2023 Annual Report

WELCOME TO

DRNY

I am always excited and proud to reflect upon our prior year’s work as we create our Annual Report. Once again, our advocacy efforts have brought about meaningful changes for people in New York State and across the country.

For example, we were successful in obtaining a landmark decision from the Second Circuit Court of Appeals ensuring that all of the protections under the IDEA are available to adult students between the ages of 1821. Prior to this decision, those students who were prevailing parties under the IDEA were prohibited from obtaining attorney’s fees.

We have also been litigating to ensure that Text to 911 services are available statewide in emergency situations. This past year, we finally secured a settlement with Nassau County. However, it is inexplicable to me that this critical service has not yet been implemented across the state.

It is important to note that none of these and DRNY’s many other successes would have been possible without the tireless efforts of our dedicated staff.

To them, I say, “Thank You”!

With that, I give you our FY23 Annual Report to explore more about our work and accomplishments.

Please let us know what issues are important to you and how we can help.

Timothy A. Clune, Esq. Executive Director

WHO WE ARE

As the Protection & Advocacy (P&A) and Client Assistance Program (CAP) for New York State, all DRNY work is conducted with recognition that the people we serve combat persistent societal stigmatization and can be members of traditionally underserved populations, including BIPOC and LGBTQIA+ communities. We develop systemic advocacy projects to address patterns of discrimination, including state and federal systemic litigation, monitoring and investigation, publishing reports and policymaker education.

We do this through the following programs:

cap

Client Assistance Program

protection & advocacy for:

paat

Assistive Technology

pabss

Beneficiaries of Social Security

padd

Individuals with Intellectual and Developmental Disabilities

paimi

Individuals with Mental Illness

pair

Individual Rights

parp

Beneficiaries of Social Security with Representative Payees

patbi

Individuals with Traumatic Brain Injuries

pava

Voting Access

The Committee on Advancing Racial Equity (C.A.R.E.) is a direct response to the numerous injustices and systemic failures brought to light by May 25, 2020 murder of George Floyd. DRNY has made clear its stance in community as an antiracist organization.

DRNY is committed to reflecting internally on matters such as bias, privilege, racism, and intersectional social change. We are committed to fighting for racial justice as the P&A/CAP for the State of New York. Here you will find updates on the important work we are doing to address racism and racist systems.

Taking action is inherent in what we do. Our work incorporates the intersectional identities of all the people we serve. This includes BIPOC individuals, those with immigrant status, the LGBTQIA+ community, and those living in poverty.

In May of 2023, we witnessed the killing of Jordan Neely on a New York City subway. Jordan was a black man with a mental health diagnosis who was just trying to survive. Jordan’s life was so easily taken away in front of so many people. No one helped Jordan.

As the written accounts of this public, modern-day lynching have been reported on, we are faced with the 4-minute-long video documenting Jordan Neely’s murder. Staring at our phones, and our laptops, scrolling through social media – we witness a murder. Jordan Neely’s life is extinguished on a reel, shuffled into the endless videos of food, dance, and comedy. One more video, one more Black man murdered.

DRNY C.A.R.E. excerpt | May 4, 2023

We have a responsibility to address the oppressive systems that continue to impact our communities, as evidenced in Jordan’s killing.

BOARD OF DIRECTORS

The Board of Directors’ primary responsibility is the governance of our nonprofit organization. In collaboration with our advisory councils, they approve the priorities, policies and budget for DRNY. DRNY actively recruits and elects members who are, or have been, a person with a disability or family members of a person with a disability.

George

Secretary PAIMI Advisory Council Chairperson

Council Chairperson

Christine Konsistorum, CPA President

Audie Serrano Director

Cathleen Kenny, CPA Treasurer

Andrew Gordon, Esq. Director

Lisa Barone Director

Anthony Curtis Director

Amy D’Amico, Esq. Director

Antoinette Jarrett Parker Director

Badillo

Ann Scherff Director PADD Advisory

EXECUTIVE STAFF

Timothy A. Clune, Esq. Executive Director

Danielle Myers, CPA Chief Financial Officer & Director of Operations

Elisabeth Taylor Human Resources Director

Jennifer J. Monthie, Esq. Legal Director

Katrin Haldeman Director Marketing & Communications

PROGRAM DIRECTORS

Christina Asbee, Esq. Director PAAT, PAIR & PAVA Programs

Julie Michaels Keegan, Esq. Director PADD Program

Joseph Clark, Esq. Director PARP Program

Erica M. Molina, Esq. Director CAP & PABSS Programs

Marc Fliedner, Esq. Director PAIMI & PATBI Programs

David Young, Esq. Director Intake

INTAKE

Our Intake Department is our center of advocacy. They assess a high volume of clients for DRNY services daily and simultaneously close and resolve just as many service requests. There are a variety of ways that our intake advocates serve our clients in the community and those clients are the measure of how meaningful our help can be.

In FY23, we responded to 2,338 Service Requests. We provided full case services to 507 of those requests and provided Information and Referral (I&R) services to the remaining 1,831 requests.

When we are contacted about issues that fall outside of our priorities or are unrelated to the person’s disability, we strive to provide appropriate referral sources. We educate people about their rights and available options. Our I&R services vary and are dependent on the needs of the person.

195 SERVICE REQUESTS per month AVERAGED

OUR CLIENTS

Over this 12 month period, DRNY averaged 195 Service Requests per month from individuals throughout New York State. According to the most recent U.S. Census Bureau estimates, there are 2,508,047 individuals with disabilities living in New York State. DRNY handled 2,338 Service Requests for 2,041 distinct individuals.

Clients by Age

DRNY has assisted some of the most vulnerable individuals in New York State. 342 unique clients were residents of nursing homes, hospitals, correctional facilities, rehabilitation facilities, and youth-focused residential facilities. Of the residents living in the community, 236, or nearly 14.77% of DRNY’s unique clients were under 18. According to census data, individuals under 18 account for only 7.43% of civilian, non-institutionalized individuals with a disability.

The following table shows that 28.32% of DRNY’s clients are age 55 or older. *Demographic information is not required to receive DRNY services.

Clients from Under-Represented Groups

DRNY affirmatively seeks to provide services to historically under-represented groups. The following charts compare race and ethnicity demographics for the entire State of New York with that of DRNY’s clients.

2023 HIGHLIGHT

Landmark Decision by US Court of Appeals for the Second Circuit Ensuring All Protections Under IDEA Remain with the Students Between the Ages of 18-21

In August 2023, together with Prisoners’ Legal Services of New York (PLS), we received a groundbreaking decision from the US Court of Appeals for the Second Circuit recognizing that young adults with disabilities can enforce their own special education rights.

The IDEA expressly establishes substantive and procedural safeguards for children with disabilities, including students between the ages of 18 to 21. Now students ages 18 to 21 can enforce their own IDEA rights as individuals responsible for their own welfare.

“

Prior to this court’s decision, students between the ages of 18 to 21 were not afforded the full protections of the IDEA. This decision will have a nationwide impact. Importantly, it will reverse New York State Education Department guidance which stripped those students of their IDEA rights in New York.

Timothy A. Clune, Esq. Executive Director, DRNY

SYSTEMIC ADVOCACY

While our individual advocacy focuses on supporting specific cases, our systemic advocacy addresses the underlying and outdated systems that need to be changed.

17a Guardianship

For many years, our organization has been working to prevent the overuse and unnecessary imposition of 17a guardianships in New York State. We promote alternatives and work to ensure the right to an independent life.

In the Spring of 2023, the Senate Committee on Aging held a hearing on guardianship and alternatives, during which the “Guardianship Bill of Rights Act” was introduced.

The bill would expand the Protection & Advocacy System to target guardianship reform and create a Bill of Rights to ensure that states provide a minimum set of due process protections to those at risk of guardianship.

During this time, we submitted public comment to the Senate Committee on Aging and received positive responses from the Committee.

Our advocacy has continued throughout the year, and on February 6, 2024, we filed a lawsuit challenging the illegal and discriminatory imposition of Article 17a Guardianships in New York State.

CAP

CAP is an advocacy resource for people with disabilities who are seeking, receiving, or have been denied services from state vocational rehabilitation agencies. In NYS those agencies are the Commission for the Blind and ACCES-VR. We help people get the services they need in order to prepare for, obtain, and maintain employment.

Foot Steering System Modification Approved

Our vehicles are essential for living an independent and free life. However, if they break down, we become dependent on getting them fixed. Without timely repairs, we lose our ability to live and function independently.

A woman struggled to get approval for modifying her van’s foot steering system even though ten years ago, she received the modification approval from Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR). Still, she was denied because of a technical issue with the bidding process.

During our discussion with ACCES-VR, we discovered that their consultant had found a different and improved foot steering system, and we advocated for a re-bid for the modification.

PAAT

Our PAAT program helps people understand their rights to use medical devices or technology that can aid them in managing their disability. Collectively this is called Assistive Technology (AT). We help people navigate legal issues such as insurance denials of coverage for AT or related services, access to medical care that requires use of AT, housing accommodations, workplace accommodations, and accommodations in school.

PARA TRANSIT Success

Everyone should have access to reliable transportation services, regardless of the distance; however, a woman from Nassau County was unable to get paratransit services from one county to another.

We filed a complaint with the Federal Transit Administration (FTA) on her behalf. The FTA ruled that Nassau County must provide her with the services she needed, even if it meant crossing county borders. Thanks to our legal efforts, after fifteen months, the woman was finally able to get the door-to-door paratransit services she required.

Nassau County was also ordered to:

Immediately begin providing complementary paratransit service between her residence located in New Hyde Park and any other point located within three-fourths of a mile of Nassau’s fixed route bus service. She confirmed that Nassau immediately reinstated her doorto-door bus services.

Within 30 days, develop and submit a plan for ensuring that all origins and destinations located within three-fourths of a mile of Nassau’s fixed route bus service are served by Able-Ride for all eligible paratransit riders, including those in Queens and Suffolk counties.

Within 60 days, notify all paratransit riders who are currently eligible to use Able-Ride that all origins and destinations within three-fourths of a mile of Nassau’s fixed route bus service will be served by Able-Ride, regardless of whether such locations are within Nassau County, and provide documentation that this action has been accomplished.

PABSS

Our PABSS program helps people remove barriers to being successfully employed. Some of those barriers include denial of reasonable accommodations, lack of accessible transportation to get to work, or being discriminated against while at work. Potential clients must be under age 65, and must currently be receiving SSI and/or SSDI.

Vehicle Modifications for Married Couple

In 2020, we assisted a couple who are both wheelchair users and required modification of their vans. The husband needed a modification to the hybrid steering system of the van, and the wife needed two wheelchair spots in the front of the vehicle. Having both vehicles worked on at the same time had a significant impact on their daily routine.

The Office for People with Developmental Disabilities (OPWDD) agreed to fund the wife’s modifications, but Adult Career and Continuing Education ServicesVocational Rehabilitation (ACCES-VR) denied the husband’s request based on their policy. After a year of negotiations, we were successful in obtaining ACCESVR sponsorship for the requested modification. OPWDD also delayed services for the wife due to the husband’s denial of services from ACCES-VR.

Finally, in 2022, with our advocacy, both ACCES-VR and OPWDD approved the modifications, resulting in over $52,000 in services for the couple. Now, the couple can live more independently with their modified van.

PADD

Our PADD program provides both systemic and individual advocacy to people with ID/DD. We investigate complaints of abuse, neglect, and rights violations. We monitor locations where people with disabilities receive services. We work to enforce and expand the rights of all people with ID/DD through lawsuits, public reports, education, outreach, and self-advocacy support.

Landmark Decision by US Court of Appeals for the Second Circuit Ensuring All Protections Under IDEA Remain with the Students Between the Ages of 18-21

Together with Prisoner Legal Services, we represented J.S., a 20-year-old student. We successfully challenged the Department of Corrections and Community Supervision’s (DOCCS) failure to provide any special education services despite federal and state mandates to do so. Under the Individuals with Disabilities Education Act (IDEA), students with a disability are ensured the right to free, appropriate public education that is tailored to their individual needs.

After winning his right to education, we sought attorney fees from DOCCS in accordance with the IDEA. DOCCS objected and asserted that only parents, not students, are entitled to seek fees under the IDEA even when the student is an adult. The District Court agreed and dismissed J.S.’s federal claims.

On appeal, the Second Circuit reversed the District Court, finding students with disabilities aged 18 to 21, can enforce their own IDEA rights. The Court made a key finding that impacts the educational rights of students.

Therefore, as an adult student responsible for his own welfare, J.S. is entitled to all the protections of the IDEA, including the right to challenge IDEA violations and to seek fees as a prevailing party.

PAIMI

Our PAIMI program provides both systemic and individual advocacy to people with a mental health diagnosis. We advocate on behalf of individuals living in the community, as well as in congregate care settings, including psychiatric facilities, adult homes, jails, and prisons. We work to enforce and expand the rights of all people with mental illness through lawsuits, public reports, education, outreach, and self-advocacy support.

Promoting Disability Justice through a Conference on Emergency Preparedness

During 2023, we worked collaboratively with Mobilization for Justice to plan an external conference on disability justice and emergency preparedness in New York City.

Our joint efforts led to the development of a conference titled Never About Us Without Us: Emergency Preparedness. This conference, which took place in mid-May 2023, was the first of its kind. It was designed to promote the dialogue needed for continuous and proactive emergency preparedness efforts in disability-centered facilities and homes.

We identified the target audience members to include people with lived experiences, disability rights advocates, attorneys, policymakers, facility administrators and staff, as well as other members of the public. We realized that it was crucial to educate and engage with the public and share concrete and creative solutions moving forward.

This conference provided a platform for individuals and organizations to share their experiences and discuss innovative ideas to enhance emergency preparedness in disability-centered facilities and homes.

PAIR

Our PAIR program serves people with disabilities who are not eligible for assistance from our other programs. We work to ensure that they are free from discrimination in housing, employment, education, and access to public accommodations and that they are included in emergency preparedness initiatives.

Text to 911

We finally secured a settlement agreement for a complaint that was filed against Nassau County in January 2017. The county violated Title II of the Americans with Disabilities Act of 1990 by failing to provide ways for people with hearing loss to effectively communicate with 911 emergency services through text messages.

The settlement outlines Nassau County’s agreement to:

Implement a fully operational “Text-to-911” service no later than September 15, 2023. This service will allow all people the ability to send a text message to reach Nassau County’s 911 emergency call takers from their mobile phone or device.

Within 45 days of text-to-911 services becoming live in Nassau County, they will publish public service announcements, both in print and digitally on social media platforms.

Nassau County will also notify all schools in the County of the new way people can use the 911 service.

These service announcements will advertise the availability of the new emergency response feature of text-to-911 services.

All public service announcements, flyers, or posters shall be made available in both English and Spanish.

While we are very happy to report that Text-to-911 was implemented in Nassau County on September 14, 2023, Nassau County has not yet met the requirements for public service announcements or notifying the school districts.

We have notified them of these failures as required by the settlement agreement and will file another Motion to Compel Compliance if necessary.

PARP

Our PARP program protects Social Security beneficiaries that require the assistance of a representative payee from financial exploitation, abuse, and neglect. A representative payee is a person or an organization who assists someone who can’t manage or direct the management of their benefits. We review the performance of representative payees through beneficiary and payee interviews, onsite inspections, and a detailed review of financial and other documentation. These reviews ensure the wellbeing of beneficiaries while educating payees on how to better serve them.

PARP in Action

Our program protects Social Security beneficiaries that require the assistance of a representative payee from financial exploitation, abuse, and neglect. We review the performance of representative payees through beneficiary and payee interviews, onsite inspections, and a detailed review of financial and other documentation.

These reviews ensure the wellbeing of beneficiaries while educating payees on how to better serve them. Our Representative Payee team travels around the State conducting reviews on behalf of the Social Security Administration (SSA).

In 2023, the PARP team:

Submitted 155 completed reports for review by National Disability Rights Network (NDRN) and SSA.

Initiated 7 Quick Response Check (QRC) reviews to investigate situations involving suspected misuse.

Received requests for information on how to either become your own payee, or how to change your representative payee and distributed information packets to answer these questions.

Used information obtained during reviews to make appropriate referrals to other DRNY programs and community resources.

PATBI

Our PATBI program helps people with TBI navigate legal issues that may affect all aspects of their lives, including access to medical care, housing accommodations, workplace accommodations, and accommodations in school. We ensure that people with TBI and their families have access to information, referrals and advice, individual and family advocacy, legal representation, and specific assistance in self-advocacy.

Abuse and Neglect at Nursing Facility

Numerous acts of neglect and verbal abuse being committed by the staff of a nursing facility in western New York were reported by a woman who suffered a traumatic brain injury in March 2022.

She reported that they did not respond to her calls for assistance, delivered meals that did not meet her dietary restrictions, and gave her the wrong medications at inappropriate times.

Moreover, they failed to plan for her safe discharge. The staff did not understand her communication needs due to her TBI, and they were unwilling to accommodate her. Additionally, she reported that the staff did not respond to calls for assistance from residents who had fallen.

We met with her treatment team to address each of her concerns and developed plans for a monitoring trip to investigate the reports of other residents being neglected.

In August 2023, we submitted a Findings Letter identifying the numerous problems that were placing all residents at risk of harm or even death. We made recommendations for immediate action to ensure the safety of the residents and advised the facility that we would schedule follow-up monitoring visits as appropriate. Additionally, we made reports to the Department of Health and Medicaid.

PAVA

Our PAVA program helps ensure that people with disabilities are included in the election process. Civic engagement and inclusion of all people, including people with disabilities, is paramount to our democracy. We ensure that every qualified person with a disability has access to vote on Election Day.

Statewide Poll Site Accessibility Surveying

During

Early Voting

Together with The Brennan Center for Justice NYU Law, we published a report that examines early voting polling places’ accommodations for voters with disabilities in New York State, How to Improve Early Voting Accessibility in New York State. Researchers assessed 179 of the 402 early voting polling places in New York State used in the 2022 election cycle. They found rampant violations of state and federal standards designed to ensure that voters with disabilities have equal access to the ballot.

Other highlights from the report include:

169 (94%) of the 179 early voting polling places surveyed in New York State weren’t fully accessible to voters with disabilities.

In 42% of the early voting polling places surveyed in New York State, ballot marking devices — voting machines that allow individuals with low vision, limited dexterity, physical impairments, or other disabilities to mark their ballots privately and independently — weren’t set up to ensure privacy.

58% of the early voting polling places surveyed didn’t have adequate signage prohibiting parking in “access aisles” that provide room for wheelchair users to get in and out of vehicles in parking spots.

Common violations were doors without levers and handles to help people with disabilities enter and exit polling places or without sufficient clearance for voters using mobility devices. Poll workers at many of the polling places lacked adequate knowledge and training to assist voters with disabilities. We noted in the report that many of the problems could have been — and still can be — addressed with simple, low-cost solutions.

IN ACTION

Marketing & Communications

The Marketing & Communications Department informs the public about our services, what we have accomplished and what your rights are. With that in mind, we developed a strategic and goal centered plan to identify areas to focus on and approach from a person-first perspective, ensuring that it includes all members of the community.

New Website Design and Accessibility Features

In 2023, our Marketing Department launched our new website design which has been reorganized and integrated with our new logo. We have also implemented a new accessibility toolbar that enables users to personalize their accessibility preferences. Additionally, our website can be instantly translated into over 150 languages.

FY23 FINANCIAL REPORT

Each year our finance department ensures that our funding and our programs are managed successfully.

EXPENSES

FEDERAL GRANTS

ALBANY

725 Broadway, Suite 450

Albany, New York 12207-5001

BROOKLYN

25 Chapel Street, Suite 1005 Brooklyn, New York 11201

ROCHESTER

44 Exchange Blvd, Suite 110 Rochester, New York 14614

MAILING ADDRESS: Disability Rights New York, 279 Troy Road, Ste 9, PMB 236, Rensselaer, NY 12144

DRNY is supported at taxpayer expense by the U.S. Department of Health & Human Services, The Administration for Community Living; Center for Mental Health Services, Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and, the Social Security Administration. This publication does not represent the views, positions or policies of, or the endorsements by, any of these federal agencies.