RSA-227 for FY-2017: Submission #963

South Dakota
9/30/2017
General Information
Designated Agency Identification
Disability Rights South Dakota
221 S Central Ave.
Ste. #38
Pierre
SD
57501
http://www.drsdlaw.org
(800) 658-4782
(800) 658-4782
Operating Agency (if different from Designated Agency)
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Additional Information
Cole Uecker
Tim Neyhart
(605) 224-8294
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Part I. Non-case Services
A. Information and Referral Services (I&R)
7
0
0
0
3
2
12
B. Training Activities
11
516
<p>Trainings focused on several issues germane to the CAP Goals and Priorities. These issues included, but were not limited to: Transition for students on an IEP, regulations under WIOA (&sect;511), self-advocacy, disability law, as well as VR and IL regulations. The current trend for the provision of VR services is to focus those services on students and youth with disabilities. This paradigm is demonstrated by WIOA&rsquo;s mandate that 15% of all federal rehabilitation funds to the states must be spent on Pre-Employment Transition Services. CAP in South Dakota has focused its outreach to students ages 14 to graduation to make sure that they are aware of, have access to, and receive assistance in procuring services from Vocational Rehabilitation and Independent Living Services to develop and implement their IEP.</p><p><p>CAP provided training to service providers in FY 17. CAP staff provided rights training to VR counselors, 121 staff, and school personnel at the &ldquo;Getting Down to Bedrock&rdquo; event at the South Dakota Vocational Rehabilitation Annual Fall Conference in Deadwood, SD. At this training, CAP discussed the law and various administrative rules relating to special education. CAP focused on how these requirements related to the providers in attendance. The goal was to encourage VR and 121 counselors to attend IEP meetings to discuss the various services and supports that their respective programs can offer to clients as part of a Transition plan. CAP also encouraged service providers to provide &ldquo;clinical&rdquo; information relating to their services, and encourage them to actively advocate for their client at IEP meetings. CAP is committed to helping individuals live as independently as is appropriate relative to their ability. Independence is, of course, directly related to the ability to obtain and maintain gainful employment. However, autonomy can be limited in other ways than just financial independence. For some, freedom to make one&rsquo;s own decisions is limited by legal decree. When someone is granted legal guardianship over another, that protected person&rsquo;s independence is detrimentally affected. CAP recognizes this, and over the course of FY 17 CAP has provided training to Independent Living Center staff, special educators, and community service providers regarding alternatives to guardianship. The purpose of this training was to impress upon the audience the importance of self-direction and provide information and referral to the supports available to ensure that people with disabilities can be successful at the lowest level of legal intervention. This training was provided to ILC in Mitchell SD, to Community Service Providers such as; Ability Building Services in Yankton SD, and Oahe, Inc. in Pierre SD. The Training was also provided to the Rapid City Area Schools Adult Transition Program. Additionally, training regarding guardianship and alternatives was provided at transition events throughout the state i
C. Agency Outreach
<p>Outreach activities are CAP&rsquo;s method of informing the public about the services that we provide. Many of these outreach efforts are executed by setting up booths at disability events, while others are efforts in the community to meet and talk directly to people with disabilities and their families.</p><p><p>CAP continues its practice of providing outreach services to individuals and service providers in a myriad of settings. Vocational Rehabilitation has multiple annual events where CAP is invited to provide information. CAP visits the various Community Service Providers to provide information and outreach efforts to the people who receive services from those agencies especially in the cases where the individual works at the location in a segregated or sub-minimum employment setting. The Transition Service Liaison Project (program for transition aged students funded under grants from VR) has multiple events throughout the state, including several on tribal lands, which provide students with information relating to transition and transition planning. The focus of these events range from preparation for post-secondary education (Catch the Wave), to independent living and self-advocacy (Youth Leadership Forum), to discussion of transition plan development and the services available generally (Transition Forums). The events are perennial opportunities to discuss CAP and the supports available from programs, projects, and services funded under the Rehabilitation Act.</p><p><p>CAP attended the annual National Disability Employment Awareness Month (NDEAM) walk and event in Eagle Butte SD. CAP attends this event every year. It is an opportunity to maintain connections with the people and the service providers at the Cheyenne River Sioux Tribe (CRST). The activities included; an awareness walk through the heart of Eagle Butte, a traditional meal for those in attendance, an opportunity to meet and discuss CAP services with potential CAP clients, and time for CAP to address the group as an invited speaker. This event is organized by the CRST 121 program.</p><p><p>In FY 17, CAP conducted outreach activities to target individuals who live on tribal lands in South Dakota. People living in these areas are historically and chronically underserved. In Kyle South Dakota. CAP joined with other component programs of the South Dakota P&amp;A to do a cookout which provided food and fellowship to the residents of that community. CAP used the opportunity to develop a relationship with the attendees and to discuss their concerns as individuals with disabilities. Contact information was provided to those who could utilize our services. In some instances, people in attendance had issues which were brought to CAP&rsquo;s attention and were addressed through subsequent Case Services.</p><p><p>CAP continued to conduct outreach efforts to military veterans in FY 17. CAP recognizes that 15 years of US led combat activities have resulted in a drastic increase in the number of p
D. Information Disseminated To The Public By Your Agency
1
7
2
9127
25
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<p>CAP continues to contribute to the DRSD agency newsletter, South Dakota Report. The newsletter is published three times a year, has an average circulation of approximately 2,653 for each edition. Copies of the newsletter were made available in several alternative formats including large print, cassette, CD, and email on an &ldquo;as requested&rdquo; basis. The newsletter is an effective means to share information about CAP to a broad readership throughout the state. The newsletter is well received by the disability community. Anecdotal information shows its content is discussed, used as a reference in other settings, and quoted as an authoritative source on various subjects. DRSD is occasionally asked for permission to republish articles. CAP (working with other DRSD programs) participated in articles relating to: alternatives to guardianship, independent living, a profile of a South Dakotan who has benefited from VR services and is thriving in employment, and self-advocacy strategies in transition planning and IPE development. The newsletter provides CAP and other DRSD staff a regular and continuous opportunity to share an array of information and advocacy strategies with their constituencies.</p><p><p>DRSD and CAP continues to use online digital media to reach out to more people. In addition to the existing agency website (which has seen greater use this year), DRSD uses its Facebook page to cast a broader net to individuals who may not have otherwise have been contacted by CAP. Since its inception in May 10, 2016, the DRSD Facebook page has accrued 466 &ldquo;likes&rdquo;. While that number sounds relatively modest, it does not account for the exponential nature of social media. When the agency posts information relating to CAP or another program administered, it automatically shows up on the &ldquo;Timeline&rdquo; of those that have &ldquo;liked&rdquo; our page. If that person then &ldquo;likes&rdquo; that particular post, then it shows up on their page for all of their &ldquo;friends&rdquo; to see. This process provides the potential for DRSD and CAP to put our information in front of 1000&rsquo;s of people while minimizing the expenditure of fiscal assets.</p><p><p>CAP uses Facebook to disseminate information about services available from programs funded under the rehabilitation act, to share personal stories of people who have benefited from VR and ILC services, and to conduct outreach activities to people who would presumably benefit from services.</p><p>
E. Information Disseminated About Your Agency By External Media Coverage
<p>DRSD conducted its annual outreach and barbeque in Kyle SD on the Pine Ridge Reservation this year. During the event, the local radio station, KILI radio, sent a remote correspondent out to our location and spent an hour broadcasting live interviews with DRSD staff, attendees, and collaborators. KILI&rsquo;s broadcast area covers 30,000 square miles and includes the Pine Ridge, Cheyenne River and Rosebud Reservations, Rapid City, the southern Black Hills and the panhandle of Nebraska (http://www.kiliradio.org/about.html). This gave DRSD an opportunity to describe its mission, services, and to give information and referral to the listeners about various resources throughout the state for people with disabilities. CAP discussed the services it provides to applicants and clients of ILC, VR, and 121 programs. This also gave CAP the opportunity to encourage the KILI audience to contact VR, 121, and ILC.</p><p>
Part II. Individual Case Services
A. Individuals served
4
13
17
1
3
B. Problem areas
0
6
7
2
0
0
1
1
C. Intervention Strategies for closed cases
9
1
1
0
4
0
15
D. Reasons for closing individuals' case files
7
1
1
1
0
2
0
0
1
0
0
2
<P><p>
E. Results achieved for individuals
0
0
0
0
2
2
0
2
0
{Empty}
<p>Oftentimes, clients will contact CAP convinced that their rights are being violated or that they are being mistreated in some way by VR or ILC. Sometimes, their concerns are validated and we are able to open a Service Request for them to proceed with Case Services. Other times, however, the individual client just needs to hear an explanation of the rules and regulations of the state agency from someone that they know are representing their interests. This was the case with several of the cases evaluated by CAP this year. In these instances, CAP would request and review records, discuss the matter with VR and the client, and evaluate the services available and provided. If it was found that the state agency was not out of compliance, this would be explained to the client. In these events, CAP would provide information about other resources available from agencies appropriate to that person&rsquo;s situation and needs. The client would be reassured that VR services would be available to them at the time that they wish to obtain or need assistance in gaining or maintaining competitive integrated employment.</p><p><p>A major focus of effort for CAP again this year was to emphasize and assist in the expansion of services provided to Youth and Students with Disabilities per WIOA intent. The focus was on the provision of Pre-Employment Transition Services (PETS). CAP initiated Case Services where Transition aged students were not receiving appropriate supports either in the content of their IEP or in the execution thereof. One of the primary strategies employed was to elicit the assistance of VR in the IEP process to identify Pre-ETS appropriate to the student and to offer services in support of the IEP. When this strategy was applied, the resulting transition plan was stronger and provided the necessary supports.</p><p><p>In one case, the parent of a transition aged student called DRSD with concerns that his child was not receiving appropriate or sufficient Pre-ETS. The parent was to the point where he felt that the only solution would be to open enroll his student to a nearby district or request a change of placement from the student&rsquo;s IEP team. Knowing that an out-of-district placement was unlikely, and that an open enrollment can often be very disruptive, we agreed to address the Transition concerns directly. CAP requested an IEP meeting and invited VR. As a result of the meeting, the student was enrolled in a independent living skills program administered by a local technical institute while maintaining his placement at his LEA. The student applied with and became a client of VR. VR was able to secure a contract with the school district to provide services from VR&rsquo;s Project Skills. This development not only resulted in a benefit for the student involved but made Project Skills available to other eligible students at that LEA. Client and guardian were happy with the result.</p><p>
Part III. Program Data
A. Age
1
3
5
8
0
17
B. Gender
6
11
17
C. Race/ethnicity of Individuals Served
1
3
0
1
0
11
0
1
D. Primary disabling condition of individuals served
0
0
0
0
1
1
4
0
1
1
0
1
0
0
0
0
0
0
1
0
0
0
0
1
2
3
0
0
0
1
0
0
0
0
17
E. Types of Individuals Served
13
0
0
2
2
0
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
<p>A major focus of disability Rights South Dakota this fiscal year was conduct monitoring activities at the locations of various service providers. CAP does not have access authority or the power under the Rehabilitation Act to monitor facilities. However, every DRSD advocate provides services available from multiple programs of the P&amp;A system. The monitoring activities were executed under PADD, PAIR, and PAIMI authority. CAP benefited by being able to observe conditions at worksites, and ensure that the individuals have had access to VR and ILC if desired (and as required by WIOA). If consumers of the providers were not aware of VR or ILC services, advocates provided information and referral to the agencies and their clients so that they could pursue competitive integrated employment an live more independently.</p><p><p>CAP served on several boards and committees for organizations in the state this year.</p><p><p>CAP served on the Board of Services to the Blind and Visually Impaired (SBVI) and the Board of Vocational Rehabilitation (BVR). CAP advised policy makers for the Division of Rehabilitation Services (DRS) and the Independent Living Council (ILC). CAP supported numerous changes within these groups. The following is a synopsis of the efforts and outcomes which fulfilled the mandates of CAP Priority II while directly impacting the lives of people served.</p><p><p>CAP suggested to VR that they continue to reach out to businesses to address the demand side of employment outcomes. CAP emphasized that though a client may be properly supported and equipped to be successful in an integrated setting, the employer must have the information and skills necessary to achieve a successful outcome. VR employs a Business Specialist whose job it is to educate and encourage businesses to hire people with disabilities. CAP recognizes these efforts and through BVR, encouraged VR to support these efforts going forward.</p><p><p>CAP volunteered to review event applications related to National Employment Awareness Month presentations submitted by various communities throughout the state.</p><p><p>CAP continued its work as a member of the Consumer Services Committee for the Board of Vocational Rehabilitation. CAP shared information with the board of the Service to the Blind and Visually Impaired about DRSD efforts toward educating individuals and providers about guardianship and the alternatives to guardianship. Since SBVI is an agency dedicated to providing supports necessary for an individual to live more independently, it is natural that SBVI providers would benefit from information about the different options for guardianship and the spectrum available short of full guardianship so that an appropriate level of intervention can be identified where necessary. CAP continued its work as a member of the Strategic Planning and Policy Committee for the board of Service to the Blind and Visually Impaired. The Strategic Planning and
B. Litigation
0
0
0
<p>N/A</p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights South Dakota
No
N/A
B. Staff Employed
<p><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br></p><p><h4></h4><p><table border=1" cellspacing="0" cellpadding="0"><thead><tr><th width="638" colspan="4" valign="top"><b>Pierre, SD - Home Office</b></th></tr></thead><tbody><tr><td width="73" valign="top"><b>Name</b></td><td width="240" valign="top"><b>Position</b></td><td width="126" valign="top"><b>Full Time Status</b></td><td width="199" valign="top"><b>FY 2016 Percent of Time</b></td></tr><p><tr><td width="73" valign="top">RR</td><td width="240" valign="top">Intake Specialist/Network Admin</td><td width="126">Y</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top">GCE</td><td width="240" valign="top">Staff Attorney</td><td width="126">Y</td><td width="199">6%</td></tr><p><tr><td width="73" valign="top">Open</td><td width="240" valign="top">PADD Program Director/ASR/Intake</td><td width="126"></td><td width="199">0%</td></tr><p><tr><td width="73" valign="top"></td><td width="240" valign="top"></td><td width="126"></td><td width="199"></td></tr><p><tr><td width="73" valign="top">PKM</td><td width="240" valign="top">Administrative assistant</td><td width="126">Y</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top">CJM</td><td width="240" valign="top">PAVA Program Director/ASR/Intake</td><td width="126">Y</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top">TEN</td><td width="240" valign="top">Executive Director</td><td width="126">Y</td><td width="199">10%</td></tr><p><tr><td width="73" valign="top">SLH</td><td width="240" valign="top">Executive Assistant</td><td width="126">Y</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top">OA</td><td width="240" valign="top">Fiscal Assistant</td><td width="126">N</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top">CLU</td><td width="240" valign="top">CAP Program Director/ASR/Intake</td><td width="126">Y</td><td width="199">50%</td></tr><p><tr><td width="73" valign="top">MKV</td><td width="240" valign="top">Fiscal Manager</td><td width="126">Y</td><td width="199">8%</td></tr><p><tr><td width="73" valign="top"></td><td width="240" valign="top"></td><td width="126"></td><td width="199"></td></tr><p><tr><td width="638" colspan="4"><b>Rapid City, SD - Branch Office</b></td></tr><p><tr><td width="73" valign="top"><b>Name</b></td><td width="240" valign="top"><b>Position</b></td><td width="126" valign="top"><b>Full Time Status</b></td><td width="199" valign="top"><b>FY 2016 Percent of Time</b></td></tr><p><tr><td width="73" valign="top">Open</td><td width="240" valign="top">ASR</td><td width="126"></td><td width="199">0%</td></tr><p><tr><td width="73" valign="top">BGG</td><td width="240" valign="top">Staff Attourney/Program Director</td><td width="126">Y</td><td width="199">12%</td></tr><p><tr><td width="73" valign="top">Open</td><td width="240" valign="top"></td><td width="126"></td><td width="199">0%</td></tr><p><tr><td width="73" valign="top">DLM</td><td width="240" va"
Part VI. Case Examples
Case Examples
<p>One interesting case involved an individual with mobility limitations who used a wheel chair. She called DRSD fearing that the Independent Living Center had removed her from the waiting list a for a program that could provide a ramp for her home. Within a day of contacting the ILC, CAP was able to confirm that the client&rsquo;s file was not being closed and that she was still in queue for a ramp once resources were available. Because the delay was a result of a lack of funding, there was no definite timeline for the client to receive a ramp. CAP had heard in a meeting of the Board of Vocational Rehabilitation that the Native American Advocacy Project (NAAP) (funded with federal Independent Living Center funds) had some funding for ramps. This was interesting because though the client did not live on tribal lands, she was a tribal member and, as such, eligible for service from NAAP. After considerable discussion and collaboration with the ILC, NAAP, VR, and CAP it was discovered that NAAP similarly did not in fact have sufficient funding to assist in this instance. Though the client did not receive the ramp at this time, she was satisfied with the knowledge that she was still on the list for assistance once it was available. This exercise had the added benefit of developing a collaborative environment between multiple service providers in the state which could result in novel assistance to individuals in the future.</p><p><p>CAP assisted a student who was having difficulty with their Local Educational Agency (LEA) in procuring and implementing appropriate transition supports. The first thing that CAP did in the case was to refer the client to VR. The client immediately applied for VR and was soon found eligible for services. As a client, the VR counselor would have more context to assist in the process. I asked the client&rsquo;s father to invite VR to the next IEP meeting. VR attended. At the meeting, the LEA stated that they had provided all of the transition supports that they had available in that setting. The team identified a program offered by a local technical institute that could provide instruction in independent living skills. The training was located at the high school in a nearby town. This required coordination with that school&rsquo;s administration. Once we established that the program would be available to the client, the team had to determine how the client would be transported the 20 miles to the program. The LEA agreed to provide transportation. This was a successful outcome on its own. However, the most remarkable result came in the form of a systemic outcome for VR and the LEA. Due to the collaboration in this case between VR and the LEA, the administration at the school district agreed to contract with VR to offer &ldquo;Project Skills&rdquo; to eligible students (approximately 26 children had an IEP per the 2016 Department of Education Child Count report). Project Skills is a paid work experience program for high school s
Certification
Approved
Tim Neyhart
Executive Director, DRSD
2017-12-28
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