RSA-227 for FY-2019: Submission #1057

Hawaii
9/30/2019
General Information
Designated Agency Identification
HAWAII DISABILITY RIGHTS CENTER
1132 Bishop Street
Suite 2102
Honolulu
HI
96813
(800) 882-1057
(800) 882-1057
Operating Agency (if different from Designated Agency)
HAWAII DISABILITY RIGHTS CENTER
1132 Bishop Street
Suite 2102
Honolulu
96813
Hawaii
(800) 882-1057
(800) 882-1057
Additional Information
Louis Erteschik
Michael Rabanal
(808) 275-4013
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
0
0
0
0
0
9
9
B. Training Activities
11
146
<p>CAP staff monitored the Division of Vocational Rehabilitation&rsquo;s (DVR) Order Of Selection (OOS) and its effect on clients, particularly students transitioning from high school from the Department of Education (DOE), and their transition teachers. Monitoring activities also included Pre-Employment Training Services (Pre-ETS) under the Workforce Innovation and Opportunity Act (WIOA). Training also included Community Rehabilitation Programs (CRPs).</p><p><p>Three CAP Advocates from HDRC made the long journey to participate in the Annual NDRN/CAP training in Baltimore, Maryland in June of 2019.</p><p><p>CAP continued its orientation to new applicants of DVR for a total of 17 trainings, involving176 attendees. Training sessions included information on the Rehabilitation Act and DVR clients&rsquo; grievance and appeal rights. CAP plans to continue this effort during the next fiscal year.</p><p><p>HDRC&rsquo;s CAP Advocates continued to conduct trainings to high schools and charter schools throughout the state, including schools on Maui, Kauai and the Big Island of Hawaii. Students with Individualized Education Plans (IEPs), 504 plans and those aged 14 through 24 were prioritized for transition assistance. HDRC CAP staff attended quarterly meetings with 520 participants, including DVR Counselors, DOE transition staff, DOE teachers, Case Managers from the Developmental Disabilities Division, and staff from the University of Hawaii Center for Disabilities Studies (CDS). CAP continues to be invited to present its programs each quarter. As a result, referrals to intake are made to CAP as well as increased familiarity from these agencies with CAP. Different topics are covered at each meeting, including WIOA, IDEA and due process.</p><p><p>CAP trainings to DOE schools, charter schools and universities totaled 37 schools with a total of 239 participants. Outreach increased to middle schools throughout Hawaii to reach younger students (and parents) that should be planning for transition at an earlier age. Topics covered included client&rsquo;s rights, understanding of the Rehabilitation Act and Section 504, transitioning under the IDEA, and WIOA.</p><p><p>CAP serves as a representative member on the State Rehabilitation Council. CAP will continue participation in coordinated trainings with DVR and DOE staff next year and our agenda includes additional topics such as an overview of WIOA and appeal rights for individuals.</p><p>
C. Agency Outreach
<p><b><u>Overview of Diversification Activities</u></b></p><p><p>HDRC aims to employ the most culturally and linguistically appropriate methods for outreach by collaborating and co-learning with other community-based organizations and government agencies. It also intends to be consistently proactive in gathering information about disability rights and concerns from HDRC&rsquo;s prioritized populations.</p><p><p>HDRC continues to employ community outreach advocates such as Reinalyn Terrado and JanisMaria Chang (promoted to Intake Advocate during FY19) who are tailored to the needs of populations with racial and ethnic minority backgrounds like the Filipino communities, disadvantaged individuals with limited English proficiency such as Micronesians, and individuals from underserved geographic areas such as military communities or rural parts of the state. In many cases, Ms. Terrado and Ms. Chang target churches and church leaders, because the church serves as a social and cultural center for each underserved population, especially Koreans and Micronesians.</p><p><p>People with deafness and hard of hearing were also identified and targeted as another un- and underserved segment of our community. Advocate Carol Young is fluent in American Sign Language (ASL) and will use her professional and personal contacts in the deaf community to promote HDRC.</p><p><p><b><u>Enhanced Outreach to the Un- and Underserved</u></b></p><p><p>Regardless of the type of outreach activity, Advocates presented an entire set of HDRC&rsquo;s basic overview brochure translated into various languages (i.e. Tagalog, Ilokano, Chuukese, Marshallese, Spanish, Korean, etc.) to the person in charge of each outreach location. Each brochure was encased in a plastic sleeve and was intended as a presentation set, where a manager, church leader, case worker, doctor, or teacher could show a potential non-English speaking individual what HDRC does, and encourage them to contact us.<b><br></b></p><p><p><b><u>Diversification Highlights &amp; Comprehensive Outreach List</u></b></p><p><p>HDRC staff conducted in-service training at the Next Step Shelter on Pier 1 in the Kaka'ako area in Honolulu. The Next Step Shelter is home to over 200 unsheltered single people on Oahu.</p><p><p>With homeless families with children in mind, HDRC presented at a converted maintenance shed next to Kaka&rsquo;ako Waterfront Park in Honolulu, which now is the central office for the Family Assessment Center (FAC), a rapid re-housing project for Hawaii's homeless families. There were 11 families found in the 50 people there, primarily of Chuukese and Marshallese ethnicities. HDRC brochures were distributed in English, Tagalog, Ilokano, Spanish, Chuukese, and Marshallese languages.</p><p><p>During the past fiscal year, HDRC&rsquo;s diversification efforts entailed identifying leaders within the un- and underserved communities such as the Federated States of Micronesia (Chuuk, Pohnpei, Yap, Kosrae) communities, the Marshallese co
D. Information Disseminated To The Public By Your Agency
2
0
0
1811
1
0
<P><p>
E. Information Disseminated About Your Agency By External Media Coverage
<p>Name in the News: Louis Erteschik,k disability center advocate: Star-Advertiser, January 2019</p><p><p>Civil rights group calls for federal investigation of Hawaii's school suspensions: Star-Advertiser, August 2019</p><p><p>State To Housing Applicants: Sign Up Online Or Lose Your Spot On Wait List: Civil Beat</p><p><p>Advocate's blast 'alarming' suspe3nsion practices at public schools: HawaiiNews Now, August 2019</p><p><p>More Security could be coming to the state capitol, but how will that affect access?: HawaiiNewsNow, February 2019</p><p>
Part II. Individual Case Services
A. Individuals served
13
39
52
2
17
B. Problem areas
3
18
13
23
1
17
1
0
C. Intervention Strategies for closed cases
10
3
16
0
8
0
37
D. Reasons for closing individuals' case files
16
15
0
0
0
4
0
0
2
0
0
0
<p>N/A</p><p>
E. Results achieved for individuals
8
2
6
1
6
14
0
0
0
0
<p>N/A</p><p>
Part III. Program Data
A. Age
20
12
12
8
0
52
B. Gender
19
33
52
C. Race/ethnicity of Individuals Served
2
1
9
1
7
7
27
0
D. Primary disabling condition of individuals served
0
4
0
0
0
3
0
11
2
0
0
1
6
0
0
0
0
0
0
8
10
0
1
0
1
1
0
0
0
2
1
0
0
1
52
E. Types of Individuals Served
9
21
13
0
22
7
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
1
<p><b>CAP will monitor DVR contracts with community providers to verify individuals are receiving services in integrated settings and paid at least minimum wage.</b></p><p><p><b><u>Monitoring Community Providers</u></b></p><p><p>The CAP systems case continued with a change in focus that reflects changes within the disability community. The case was initially opened to assess employees of 14(c) certificated providers in Hawaii, to assure that those that who may be trained in or moved to competitive employment are advancing to competitive wages in integrated settings.</p><p><p>There were a total of 105 individuals who were initially subminimum wage participants. The number of SMW participants diminished to 56 about two years ago. During HDRC&rsquo;s participation in the Developmental Disabilities Council this year, they declared that there are no individuals working at subminimum wages for 14(c) certificate holders. Trending statistics about the current shortage of labor and low unemployment, high employer demand, and competitive wages appear to support the DD Council claim that subminimum wages have been extinguished by market conditions. In the meantime, CAP has been informed that community providers continue to hold onto their 14(c) certificates - even without individual participants -- because the certificates are required to obtain certain government contracts.</p><p><p><b><u>Legislative Monitoring Regarding the Subminimum Wage</u></b></p><p><p>CAP monitored state legislative efforts to eliminate the subminimum wage during the past fiscal year. One of the proposals was heard in committee but did not pass that stage. HDRC offered comments - for the past few sessions -- on various proposals to eliminate subminimum wages. We expressed that employing people with disabilities at a competitive wage is a high national and local priority, but also had some concerns that some individuals with disabilities may not be capable of full competitive employment. The question then is &ldquo;what happens to these people,&rdquo; and the concern is that if the subminimum wage is eliminated, some people with disabilities will not be employed at all. For some in the disability community, a &ldquo;job&rdquo; is the lifeline to their sense of self-worth and to their social connection with the community. Eliminating the subminimum wage could have the unintended effect of leaving some people with disabilities with few employment alternatives. Clearly the goal should be to transition them to competitive employment. But if that is not feasible, we believe that there needs to be a full continuum of options available.</p><p><p>During the FY19 legislative sessions, we expressed that, conceptually, we do believe that the goal should be to move in the direction set forth by the bill. In order to assess the impact we suggested to the Legislature that some analysis is required of exactly who are the individuals currently enrolled in 14(c) programs. Are they individuals in a
B. Litigation
0
0
0
<p>N/A</p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Hawaii Disability Rights Center
No
Not Applicable
B. Staff Employed
<p>Professional Full-time = 10 1.0<br>Professional Part-time = 4 .4<br>Administrative Full-time = 2 .2</p><p>
Part VI. Case Examples
Case Examples
<p>D.O. is a 22-year old male diagnosed with Autism. He graduated high school at age 18, enrolled at the University of Hawaii at Manoa, and is on track to complete his coursework to obtain a degree in computer programming. However, D.O. was informed by his Vocational Rehabilitation Counselor (VRC) that DVR would not pay for his final year of college. His father contacted HDRC-CAP and an advocate was assigned to his case. The CAP Advocate reviewed the DVR Individualized Plan for Employment and noted that the client&rsquo;s IPE included payment until completion of the client&rsquo;s fourth year, which would result in his attaining his degree. The Advocate met with the VRC and worked to resolve the payment of D.O.&rsquo;s tuition, books and supplies. As a direct result of CAP intervention, D.O.&rsquo;s tuition was paid and an account was opened at the school bookstore for his books and supplies. A meeting was held with the VRC to review and confirm the client&rsquo;s IPE. The client and his father expressed their extreme satisfaction with CAP&rsquo;s assistance.</p><p><p>T.A. is a 59-year old male who contacted CAP when he was denied DVR services. His goal, according to his IPE, was to practice massage. He completed a massage course and obtained his state certification. His VRC, however, denied T.A.&rsquo;s request to take additional courses in different modalities. The CAP Advocate worked with the client to conduct a survey of a selection of massage businesses to determine what modalities were required and, as a result, found the most frequent modalities, i.e. hot stone, shiatsu, Swedish, etc. and presented to the VRC.</p><p><p>When the VRC also required proof that T.A. was receiving mental health services, CAP worked with him to provide evidence that a mental health counselor was assigned to him. The VRC rejected the proof offered, so the CAP Advocate exhausted all administrative remedies to appeal his client&rsquo;s case to the VR Supervisor, then the Oahu Supervisor, and finally, to the VR Administrator, who found that the VRC was in error. T.A. was then approved for all the modalities of massage that he requested, including state certification for each modality, first aid and CPR training, and required clothing. The client was extremely grateful for CAP&rsquo;s advocacy and persistence.</p><p>
Certification
Approved
Louis Erteschik
Executive Director
2019-12-24
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