeatedly delayed making a decision on supporting this client’s self-employment plan toward becoming a beauty product salesperson. DRNY helped this client navigate the self-employment process with ACCES-VR. DRNY’s negotiations with ACCES-VR ultimately resulted in approval of her self-employment plan. ACCES-VR also authorized the purchase of a laptop and more than $8,000 worth of funding toward website development and computer training.2. DRNY represented a 23-year-old man with obsessive compulsive disorder (OCD). Manifestations of this client’s OCD, noted in a diagnostic vocational evaluation in which he participated, led ACCES-VR to determine he was too severely disabled to benefit from VR services, and closed his case. DRNY represented the client at administrative review, and then at mediation. The meditation resulted in the client receiving a new situational assessment evaluation. Throughout the case, DRNY also assisted the client in developing his self-advocacy skills.3. DRNY represented a 50-year-old man who requested assistance in determining the status of his case with his local Independent Living Center (ILC). The client reached out to DRNY after several months of lack of communication from his ILC advocate. By working with DRNY, the client was able to successfully reestablish communication with his ILC advocate. DRNY was also able to assess and explain the status of the client’s ILC case, so that he had a better understanding of what services the ILC was providing him.4. DRNY represented a 66-year-old man with epilepsy, bipolar disorder, and venous insufficiency. Once his venous insufficiency affected his work as a baker, the client approached his vocational rehabilitation counselor (VRC) with the desire to return to college. The VRC requested additional information as per ACCES-VR’s college policy and procedure. The client timely provided ACCES-VR with all documentation requested. After no contact from the VRC for months, the client inquired on the status of approval for his college funding. The VRC denied support for the man’s education, and did so just before the college semester began. The client’s family paid the cost out-of-pocket so that he would not lose his slot, and the client filed for impartial hearing. DRNY was successful in representing the client, and proved that ACCES-VR’s denial of college funding was inappropriate, and that the VR counselor did not engage in the IPE development process with the client. The impartial hearing officer awarded the client the full amount of money he had paid, $1,239.94.5. DRNY represented a set of 20-year-old female twins, each with specific learning disabilities. Both clients were attending college and were receiving full college sponsorship from ACCES-VR in 2017. They were then informed that effec

Certification

Approved

Name of Designated Agency Official Erica M. Molina, Esq.

Title of Designated Agency Official CAP Director

Date Signed 2018-12-20

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