P&A 2009-2010 Priorities

Adopted by Board of Directors

 September 12, 2009

PRIORITY 1: P&A will assist people with disabilities to overcome barriers to work.

                                                

RATIONALE: People with disabilities are often unaware of the rights and the remedies that are available to them when they have been victims of employment discrimination.  Those who do know their rights and seek legal help are often not able to find it.  In the past, private attorneys have often not taken disability discrimination cases due to the impact of adverse federal court rulings and the limited likelihood of significant damage awards or fees.  The ADA Amendments Act which was effective 1/1/09 overturns many of the most troublesome federal court rulings and, it is hoped that private attorneys may begin to accept more employment discrimination cases based on disability.  Many cases, such as those involving reasonable accommodations, may continue to be unattractive to the private bar due to the unlikelihood of significant damages awards.   The Equal Employment Opportunity Commission (EEOC) and the South Carolina Human Affairs Commission (SCHAC) accept only a limited number of cases for direct representation.    Thus, neither state and federal administrative agencies nor the private bar fully and effectively address this pervasive problem.  Accepting employment discrimination cases allows us to provide an additional option for representation from the unique perspective of a disability rights organization.  Further, people with disabilities often face barriers to work from a variety of sources--employers, Vocational Rehabilitation (VR), Employment Networks (EN), Work Incentives Planning and Assistance (WIPA) offices, Commission for the Blind, schools, colleges, universities, and others. Federal funding is available under the Ticket to Work legislation to help beneficiaries of SSDI and SSI who are facing such barriers.

OUTCOMES:

1.     P&A will advocate for at least 10 individuals in employment discrimination cases.  (PAIDD 3; PAIR 3; PABSS 2; PAIMI 2)

2.     P&A will advocate for at least 10 individuals who have been notified of work-related adverse actions by SSA.   (PABSS 10)

3.     P&A will advocate for at least 25 individuals in cases that involve barriers to work created by Vocational Rehabilitation, Commission for the Blind, Employment Networks, Work Incentives Planning and Assistance Offices (WIPA), educational facilities, and others who are not employers.  (PABSS 12; PAIR 1; PAIMI 1; PAIDD 8; PAAT 3)  

PRIORITY 2: People who are deaf will be provided qualified interpreters or equivalent services to allow for effective communication in South Carolina courts.

RATIONALE: The failure of South Carolina Courts to provide interpreters needed for effective communication for people who are deaf has been a problem for years. It has been raised by numerous individual callers requesting assistance. Contacts with the Department of Outreach Services at the South Carolina School for the Deaf and the Blind, the South Carolina Department of Mental Health--Deaf Services Division, and the South Carolina Association of the Deaf have all identified this as a problem and have requested P&A assistance to resolve it. The PAIR Advisory Council has identified this as an important issue needing P&A's attention.

OUTCOMES:

1.     Increase the lower courts’ and deaf community’s knowledge regarding effective communication rights.  Effective instructions will be issued by the Court Administration.

(PAIR 70%; PAIMI 10%; PAIDD 20%)

2. P&A will advocate for at least 5 individuals who need interpreters or other auxiliary aids and services to ensure effective communication in court.  (PAIR 3; PAIMI 1; PAIDD 1)

           

PRIORITY 3:  Students with disabilities in the public school system will receive appropriate Assistive Technology (AT) evaluations, devices and supportive services.

RATIONALE: Students with disabilities often need AT in order to benefit from the educational services provided by the public schools.  The Individuals with Disabilities Education Improvement Act (IDEA 2004) requires public schools that receive funding under the IDEA to provide necessary AT evaluations, AT devices, and AT services to students with disabilities, at no cost to their parents.  This priority addresses school districts’ failure to provide appropriate AT evaluations, devices, and supportive services.  Previous case representation and intakes continue to indicate this is a serious problem in South Carolina. 

OUTCOME:

1.     P&A will advocate for at least 5 students with disabilities in the public school system who need appropriate AT evaluations, devices and/or support services.  (PAAT 5)

PRIORITY 4:  Students with disabilities in the public school system will be placed in the least restrictive environment (LRE). ^[2]

RATIONALE:  The Individuals with Disabilities Education Improvement Act (IDEA 2004) and Section 504 of the Rehabilitation Act of 1973 (Section 504) both require school districts that receive federal funding to educate students with disabilities to the maximum extent appropriate with their non-disabled peers.  The Americans with Disabilities Act (ADA) requires school districts to provide reasonable accommodations to students with disabilities.  The ADA also requires that public schools integrate students with disabilities with their non-disabled peers.  This priority addresses the failure of school districts to place students with disabilities enrolled in the public school system in the least restrictive environment.  Previous case representation, surveys, and intakes continue to indicate that this is a significant issue in South Carolina.

OUTCOME:

1. P&A will advocate for at least 30 students with disabilities in the public school system who are not being placed in the least restrictive environment.  (PAIDD 20; PAIMI 8; PAIR 1; TBI 1)

PRIORITY 5: Students with disabilities in the public school system will neither be placed in seclusion nor inappropriately restrained.

RATIONALE: Students with disabilities in the public school system are often placed in seclusion or inappropriately restrained.  The National Disability Rights Network released a report on this topic in January 2009.  These practices have been linked to lasting psychological, emotional, and physical harm to the student.  Use of seclusion or inappropriate restraint may deny students a free appropriate public education as guaranteed to students with disabilities under the Individuals with Disabilities Education Improvement Act (IDEA 2004).  Previous case representation and intakes indicate that this is a significant issue in South Carolina.  Parents often have no knowledge of the schools’ use of seclusion and/or restraint.  The use of seclusion and/or restraint often is not appropriately addressed through the IEP process.  South Carolina has no State laws or regulations on the use of restraint and seclusion in public schools.  The South Carolina Department of Education has not yet issued guidance on this subject.  Many of South Carolina’s school districts do not have policies on seclusion and restraint.  Many school personnel have not been trained either on the appropriate use of restraint or on the use of Positive Behavioral Interventions and other techniques that can help avoid the need for seclusion or restraint. 

OUTCOMES:

1. P&A will advocate for at least 5 public school students with disabilities regarding the inappropriate use of restraints or seclusion.  (PAIDD 4; PAIMI 1)

2. P&A will inspect at least one classroom where inappropriate use of restraints and/or seclusion has been observed or reported.  Results of the inspection will be typically be shared with the district and, as appropriate, the South Carolina Department of Education and others. (PAIDD 80%; PAIMI 20%)

3. P&A will conduct outreach to increase awareness among parents, service providers, and others of the dangers of restraint and seclusion of students with disabilities in the public school system. (PAIDD 80%; PAIMI 20%)

4. P&A will collaborate with the Center for Disability Resources and the Developmental Disabilities Council to finalize and disseminate a report based on our survey of school districts regarding use of seclusion and restraint.  (PAIDD 80%; PAIMI 20%)

5. P&A will continue to serve as a member of the SC Advisory Council on the Education of Students with Disabilities and to use this position to bring concerns about seclusion and restraint of students with disabilities to the attention of the S.C. Department of Education.  (PAIDD 80%; PAIMI 20%)

PRIORITY 6: People with disabilities will have legal representation in order to enforce their legal rights so that they may access goods, services, employment and places in the community.

RATIONALE: Few resources are available to provide legal representation to people with disabilities when their rights are violated under civil rights laws such as the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Fair Housing Act Amendments of 1988, the Individuals with Disabilities Education Improvement Act and the South Carolina “Bill of Rights” for people with disabilities.  Callers regularly request our help in a wide variety of issues not addressed by other priorities—denial of education rights afforded students with disabilities, housing discrimination, architectural barriers, denial of needed reasonable accommodations, denial of effective communication (including, but not limited to, denial of effective communication by health care providers), discrimination based on the use of service animals and denial of voting rights (PAVA grant conditions do not allow P&A to litigate these cases, however, P&A can pursue administrative remedies). An important function of a P&A is to provide a source of legal representation for these callers. Rather than attempting to identify beforehand the specific types of calls that will come in, P&A can better serve the disability community by carefully screening calls using case selection criteria and providing legal representation in a variety of important individual cases.

OUTCOME:

1.     P&A will advocate for at least 50 individuals who need legal representation because of the violation of their rights as people with disabilities.  (PAIDD 20; PAIR 15; PAIMI 12; TBI 3)

PRIORITY 1:  People with disabilities will receive the services and supports they need to live in the homes of their choice.

RATIONALE: People with disabilities continually encounter various forms of discrimination, including intentional exclusion. In its 1999 opinion in the Olmstead case, the U.S. Supreme Court recognized that the Americans with Disabilities Act (ADA) places an integration mandate on the states as they provide care and treatment services. Although some progress has been made, unnecessary institutionalization of people still occurs on a daily basis. This is compounded by state agencies failing to routinely follow existing regulations, especially those concerning the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Program which is the child health component of Medicaid.  Further, existing Medicaid Waiver eligibility requirements are too narrow, thus limiting the number of people who qualify for waivers.  These actions by state agencies clearly violate the integration mandate by preventing people with disabilities from receiving the services and supports they are entitled to and that would allow them their home of choice.

OUTCOMES:

1.     P&A will advocate for at least 45 individuals with disabilities to receive the services and supports they need to live in the homes of their choice.  (20 PAIDD; 1 PAIR; 18 PAIMI; 3 PATBI; 3 PAAT) 

2.     P&A will advocate for at least 4 individuals with disabilities to receive the services and supports they need under EPSDT ^[4] to live in the homes of their choice.  (2 PAIDD; 1  PATBI; 1 PAAT) 

3.     P&A will advocate for at least 2 individuals with mental illnesses to receive the services and   supports they need to avoid unnecessary inpatient treatment.  (2 PAIMI)

                                                      

PRIORITY 2: People with disabilities will be protected from abuse and neglect.

RATIONALE: For people confined in residential facilities, physical safety is a fundamental right under our federal and state constitutions. In Youngberg v. Romeo, 457 US 307 (1982), the United States Supreme Court recognized the right of individuals in facilities to adequate treatment and physical safety. The original goal of both PAIDD and PAIMI federal laws is to ensure that the right of safety for people with disabilities living in facilities is protected.  P&A intends to increase the safety of individuals from any form of abuse and or neglect, specifically children and adults in facilities who are victims of physical and sexual assaults, unlawful restraints, or suicides due to inadequate treatment. Constituent calls and the P&A Advisory Councils support the need for advocacy on behalf of people with disabilities alleging serious abuse or neglect in facilities. Therefore P&A involvement includes not only individual case representation, but monitoring juvenile justice facilities, community residential care facilities, facilities operated and/or funded by DMH and DDSN, and any other facility where a South Carolinian with a disability may be at a serious health and safety risk.

OUTCOMES:

1.     P&A will protect or vindicate the rights of at least 155 individuals in abuse and neglect cases selected for individual representation.  (PAIMI 111; PAIDD 42; TBI 2)

2. P&A will improve the safety of at least 5 individuals with disabilities in detention centers by enforcing compliance with laws and standards for identifying, protecting, treating and, if appropriate, transferring detainees.  (PAIMI 2; PAIDD 2; TBI 1)

3. P&A will inspect 100% of the Community Residential Care Facilities designated under the Department of Mental Health contract; reporting all legal violations to regulatory entities for appropriate corrective action.  (TEAM 85%; PAIMI 15%)

4. P&A will inspect 12 Community Training Homes; reporting all legal violations to regulatory entities for appropriate corrective action.  (PAIDD 100%)

PRIORITY 3: People with disabilities who are in the custody of the South Carolina Department of Corrections will receive legally adequate care, including adequate mental health care.

RATIONALE: As mental health systems have deinstitutionalized patients without implementing adequate community-based services, prisons have become the "new mental health facilities" in our nation. The NDRN case docket includes many cases seeking systemic reform for seriously inadequate mental health care in prisons.  In recognition of this costly and dangerous problem, Nelson Mullins a national law firm with headquarters in South Carolina, filed a state court action against SCDC on behalf of P&A and certain individual inmates.  The action seeks adequate care for inmates suffering from serious mental illness.  P&A also receives many calls and letters from inmates and their families seeking appropriate care for inmates with mental, physical, and developmental disabilities. If a case involves serious injury due to SCDC's failure to provide care relating to an inmate's disability, and the lack of care constitutes cruel and unusual punishment, P&A will consider individual representation.

OUTCOMES:

1.     P&A will obtain adequate mental health care for inmates at SCDC through its class action lawsuit.  (PAIMI 100%)

2.     P&A will protect or vindicate the rights of at least 4 inmates with any type of disability in the cases selected for individual representation.  (PAIMI 2; PAIR 1; PAIDD 1)

PRIORITY 4:  P&A will consider individual case representation issues that are legally compelling and not indentified under other priorities.

RATIONALE:  P&A resources are primarily dedicated to our planned priorities; however, other compelling issues may arise within a given year.   Cases will be taken under this priority only if resources are available and if there is a strong legal merit.

OUTCOME:   

1.     P&A will advocate for at least 9 individuals with disabilities who have legally compelling case issues that are not otherwise identified under other priorities.  (PAIDD 4; PAIMI 2; PAIR 2; TBI 1)  

PRIORITY 1:  P&A will provide quality outreach, information and referral services. 

RATIONALE: Within P&A’s mission statement, commitment to self-advocacy is a primary goal. P&A wants to ensure that people with disabilities have access to resources so that they can serve as effective self-advocates.  An on-going goal of OIR is to inform people with disabilities of their rights and to provide information how they can access goods and services.  Accurate and timely information and referral services are crucial for effective self-advocacy.   The current economic climate and last year’s loss of state funding will impact I&R and case services.  The reduction in state services to people with disabilities is expected to increase overall requests for P&A assistance, yet our reduced funding for case services will require reliance on OIR services. Given the expense associated with travel for outreach, P&A is limiting its outreach focus to military families, disaster preparedness and voting rights.  Public input validates use of P&A’s time in these areas.   P&A will continue to work through our Minority and Rural Outreach Advisory Council to ensure that traditionally underrepresented individuals in South Carolina are aware of P&A services.

 

 OUTCOMES:

1.      Provide information and referral services to at least 1300 South Carolinians with disabilities.  (PAIDD 300; PAIMI 580; PAIR 360; TBI 40; PAAT 17; PABSS 2; PAVA 1)

2. Military [5] personnel with disabilities and their family members with disabilities will be informed of P&A’s programs, services, and effective self-advocacy tools through a minimum of 6 trainings or presentations.  (PAIMI 3; PAIDD 1; PAIR 1; TBI 1)

3. P&A staff will continue to monitor state and local emergency preparedness plans for people with disabilities residing in South Carolina by participating in 12 emergency preparedness meetings.   (PAIDD 6; PAIMI 2; PAIR 2; TBI 2)

PRIORITY 2: People with disabilities will be able to fully participate in the voting process.

RATIONALE: People with disabilities face discrimination in the voting process. Our work in previous years under the PAVA grant has indicated problems with inaccessible polling places in many parts of the state. Mental health consumers have identified discrimination in the registration process as another major problem.  People who are deaf have indicated that lack of effective communication is a barrier to their participation in the voting process.  Federal funding is available under the Help America Vote Act (HAVA) to address this problem.  P&A has consistently received fewer than 10 individual inquiries a year related to individual voting issues.  Therefore, P&A’s focus continues on community organizing and engaging people with disabilities on voting accessibility at a group level.

OUTCOMES:

1.     Provide a minimum of six presentations to individuals with disabilities about their voting rights In order to increase awareness.  (PAVA 100%)

2.     Register or assist a minimum of 30 individuals with disabilities with registering to vote, applying for absentee voting, or making a change in voting information.  (PAVA 100%)

3.     Improve the State and County Election Commissions’ compliance with the Help America Vote Act and other laws that protect the rights of people with disabilities in the voting process.  (PAVA 100%)