RSA-227 for FY-2019: Submission #1088

State name Alaska

Report through date 9/30/2019

General Information

Designated Agency Identification

Name Alaska State Department of Education & Early Dev.

Address 801 West 10th Street, Suite 200

Address Line 2 {Empty}

City Juneau

State AK

Zip Code 99801

E-mail Address {Empty}

Website Address {Empty}

Phone (907) 465-2800

TTY (907) 465-2815

Toll-free Phone {Empty}

Toll-free TTY {Empty}

Fax (907) 465-4156

Operating Agency (if different from Designated Agency)

Name Disability Law Center of Alaska

Address 3330 Arctic Blvd. #103

Address Line 2 {Empty}

City Anchorage

Zip Code 99503

State Alaska

E-mail Address akpa@dlcak.org

Website Address http://www.dlcak.org/

Phone (907) 565-1002

TTY {Empty}

Toll-free Phone (800) 478-1234

Toll-free TTY {Empty}

Fax (907) 565-1000

Additional Information

Name of CAP Director/Coordinator David Fleurant

Person to contact regarding report Molly Johansson

Contact Person Phone (907) 565-1002

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 13

2. Information regarding independent living programs 3

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 0

5. Other information provided 0

6. Information regarding CAP 18

7. Total I&R services provided (Lines A1 through A6) 34

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 5

2. Number of individuals who attended these training sessions. 40

3. Describe training presented by the staff. Include the following information: We were approached by the National Federation of the Blind’s (NFB) Alaska chapter to speak at their annual state convention about the CAP program. We spoke to 19 individuals regarding CAP, employment discrimination, as well as voting. The aim was to increase the attendees’ knowledge of an individual's rights as well as increase our awareness of NFB and its members. Continued education of our staff fosters understanding for and knowledge of the disability community, which in turn informs our advocacy and sensitivity to the diverse needs of our clients. During this year, we were invited to host several training events at both Tribal Vocational Rehabilitation (TVR) and Division Vocational Rehabilitation (DVR). During our training events, we not only educated the staff about our work on a whole and what type of cases we pursue but also specifically about CAP. The aim behind these meetings was to inform and to create a closer, friendlier relationship. We answered questions and cleared up any misgivings about the CAP program in four locations. One meeting was with DVR’s Wasilla branch and was attended by 10 people. Wasilla is situated in the Matanuska-Susitna Borough (pop. around 107,000 ) and is a growing city with approximately 10,000 residents, which makes it a critical branch to build a relationship with to serve current and future residents of the area better. Another meeting was with two DVR counselors in Kenai, which is a city with around 7,000 residents in the Kenai Peninsula Borough (pop. about 58,500). To ensure diversity among our relationships and that our services are equally available to all of Alaska’s ethnic groups and cultures, two of our visits were with TVR. We met with five representatives from Cook Inlet Tribal Council (CITC) TVR and four representatives from Aleutian Pribilof Island Association (APIA) TVR.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. Our outreach efforts aim to inform about the mission of the P&A and increase the general knowledge about the agency and what type of cases and services we provide, as well as hand out publications to attendees. Because of the P&A’s eye-catching design (bright pink!) of the CAP brochures, they are visually accentuated at outreach events and information stands. Although the information in these brochures is required to be given out by the Alaska Tribal Vocational Rehabilitation Agencies (TVR) and the Alaska State Vocational Rehabilitation (DVR) offices to all seekers of Vocational Rehabilitation (VR) services, we chose to aid in that effort by providing these brochures in an easily-recognizable and accessible format. In FY19, we disseminated 4,290 leaflets. Events we were invited to participate in include: Stand Down 2018 An event to help Veterans-in-need with all types of assistance including but not limited to: medical screening, legal aid, housing, and employment. We distributed around 60 publications and spoke with approximately 50 people, including veterans, family, and friends of veterans, and other service providers who were at the event. 2019 Alaska State Fair Every year, service providers are invited to inform fairgoers about available services and to share helpful and diverse information. During the day we were there, around 100 people, both other service providers, and fairgoers approached our table and spoke to our staff. The fair is a large and diverse event that increases the possibility of us reaching individuals who might not usually seek us out. 2019 Project Homeless Connect This event assists people who are homeless in Anchorage with providing housing, services, and hospitality in a convenient one-stop model. It is a way to bring service providers, government agencies, and the general community together to address a problem that affects everyone. The goal is to move from only managing homelessness toward ending it. During the day, we provided information to around 31 people and made connections with staff at the Alaska Native Justice Center who later came and talked to us about their Anti-Trafficking program and educated us on how to spot signs of trafficking. Anchorage Disability Pride Celebration 2019 - The Governor's Council on Disabilities and Special Education invited us to host a table at the Anchorage Disability Pride Day. The event aimed to celebrate the disability community and the anniversary of the ADA. We spoke with over 40 individuals, including people with disabilities, family members, interested community members, and other service providers who were at the event, as well as distributed over 70 publications. Ombudsman’s Day 2018 The State Ombudsman invited us to participate in their first-ever problem-solving" fair, an event with national participation and supported by the American Bar Association. They asked problem-solving and complaint-resolving partners like the Alaska P&A to info"

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 0

4. Publications/Booklets/Brochures Disseminated by the Agency 7067

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

6. Other 0

Please explain below

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. During the year, our Executive Director was interviewed by the Alaskan Public Radio station KSKA. KSKA is Southcentral Alaska’s source of National Public Radio news and information and reaches around 60% of the state’s population. During the show, Justice Alaska, he informed 2,700 listeners of the areas of law we work in and what type of services we can provide. The show can still be accessed on https://www.alaskapublic.org/2019/05/19/how-the-disability-law-center-of-alaska-serves/ Furthermore, multiple service providers in Alaska use their website to provide information about CAP and the services of the P&A. Many of the providers link to our website for quick access for their clients. These service providers include: Statewide Independent Living Council of Alaska (SILC) https://www.alaskasilc.org/cap Department of Vocational Rehabilitation (DVR) http://labor.alaska.gov/dvr/ Access Alaska (an Independent Living Center) http://accessalaska.org/services/advocacy/

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 2

2. Additional individuals who were served during the year 9

3. Total individuals served (Lines A1+A2) 11

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 0

5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.) 8

B. Problem areas

1. Individual requests information 0

2. Communication problems between individual and VR counselor 4

3. Conflict about VR services to be provided 7

4. Related to VR application/eligibility process 0

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

6. Related to IPE development/implementation 0

7. Related to independent living services 0

8. Other Rehabilitation Act-related problems 0

C. Intervention Strategies for closed cases

1. Short Term Technical Assistance 3

2. Investigation/Monitoring 0

3. Negotiation 0

4. Mediation and other methods of Alternative Dispute Resolution 0

5. Administrative / Informal Review 0

6. Formal appeal / Fair Hearing 0

7. Legal remedy / Litigation 0

8. Total 3

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 0

2. Some issues resolved in individual's favor 2

3. CAP determines VR agency position/decision was appropriate for the individual 0

4. Individual's case lacks legal merit 0

5. Individual chose alternative representation 1

6. Individual withdrew complaint 0

7. Issue not resolved in clients favor 0

8. CAP services not needed due to individual's death, relocation, etc. 0

9. Individual not responsive/cooperative with CAP 0

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

11. Conflict of interest 0

12. Other 0

(Please explain below)

E. Results achieved for individuals

1. Controlling law/policy explained to individual 0

2. Application for services completed 0

3. Eligibility determination expedited 0

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 0

6. Communication re-established between individual and other party 1

7. Individual assigned to new counselor/office 0

8. Alternative resources identified for individual 2

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

10. Other 0

(Please explain below)

Part III. Program Data

A. Age

1. Up to 18 0

2. 19 - 24 1

3. 25 - 40 4

4. 41 - 64 6

5. 65 and over 0

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 11

B. Gender

1. Females 5

2. Males 6

3. Total (Sum of Lines B1 and B2. Total must equal Part II Line A3.) 11

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 1

2. American Indian or Alaskan Native 1

3. Asian 1

4. Black or African American 2

5. Native Hawaiian or Other Pacific Islander 0

6. White 5

7. Two or more races 1

8. Race/ethnicity unknown 0

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 4

2. ADD/ADHD 2

3. AIDS/HIV 0

4. Amputations or Absence of Extremities 0

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 1

7. Autism Spectrum Disorder 1

8. Autoimmune or Immune Deficiencies 0

10. Other visual impairments 0

11. Cancer 0

12. Cerebral Palsy 0

13. Deafness 0

14. Hard of Hearing/Hearing Impaired 0

16. Diabetes 0

17. Digestive disorders 0

18. Epilepsy 0

19. Heart and other circulatory conditions 0

20. Intellectual Disability 0

21. Mental illness 2

22. Multiple Sclerosis 0

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 0

25. Neurological Disorders/Impairment 0

26. Orthopedic impairments 0

27. Personality Disorders 1

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 0

31. Speech Impairments 0

32. Spina Bifida 0

33. Substance abuse 0

34. Other disability 0

35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.) 11

E. Types of Individuals Served

1. Applicant of VR 9

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

3. Individual eligible for VR services not currently on a wait list 0

4. Applicant or individual eligible for Independent Living 2

5. Transition student/High school student 0

6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act 0

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. N/A

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. N/A

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option): External-other public agency

2. Name of designate agency: State Department of Education and Early Development

3. Is the designated agency contracting CAP services? Yes

4. If yes, name of contracting agency: Disability Law Center of Alaska

B. Staff Employed

1. Provide a description of all CAP positions The Alaska CAP utilizes several attorney and non-attorney advocates in three offices in the state to achieve statewide coverage. The P&A’s staffing arrangement provides for .92 fulltime equivalent employees, with 9 employees in Anchorage (0.84 FTE), one employee in Fairbanks (0.06 FTE) and one employee in Juneau (.02 FTE). The advocates in Fairbanks and Juneau 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 the hub communities.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. We received a complaint from a 57-year-old man with acquired brain injury, ADD/ADHD, diabetes, and circulatory issues. The Division of Vocational Rehabilitation (DVR) had closed his case, stating he did not require VR services because of past employment and businesses owned. The client asked for assistance determining if his case had been closed appropriately. He had an ongoing court case with DVR due to his removal from DVR’s Business Enterprise Program (BEP). After being removed from the BEP program, the client went to DVR to apply for employment services. DVR denied him services and closed his case. The attorney who was assisting him with his court case had also filed an appeal of the closure, which had also been denied. Because the individual already had legal counsel representing him with both his court case against DVR and his case closure, the Alaska P&A closed his case. However, we informed him that if something new arises, that is separate from DVR closing his case, he is welcome to contact our office. Despite already having legal representation, the man approached us, which demonstrates the P&A’s high standing and effective outreach. We were also approached by a 35-year-old man with an acquired brain injury, and auto-immune disorders with complaints against DVR. The man informed us that DVR had included inaccurate information in his employment plan and failed to assist him with finding employment. Staff learned that the client’s DVR case had been closed for over a year, and we informed him that he could reapply for services with DVR. The client was encouraged to contact us again if any issues arise after reapplying. In addition to the DVR complaint, the man asked the P&A for assistance with a variety of tasks. Staff referred him to the local independent living center (ILC). When we learned of ongoing communication issues between the ILC and the client, we helped the parties overcome them and assisted the man in receiving case management. Since we did not hear back from the client, we assumed our guidance strengthened his knowledge and self-advocacy skills and that he no longer needed assistance. Additionally, we helped a 31-year-old woman with mental illness. Her DVR complaints was regarding communication issues with her counselor, and their failure to thoroughly explain DVR’s process and requested documents. We learned that DVR had demanded the client sign documents within a few days, or they would close her case. The client asked for clarification of the documents but was denied a thorough explanation. Due to disparaging remarks by DVR, and their failure to explain the documents and process, the client requested a new counselor. Ultimately, DVR denied the request. P&A staff explained the DVR process to the client during the first telephone conversation. We later met with the DVR counselor, the regional manager, and the chief officer of DVR to discuss the client’s case. DVR agreed to provide b

Certification

Approved

Name of Designated Agency Official David C. Fleurant

Title of Designated Agency Official Executive Director

Date Signed 2019-12-11

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