New York Lawyers for the Public Interest, Inc.

Transcription

1 New York Lawyers for the Public Interest, Inc. Overview of Achievements, In the 12-month reporting period, the Disability Justice Program (DJP) provided legal services that benefitted more than 5,900 people in New York City and accomplished significant achievements on behalf of our clients. Our unique community lawyering model depends on our long-term relationships with community groups to build power for positive change through a wide range of legal services, community education, and organizing. In 215 matters that benefitted 526 people, our work ensured that children in public schools received appropriate services and that low-income, disabled New Yorkers had accessible and stable housing. In the 12-month reporting period, the Disability Justice Program (DJP) provided legal services that benefitted more than 5,900 people in New York City and accomplished significant achievements on behalf of our clients, including benefits valued at more than $1.9 million. We provided successful out of court representation for 38 children with disabilities who were not receiving essential special education services. Over 47 volunteer attorneys provided pro bono representation to additional families to ensure that children with disabilities have access to more inclusive educational environments. We advocated on behalf of tens of thousands of Limited English Proficient (LEP) parents of children with disabilities who are unable to play a meaningful role in their children s education because the school system fails to provide translation and interpretation services. We worked to break down the barriers that thousands of New Yorkers with disabilities face when seeking accessible health care and transportation. In the past 12 months, we trained and provided resources to more than 3,800 community members on empowerment strategies to access healthcare, education, and housing. We partnered with 868 attorneys from 76 member law firms through the Pro Bono Clearinghouse to provide crucial pro bono legal assistance to over 436 nonprofits in matters ranging from incorporating and achieving tax exempt status to settling vendor disputes. Service Area: New York City Metropolitan Area This Provider At a Glance Population Served: People with Disabilities Area Served: New York City Metropolitan Area Total Funding: $5,140,546 Total IOLA Grant: $185,000 Staffing - Full Time Equivalents Total Staff: Lawyers: Other Staff: Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects New York Lawyers for the Public Interest, Inc. - 1

2 Outcomes 1,286 Individuals Benefited from 523 Closed Direct Civil Legal Cases* Extended Representation Outcomes 267 People obtained individualized education program Brief Representation Benefits 755 People benefited from legal advice and counsel and/or appropriate services consistent with special 151 People benefited from non-litigation advocacy education law services 22 People obtained, preserved, or improved rights of disabled persons 4 People obtained, preserved, or improved access to public facilities/accommodations 87 People obtained benefits from other "extended representation" *NYLPI additionally provided Direct Civil Legal Services to 436 groups within the community. Dollar Benefits Achieved for Clients - Total $1,944,496 Social Security, SSI Benefits: $40,496 Other Benefits: $1,904,000 Total includes back awards and total monthly benefits, estimated over 12 months for other benefits and 60 months for Social Security, SSI. Examples... Outcomes for Clients.K. is an individual with a developmental disability. Several years ago, we assisted C.K. in C obtaining a finding of eligibility for services from OPWDD through administrative advocacy and internal agency appeals. That advocacy resulted in C.K. obtaining a supported apartment in the community where he has been living for several years with his long-term girlfriend, another individual with a developmental disability. This past year, the agency overseeing C.K. s services told him that he and his girlfriend would have to leave their apartment because the landlord had given notice that he would no longer renew the lease, which was held by the agency. The agency told C.K. that he and his girlfriend would have to move to separate congregate care settings where they would each live with several strangers. We advocated with the agency, offered to assist in discussions with the landlord, suggested other service options for C.K., and also made it clear that we would file appeals should the agency attempt to evict our client. We also advocated with OPWDD, filing a complaint against the residential agency for its failure to plan and to timely develop new housing. This advocacy resulted in C.K. keeping his housing for the next lease term while the agency searches for another appropriate supported apartment for him and his girlfriend..p. is a fifteen-year-old boy classified with autism. Since July 2011, M.P. has been without an M appropriate school placement, receiving less than ten hours per week of home instruction. Despite the efforts of M.P. s grandmother, the DOE failed to offer M.P. an appropriate school placement or hold an IEP meeting to address his educational needs. Last August NYLPI filed a due process complaint on behalf of M.P. After several months of Examples continued on last page Breakdown of Cases by Legal Problem Area People Cases Total 1, Education Individual Rights Housing Income Maintenance Other New York Lawyers for the Public Interest, Inc. - 2 Education 57% Individual Rights 15% Other 11% Housing 12% Income Maintenance 5%

3 Other Services Hotlines and Other Telephone Based Legal Services NYLPI has a phone intake system that connects callers with advocates who perform an initial assessment of the call, then provide information and referral, or conduct advocacy in conjunction with a staff attorney experienced in the substantive area. The calls are initially received by an intake receptionist who is fluent in both English and Spanish and who passes the call to intake advocates, many of whom are also bilingual in English and Spanish. NYLPI also utilizes language line, a contracting company that provides third party operators who speak over 150 languages for clients that speak languages other than Spanish or English. NYLPI has a TTY machine and accepts video relay service calls, in addition to hiring in-person sign language interpreters as needed for clients who are deaf or hard of hearing. The additional presence of a social worker and counselor on staff also allows us to provide appropriate support and advocacy to clients who have mental illness or cognitive disabilities. NYLPI s offices are physically accessible and compliant with the Americans with Disabilities Act. Nonprofit organizations seeking private bar assistance discuss their case with NYLPI s Director of Pro Bono Programs or the Pro Bono Clearinghouse Associate. Technology and Other Innovations NYLPI continues to develop and enhance our case management database Case Management Pro. NYLPI subscribes to Westlaw, making case research fast and effective, and all NYLPI staff has access to and the Internet. NYLPI has a TTY line and video relay so that we can provide intake and technical assistance services to people who are hearing impaired. The Clearinghouse distributes the cases it is seeking to place with pro bono attorneys through a weekly . NYLPI regularly updates its website, which provides information on our programs, as well as resources we have available. NYLPI also maintains a Spanish version of the website. Legal Services Other Than Direct Legal Representation NYLPI has an extensive community education program supported in part by IOLA funds. NYLPI s attorneys and community organizers regularly provide trainings to community groups and stakeholders in order to empower them to better advocate for themselves. In the past 12 months, we trained and provided resources to more than 3,800 community members on empowerment strategies to access healthcare, education, and housing. Collaborations With Other Service Providers Partnership with Advocates for Children Every Voice Counts: NYLPI has partnered with Advocates for Children (AFC) on Every Voice Counts, a campaign dedicated to ensuring that Limited English Proficient (LEP) parents of children with disabilities are not prevented from participating meaningfully in decisions about their children s education. According to data released by the DOE, roughly 33% of students receiving special education services (approximately 60,000 students) report speaking a language other than English at home. Federal, state and local law provide that LEP parents are entitled to language services, including interpreters and the right to receive translations of important educational documents such as IEPs, report cards, evaluations, and notices of meetings. Notwithstanding these protections, the DOE frequently fails to provide parents with necessary language services. As a result, LEP parents are unable to help design and develop their child s IEP, and are frequently unaware of, or unable to enforce their child s rights. The practical effect of this exclusion is that these children fail to make educational progress, or Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 98,784 People Community Legal Education: 2,021 People Pro Se Assistance: 3,669 People Web Usage: 92,125 People Legal Hotline Services: 969 People New York Lawyers for the Public Interest, Inc. - 3

4 in some cases even regress academically. We have developed multiple materials to inform LEP parents of their rights, as well as provide them with self-advocacy tools. These materials are available in twelve languages (Albanian, Arabic, Bengali, Chinese, French, Haitian Creole, Korean, Polish, Punjabi, Russian, Spanish and Urdu) on our website. After over a year of trying to work with the DOE to improve their language access services including direct negotiations with the DOE, participation in a DOE-convened workgroup on the matter, and the proposed creation of a brochure on parents rights to language services in the special education system NYLPI and AFC filed a complaint with the Office of Civil Rights of the U.S. DOE against the New York City DOE for its systemic failure to provide translation and interpretation services to tens of thousands of LEP parents of children with disabilities. In the months prior to filing the complaint, NYLPI and AFC conducted extensive outreach and gathered 18 families who agreed to participate in the complaint. The case has received significant media attention. In addition to the complaint, NYLPI is engaged in a community organizing and media outreach campaign, holding several press conference and public actions to draw attention to the DOE s behavior. Partnership with Urban Justice Center Healthy Homes Project: The Healthy Homes Project represents tenant associations in affirmative litigation against both private landlords and the New York City Housing Authority (NYCHA) throughout the Bronx and Manhattan. In conjunction with community organizers, tenants use a variety of tools to vindicate their rights including: protests, rallies, press events, policy and legislative advocacy, and litigation. The project also focuses on tenant empowerment through education and outreach. Legal clinics and other educational seminars prove an integral component of the project. In the past year, NYLPI worked closely with Urban Justice Center, Bronx Legal Services, and several Tenant Associations in the Bronx and Harlem to pressure landlords to make vital repairs in run-down apartment buildings where vermin, mold, and lead paint negatively affect the health of tenants. Most recently, NYLPI and Urban Justice Center filed a lawsuit representing 320 households from NYCHA s Smith Houses in Manhattan Housing Court. The suit would compel NYCHA to make immediate repairs. Smith Houses residents have faced hazardous living conditions, including toxic mold, leaking ceilings, broken stoves, showers, and sinks, and monthly gas outages for the past three years. The broken lighting in hallways and entrances, as well as the broken and defective locks, intensify NYCHA security issues, and if repaired will significantly improve the quality of life for all 1,900 households in the complex. In addition to partner legal organizations mentioned above, NYLPI partners with community groups including Community Action for Safe Apartments (CASA), Urban Homesteading Assistance Board (UHAB), Mothers on the Move (MOM), and Mirabel Sisters. Partnership with Independence Care System Health Care for People with Disabilities: NYLPI s Access to Health Care for People with Disabilities Sources of Funding Total $5,140,546 IOLA Grant $185,000 Income from fundraising events $2,249,492 State Funding $917,062 Private Bar $717,500 Other $1,071,492 Private Bar 14% Other 21% IOLA Grant 3% Income from fundraising events 44% New York Lawyers for the Public Interest, Inc. - 4 State Funding 18%

5 project seeks to address barriers that New Yorkers with disabilities face when seeking accessible health care. Barriers to comprehensive quality health care appear in facilities of all sizes, including large hospitals, community clinics, and doctor s offices. Examples of barriers include restrooms without grab bars, intake areas with insufficient turning space for a wheelchair, offices located in buildings with steps or without an elevator, and inaccessible equipment such as examination tables that are too high for people in wheelchairs or with mobility impairments. Studies have shown that among women with disabilities aged forty and over who had not yet had a mammogram within the past three years, the most frequently cited reason was the inability to get into the required position. In October 2012, NYLPI and our community partner the Independence Care System released a report, Breaking Down Barriers, Breaking the Silence: Making Health Care Accessible for Women with Disabilities, which details the pervasive inaccessibility of health care for women with disabilities. The report identifies the disparities that inevitably result from barriers to health care, in particular cancer screening, and makes recommendations to policy makers and medical providers on steps to improve the accessibility of health care. NYLPI also advocated for the New York City Council to convene an oversight hearing on the issue in November. NYLPI s report featured prominently in both the Committee Briefing Paper and Council Members questions. NYLPI spoke at the hearing, as did community members with disabilities who shared their struggles in obtaining potentially life-saving breast and cervical cancer screening and other health services. The report and the hearing have already resulted in commitments to improving accessibility from the City Council, the City's public hospital system, and the State Department of Health. In the coming year, NYLPI will use our report as a valuable advocacy and education tool, and continue to seek to address structural inequalities that prevent people with disabilities from accessing health care. Backup or Support Services Through NYLPI s Pro Bono Clearinghouse, many providers of legal services and other groups are supported by pro bono attorneys. In cases brought by the legal defense funds and other civil rights organizations, NYLPI has sought and obtained private bar assistance to serve as cocounsel and to play other significant roles in cases. During the reporting period, Clearinghouse firms were working on over 430 cases on behalf of New York City nonprofits and community groups. For example, NYLPI member firm provided transactional assistance to New York City H2O, a nonprofit that offers educational programs about New York City s water and sewer systems utilizing lectures, hikes, and bike tours to raise awareness about the water system and to expand understanding about the significant resources and skills required to maintain it. NYLPI also engages in partnership projects with law firms. Partnership projects involve a commitment of significant pro bono resources aimed at strengthening communities or addressing systemic problems. NYLPI trains pro bono lawyers in the relevant area of the law and provides ongoing support. These projects enable law firms to have a significant impact on a particular issue and to develop a strong and lasting partnership with a public interest organization or legal service providers. Currently, the Clearinghouse is partnering with member firms on projects in the areas of housing access and education. Major Cases or Other Advocacy Projects Language Access Services at Pharmacies (SafeRX) Last March, NYLPI helped secure a tremendous victory for New Yorkers: legislation requiring chain pharmacies to provide language assistance services. This legislation, known as SafeRx, was passed by Governor Andrew Cuomo and the New York State Legislature in budget legislation. SafeRx - designed to reduce health disparities and improve access to care for millions of people of color, immigrants, seniors, and individuals with disabilities, among others across New York State. Under SafeRx, chain and mail order pharmacies New York Lawyers for the Public Interest, Inc. - 5

6 will be required to provide oral interpretation and written translation to clients who are limited English proficient (LEP), and patient-centered medication instructions will also be created to ensure that seniors and many others are better able to understand how to take their medicine. Furthermore, a check box will be added to prescription forms so prescribers can indicate when a patient is LEP. Since the passage of this legislation, NYLPI and our SafeRx Coalition have worked to ensure the strongest possible implementation when the law goes into effect in March of this year. The State Board of Pharmacies (SBOP), comprised of pharmacy industry representatives, is tasked with developing regulations to implement SafeRx before it goes into full effect. NYLPI has worked to ensure meaningful community participation in the implementation design process. For example, the SBOP had initially scheduled just one informal opportunity for public comment to take place in Buffalo. As a result of our advocacy, the SBOP held three public sessions (Albany, Buffalo, and New York City). In addition to improving greater community involvement, the sessions gave the SafeRx coalition an additional public forum to make suggestions and share concerns about SBOP plans for implementation. Last July, NYLPI joined with Make the Road New York and the Center for Popular Democracy to publish a report, Rx for Safety: SafeRx Recommendations for Clear and Accessible Prescription Medication, detailing recommendations for implementation of the law based on medical literature and industry best practices. In the coming year, NYLPI will continue these efforts to ensure that SafeRx is implemented fully, efficiently, and with input from stakeholders. Pro Bono Volunteer Involvement NYLPI implements a holistic method to stimulate greater pro bono involvement from the private bar. From meeting directly with lawyers who are or may be interested in pro bono opportunities to help the public interest, to working with law students and law schools to reinforce the importance of public interest work and pro bono involvement, to attending bar association functions to create efficiencies with colleagues, to publicizing cases in the media to reinforce a message and strengthen the impact, to holding events and distributing information to recognize the importance of the pro bono and public interest work performed by member firms and others. NYLPI works to promote a legal culture where pro bono involvement is valued, and the private bar s ability to serve the public interest through pro bono involvement is maximized. NYLPI s Director of Pro Bono Programs and Executive Director schedule regular meetings with partners, pro bono committees, and lawyers from member firms and corporate legal departments to reinforce that message and to determine how better to facilitate pro bono opportunities, and to the extent possible, tailor pro bono projects based on a firm s interests. In addition, members of NYLPI s board, many of whom are partners at New York firms, advocate for pro bono lawyering among their partners and associates. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 883 Volunteers 13,034 Hours Law Students: 11 Volunteers 4,240 Hours Other Volunteers: 5 Volunteers 1,440 Hours Total Cases Completed by Attorneys: 33 Cases Dollar Value of Attorney Services*: $3.26 million *estimated at $250 per hour NYLPI also works to promote the importance of pro bono lawyering through its Visiting Summer Associates Program, which places summer associates from participating member law firms in two-week externships at public interest law organizations in New York. In the summer of 2012, 12 law firms sent 46 summer associates to 23 public interest law organizations, including Brooklyn Legal Services, ProBono.net, The Bronx Defenders, MFY Legal Services, Vera Institute of Justice, and National Center for Law & Economic Justice. Summer associates had the opportunity to work on a variety of different issues ranging from disability rights to immigration law to prisoner s rights. NYLPI also hosts several associate internship programs that expose young attorneys to pro bono work, and holds events for summer associates at law firms to introduce them to the concept of pro New York Lawyers for the Public Interest, Inc. - 6

7 bono. In addition, NYLPI hosts summer interns from law schools, providing an organized twelveweek program that introduces them to community lawyering and affords the opportunity to work on a range of issues. During the grant period, the Clearinghouse engaged over 868 pro bono attorneys from 76 law firms. These attorneys directly represented 436 nonprofits and community groups by providing counsel on matters such as formation and corporate structure, contract negotiations, employment and labor issues, litigations and more. These nonprofits are then able to spread their reach in serving their communities by utilizing their resources for their missions rather than on costly legal services. The Clearinghouse has expanded its client services beyond direct representation to serve a broader audience. Using pro bono attorneys as teachers, the Clearinghouse has organized workshops and classes on topics ranging from forming a nonprofit, negotiating a commercial lease, lobbying and advocacy for nonprofits and more. Over 200 representatives from nonprofits have attended these various courses during the grant period and many go on to work with the Clearinghouse to engage direct representation. The Clearinghouse also produces an e-newsletter that is circulated to over 1,500 contacts. This e-newsletter contains valuable resources including articles written by pro bono attorneys on a variety of topics that engage their expertise on legal issues. Such articles have covered topics including worker s compensation, employment contracts, and insurance. Outcomes for Clients continued from page 2 negotiations, NYLPI reached a settlement agreement with the DOE on M.P. s behalf wherein the DOE agreed to pay for M.P. s tutoring sessions at a private school and offered him compensatory services for forty-six weeks worth of related services. The DOE conducted the behavioral assessments and assistive technology assessments requested, completed comprehensive reports, and scheduled an IEP meeting to consider the results of the recent assessments and design a special education program offering M.P. a free appropriate public education for the school year. New York Lawyers for the Public Interest, Inc. - 7