Message From the Executive Director - Michigan...

Annual Report 2012

“Protecting the Rights of Persons With Disabilities”

The mission of

Michigan Protection and Advocacy Service, Inc. (MPAS) is to advocate and protect the legal rights

of people with disabilities.

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Message From the Executive Director

The Year 2012 in Reviewam happy to again report that the State of the Organization is both fiscally and programmati-

cally sound. As we close another fiscal year, I am pleased to report to the Board of Directors and to the public, that the financial and programmatic integrity of Michigan Protection and Advocacy Ser- vice is accurate and in compliance with the mission and all applicable laws, rules, and regulations.

Although we have been able to manage the very limited and decreasing financial resources of the organization, we find that the need for effective advocacy is increasing. To address some of the multiple issues facing people with disabilities and their families we have tried our best to do more withless, but we are finding this task overwhelming. The need for advocacy is on a faster track than our

We have attempted to do this in our work to:

◆ Eliminate abuse and neglect in Michigan nursing homes

◆ End the unbridled useof restraint and seclusion in schools

◆ Assure people with disabilities prompt and appropriateaccess to needed services

Elmer L. Cerano Executive Director

resources can accommodate.We have learned that change is inevitable

– sometimes change is good and other times it simply makes things worse. We learned that we can op- pose change but soon find ourselves swallowed by the currents. We can accept change and simply try to find where people with disabilities will fit in with the new order of things. OR, we can lead the changes that are needed.

◆ Protect against employment discrimination◆ Promote the full inclusion of people

with disabilities into the fabric of societyThe future will unfold without us if we

allow it. We have an obligation to those we represent to speak up and make sure that people with disabilities have a voice and a role in designing the world of the future. There is so much more yet to be done.

It is my honor and privilege to serve as the Executive Director of this terrific organization.

Elmer L. Cerano

Executive

Director

2 MPAS 2012 Annual Report

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Thousands were Served with Information and Referral Services

nformation and referral (I&R) advocates take incoming calls from the public and offer short-term assistance to people

calling the agency. Staff provides technical assistance literature, advice and counseling, referral to other agencies that can more appropriately meet callers’ needs, and help in drafting letters or completing forms, among other services.

I&R advocates answered disability-related questions on a wide variety of issues. Some of the most frequently asked questions dealt with:

◆ Discrimination in education, employment, housing, and accessibility to public places

◆ Special education supports and services◆ Abuse and neglect◆ Social Security benefits, Medicaid,

Medicare, and other insurance◆ Vocational rehabilitation◆ Voting rights

Information and referral advocates

offered information or short-term

assistance to 7,976 clients.

“Thank you for being so helpful and letting me know I have some rights.”

“I talked with a very nice person who gave me GREAT advice and sugges- tions that I’ve gotten results from already. Thank you!”

“Keep doing what you do one client at a time; it will add up and make changes.”

“I was able to assist a client I was working with more effectively with the information I received from you.”

“I feel like I have a person on my side.”

“The advocate was great – she listened and then gave advice. I be- lieved in her voice and what we talked about, she was truly concerned and trying to help.”

“Best advice yet out of 12 agencies contacted.”

“The person at the end of the phone was extremely helpful, sincere, and listened well. Thank you so much.”

“Very nice and very helpful. I would use your services again and tell others about you all.”

“Thank you! Don’t have a clue what I would do without the resources and support you all provide!”

MPAS 2012 Annual Report 3

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Priority: Eliminate Abuse and NeglectPAS works to keep people with disabilities safe fromabuse and neglect wherever they work, recreate, or

reside. That includes nursing homes, mental health facilities, schools, group homes, homeless shelters, jails, and prisons.

MPAS staff conducted more than 75 investigations of seri- ous physical abuse and neglect in facilities where people with disabilities reside and/or receive services. In addition, staff regularly monitored five state psychiatric facilities. Staff also monitored group homes and provided assistance to residents.MPAS Report Shows Abuse and Neglect in Nursing Homes Across Michigan

major initiative undertaken by MPAS in fiscal year 2012 involved the abuse and neglect of

nursing home residents.After reviewing nursing home surveys

collected by the Department of Licensing and Regulato- ry Affairs (LARA), MPAS found that many nursing home residents had experienced severe neglect and abuse – sometimes resulting in death.

One survey in Washtenaw County described how a female resident was found with maggots infesting in and around her catheter area. The registered nurse manager on duty was instructedby clinical corporate staff to document the discovery as debridement (dead tissue) rather than maggots.A similar survey from a nursing home in Oakland County reported that emergency medical services were called to suction maggots from a resident’s trachea.

MPAS went public by contacting media

penalized and required to bring their facilities into compliance.

MPAS responded that paying fines and re-training personnel is not enough to ensure patient safety and quality of life. The problem of substandard care is system wide and extends beyond one or two facilities. The current regulations and laws (mandatory reporting) already in place need to be enforced on a consistent basis and to the fullest extent. All par- ties should be held accountable and, if the infrac- tions rise to the level of criminality, they should be reported to law enforcement and prosecuted just like any other crime.

In addition, MPAS insists that nursing home owners and operators of poor performing facilities be banned from doing business in Michigan. While LARA is working within the present system – in- vestigating, requiring a plan of correction, and follow-up visits –

throughout the state.LARA responded by saying that the

department was aware of the maggot cases due to complaints filed by the Bureau of Health Systems. Accord- ing to LARA, the nursing homes have been fined,

HIGHLIGHT

the current systemdoes not address the failures of safety nets that should be in place to prevent abuses.

506 individuals receivedinformation and referral services

74 individuals received direct representation

PAS filed a complaint with the U.S. Office for Civil Rights (OCR) challenging the

use of prone restraint practices in a

Michigan school district. The complaint alleged that the district’s use of prone restraint, an especially dangerous form of physical restraint, violated state and district

Priority: Eliminate Abuse and Neglectpolicies and therefore was4 MPAS 2012 Annual Report

discriminatory under Section 504 of the Fed- eral Rehabilitation Act. After an investigation, OCR agreed and ordered the district to correct its practices to conform to its own policy. This finding could lay the groundwork for further challenges to restraint and seclusion practices in other districts.

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Priority: Eliminate Abuse and Neglect

What is MPAS doing to Protect Nursing Home Residents?

ome of the legal strategies that MPAS has put in place are:◆ referring nursing home

administrators who attempt to cover up abuse/neglect or who retaliate against employees who cooperate with state inspectors to law enforcement for prosecution;

◆ referring cases of abuse/neglect by facility staff to law enforcement for prosecution under the Vulnerable Adult Abuse Act;

◆ monitoring those prosecutions to make certain that charges are brought forth;

◆ filing complaints against the professional licenses/certificates of nurses, doctors, aides,

and others who abuse, neglect, or mistreat residents;

◆ referring cases of abuse,neglect, and mistreatment to attorneys experienced in litigating against nursing homes;

◆ advocating for expanded MiChoice services to allow people who need nursing or home care to get it in the community;

◆ educating policy makers;◆ examining the current oversight

process to identify deficiencies and advocating for changes within the system to end abuse, neglect, and mistreatment.

MPAS is also Pushing for Laws that Protect Against Abuse and Neglect in Nursing Homesichigan currently has a background check process for all nursing home employees who have

been convicted of abuse, neglect, or exploitation of residents within those facilities. The current registry is not effective, however, because not allemployees who should be reported for violations of

abuse, neglect, or exploitation and are still working within nursing homes. MPAS is working to close that loophole in the law by supporting a series of bills that would expand the background check process.

Protecting Against Abuse and Neglect in Schools and Child Caring InstitutionsPAS monitored and brought a series of licensing complaints against a child caring

institution with an excessive rate of restraint and seclusion. As a result of the complaints, the state Bureau of Child and Adult Licensing (BCAL) moved to revoke the license of the facility.

Other monitoring visits have provided support to youth within child caring institutions and identified referrals for MPAS’ special education efforts. Individuals in institutions are receiving the services they need to move toward discharge into the community. In some cases, discharge is accelerated through MPAS involvement. In

addition, areas of concern are shared with policy makers and other investigators, helping MPAS and others develop and improve accountability strategies.

As in years past, MPAS provided support to the Michigan Legislature through the continued maintenance of bills that would reduce or eliminate the use of dangerous restraint and seclusion practices in schools. U.S. Senator Harkin introduced the Keeping All Students Safe Act in December 2011.

Priority: Eliminate Abuse and NeglectThe bill prohibits the use of seclusion, mechanical and chemical restraint, aversive behavioral interventions and physical restraint that is life-threat- ening.

Several national reports were issued on restraint and seclusion in schools including reports from the National Disability Rights Network, TASH, National Alliance on Mental Illness, Con- sortium of Citizens with Disabilities, Coalition of Parent Advocates and Attorneys, and the American Association of School Administrators.

Raising the visibility of school bullying as it affects students with disabilities has been a long- standing effort. With the support of MPAS and others in the community, the Michigan Legisla- ture passed an anti-bullying bill requiring school districts to adopt anti-bullying policies, including policies to address bullying of students with disabilities. Attention is now turned to passing an anti-bullying bill at the federal level.


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Priority: Improve Rights Protection Systems

PAS continued to advocate for effective systems and proceedings to safeguard the rights

of people who have guardians. One way MPAS did this was by supporting legislation to require in- creased financial reporting by guardians to protect against financial exploitation.

HIGHLIGHT

well-being. Examples of this include medical neglect or exploitation, undesirable mental health treatment including electrocon- vulsive therapy (ECT), substandard or restric-

787 individuals received information and referral services

18 individuals received direct representation

n 86-year-old man had been placed undera guardianship order. Although he had the

capacity to make personal decisions and only required minimal assistance, his corporate guardian was overly controlling and demanding. MPAS ne- gotiated an agreement allowing the client’s guardian to resign and be replaced by a family member of his own choosing.

MPAS helps assure that people with disabilities who are subjected to guardianship have their rights protected by seeking court protection when guardians are abusive or neglectful to the point where it affects their physical or mental health and

HIGHLIGHTuring a routine monitoring visit at a state psychiatric facility, an advocate was stopped by a

resident who complained that the facility’s vending machines were poorly stocked and inconsistent in reimbursing change. After several unsuccessful attempts to get the facility director and recipi-ent rights officer to resolve the issues, advocates contacted the vendor, and the resident was reim- bursed for the money he had lost in machine.

A number of systemic changes also occurred affecting more than 250 residents, including: replacing and upgrading vending machines, having money automatically returned from the machine if a selection is

not available or it takes too longto make a selection, getting reimbursements from the operator every seven days, and adding healthy snacks to the selections (e.g. baked chips, nuts) so all residents, regardless of dietary restrictions, can use the vending machines.


Priority: Improve Rights Protection Systemstive living conditions, or having a guardian who

acts outside the scope of their legal authority.One of the most important rights

protections systems for vulnerable individuals is the state’s Bureau of Child and Adult Licensing (BCAL). This is the agency that inspects adult foster care facilities and child caring institutions. BCAL also responds to complaints from residents and others about conditions, incidents of abuse/neglect, and rights violations. After an extensive investigation of the treatment of a resident at an adult fostercare facility, BCAL began proceedings to revoke the license of the operator. The decision to revoke the license was upheld by the administrative law judge, but the local Circuit Court reversed that decision. BCAL has asked the Michigan Court of Appeals to uphold its original decision to revoke the license.

Because MPAS sees this as such an important case, we made the decision to file what is calledan amicus brief. Basically, MPAS is agreeing with BCAL and asking that the revocation stand. Our brief details the sad history of abuse, neglect, and rights violations in institutions and emphasizes the importance of an effective rights protection system, such as BCAL.

In an effort to provide additional protection to vulnerable individuals, MPAS drafted a checklist of ethical requirements for professional guardians.Livingston County Probate Court now requires that all professional guardians agree to abide by these ethical requirements before receiving guardianship appointments.

MPAS conducted four trainings to 77 attendees in typically underserved (and unserved) areas of the state. Fifty people in a rural area attended a training session on alternatives to guardianship and durable power of attorney. Staff also provided training at a national conference on strategies to counter expansion of commitment laws, including powers granted to guardians.

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Priority: Improve Rights Protection Systems

HIGHLIGHTPAS was contacted by the mother of two adult men with intellectual or develop-

mental disabilities whose rights were being violated by their guardian. MPAS filed Recipient Rights complaints alleging multiple violations of the Michigan Mental Health Code.

The Recipient Rights Office investigated the complaints and substantiated several of them, ordering the local community mental health agency to train its staff on enforcing the rights of people under guardianship, particularly with regard to treatment team decisions.

Priority: Eliminate Employment Barriers to Employment and Protect Rights

PAS works with individuals who have disabilities to ensure that they have reasonable opportunities for employment and independent living, freedom from employment discrimination, and access to

financial and health benefits related to obtaining or retaining employment.

Order of Selection for Vocational Rehabilitation Services

ccording to federal law, when a state does not have the resources to provide all necessary

vocational rehabilitation (VR) services to all eligible individuals, it must implement an order of selection to determine which consumers will receive services. Essentially, the order of selection means establish- ing a waiting list to determine which consumerswill receive services first and which ones will need to wait until funding is available to serve them – making it entirely possible that some individuals on the waiting list will not be reached.

As of the end of fiscal year 2012, an order of selection (OOS) was enacted in Michigan but none of the categories were closed and a waiting list had not been

created. Although MPAS oppos- es implementation of an OOS, the State Plan for state vocational rehabilitation services for fiscal year 2013 requires that one be instated. Throughparticipation on an Order of Selection Workgroup, MPAS is helping develop new policies and training information to assist Michigan Rehabilitation staff in making the transition. Workgroup participation

Priority: Improve Rights Protection Systemsalso allows MPAS to closely oversee the

program to assure that appropriate services are provided to all eligible individuals without a waiting list.


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Priority: Eliminate Employment Barriersand Protect Rights

Collaborating with Organizations to Fulfill Agency Priorities and ObjectivesPAS continued working with Michigan Council for Rehabilitation Services. The

Council is a consumer-driven, governor-appointed, statewide organization as mandated in the Reha- bilitation Act of 1973, as amended. The Council’s mission is to improve Vocational Rehabilitation services in Michigan by reviewing, analyzing and advising the agency regarding pertinent issuesand concerns. Having a seat on this Council allows MPAS to provide information concerning custom- er complaints and work on systemic solutions to identified issues.

HIGHLIGHTclient who was a self-employed contractor needed a computer, ladder, and office equip-

ment for his small business. The vocational rehabilitation (VR) counselor was requiring the client to complete a small business plan and workwith a business consultant. The client told the VR counselor that he wanted to remain self employed and not work with VR business planners. MPAS advocated for and VR agreed to purchase the business equipment and provide the necessary certification training.

MPAS also participated in the Statewide In- dependent Living Council meetings. The council writes the State Plan for Independent Living Centers and monitors the progress.

Outreach to underserved populations is an MPAS priority across all programs and one way we did this was by participating in Project Home-

less Connect

thousands of individuals, many of whom have disabilities, and are homeless or at risk of becoming homeless.

MPAS was also active in a Veterans Ad- ministration Stand Down which is an event providing services to homeless veterans such as food, shelter, clothing, health screenings, Veterans

HIGHLIGHTnother case involved a client who neededa computer and training to build his

skills and become employable. With the assistance of MPAS, the client received a laptop computer, data entry training, Job Access With Speech (JAWS) training, and Microsoft Windows training. The client was successful with his training and is now employed.

Administrations and Social Security benefits counseling, and referrals to a variety of other necessary services, such as housing, employment and substance abuse treatment. Stand Downs are collab- orative events, coordinated between local Veteran Administration agencies, government agencies, and community organizations that serve the homeless population.

MPAS staff gave general information on our agency’s services and on the Client Assistance Pro- gram (CAP) to 90 vocational rehabilitation counsel- ors and staffers at centers for independent living. Staff presented general information on agency services, training on CAP, and on the Protection and Advocacy for Beneficiaries of Social Security (PABSS) program to 40 people at the Michigan

672 Individuals recei ved information and referral services


225 Individuals received direct representation


events with other human service agencies throughout the state. These events are attended by

Commission for the Blind (now the Bureau of Ser- vices for Blind Persons). Employees staffed booths at the Michigan Vision Expo in Kalamazoo, at the Rehabilitation Conference in Grand Rapids, andat an event geared toward veterans who are homeless.

A staff member, proficient in English, Arabic,

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and Hebrew is a member of the Bureau of Ser- vices for Blind Persons (formerly the Michigan Commission for the Blind) Diversity Committee.

HIGHLIGHTperson requested vocational rehabilitation services to provide financial support for

massage therapy training which the counsel- or was denying. After discovering there was a communication problem between the client and the counselor regarding a chosen career goal, the CAP advocate was able to discuss the

As a member of the committee, she consults with Bureau staff members on how to better engage their Arab American clients.

client’s wishes with the counselor. After MPAS involvement and talking with the counselor,the counselor was supportive of the idea of the client attending massage therapy training and amended the Individualized Plan for Employ- ment (IPE) to include continuing education credits for massage therapy.

Priority: Improve Access to Necessary ServicesPAS asserts that people with disabilities have a right to access the services and assistive technology they need to help

them remain fully integrated in school, employment, recreation, and the community at large. This also means that governmental entities and providers of critical services will be accessible and provide necessary accommodations.Removing Barriers to Recreational Activities Gives People with Disabilities fun Without Limits

PAS made a difference in the lives of people with disabilities who want to have more fun in

our state. As a direct result of our involvement with the Department of Natural Resources (DNR) Ac- cessible Advisory Council (AAC), laws were passed and policies updated to expand recreational and hunting opportunities for people with disabilities in Michigan.

On the legislative front, lawmakers passed a

had to wear a helmet which inter- fered with shooting. With these new changes in place, people

with


MPAS works with others to eliminate programmatic and accessibility barriers in state parks and recreational activities

maintained by the DNR.

It also provides input on new construc- tions, existing recreation/structure remodeling, and DNR policies.

bill that allows people with walking disabilities to use off-road vehicles on game-bird hunting pre- serves, to carry a loaded gun while on the vehicle, and to ride without a helmet while hunting. Prior to this legislation, someone needed to walk beside the hunter/driver of the off-road vehicle, the person walking had to carry the firearm, and the hunter

disabilities can now hunt independently and enjoyit without unnecessary restrictions or barriers.

The Council also influenced positive changes made to the Michigan 2012 Fishing Guide. In the past, it used language taken from federal law which included derogatory terms when referring to individuals with intellectual disabilities. Updated in


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Priority: Improve Access to Necessary Services

2012, it now uses more appropriate, person-first language. Similarly, the Michigan 2012 Hunting Digest was revised to provide clarification about regulatory changes that benefit individuals with disabilities.

As a member of the AAC, MPAS also works with producers of the show, A Wider World (for-

The AAC also hosted an event fea- turing state-of-the-art adaptive archery and shooting equipment which will be used in next year’s Paralym-

1075 Individuals received information and referral services


merly known as Disabilities Today), which airs on public television. The show focuses on cutting edge treatment options, sports activities, and a varietyof adaptive equipment people can use to participate in outdoor activities. The program has an active YouTube site that has been viewed internationally and promotes adaptive equipment and Michigan’s outdoor opportunities. To see where this program airs, go to www.pbs.or g .

pic games. Some of the equipment showcased willalso be used by some of the more than 500 athletes participating in the Dwarf World Games, hosted by Michigan State University in 2013.

Thanks to these and similar efforts, MPAS is assuring that people with disabilities can participate in the same recreation and sporting activities they love – independently or with others – who love the same activities they enjoy.

HIGHLIGHTprovider from an adult foster care home (li- censed group home) called MPAS to report

that a resident had recently died in his home just three days after being discharged from a nursing home. The provider suggested that the resident was neglected at the nursing home and that the nursing home was mismanaging finances.

An MPAS advocate spoke to staff at the nursing home, reviewed nursing home and hospital medical records, spoke to the State Licensing agency about the client’s death, and obtained records from the medical examiner.It was discovered that the adult foster care home provider had been visiting the resident at the nursing home and pushing that he be discharged to live in his (provider’s) home.

When the resident’s medical doctor would not support discharge to a group home, the adult foster care provider had the resident’s brother (who had not previously been involved) sign the resident out of the nursing home against medical advice. Due to the hasty re- moval, proper discharge planning did not occur (which MPAS asserts contributed to the client’s death).

The State Licensing agency conducted an investigation and recommended revocation of the adult foster care home provider’s license. Although the provider appealed the recommendation, an administrative law judge supported the licensing agency’s recommendation, and the provider’s license was revoked.

Protection and Advocacy of Voter Accessibility (PAVA)PAS continued its’ work to ensure the participation of people with disabilities in

the

Priority: Improve Access to Necessary Serviceselectoral process and is proud to announce

several points of accomplishment.Trainings and Forums

During this past year MPAS held multiple trainings in an effort to educate people with disabilities about their right to vote. These trainings10 MPAS 2012 Annual Report

concentrated on not only the rights of voting, but the process in which people go through while exer- cising those rights. In addition, we felt it important to help people with disabilities become more famil- iar with the candidates running for various offices in their districts. To this end we hosted two Can- didate Forums, attended by over 360 people with disabilities, and encompassing the participation of 29 different candidates running for office. These

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Priority: Improve Access to Necessary Services

forums allowed our population to better understand the positions of the candidates, and the unique responsibilities of different offices.Polling Place Accessibility

MPAS has an extensive history of working to make sure that all voting locations in the State of Michigan are in compliance with the Americans with Disability Act. This year we continued our efforts in this arena by visiting over 250 voting locations across the state. In the unfortunateHIGHLIGHT

child with emotional impairment was struggling with behavior issues, and as a

result was at risk of being moved out of home into an institutional setting. MPAS provided

circumstance that we came across a non-compliant location, a letter was sent to the local clerk respon- sible for the polling place, making him/her aware of the violations, the Bureau of Elections (BOE) was notified, and information concerning how to remedy the non-compliant location was given. We record and continue to monitor the non-compliant locations, assisting them in applying for federal funds to fix the barriers, and taking stronger action if the issues are not resolved in a timely manner.

advocacy on behalf of the student with the school and community mental health program.As a result, the child received an enhancedplan of service and behavior supports from both providers, keeping him in the community.

MPAS Participates in Special Education Advisory CommitteePAS is a regular attendee at monthly State Board of Education and State Spe-

cial Education Advisory Committee (SEAC) meetings, and has now joined the Michigan Transition Outcome Project (MI-TOP) Advisory Committee. At SEAC, MPAS used survey data to question a policy directive regarding de facto suspension of students with disabilities, lead-

ing SEAC to review all of its policy pronounce- ments. At MI-TOP, MPAS staff were given prominent planning and moderating roles in statewide conversations about transition services. In all of these groups, MPAS provides an advocacy voice at the table when policy issues are being discussed.

MPAS Given Award for Assuring Polling Places are Accessible

erri Lynn Land, Michigan’s former Secretary of State, joined MPAS President Michelle Huerta to

accept an award presented to MPAS for its work to remove barriers to voting under the Help America Vote Act (HAVA). The award was presented to MPAS at the National Disability Rights Network (NDRN) Conference in Baltimore, Maryland. Secretary Land was instrumen- tal in securing federal funding for county clerks to make polling locations accessible.

Providing information on voting rights to clerks

Priority: Improve Access to Necessary Services and various disability groups continued to be a

priority especially since 2012 was a presidential election year. Continued outreach at Project Homeless Connect events

Pictured left to right: MPAS AdvocateAndrea Rizor, Terri Lynn Land, Michelle Huerta, MPAS Executive Director Elmer Cerano.

throughout Michigan and putting more efforts in the residential psychiatric facilities provided MPAS with access to individuals that are traditionally underserved in Michigan.


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Priority: Ensure Right to a High Quality

EducationKeeping Children with Behavior-Related Disabilities in School

PAS continued its systemic initiative to improve outcomes for children with intellectual

or developmental disabilities who are excluded from school because of disability-related behavior.

Within the past year, MPAS continued to collect data via parent surveys. Last year, MPAS talked about disability-related behavior in school withover 1,100 callers from over 150 school districts. MPAS has filed over 50 special education administrative complaints on behalf of individual students to date as well as a number of systemic complaints. MPAS has also filed due process complaints on behalf of individual students and on systemic issues.

MPAS has spoken with parents, advocates, local district staff, intermediate school district staff, mental health professionals, juvenile court work- ers, and numerous individuals in the community. Through trainings, outreach, phone calls, webinars, information and referral, and informal conversations, MPAS continues working to develop grass- roots awareness of hidden disabilities which impact

behavior. MPAS also continues to emphasize the importance and effectiveness of positive behavior interventions and supports, as well as the role of individualized behavior supports in the provision of a free appropriate public education (FAPE) to each student with a disability.

Additionally, MPAS has worked directly with the Michigan Department of Education, Office of Special Education (MDE-OSE). MPAS has provided comment regarding proposed administrative rules and proposed monitoring standards to MDE-OSE. MPAS has met with staff from the Office of Pro- gram Accountability to discuss areas of concernand areas of mutual agreement. MPAS also voiced concerns regarding MDE-OSE with the U.S. De- partment of Education, Office of Special Education Programs (OSEP) prior to the OSEP site visit in November 2011. OSEP cited MPAS’ input in its corrective action findings by ordering MDE-OSEto reform its complaint process and procedures to address substantive special education issues.


Education



EducationThe MPAS work plan is intended to change

the way schools understand and address disability-related behavior. We continue to focus on ensuring that schools identify students with challenging disability-related behavior early, and then support them adequately. We continue to utilize formal processes to bring about systemic improvements. MPAS believes that, if students with challenging disability-related behavior are to experience better outcomes, MDE-OSE must improve its practices of general supervision regarding FAPE – in the investigation of administrative complaints, issuance

of corrective actions, and in activities related to focused monitoring.

914 Individuals received information and referral services


HIGHLIGHT♦ An eight-year-old boy with autism

was being disciplined on a regular basis by acharter school. MPAS investigated and filed a state complaint. The complaint was originally denied but then substantiated after MPAS appealed. The boy moved, but the charter school was required to provide assurances that it would evaluate him as required by law should he decide to reenroll.

♦ A 15-year-old boy with attention deficit hyperactivity disorder (ADHD) was expelled from school without post-expulsion services. MPAS investigated and filed a state complaint. The district agreed to revoke the expulsion and allowed the boy to return to school.

♦ An 11-year-old boy with ADHD was dismissed from special education and then expelled the next day. MPAS investigated and filed a state complaint. The district agreed to return the boy to school with compensatory services.

♦ A 17-year-old young man with ADHD was sent home from school and told never to


Educationreturn because he was disrespectful. MPAS investigated and filed a state complaint. The state found the district out of compliance and ordered reinstatement to school and compensatory education.

♦ A 14-year-old boy with a learning disability was suspended and denied appropriate services; school staff referred him to MPAS. MPAS investigated and filed a state complaint. The district agreed to participate in wraparound

services, conduct new evaluations, and rewrite the boy’s individualized education program (IEP) to provide more appropriate services.

♦ MPAS’ Marquette office filed a complaint on behalf of a 16-year-old woman with mental health and learning disabilities who had been expelled from school for a full year. The state substantiated all allegations in the complaint and ordered reviews of programs for all other students in the district, with ongoing corrective action until the district achieves 100% compliance with the law.



EducationWorking with other Agencies to Provide Education and Training29 Special Education Rights Training

Sessions (including 9 webinars)773 Individuals trained in Special

Education Rights30 Advocates and attorneys attended day-

long panel discussion on Special Education Rights

By partnering with other agencies, we can achieve common goals more efficiently and with greater effectiveness. Also, by leveraging resources and talent across agencies, we achieve greater impact and better outcomes. MPAS cosponsored 40 trainings that reached 1,005 participants.

MPAS collaborated directly with the state Par- ent Training and Information (PTI) program (Mich- igan Alliance for Families), the state mediation program (Michigan Special Education Mediation Program), and the Family to Family Health Infor- mation Education Center. Training topics ranged

from writing an individualized education program (IEP) and transition planning to understanding rights, responsibilities, and complaint processes regarding special education services.

MPAS served on the management team of the state Parent Training and Information (PTI) initiative for special education called the Michigan Alliance for Families. This initiative is the federally-mandated and funded parent support program in Michigan. The management team oversees the training program, training model, website, and evaluation of the program. The program is imple- mented by parents for parents.

MPAS distributed 1224 copies of its manual, Special Education: An Advocate’s Manual, com- pletely updated in the summer of 2012.

188 Parent Questionnaires July-September 2012

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%1

Behavior 2 Grades3

Ab-4 5 Office

86 PickUp

7 Suspen- Restraint 9 Court 10 Partial 11 Home 12 Under 14

Problems sences Retention Referrals sionSeclusion

Referral Day bound 11 Eligibility


EducationBlank 0 1 1 1 1 0 2 1 3 2 3 1 25

No 77 102 108 144 134 129 160 161 162 173 179 108 41

Yes 111 85 79 43 53 59 26 26 23 13 6 79 122


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Disability Advocates Speak up

at Legislative Keeping Children with Behavior-Related Disabilities in School

ecause legislation plays a critical role in the development of policies that impact people with

disabilities, MPAS hosted a luncheon with Michi- gan senators and representatives at a Legislative Luncheon held at the Capitol in downtown Lansing, February 28, 2012.

MPAS staff and Board members spoke with legislators and their staff from across the state about the agency’s public policy platform, current priorities, and mission.Some of the topics discussed were:

◆tightening background checks of people who work with vulnerable individuals,

◆strengthening Michigan’s nursing home licensing system,

◆achieving parity for mental health and autism coverage,

◆preserving the state law entitling special education supports and services from birth through age 26,

◆improving protections for seniors and vulnerable adults,

◆preserving auto-no fault insurance law,◆requiring guardians to have financial

reporting requirements,◆streamlining Medicare and Medicaid

dual eligibility system,◆replacing the internal Recipient Rights

system with an independent, statewide rights protection system.The event was an overwhelming success.

In an effort to keep disability issues in the forefront of lawmakers, MPAS plans to hold a similar meeting between disability advocates and legislators on a yearly basis.


at Legislative MPAS 2012 Annual Report 15


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Prizes Awarded to Essay Winners Following Legislative Luncheonach year, MPAS sponsors a Disability Advocacy Essay Contest. Writers are asked to compose real, motivating stories about people with disabilities who

have successfully advocated for themselves or others and achieved success. Priz- es are awarded to first, second, and third-place winners during the annual Board of Directors meeting at the Capitol.

The MPAS Board of Directors conducted their quarterly meeting in the Speakers Library following the Legislative Luncheon. Prior to discussing agency business, Scott Spicer read his winning essay that told of how MPAS helped him in his struggle to win a discrimination charge against a former employer. His essay won second place in the contest and netted Scott a $200 award.

First-place essay winner Florida Harris and third-place winner Deanna Fooce were unable to attend the meeting and read their essays; however, they each received awards of $300 and $100 respectively.

MPAS Website is Getting a Redesign!rogress continues in modernizing the agency website. The goal is to create an attractive,

accessible, user-friendly website which will provide valuable content to our clients and online visitors interested in disability topics.

Much time and care was taken to determine how we could best serve our clients through a new-

ly designed website. A developer has been chosen, the contract signed, and the kickoff meeting has taken place. We even have a timeline to keep us on the ball and focused on our final goal.

We have completed the information architecture stage which means we have created a plan and a structure for the information that our new website will contain. This includes planning for the menu system, page layouts, and content. The home page is also complete, and we’re in the process of trans- ferring and creating content.

Although the countdown to launch has not yet been determined, the website address will remain the same. Stay tuned to


at Legislative www.mpas.org or look for progress updates in the MPAS newsletter, Ex-

change, and on our Facebook page.


Michigan Protection and AdvocacyService Board of Directors

Michelle Huerta, Esq. Ronald D. Bush, II, JD Jane ShankPresidentLivonia

West Bloomfield Interlochen

Kate Pew Wolters First Vice

President Grand Rapids

Donna DePalma, LMSWPinckney

Frederick A. SweglesDirector Emeritus

Port Huron

Thomas H. Landry Second Vice

President Highland

Kathy McGeathyFlint

Frederick F. (Rick) Swegles, Esq.Port Huron

Pamela Bellamy, Ph.D. Secretary Lansing

Susan L. OdgersTraverse

City

Frank Turnage, MLM, MSARoscommon

John P. McCulloch Treasurer

Royal Oak

Stoney Polman, LPCSt. Johns

Ann ManningClarkston

Mark R. Lezotte, Esq. Immediate Past President

Detroit

Michigan Protection and Advocacy Service PAIMI Advisory Council

Jane Shank Chairperson Interlochen

Selena Schmidt Vice Chair

Shelby Township

Jill BushaWest Branch

Kelly Riegel-GreenClinton Township

Richard OsburnMidland

Gerald ProvencalClinton Township

Mary WilliamsonColumbiaville


Indirect costs incurred 329,511 342,483Fundraising 3,302 2,487Other 534 1,033

Total expenses 3,591,248 3,692,081

Increase in Net Assets 89,512 53,171

Net Assets – Beginning of year 433,154 379,983

Net Assets – End of year $ 522,666 $ 433,154

Michigan Protection andAdvocacy Service, Inc.

Statement of Activities and Changes in Net Assets

Year Ended

September 30, September 30,2011 2012

Revenue(Unrestricted)

Government grants $ 3,539,377 $ 3,727,537Private Contracts 126,107 -Other 15,276 17,715

ExpensesTotal revenue 3,680,760 3,745,252

Program services:Salaries 1,772,831 1,879,901Fringe benefits 623,497 582,552Payroll taxes 131,733 136,773Contracted services 45,741 16,112Conferences, meetings, and travel 152,591 160,685Occupancy (Note 3) 247,586 285,024Repairs and maintenance 23,714 24,194Supplies and miscellaneous 33,592 48,451Printing 46,619 42,361Telephone 20,107 18,013Postage 34,892 32,696Publications 23,801 21,578Insurance 65,345 59,918Depreciation (Note 2) 5,426 5,422Computer services 30,426 32,398

Total program services 3,257,901 3,346,078

Administrative expenses:

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Please Consider A Deferred Gift to MPAS

Your Donation Helps us Protect the Rights of People with Disabilitiesichigan Protection and Advocacy Service (MPAS) is part of the federally mandated pro-

tection and advocacy system and receives the ma- jority of its funding from federal grant programs and a small portion from the State of Michigan. We accept and always appreciate donations from private donors and organizations.

One way to support MPAS is with a planned or deferred gift of cash or investment securities. This can be arranged through your will or trust.

A cash gift is also appreciated and is generally tax deductible from your federal income tax return. MPAS is a 501(c) 3 nonprofit organization.Voice, TTY, and language accommodations available.

We encourage you to check with your tax advisor concerning a tax deduction for your gift.

If you have already donated, thank you for your support. To become a donor, please send your donation in the envelope included in this report or contact:

Michigan Protection and Advocacy Service, Inc.

4095 Legacy Parkway, Suite 500Lansing, MI 48911-

4263800.288.5923

www.mpas.org Find us on Facebook

MPAS publications, including this annual report, are available in alternative formats.

Michigan Protection and Advocacy Service is Michigan’s protection and advocacy agency mandated by federal and state law to advocate for individuals with disabilities. MPAS receives part of its funding from the Administration on Developmental Disabilities, the Center for Mental Health Services-Substance Abuse and Mental Health Services Administration, the Rehabilitation Services Administration, and the Social Security Administration.

Protection and Advocacy Programsichigan Protection and Advocacy Service provides advocacy and legal services through funding pro-

vided by eight protection and advocacy (P&A) programs mandated by the Congress of the United States.P&A for Individuals with Developmental Disabilities (PADD)

◆U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Intellectual and Developmental Disabilities

P&A for Individuals with Mental Illness (PAIMI)

◆U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services

P&A for Individual Rights (PAIR)

◆U.S. Department of Education Office of Special Education and Rehabilitation Services, Rehabilitation Services Administration

Client Assistance Program (CAP)


P&A for Assistive Technology (PAAT)


P&A for Beneficiaries of Social Security (PABSS)

◆Social Security Administration Office of Acquisitions and Grants.

P&A for Voting Accessibility (PAVA)

◆U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Developmental Disabilities

Traumatic Brain Injury (TBI)

◆U.S. Department of Health and Human Services, Health Resources and Services Administration


4095 Legacy Parkway, Suite 500Lansing, Michigan 48911-4264517.487.1755 • 800.288.5923

(Voice or TTY) Fax

517.487.0827www.mpas.org

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