RSA-227 for FY-2018: Submission #1021

South Dakota
9/30/2018
General Information
Designated Agency Identification
Disability Rights South Dakota
2520 E. Franklin St.
Ste. #2
Pierre
SD
57501-3700
http://www.drsdlaw.org
(800) 658-4782
(800) 658-4782
Operating Agency (if different from Designated Agency)
Disability Rights South Dakota
2520 E. Franklin St.
Ste. #2
Pierre
57501
South Dakota
drsd@drsdlaw.org
http://www.drsdlaw.org
(800) 658-4782
(800) 658-4782
Additional Information
Cole Uecker
Tim Neyhart
(605) 224-8294
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
3
0
0
0
0
34
37
B. Training Activities
16
328
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 Workforce Innovation and Opportunity Act (WIOA) &sect;511, self-advocacy, disability law, as well as Vocational Rehabilitation (VR) and Independent Living (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>CAP provided training to service providers in FY 18. CAP presented at the annual South Dakota Special Education Conference in Sioux Falls. Thirty-one special educators and administrators attended this break-out session". This event was part of CAP's priority to market the new iTransitionSD website to professionals who work with transition aged students. The goal was to introduce these professionals to the website and to describe the benefits to self-advocacy and student directed planning. The result of the presentation was that the individuals present were informedof the site and could share the information with others in their field. <p><p>For some, freedom to make one&rsquo;s own decisions and live independently 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 18 CAP provided training to students, family members, and service providers regarding alternatives to guardianship at multiple events. Staff presented at the South Dakota School for the Deaf, a community forum in Yankton, SD, and one in Lennox, SD. 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. One of the key points made at these presentations was that supports are available for people to live more independently, and to direct their own services. These services include, but are not limited to, services from: Independent Living Centers and Vocational Rehabilitation. <p><p>The Workforce Innovation and Opportunity Act (WIOA) was enacted in Fiscal Year 16. This created many questions and concerns about its effect on service providers, educators, VR, and the Department of Labor. CAP worked with these entities, as well as consumers, to explain the impact that the various provisions would have. For example, &sect; 511 places restrictions on sub-"
C. Agency Outreach
Outreach activities are CAP&rsquo;s method of informing the public about the services that the agency provides. 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>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 for people with developmental disabilities to provide information and outreach efforts to the people who receive services from those agencies. Staff focused on individuals who work 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 ranges 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>Some of the outreach activities that CAP in South Dakota engages in are intended to directly develop and maintain relationships with the projects, programs, and services funded under the Rehabilitation Act. One such function was the annual South Dakota Vocational Rehabilitation Fall Conference where CAP had a booth to distribute information about CAP. Disability Professionals from VR, ILC, Transition Liaison Project, and others were present to discuss the assistance that CAP can provide to their applicants and clients as well as to discuss systemic issues which could benefit the disability community. <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>In FY 18, 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, CAP joined with other component programs of the South Dakota P&A
D. Information Disseminated To The Public By Your Agency
1
0
0
3406
31
0
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 1,244 for each edition. Approximately 1,144 are sent out to email recipients and 100 are mailed as paper copies. The newsletter is available in several alternative formats including large print, cassette, CD, 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>DRSD and CAP uses 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 been contacted by CAP. Since its inception in May 10, 2016, the DRSD Facebook page has accrued 555 &ldquo;likes&rdquo; and 541 followers". 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;followed&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>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>As discussed in section C above, CAP had the opportunity to participate in a radio interview on the KILI radio station. The interview was one-hour long and focused on the services provided by CAP as well as encouragement for listeners who may qualify to apply for VR (121 Tribal VR) and ILC Services. The station has reported that their broadcast has the potential to reach up to 30,000 listeners. <p><p>"
E. Information Disseminated About Your Agency By External Media Coverage
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 the location and spent an hour broadcasting live interviews with DRSD staff, attendees, and collaborators. KILI&rsquo;s broadcast area covers 30,000 listeners 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
2
3
5
0
3
B. Problem areas
0
3
1
1
0
0
0
0
C. Intervention Strategies for closed cases
0
0
1
0
1
0
2
D. Reasons for closing individuals' case files
1
0
0
1
0
0
0
0
0
0
0
0
N/A <P><p>
E. Results achieved for individuals
0
0
0
0
0
1
0
1
0
0
N/A <P><p>
Part III. Program Data
A. Age
0
1
2
2
0
5
B. Gender
1
4
5
C. Race/ethnicity of Individuals Served
0
1
0
0
0
4
0
0
D. Primary disabling condition of individuals served
0
0
0
0
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
1
1
0
0
0
1
0
0
0
0
0
0
0
0
0
5
E. Types of Individuals Served
4
0
0
0
0
1
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
A major focus for Disability Rights South Dakota this fiscal year was to 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 from each of the programs of the P&A system. This includes CAP. The monitoring activities were executed under PADD, PAIR, PAIMI, PAVA, PAAT, and PATBI authority. CAP benefited by being able to observe conditions at facility worksites, and to ensure that the individuals, if desired, have had access to VR and ILC (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 and live more independently. If the consumers are aware of ILC and VR services or are, in fact, clients of these services, CAP could discuss their experience with these programs and offer to assist in understanding and accessing these services. <p><p>CAP served on several boards and committees for organizations in the state this year. <p><p>CAP served on the Board of Services to the Blind and Visually Impaired (SBVI) and the Board of Vocational Rehabilitation (BVR). 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>CAP volunteered to review event applications related to National Employment Awareness Month presentations submitted by various communities throughout the state. <p><p>CAP continued its work as a member of the Consumer Services Committee for the Board of Vocational Rehabilitation. <p><p>As a member of the Board of Vocational Rehabilitation&rsquo;s National Disability Employment Awareness Month (NDEAM) committee, CAP participated in several events observing NDEAM. CAP attended an event organized by the Director of Oun&rsquo;iyekiyapi Vocational Rehabilitation Services (121 Program) in Eagle Butte. CAP staff participated in an awareness walk through the community and a community meal. CAP also presented to the attendees. This event provided CAP with the opportunity to address a large number of people with information regarding the CAP Program and services. CAP staff had the chance to network with service providers within that community. Additionally, CAP participated in the Disability awareness Day in the South Dakota Capitol Rotunda. This event provides CAP with the opportunity to network with other service providers, speak to people with disabilities who could benefit from CAP services or a referral to VR and/or ILC, and notably CAP has the opportunity to meet with South Dakota lawmakers to educate them about CAP functions and respond to any other questions which the legislators may have. <p><p>CAP is one of the few positions on the Board of
B. Litigation
0
0
0
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
<table border=1"><thead><tr role="row"><th role="rowheader" data-celllook="0">NAME</th><th role="columnheader" data-celllook="0">POSITION</th><th role="columnheader" data-celllook="0">FULL TIME STATUS</th><th role="columnheader" data-celllook="0">FY18 % OF TIME</th></tr></thead><tbody><tr><td style="text-align:left">PierreHome Office</td></tr><p><tr><td style="text-align:left">RR</td><td style="text-align:left">Intake Specialist</td><td style="text-align:left">Yes</td><td style="text-align:right">16%</td></tr><p><tr><td style="text-align:left">BP</td><td style="text-align:left">Intake Specialist</td><td style="text-align:left">Yes</td><td style="text-align:right">11%</td></tr><p><tr><td style="text-align:left">GCE</td><td style="text-align:left">Staff Attorney</td><td style="text-align:left">Yes</td><td style="text-align:right">5%</td></tr><p><tr><td style="text-align:left">DR</td><td style="text-align:left">Staff Attorney/PABSS Prog. Dir.</td><td style="text-align:left">Yes</td><td style="text-align:right">7%</td></tr><p><tr><td style="text-align:left">KDK</td><td style="text-align:left">Admin. Asst.</td><td style="text-align:left">Yes</td><td style="text-align:right">8%</td></tr><p><tr><td style="text-align:left">CJM</td><td style="text-align:left">PAVA Prog. Dir./ASR</td><td style="text-align:left">Yes</td><td style="text-align:right">7%</td></tr><p><tr><td style="text-align:left">TEN</td><td style="text-align:left">Executive Dir.</td><td style="text-align:left">Yes</td><td style="text-align:right">7%</td></tr><p><tr><td style="text-align:left">SLH</td><td style="text-align:left">Executive Asst.</td><td style="text-align:left">Yes</td><td style="text-align:right">8%</td></tr><p><tr><td style="text-align:left">OA</td><td style="text-align:left">Fiscal Assistant</td><td style="text-align:left">No</td><td style="text-align:right">8%</td></tr><p><tr><td style="text-align:left">CLU</td><td style="text-align:left">CAP Prog. Dir./ASR</td><td style="text-align:left">Yes</td><td style="text-align:right">44%</td></tr><p><tr><td style="text-align:left">AKJ</td><td style="text-align:left">Fiscal Manager</td><td style="text-align:left">Yes</td><td style="text-align:right">8%</td></tr><p><tr><td style="text-align:left">Rapid CityBranch Office</td></tr><p><tr><td style="text-align:left">BR</td><td style="text-align:left">Staff Attorney</td><td style="text-align:left">Yes</td><td style="text-align:right">3%</td></tr><p><tr><td style="text-align:left">DLM</td><td style="text-align:left">PAIMI Prog. Dir./ASR</td><td style="text-align:left">Yes</td><td style="text-align:right">2%</td></tr><p><tr><td style="text-align:left">MAM</td><td style="text-align:left">Admin. Asst.</td><td style="text-align:left">Yes</td><td style="text-align:right">8%</td></tr><p><tr><td style="text-align:left">Sioux FallsBranch Office</td></tr><p><tr><td style="text-align:left">JG</td><td style="text-align:left">PAIR Prog Dir./Staff Attorney</td><td style="text-align:left">Yes</td><td style="text-align:right">3%</td>"
Part VI. Case Examples
Case Examples
Case numbers saw a significant decrease in FY 18. This is likely due to a multitude of reasons. One such reason is that South Dakota is not currently on an Order of Selection" and a majority of eligible applicants receive services without extended waits. South Dakota has a very low unemployment rate and has one of the lowest unemployment rates in the entire country for people with disabilities. In FY 18, service providers, educators, and VR personnel have had the time to effectively make adjustments to and implement policies to observe the requirements under WIOA. The challenge for FY 19 is to conduct more outreach to applicants and clients of programs funded under the Rehabilitation Act to ensure that these services are being provided appropriately and these people are fully aware of their rights. <p><p>Never-the-less, CAP did have a few interesting cases this fiscal year. <p><p>Many people who request assistance from CAP require help in re-establishing and maintaining effective communication with VR services. In one instance this year, the client's VR counselor took maternity leave and the case was not effectively transferred to another counselor. Weeks passed where the client did not receive services and did not know who to contact regarding their case. CAP contacted the local VR office and facilitated the appointment of a new counselor. Next, CAP suggested that VR incorporate the services of the Department of Labor as encouraged within WIOA as collaborative service provision. DOL assisted in identifying job opportunities within the client's IPE goals and VR provided assistance it addressing barriers posed by the client's disability. An employment specialist was provided by VR and multiple employment opportunities were made available to the client by the time that CAP closed the case. Effective communication between the client and VR had been re-established. <p><p>Not all VR/CAP clients are good advocates for themselves. In these cases, it is often necessary for CAP to inform and encourage the client to effectively assert thier rights. One case where this was an issue occurred this year. The client felt that though VR was providing many services, he was frustrated with the lack of progress being made in assisting him to obtain employment. Prior to the onset of his disability, the client was a very successful businessman. However, due to personal care needs resulting from a bout with cancer, the client required significant accommodations from employers. CAP explained that requests for reasonable accommodations were protected under the law. Rather than following the process of requesting such accommodations recommended by VR and CAP, the client insisted on describing the nature and implications of his needs in graphic detail to potential employers prior to being offered a job. CAP suggested that the client allow VR to address his needs for a reasonable accommodation at the appropriate time in the process. The client refused stating that he f"
Certification
Approved
Tim Neyhart
Executive Director - DRSD
2018-12-20
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