RSA-227 for FY-2018: Submission #1042

New York
9/30/2018
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
{Empty}
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
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
62
3
0
2
12
12
91
B. Training Activities
3
89
<p><em>**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 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.</p><p><p>DRNY has also presented on information and resources available through the P&amp;A System and CAP. During these presentations, DRNY&rsquo;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.</p><p>
C. Agency Outreach
<p>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.</p><p><p>DRNY continued to target the transition-age population to align with WIOA&rsquo;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.</p><p><p>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&rsquo;s Section 511. DRNY developed training materials and other resources, and conducted site visits throughout FY 2018. DRNY provided several &ldquo;Know your Rights&rdquo; 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.</p><p><p>DRNY also conducted outreaches to community agencies and their constituents, including conducting outreaches to a stroke survivors&rsquo; 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).</p><p>
D. Information Disseminated To The Public By Your Agency
1
0
21
15750
8
1
<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 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&amp;R) and case service requests.</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
64
182
246
22
60
B. Problem areas
7
58
170
21
0
11
2
3
C. Intervention Strategies for closed cases
43
85
71
5
7
1
212
D. Reasons for closing individuals' case files
98
26
11
4
1
37
0
24
11
0
0
0
<p>N/A</p><p>
E. Results achieved for individuals
88
12
1
10
47
32
14
7
0
1
<p>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&rsquo;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.</p><p>
Part III. Program Data
A. Age
6
41
46
140
13
246
B. Gender
120
126
246
C. Race/ethnicity of Individuals Served
25
0
10
59
0
136
9
7
D. Primary disabling condition of individuals served
4
10
1
1
4
6
17
2
10
6
3
7
8
5
0
1
2
2
4
10
57
3
1
13
11
25
0
0
0
25
2
0
2
4
246
E. Types of Individuals Served
45
0
197
3
4
4
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
<p><b><u>ILC Networking &amp; Relationship-Building: </u></b></p><p><p>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.</p><p><p><b><u>Sub-Minimum Wage Workers: </u></b></p><p><p>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.</p><p><p><b><u>Transition Population</u></b>:</p><p><p>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.</p><p><p><b><u>CAP Program Priorities</u></b><u>: </u></p><p><p>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.</p><p><p><b>Priority I: </b>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.</p><p><p><b>Priority II: </b>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.</p><p><p><b>Priority III: </b>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.</p><p><p><b>Priority IV:</b> Advocate for the provision of pre-employment transition services (Pre-ETS) for students with disabilities who r
B. Litigation
0
0
0
<p>DRNY did not have any systemic litigation activity involving individual representation. Instead, DRNY&rsquo;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.</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">8.58</td></tr><p><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><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</td><td style="text-align:right">0</td><td style="text-align:right">0</td></tr><p><tr><td style="text-align:left">Clerical</td><td style="text-align:right">2.16</td></tr><p><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><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">0.41</td><td style="text-align:right">19%</td><td style="text-align:right">0.38</td></tr><p></tbody></table><p></p><p><p><i><u>Professional FTE</u></i></p><p><p>DRNY 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&rsquo;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.</p><p><p><i><u>Clerical FTE</u></i></p><p><p>DRNY 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&rsquo;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&rsquo;s totaling .38 person years. DRNY did not have any part time clerical employees during FY 2018.</p><p>"
Part VI. Case Examples
Case Examples
<p>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&rsquo;s self-employment plan toward becoming a beauty product salesperson. DRNY helped this client navigate the self-employment process with ACCES-VR. DRNY&rsquo;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.</p><p><p>2. DRNY represented a 23-year-old man with obsessive compulsive disorder (OCD). Manifestations of this client&rsquo;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.</p><p><p>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&rsquo;s ILC case, so that he had a better understanding of what services the ILC was providing him.</p><p><p>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&rsquo;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&rsquo;s education, and did so just before the college semester began. The client&rsquo;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&rsquo;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.</p><p><p>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
Erica M. Molina, Esq.
CAP Director
2018-12-20
OMB Notice

OMB Control Number: 1820-0528, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0528. Note: Please do not return the completed form to this address.