[nfbmi-talk] mpas 2012 text version annual report

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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.




Message From the Executive Director



The Year 2012 in Review

I
I
am happy to again report that the State of theOrganization is both fiscally and programmatically
sound. As we close another fiscal year, I ampleased to report to the Board of Directors and tothe public, that the financial and programmaticintegrity of
Michigan Protection and Advocacy Service
is accurate and in compliance with the missionand all applicable laws, rules, and regulations.

Although we have been able to manage thevery limited and decreasing financial resources ofthe organization, we find that the need for effectiveadvocacy
is increasing. To address some of the multiple
issues facing people with disabilities and theirfamilies we have tried our best to do more with
less, but we are finding this task overwhelming.
The need for advocacy is on a faster track than ourresources can accommodate.

We have learned that change is inevitable –
sometimes change is good and other times it simplymakes things worse. We learned that we can oppose
change but soon find ourselves swallowed bythe currents. We can accept change and simply tryto find where people with disabilities will fit in withthe new
order of things. OR, we can lead the changes
that are needed.

We have
attempted to do thisin our work to:

. Eliminate abuse
and neglect in
Michigan
nursing homes
. End the
unbridled use
of restraint and
seclusion in
schools
. Assure people
with disabilities
prompt and
appropriate

access to needed services

. Protect against employment discrimination
. Promote the full inclusion of people with
disabilities into the fabric of society
The future will unfold without us if we allow
it. We have an obligation to those we represent tospeak up and make sure that people with disabilities
have a voice and a role in designing the worldof the future. There is so much more yet to be done.

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

Elmer L. Cerano

Executive Director

Elmer L. CeranoExecutive Director


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MPAS 2012 Annual Report



Thousands were Served with
Information and Referral Services



I
I
nformation and referral (I&R) advocates take incoming callsfrom the public and offer short-term assistance to peoplecalling the agency. Staff provides technical
assistance literature,
advice and counseling, referral to other agencies that can moreappropriately meet callers’ needs, and help in drafting letters orcompleting forms, among
other services.

I&R advocates answered disability-related questions on awide 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 suggestions
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 believed
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



Priority: Eliminate Abuse and Neglect


M
M
PAS 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 serious
physical abuse and neglect in facilities where people withdisabilities reside and/or receive services. In addition, staffregularly monitored five state
psychiatric facilities. Staff alsomonitored group homes and provided assistance to residents.

MPAS Report Shows Abuse and Neglect in Nursing


Homes Across Michigan

A
A
major initiative undertaken by MPAS in fiscalyear 2012 involved the abuse and neglect ofnursing home residents.

After reviewing nursing home surveys collectedby the Department of Licensing and Regulatory
Affairs (LARA), MPAS found that many nursing
home residents had experienced severe neglectand abuse – sometimes resulting in death.

One survey in Washtenaw County described
how a female resident was found with maggotsinfesting in and around her catheter area. Theregistered 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 serviceswere called to suction maggots from a resident’strachea.

MPAS went public by contacting mediathroughout the state.

LARA responded by saying that the departmentwas aware of the maggot cases due to complaintsfiled by the Bureau of Health Systems. According
to LARA, the nursing homes have been fined,

HIGHLIGHT

M
M
PAS filed a complaint with the U.S. Officefor Civil Rights (OCR) challenging theuse of prone restraint practices in a Michiganschool district. The complaint
alleged that thedistrict’s use of prone restraint, an especiallydangerous form of physical restraint, violatedstate and district policies and therefore
was

penalized and required to bring their facilities intocompliance.

MPAS responded that paying fines and re-training
personnel is not enough to ensure patient safetyand quality of life. The problem of substandard careis system wide and extends beyond one or two facilities.
The current regulations and laws (mandatoryreporting) already in place need to be enforced on aconsistent basis and to the fullest extent. All parties
should be held accountable and, if the infractions
rise to the level of criminality, they should bereported to law enforcement and prosecuted justlike any other crime.

In addition, MPAS insists that nursing homeowners and operators of poor performing facilitiesbe banned from doing business in Michigan. WhileLARA is working
within the present system – investigating,
requiring a plan of correction, andfollow-up visits –
the current system 506 individuals received
does not address the

information and

failures of safety

referral services

nets that should be

74 individuals received

in place to preventabuses. direct representation

discriminatory under Section 504 of the Federal
Rehabilitation Act. After an investigation,
OCR agreed and ordered the district to correctits practices to conform to its own policy. Thisfinding could lay the groundwork for furtherchallenges to
restraint and seclusion practicesin other districts.

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MPAS 2012 Annual Report



Priority: Eliminate Abuse and Neglect


What is MPAS doing to Protect Nursing Home Residents?


S
S
ome of the legal strategies that MPAS has putin place are:

. referring nursing home administratorswho attempt to cover up abuse/neglect orwho retaliate against employees whocooperate with state inspectors to lawenforcement
for prosecution;
. referring cases of abuse/neglect by facilitystaff to law enforcement for prosecutionunder the Vulnerable Adult Abuse Act;
. monitoring those prosecutions to makecertain that charges are brought forth;
. filing complaints against the professionallicenses/certificates of nurses, doctors, aides,
and others who abuse, neglect, or mistreatresidents;

. referring cases of abuse,
neglect, and mistreatment to attorneysexperienced in litigating against nursinghomes;
. advocating for expanded MiChoice servicesto allow people who need nursing or homecare to get it in the community;
. educating policy makers;
. examining the current oversight process toidentify deficiencies and advocating forchanges within the system to end abuse,
neglect, and mistreatment.
MPAS is also Pushing for Laws that Protect Against Abuse and Neglect in Nursing Homes

M
M
ichigan currently has a background check pro-abuse, neglect, or exploitation and are still workingcess for all nursing home employees who have within nursing
homes. MPAS is working to closebeen convicted of abuse, neglect, or exploitation that loophole in the law by supporting a series ofof residents within
those facilities. The current bills that would expand the background check pro-
registry is not effective, however, because not all cess.
employees who should be reported for violations of

Protecting Against Abuse and Neglect in Schools and Child Caring Institutions

M
M
PAS monitored and brought a series of licensing
complaints against a child caringinstitution with an excessive rate of restraint and
seclusion. As a result of the complaints, the stateBureau of Child and Adult Licensing (BCAL)
moved to revoke the license of the facility.

Other monitoring visits have provided supportto 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 thecommunity. In some cases, discharge is acceleratedthrough MPAS involvement. In addition, areas ofconcern are
shared with policy makers and otherinvestigators, helping MPAS and others developand improve accountability strategies.

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

The bill prohibits the use of seclusion, mechanicaland chemical restraint, aversive behavioral interventions
and physical restraint that is life-threatening.


Several national reports were issued on restraint
and seclusion in schools including reportsfrom the National Disability Rights Network,
TASH, National Alliance on Mental Illness, Consortium
of Citizens with Disabilities, Coalition of
Parent Advocates and Attorneys, and the AmericanAssociation of School Administrators.

Raising the visibility of school bullying as itaffects students with disabilities has been a longstanding
effort. With the support of MPAS andothers in the community, the Michigan Legislature
passed an anti-bullying bill requiring schooldistricts to adopt anti-bullying policies, includingpolicies to address bullying of students with disabilities.
Attention is now turned to passing ananti-bullying bill at the federal level.

MPAS 2012 Annual Report

5



Priority: Improve Rights Protection Systems


M
M
PAS continued to advocate for effective systems
and proceedings to safeguard the rightsof people who have guardians. One way MPAS didthis was by supporting legislation to require increased
financial reporting by guardians to protectagainst financial exploitation.

HIGHLIGHT

A
A
n 86-year-old man had been placed undera guardianship order. Although he had thecapacity to make personal decisions and only required
minimal assistance, his corporate guardianwas overly controlling and demanding. MPAS negotiated
an agreement allowing the client’s guardian
to resign and be replaced by a family memberof his own choosing.

MPAS helps assure that people with disabilities
who are subjected to guardianship have theirrights protected by seeking court protection whenguardians are abusive or neglectful to the pointwhere it affects
their physical or mental health and

HIGHLIGHT

D
D
uring a routine monitoring visit at a state psychiatric
facility, an advocate was stopped by aresident who complained that the facility’s vending
machines were poorly stocked and inconsistentin reimbursing change. After several unsuccessfulattempts to get the facility director and recipient
rights officer to resolve the issues, advocatescontacted the vendor, and the resident was reimbursed
for the money he had lost in machine.

A number of systemic changes also occurredaffecting more than 250 residents, including: replacing
and upgrading vending machines, havingmoney automatically returned from the machineif a selection is not available or it takes too longto make a selection,
getting reimbursements fromthe operator every seven days, and adding healthysnacks to the selections (e.g. baked chips, nuts) soall residents, regardless
of dietary restrictions, canuse the vending machines.

6

MPAS 2012 Annual Report

well-being. Examplesof this include medical 787 individuals received
neglect or exploitation,

information and

undesirable mental

referral services

health treatment

18 individuals received

including electroconvulsive
therapy (ECT), direct representation
substandard or restrictive
living conditions, or having a guardian whoacts outside the scope of their legal authority.

One of the most important rights protectionssystems for vulnerable individuals is the state’sBureau of Child and Adult Licensing (BCAL).
This is the agency that inspects adult foster carefacilities and child caring institutions. BCAL alsoresponds to complaints from residents and othersabout
conditions, incidents of abuse/neglect, andrights violations. After an extensive investigationof the treatment of a resident at an adult foster
care facility, BCAL began proceedings to revoke thelicense of the operator. The decision to revoke thelicense was upheld by the administrative law judge,
but the local Circuit Court reversed that decision.
BCAL has asked the Michigan Court of Appeals touphold its original decision to revoke the license.

Because MPAS sees this as such an importantcase, we made the decision to file what is called
an amicus brief. Basically, MPAS is agreeing withBCAL and asking that the revocation stand. Ourbrief details the sad history of abuse, neglect, andrights
violations in institutions and emphasizes theimportance of an effective rights protection system,
such as BCAL.

In an effort to provide additional protection tovulnerable individuals, MPAS drafted a checklist
of ethical requirements for professional guardians.
Livingston County Probate Court now requires thatall professional guardians agree to abide by theseethical requirements before receiving guardianshipappointments.

MPAS conducted four trainings to 77 attendeesin typically underserved (and unserved) areas ofthe state. Fifty people in a rural area attended atraining
session on alternatives to guardianshipand durable power of attorney. Staff also providedtraining at a national conference on strategies tocounter expansion
of commitment laws, includingpowers granted to guardians.



Priority: Improve Rights Protection Systems


HIGHLIGHT

M
M
PAS was contacted by the mother of twoadult men with intellectual or developmental
disabilities whose rights were being violated
by their guardian. MPAS filed RecipientRights complaints alleging multiple violationsof the Michigan Mental Health Code.

The Recipient Rights Office investigated thecomplaints and substantiated several of them,
ordering the local community mental healthagency to train its staff on enforcing the rightsof people under guardianship, particularly withregard to treatment
team decisions.


Priority: Eliminate Employment Barriers
to Employment and Protect Rights


M
M
PAS works with individuals who have disabilities to ensure that they have reasonable opportunitiesfor employment and independent living, freedom from employment
discrimination, and access tofinancial and health benefits related to obtaining or retaining employment.

Order of Selection for Vocational Rehabilitation Services

A
A
ccording to federal law, when a state does notalso allows MPAS to closely oversee the program tohave the resources to provide all necessary assure that
appropriate services are provided to allvocational rehabilitation (VR) services to all eligible eligible individuals without a waiting list.
individuals, it must implement an order of selection
to determine which consumers will receive services.
Essentially, the order of selection means establishing
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 individualson the waiting list will not be reached.

As of the end of fiscal year 2012, an order ofselection (OOS) was enacted in Michigan butnone of the categories were closed and a waitinglist had not been
created. Although MPAS opposes
implementation of an OOS, the State Plan forstate 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 traininginformation to assist Michigan Rehabilitation staffin making the transition. Workgroup participation

MPAS 2012 Annual Report

7




Priority: Eliminate Employment Barriers
and Protect Rights


Collaborating with Organizations to Fulfill Agency Priorities and Objectives


M
M
PAS continued working with Michigan
Council for Rehabilitation Services. The
Council is a consumer-driven, governor-appointed,
statewide organization as mandated in the Rehabilitation
Act of 1973, as amended. The Council’s
mission is to improve Vocational Rehabilitationservices in Michigan by reviewing, analyzing andadvising the agency regarding pertinent issuesand concerns.
Having a seat on this Council allowsMPAS to provide information concerning customer
complaints and work on systemic solutions toidentified issues.

HIGHLIGHT

A
A
client who was a self-employed contractorneeded a computer, ladder, and office equipment
for his small business. The vocational rehabilitation
(VR) counselor was requiring the clientto 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 purchasethe business equipment and provide the necessary
certification training.

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

Outreach to underserved populations is anMPAS priority across all programs and one way wedid this was by participating in Project Home


less Connect

events with

672 Individuals received

other human

information and

service agenreferral
services cies through


225 Individuals received out the state.

direct representation
These events
are attended by

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

MPAS was also active in a Veterans Administration
Stand Down which is an event
providing services to homeless veterans such asfood, shelter, clothing, health screenings, Veterans

HIGHLIGHT

A
A
nother case involved a client who needed

a 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 train


ing. The client was successful with his training

and is now employed.

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

MPAS staff gave general information on ouragency’s services and on the Client Assistance Program
(CAP) to 90 vocational rehabilitation counselors
and staffers at centers for independent living.
Staff presented general information on agencyservices, training on CAP, and on the Protectionand Advocacy for Beneficiaries of Social Security(PABSS) program
to 40 people at the MichiganCommission for the Blind (now the Bureau of Services
for Blind Persons). Employees staffed boothsat the Michigan Vision Expo in Kalamazoo, at theRehabilitation Conference in Grand Rapids, andat an event geared
toward veterans who are homeless.


A staff member, proficient in English, Arabic,

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MPAS 2012 Annual Report



Priority: Eliminate Employment Barriers
and Protect Rights


and Hebrew is a member of the Bureau of Services
for Blind Persons (formerly the MichiganCommission for the Blind) Diversity Committee.

HIGHLIGHT

A
A
person requested vocational rehabilitationservices to provide financial support formassage therapy training which the counselor
was denying. After discovering there was acommunication problem between the client andthe 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 theclient attending massage therapy training andamended the Individualized Plan for Employment
(IPE) to include continuing educationcredits for massage therapy.


Priority: Improve Access to Necessary Services



M
M
PAS asserts that people with disabilities have a right toaccess the services and assistive technology they need to helpthem remain fully integrated in school,
employment, recreation,
and the community at large. This also means that governmentalentities and providers of critical services will be accessible andprovide necessary accommodations.

Removing Barriers to Recreational Activities Gives

People with Disabilities fun Without Limits

M
M
PAS made a difference in the lives of peoplewith disabilities who want to have more fun in
our state. As a direct result of our involvement with
the Department of Natural Resources (DNR) Accessible
Advisory Council (AAC), laws were passedand policies updated to expand recreational andhunting opportunities for people with disabilities inMichigan.

On the legislative front, lawmakers passed abill that allows people with walking disabilities touse off-road vehicles on game-bird hunting preserves,
to carry a loaded gun while on the vehicle,
and to ride without a helmet while hunting. Priorto this legislation, someone needed to walk besidethe hunter/driver of the off-road vehicle, the personwalking
had to carry the firearm, and the hunter

had to wear
a helmet
which interfered
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 constructions,
existing recreation/structure
remodeling, and DNR policies.

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

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

MPAS 2012 Annual Report

9



Priority: Improve Access to Necessary Services


1075 Individuals received
information and
referral services
88 Individuals received
direct representation
2012, it now uses more appropriate, person-firstlanguage. Similarly, the Michigan 2012 HuntingDigest was revised to provide clarification aboutregulatory
changes that benefit individuals withdisabilities.

As a member of the AAC, MPAS also works
with producers of the show, A Wider World (formerly
known as Disabilities Today), which airs onpublic television. The show focuses on cutting edgetreatment options, sports activities, and a varietyof adaptive
equipment people can use to participatein outdoor activities. The program has an activeYouTube site that has been viewed internationallyand promotes adaptive
equipment and Michigan’soutdoor opportunities. To see where this programairs, go to www.pbs.org.

HIGHLIGHT

A
A
provider from an adult foster care home (licensed
group home) called MPAS to reportthat a resident had recently died in his homejust three days after being discharged from anursing home. The provider suggested
that theresident was neglected at the nursing homeand that the nursing home was mismanagingfinances.

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

The AAC also
hosted an event featuring
state-of-the-artadaptive archery andshooting equipmentwhich will be used in
next year’s Paralympic
games. Some of the equipment showcased willalso be used by some of the more than 500 athletesparticipating in the Dwarf World Games, hosted byMichigan 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 activitiesthey love – independently or with others – who lovethe same activities they enjoy.

When the resident’s medical doctor would
not support discharge to a group home, theadult foster care provider had the resident’sbrother (who had not previously been involved)
sign the resident out of the nursing homeagainst medical advice. Due to the hasty removal,
proper discharge planning did not occur(which MPAS asserts contributed to the client’sdeath).

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

Protection and Advocacy of Voter Accessibility (PAVA)


M
M
PAS continued its’ work to ensure the participation
of people with disabilities in theelectoral process and is proud to announce severalpoints of accomplishment.

Trainings and Forums

During this past year MPAS held multipletrainings in an effort to educate people with disabilities
about their right to vote. These trainings

concentrated on not only the rights of voting, butthe process in which people go through while exercising
those rights. In addition, we felt it important
to help people with disabilities become more familiar
with the candidates running for various officesin their districts. To this end we hosted two Candidate
Forums, attended by over 360 people withdisabilities, and encompassing the participation of29 different candidates running for office. These

10 MPAS 2012 Annual Report



Priority: Improve Access to Necessary Services


forums allowed our population to better understand circumstance that we came across a non-compliantthe positions of the candidates, and the unique location,
a letter was sent to the local clerk responresponsibilities
of different offices. sible for the polling place, making him/her aware of

the violations, the Bureau of Elections (BOE) was

Polling Place Accessibility

notified, and information concerning how to remedy

MPAS has an extensive history of working to the non-compliant location was given. We record
make sure that all voting locations in the State of and continue to monitor the non-compliant loca-
Michigan are in compliance with the Americans tions, assisting them in applying for federal fundswith Disability Act. This year we continued our to fix
the barriers, and taking stronger action if theefforts in this arena by visiting over 250 voting issues are not resolved in a timely manner.
locations across the state. In the unfortunate

HIGHLIGHT

A
A
advocacy on behalf of the student with thechild with emotional impairment was

school and community mental health program.
struggling with behavior issues, and as a

As a result, the child received an enhancedresult was at risk of being moved out of home

plan of service and behavior supports from bothinto an institutional setting. MPAS provided

providers, keeping him in the community.

M
M
MPAS Participates in Special Education Advisory Committee
PAS is a regular attendee at monthlying SEAC to review all of its policy pronounce-

State Board of Education and State Spe-ments. At MI-TOP, MPAS staff were givencial Education Advisory Committee (SEAC) prominent planning and moderating
roles inmeetings, and has now joined the Michigan statewide conversations about transition ser-
Transition Outcome Project (MI-TOP) Advisory vices. In all of these groups, MPAS provides anCommittee. At SEAC, MPAS used survey data advocacy voice at
the table when policy issuesto question a policy directive regarding de facto are being discussed.
suspension of students with disabilities, lead-

MPAS Given Award for Assuring Polling Places are Accessible

T
T
erri Lynn Land, Michigan’s former Secretary ofState, joined MPAS President Michelle Huerta toaccept an award presented to MPAS for its work toremove barriers
to voting under the Help America VoteAct (HAVA). The award was presented to MPAS at theNational Disability Rights Network (NDRN) Conferencein Baltimore,
Maryland. Secretary Land was instrumental
in securing federal funding for county clerks to makepolling locations accessible.

Providing information on voting rights to clerksand various disability groups continued to be a priorityespecially since 2012 was a presidential election
year.
Continued outreach at Project Homeless Connect eventsthroughout Michigan and putting more efforts in theresidential psychiatric facilities provided MPAS
withaccess to individuals that are traditionally underservedin Michigan.

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


MPAS 2012 Annual Report

11



Priority: Ensure Right to a High Quality
Education


Keeping Children with Behavior-Related Disabilities in School


M
M
PAS continued its systemic initiative to improve
outcomes for children with intellectualor developmental disabilities who are excludedfrom school because of disability-related behavior.

Within the past year, MPAS continued to collectdata via parent surveys. Last year, MPAS talkedabout 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 studentsto 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, localdistrict staff, intermediate school district staff,
mental health professionals, juvenile court workers,
and numerous individuals in the community.
Through trainings, outreach, phone calls, webinars,
information and referral, and informal conversations,
MPAS continues working to develop grassroots
awareness of hidden disabilities which impact

behavior. MPAS also continues to emphasize theimportance and effectiveness of positive behaviorinterventions and supports, as well as the role ofindividualized
behavior supports in the provision ofa free appropriate public education (FAPE) to eachstudent with a disability.

Additionally, MPAS has worked directly withthe Michigan Department of Education, Office ofSpecial Education (MDE-OSE). MPAS has providedcomment regarding
proposed administrative rulesand proposed monitoring standards to MDE-OSE.
MPAS has met with staff from the Office of Program
Accountability to discuss areas of concernand areas of mutual agreement. MPAS also voicedconcerns regarding MDE-OSE with the U.S. Department
of Education, Office of Special EducationPrograms (OSEP) prior to the OSEP site visit inNovember 2011. OSEP cited MPAS’ input in itscorrective action findings
by ordering MDE-OSEto reform its complaint process and procedures toaddress substantive special education issues.


12

MPAS 2012 Annual Report



Priority: Ensure Right to a High Quality
Education


The MPAS work plan is intended to change theway schools understand and address disability-related
behavior. We continue to focus on ensuringthat schools identify students with challengingdisability-related behavior early, and then supportthem adequately.
We continue to utilize formalprocesses to bring about systemic improvements.
MPAS believes that, if students with challengingdisability-related behavior are to experience betteroutcomes, MDE-OSE must improve its practices ofgeneral
supervision regarding FAPE – in the investigation
of administrative complaints, issuance

HIGHLIGHT

.An eight-year-old boy with autism wasbeing disciplined on a regular basis by acharter school. MPAS investigated and filed astate complaint. The complaint
was originallydenied but then substantiated after MPAS
appealed. The boy moved, but the charterschool was required to provide assurancesthat it would evaluate him as required by lawshould he decide to reenroll.
.A 15-year-old boy with attention deficithyperactivity disorder (ADHD) was expelledfrom school without post-expulsion services.
MPAS investigated and filed a statecomplaint. The district agreed to revoke theexpulsion and allowed the boy to return toschool.
.An 11-year-old boy with ADHD was dismissedfrom special education and then expelled thenext day. MPAS investigated and filed a statecomplaint. The district
agreed to return theboy to school with compensatory services.
.A 17-year-old young man with ADHD wassent home from school and told never to
of corrective actions, and in activities related to
focused monitoring.

914 Individuals received
information and
referral services
177 Individuals received
direct representation


return because he was disrespectful. MPASinvestigated and filed a state complaint. Thestate found the district out of compliance andordered reinstatement
to school and
compensatory education.

.A 14-year-old boy with a learning disabilitywas suspended and denied appropriateservices; school staff referred him to MPAS.
MPAS investigated and filed a statecomplaint. The district agreed to participatein wraparound services, conduct newevaluations, and rewrite the boy’sindividualized
education program (IEP) toprovide more appropriate services.
.MPAS’ Marquette office filed a complaint onbehalf of a 16-year-old woman with mentalhealth and learning disabilities who had beenexpelled from school for
a full year. The statesubstantiated all allegations in the complaintand ordered reviews of programs for all otherstudents in the district, with ongoingcorrective
action until the district achieves
100% compliance with the law.
MPAS 2012 Annual Report

13



Priority: Ensure Right to a High Quality
Education


Working with other Agencies to Provide Education and Training


29
Special Education Rights Training Sessions(including 9 webinars)

773 Individuals trained in Special Education
Rights

30
Advocates and attorneys attended day-longpanel discussion on Special Education Rights

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

MPAS collaborated directly with the state Parent
Training and Information (PTI) program (Michigan
Alliance for Families), the state mediationprogram (Michigan Special Education MediationProgram), and the Family to Family Health Information
Education Center. Training topics ranged

from writing an individualized education program(IEP) and transition planning to understandingrights, responsibilities, and complaint processesregarding
special education services.

MPAS served on the management team of thestate Parent Training and Information (PTI) initiative
for special education called the Michigan
Alliance for Families. This initiative is the federal-
ly-mandated and funded parent support programin Michigan. The management team oversees thetraining program, training model, website, andevaluation of the
program. The program is implemented
by parents for parents.

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

188 Parent Questionnaires July-September 2012

0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Blank 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
1
Behavior
Problems
2 Grades 3 Ab-
sences
4
Retention
5 Office
Referrals 6 PickUp 7 Suspen-
sion
8
Restraint
Seclusion
9 Court
Referral
10 Partial
Day
11 Home
bound
12 Under
11
14
Eligibility
14

MPAS 2012 Annual Report



Disability Advocates Speak up
at Legislative Luncheon


Keeping Children with Behavior-Related Disabilities in School


B
B
ecause legislation plays a critical role in thedevelopment of policies that impact people withdisabilities, MPAS hosted a luncheon with Michigan
senators and representatives at a LegislativeLuncheon 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 reportingrequirements,
. streamlining Medicare and Medicaid dual
eligibility system,
. replacing the internal Recipient Rights systemwith an independent, statewide rightsprotection system.
The event was an overwhelming success. In aneffort to keep disability issues in the forefront oflawmakers, MPAS plans to hold a similar meetingbetween disability
advocates and legislators on ayearly basis.


MPAS 2012 Annual Report

15



Disability Advocates Speak up
at Legislative Luncheon


Prizes Awarded to Essay Winners Following Legislative Luncheon



E
E
ach year, MPAS sponsors a Disability Advocacy Essay Contest. Writers areasked to compose real, motivating stories about people with disabilities whohave
successfully advocated for themselves or others and achieved success. Prizes
are awarded to first, second, and third-place winners during the annual Boardof Directors meeting at the Capitol.

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

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


MPAS Website is Getting a Redesign!


P
P
rogress continues in modernizing the agencywebsite. The goal is to create an attractive,
accessible, user-friendly website which will providevaluable 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


16 MPAS 2012 Annual Report
ly designed website. A developer has been chosen,
the contract signed, and the kickoff meeting hastaken place. We even have a timeline to keep us onthe ball and focused on our final goal.

We have completed the information architecture
stage which means we have created a plan and astructure for the information that our new website
will contain. This includes planning for the menusystem, page layouts, and content. The home pageis also complete, and we’re in the process of transferring
and creating content.

Although the countdown to launch has not yetbeen determined, the website address will remain
the same. Stay tuned to www.mpas.org or look forprogress updates in the MPAS newsletter, Exchange,
and on our Facebook page.



Michigan Protection and Advocacy
Service Board of Directors


Michelle Huerta, Esq.

President

Livonia

Kate Pew Wolters

First Vice President

Grand Rapids

Thomas H. Landry

Second Vice President

Highland

Pamela Bellamy, Ph.D.

Secretary

Lansing

John P. McCulloch

Treasurer

Royal Oak

Ronald D. Bush, II, JD

West Bloomfield

Donna DePalma, LMSW

Pinckney

Kathy McGeathy

Flint

Susan L. Odgers

Traverse City

Stoney Polman, LPC

St. Johns

Mark R. Lezotte, Esq.

Immediate Past President

Detroit

Jane Shank

Interlochen

Frederick A. Swegles

Director Emeritus

Port Huron

Frederick F. (Rick) Swegles, Esq.

Port Huron

Frank Turnage, MLM, MSA

Roscommon

Ann Manning

Clarkston

Michigan Protection and Advocacy
Service PAIMI Advisory Council


Jane Shank

Chairperson

Interlochen

Kelly Riegel-Green

Clinton Township

Selena Schmidt

Vice Chair

Shelby Township

Richard Osburn

Midland

Mary Williamson

Columbiaville

Jill Busha

West Branch

Gerald Provencal

Clinton Township

MPAS 2012 Annual Report

17



Michigan Protection and
Advocacy Service, Inc.


Statement of Activities and Changes in Net Assets

Revenue

Government grants
Private ContractsOther

Total revenue

Expenses

Program services:
Salaries
Fringe benefits
Payroll taxes
Contracted services
Conferences, meetings, and travel
Occupancy (Note 3)
Repairs and maintenance
Supplies and miscellaneous
Printing
Telephone
Postage
Publications
Insurance
Depreciation (Note 2)
Computer services

Total program services

Administrative expenses:
Indirect costs incurred
FundraisingOther

Total expenses

Increase in Net Assets

Net Assets – Beginning of year

Net Assets – End of year

18

MPAS 2012 Annual Report

Year Ended

September 30, September 30,

2011 2012
_____________ ____________
(Unrestricted)

$ 3,539,377 $ 3,727,537
126,107


15,276 17,715
_____________ ____________
3,680,760 3,745,252

1,772,831 1,879,901
623,497 582,552
131,733 136,773
45,741 16,112
152,591 160,685
247,586 285,024

23,714 24,194
33,592 48,451
46,619 42,361
20,107 18,013
34,892 32,696
23,801 21,578
65,345 59,918

5,426 5,422
30,426 32,398
_____________ ____________

3,257,901 3,346,078

329,511 342,483
3,302 2,487
534 1,033

3,591,248 3,692,081

89,512 53,171

433,154 379,983
_____________ ____________

$ 522,666 $ 433,154

_____________ ____________



Please Consider A
Deferred Gift to MPAS


Your Donation Helps us Protect the Rights of People with Disabilities


M
M
ichigan Protection and Advocacy Service(MPAS) is part of the federally mandated protection
and advocacy system and receives the majority
of its funding from federal grant programsand a small portion from the State of Michigan.
We accept and always appreciate donations fromprivate donors and organizations.

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

A cash gift is also appreciated and is generallytax 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 advisorconcerning a tax deduction for your gift.

If you have already donated, thank you foryour support. To become a donor, please send yourdonation 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 Programs


M
M
ichigan Protection and Advocacy Service provides
advocacy and legal services through funding provided
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)

. U.S. Department of Education Office of Special
Education and Rehabilitation Services,
Rehabilitation Services Administration
P&A for Assistive Technology (PAAT)

. U.S. Department of Education Office of Special
Education and Rehabilitation Services,
Rehabilitation Services Administration
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
MPAS 2012 Annual Report

19



4095 Legacy Parkway, Suite 500

Lansing, Michigan 48911-4264
517.487.1755 • 800.288.5923
(Voice or TTY)
Fax 517.487.0827
www.mpas.org


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