Types of Cases DRC Accepts
Priority 1: Serious Abuse, Neglect or Exploitation
DRC will provide advocacy, including investigations and monitoring, for the disability rights of Kansans who are at risk of, or have experienced serious abuse, neglect or exploitation.
Advocacy Services under Priority 1: DRC will provide legally based advocacy for 300 service requests under this priority including but not limited to the following cases:
Objective 1.1: Investigating Serious Abuse or Neglect – DRC will investigate reported allegations of serious abuse or neglect of Kansans with disabilities.
Objective 1.2: Monitoring of Institutional Settings – DRC will maintain a regular presence at institutions where people with disabilities are served. In total, DRC will conduct 27 monitorings of institutional settings.
Objective 1.3: Protecting Kansans from Seclusion and Restraint in Institutions – DRC will review seclusion and restraint records in state institutions, conduct monthly monitoring of these records and provide legally based advocacy to victims of the improper use of seclusion and restraint.
Objective 1.4: Reviewing and Advocating on Institutional Surveys – DRC will review every CMS Survey of institutional based settings (ICFs/MR, NFs, NFMHs, etc.) for allegations of serious abuse and neglect and with provide follow-up or legally-based advocacy based on those reviews.
Objective 1.5: Holding Abusers Accountable – DRC will pursue civil actions against providers of disability services (public and private) that have significantly abused or neglected people with disabilities.
Objective 1.6: Supporting Victims of Financial Exploitation – DRC will provide legally based advocacy to Kansans with disabilities who are victims of financial exploitation.
Objective 1.7: Protecting DRC’s Access Authority – Impact Case – DRC will pursue civil remedies in one investigation in which the custodial entity refuses DRC’s access authority to conduct an investigation or access records in an allegation of abuse or neglect [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 1.8: Investigating Systems Change Options on Seclusion and Restraint Policies – Potential Impact Case – DRC will research & investigate seclusion & restraint policies in state institutions to determine compliance with state and federal law [Note: this is designated as potential impact case in the development phase].
Priority 2: Community Based Services & Health Care
DRC will provide advocacy for the disability rights of Kansans to access community-based services, supports and health care, including Medicaid, Medicare, mental health services, long-term care, assistive technology, independent living and home and community-based services.
Advocacy Services under Priority 2: DRC will provide legally based advocacy for 340 service requests under this priority, including but not limited to the following cases:
Objective 2.1: Advocating for those with Autism, Aspergers & the Dually Diagnosed – DRC will provide legally based advocacy services for children with Autism, Aspergers, or those with both developmental disabilities and mental illness that have been denied needed services.
Objective 2.2: Defending Against Mental Health Service Denials – DRC will provide legally based advocacy services to individuals with mental illness who are denied or are having difficulty obtaining services to which they are entitled under Kansas law.
Objective 2.3: Safeguarding Medicaid for Children and Youth under 21 (EPSDT) – DRC will provide legally based advocacy for 35 service requests for children and youth who are improperly denied Medicaid services under EPSDT (Early Periodic Support Diagnosis and Treatment, or “KanBe Healthy”).
Objective 2.4: Avoiding Institutionalization by promoting community-based services & supports – DRC will provide legally based advocacy to break down barriers to an accessible society by helping enable consumers to continue to live more independently in the community and avoid institutionalization.
Objective 2.5: Advocating for Consumers Receiving Independent Living Services Funded Under the Rehab Act–DRC will provide legally based advocacy for consumers to access Independent Living services funded under the Rehabilitation Act .
Objective 2.6: Advocating for Assistive Technology– DRC will provide legally based advocacy for 45 individuals who are improperly denied their right to necessary assistive technology.
Objective 2.7: Promoting Individual Justice Plans – DRC will provide information about the development of Individual Justice Plans (IJPs) for 4 service requests in order to prevent the criminalization of disability and prevent people with disabilities from inappropriately ending up in the criminal justice system.
Objective 2.8: Engaging in Dually Diagnosed Systems Change – Impact Case – DRC will provide legally based advocacy services in a case to challenge the routine denial of services to children who are dually diagnosed [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of
Kansans with disabilities].
Objective 2.9: Investigating Systems Change Efforts to Challenge the “Underserved” Waiting List – Potential Impact Case – DRC will investigate the merits of policy of the state of Kansas to force consumers to wait on the “underserved” HCBS DD Waiver waiting list and its decision to reduce Waiver services due to budget cuts [Note: this is designated as potential impact case in the development phase].
Objective 2.10: Challenging AT for Educational/Home Use – Impact Case– DRC will provide legally based services to challenge the denial of a communication device or other Assistive Technology (AT) for a child who wants to take it from an educational to a home settings [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 2.11: Investigating Denial of AT for State Workers – Potential Impact Case– Research and investigate issues/complaints by employees of state agencies who are being denied assistive technology or updates to assistive technology [Note: this is designated a potential impact case in the development phase].
Priority 3: Employment
DRC will provide advocacy for the disability rights of Kansans who are experiencing barriers to employment.
Advocacy Services under Priority 3: DRC will provide legally based advocacy for 205 service requests under this priority, including but not limited to the following cases:
Objective 3.1: Ensuring Employment Accommodations – DRC will provide legally based advocacy services for individuals requesting accommodations related to hiring or employment.
Objective 3.2: Fighting Against Employment Discrimination – DRC will provide legally based advocacy services for individuals who have encountered disability discrimination in applying for, maintaining, or achieving success in employment.
Objective 3.3: Advocating for VR Services in the IPE– DRC will provide legally based advocacy services for individuals who are not receiving the services that Vocational Rehabilitation (VR) has agreed to provide in the Individual Plan for Employment – IPE.
Objective 3.4: Amending the IPE– DRC will provide legally based advocacy services for individuals who need to amend their IPE but Vocational Rehabilitation is refusing or failing to do so.
Objective 3.5: Combating Improper Denials of VR Services– DRC will provide legally based advocacy services for individuals who have been denied Vocational Rehabilitation services .
Objective 3.6: Advocating for those seeking Vocational Rehabilitation Services– DRC will provide legally based advocacy to protect the rights of Social Security recipients/beneficiaries who are seeking vocational rehabilitation services.
Objective 3.7: Advocating for those seeking employment services– DRC will provide legally based advocacy to protect the rights of Social Security recipients/beneficiaries who are seeking employment and other support services from employment networks and other providers.
Objective 3.8: Combating Systemic Refusals to Provide Accommodations – Impact Case – DRC will pursue litigation against an employer that is systemically refusing to provide reasonable accommodations for or discriminating against persons with disabilities who work for them [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objectives 3.9: Investigating Systems Change Efforts to Challenge State Budget and Service Cuts – Potential Impact Case – DRC will investigate the state’s decision to cut back employment and other community based services that help enable people with disabilities to work in order to ensure the changes do not violate state or federal law [Note: this is designated as potential impact case in the development phase].
Objective 3.10: Challenging Arbitrary Funding Limits – Impact Case– DRC will provide legally based advocacy services in a case to challenge the funding limits for a Vocational Rehabilitation service with the goal of establishing criteria for use in other cases [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems
by impacting larger groups of Kansans with disabilities].
Priority 4: Community Integration
DRC will provide advocacy for the disability rights of Kansans residing in institutions, and other restrictive settings, to assert their right to access appropriate services and supports in the most integrated setting.
Advocacy Services Under Priority 4: DRC will provide legally based advocacy for 30 service requests under this priority when the person is residing in an institution, including but not limited to the following cases:
Objective 4.1: Asserting the Right of Money Follows the Person – DRC will provide legally based advocacy to ensure individuals in institutional settings covered under the Money Follows the Person initiative can leave those institutions (ICFs/MR, NFs) for more integrated, community-based settings.
Objective 4.2: Enforcing Community Integration – DRC will provide legally based advocacy services for individuals in psychiatric institutions (NFMHs, IMDs) who can live independently but face opposition to move to a more integrated, community-based setting.
Objective 4.3: Advocating for Effective Discharge Planning in PRTFs – DRC will provide legally based advocacy services regarding discharge planning for youth in PRTFs (psychiatric residential treatment facilities).
Objective 4.4: Asserting Olmstead Rights – Impact Case – DRC will file an Olmstead claim regarding community integration to help create systems change [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 4.5: Investigating Bottlenecks in Community Integration – Potential Impact Case – DRC will investigate whether policies, procedures or actions by certain community providers are preventing individuals in institutional settings from transitioning to the community into suitable independent living conditions [Note: this is designated as potential impact case in the development phase].
Priority 5: Accessibility
DRC will provide advocacy for the disability rights of Kansans to remove physical and program barriers to an accessible society by protecting their rights under the ADA (Americans with Disabilities Act), the Rehabilitation Act, voting rights and other applicable disability rights laws.
Advocacy Services under Priority 5: DRC will provide legally based advocacy for 110 service requests under this priority, including but not limited to the following cases:
Objective 5.1: Ensuring Architectural Accessibility – DRC will investigate and provide legally based advocacy for 25 service requests concerning architectural accessibility issues under this priority.
Objective 5.2: Advocating for Kansans who are Deaf/Hard of Hearing in Accessibility Issues – DRC will provide legally based advocacy for 25 service requests by individuals who are deaf/hard of hearing who are denied access to programs or services because of their disability.
Objective 5.3: Advocating for Kansans who are Blind in Accessibility Issues – DRC will provide legally based advocacy for individuals who are blind and who are denied access to programs or services because of their disability.
Objective 5.4: Representing Voters with Disabilities in HAVA Administrative Appeals– DRC will provide limited legally based advocacy to all people with disabilities who wish to file a administrative appeal under HAVA.
Objective 5.5: Fighting for Systems Change in Title III Rights – Impact Case – DRC will pursue a case under Title III where a person who is deaf/hard of hearing is denied appropriate accommodation (ASL) and therefore denied access to important services [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 5.6: Investigating ADA Compliance in Rural Kansas Municipalities – Potential Impact Case – DRC will investigate systemic physical access compliance issues under the ADA in rural municipalities in order to identify potential systemic advocacy opportunities [Note: this is designated as potential impact case in the development phase].
Objective 5.7: Ensuring Polling Place Accessibility – Impact Activity (PAVA) – DRC will establish a method to gather information on or randomly monitor select polling places for accessibility issues in a manner that is consistent with the limited resources available toward this effort [Note: this is designated as an Impact activity, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities, funded by Protection and Advocacy for Voting Access - PAVA].
Objective 5.8: Investigating Voting Rights Cases – Potential Impact Activity– DRC will research issues in the Pennsylvania voting rights case for relevance to voting issues in Kansas [Note: this is designated a potential impact activity in the development phase].
Priority 6: Special Education
DRC will provide advocacy for Kansas students to enforce their right to special education and related services in the least restrictive environment and protect against inappropriate discipline involving behavior, which is a manifestation of the student’s disability.
Advocacy Services under Priority 6: DRC will provide legally based advocacy for 180 service requests under this priority (IDEA and Section 504), including but not limited to the following cases:
Objective 6.1: Protecting Students from Seclusion and Restraint in Schools – DRC will provide legally based advocacy for students who are subjected to improper use of seclusion and restraint.
Objective 6.2: Preventing Suspension for Behavior Related to Disability – DRC will provide legally based advocacy for students who are suspended or expelled for behavior related to their disability.
Objective 6.3: Stopping Change of Placement to More Restrictive Setting – DRC will provide legally based advocacy for students who are moved to a more restrictive setting due to their disability.
Objective 6.4: Preventing the School to Prison Pipeline – Impact Case – DRC will pursue civil remedies against a school district or special education co-op who is removing significant numbers of children from school due to disability-related behavior and sending them to the juvenile justice system [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 6.5: Investigating Reductions in Special Education Services – Potential Impact Case – DRC will investigate decisions by school districts and/or special education co-ops to reduce Special Education services due to alleged lack of academic necessity [Note: this is designated as a potential impact case in the development phase].
Objective 6.6: Investigating Systems Change Opportunities for Transition Age Youth – Potential Impact Case–DRC will investigate the lack of transition age services being provided for youth, including but not limited to those who are in foster care, and develop options for potential systems change advocacy [Note: this is designated as a potential impact case in the development phase]
Priority 7: Fair Housing
DRC will provide advocacy for the disability rights of Kansans whose rights to housing have been violated under the Fair Housing Amendments Act, Rehabilitation Act or other applicable disability housing laws.
Advocacy Services under Priority 7: DRC will provide legally based advocacy for 120 total service requests under this priority, including but not limited to the following cases:
Objective 7.1: Overturning Evictions for Behavior Due to Disability – DRC will provide legally based advocacy for individuals in private and public housing who are evicted or harassed for behavioral reasons which are a manifestation of their disability.
Objective 7.2: Ensuring Accommodations & Modifications in Housing – DRC will provide legally based advocacy services for individuals in private and public housing who have been denied reasonable accommodations or reasonable modifications.
Objective 7.3: Preventing Denial of Housing Due to Disability – DRC will provide legally based advocacy services for individuals who are denied housing due to their disability.
Objective 7.4: Combating Housing Discrimination Based on Disability – DRC will provide legally based advocacy services for individuals who face challenges by their landlord or potential eviction in ways that indicate the landlord is treating them differently due to their disability.
Objective 7.5: Stopping Widespread Discrimination Against People with Disabilities in Housing – Impact Case –DRC will provide legally based advocacy in one case to challenge acts by an entity which discriminates against tenants with disabilities in housing [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 7.6: Investigating Subsidized Housing for Accessibility Requirements – Potential Impact Case –Investigate new subsidized housing developments to determine their accessibility requirements under the Fair Housing Amendments Act [Note: this is designated as a potential impact case in the development phase].
Priority 8: Accountability of Guardians & Other Legal Decision Makers
DRC will provide advocacy for the disability rights of Kansans to pursue alternatives to guardianship/conservatorship, to end guardianship/conservatorship when it is no longer necessary, to change guardians/conservators in cases of abuse or neglect, or to hold other legal decision makers (representative payees, trustees, etc.) accountable for violating the rights of the person with a disability.
Advocacy Services under Priority 8: DRC will provide legally based advocacy for 65 service requests under this priority, including but not limited to the following cases:
Objective 8.1: Preventing Unnecessary Guardianships/Conservatorships – DRC will provide legally based advocacy for individuals who want to challenge imposition of a guardianship/conservatorship when it is clearly not needed, including promoting alternatives.
Objective 8.2: Terminating Existing Guardianships/Conservatorships – DRC will provide legally based advocacy to terminate guardianships/conservatorship for those who are no longer in need of a guardian/conservator.
Objective 8.3: Holding Representative Payees Accountable – DRC will provide legally based advocacy to individuals whose representative payees are failing to act in their best interests as required by the Social Security Act.
Objective 8.4: Challenging the Overuse of Guardianships/Conservatorships for Youth Aging Out of Foster Care – Impact Case – DRC will provide legally based advocacy services to an individual who is aging out of foster care and where SRS is attempting to impose a guardianship/conservatorship [Note: this is designated as an Impact Case, which means it is intended to challenge or change systems by impacting larger groups of Kansans with disabilities].
Objective 8.5: Investigating Withhold/Withdraw Provisions of Guardianship Law – Potential Impact Case – DRC will investigate the potential to conduct a challenge to the Withhold/Withdraw provision under the Guardianship statute - K.S.A. 59-5075(e)(7) [Note: this is designated as a potential impact case in the development phase]
DRC’s Outreach and Education Priority
Priority 9: Education & Outreach to the Public and Policymakers
DRC will outreach to and educate the public and policymakers on disability issues in order to improve services in the most integrated setting as well as protect, advance and enhance the rights of Kansans with disabilities.
Objective 9.1 – Engaging the Public through Outreach, Education and Partnerships – DRC will engage in 125 activities with outreach, education or partnership meetings with the people with disabilities, the disability community, advocacy organizations and the public, impacting 3,500 people.
Objective 9.2 – Educating Policymakers, Systems Change & Public Policy Advocacy – Consistent with DRC’s priorities & philosophy, DRC will engage in 20 activities to educate policymakers and engage in systems change efforts in order to protect or enhance the services or rights for people with disabilities.
Limitations to DRC’s Priorities
Services are Limited to Providing Disability Rights Advocacy Only – DRC’s legally-based advocacy is specifically for the disability rights of Kansans. That means that the right must be directly related to the person’s disability and granted because of their disability. DRC does not do all types of legal work for people with disabilities. It must be a disability rights issue. DRC does not do the following cases:
• workers compensation cases,
• social security eligibility or appeals,
• divorce cases,
• legal representation of parents in child custody cases or representation in child in need of care (CINC) cases (except that for children who are designated to be CINCs, DRC can provide the same advocacy opportunities under its priorities as it provides for all other children … however, DRC will not provide legal representation in the actual CINC
case or action),
• criminal defense representation,
• estate planning or will drafting,
• or legal representation that does not relate directly to the disability rights of the Kansan, etc.
Limitations for Services to the Sexual Predator Treatment Program – Due to funding constraints, DRC limits its services to individuals in the sexual predator treatment program. For individuals whose complaint is with any aspect of the treatment program, DRC limits its services to information and referral only.
Prioritization of Impact Litigation to Create a Larger Systems Change:
When accepting cases for litigation, DRC will place a priority on impact litigation cases that can create a larger systems change. Individual litigation which will not create systems change can still be accepted, but the priority and preference for case acceptance will be on impact legal representation that can create much larger changes and systems changes. These types cases are defined as follows:
• Impact Litigation Case to Create Systems Change – a litigation case that can have a larger impact on the overall system, in addition to helping the individual or individuals involved. These are individual or group litigation cases that can have a systemic impact)
• Individual Litigation Case – a litigation case that has a large impact for one person - obtains an important remedy for that person - but will not have a larger impact on overall system)