RSA-227 for FY-2019: Submission #1078

South Dakota
9/30/2019
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)
8
0
0
0
30
10
48
B. Training Activities
7
467
<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 Workforce Innovation and Opportunity Act (WIOA) &sect;511, self-advocacy, disability law, as well as Vocational Rehabilitation (VR) and Independent Living (IL) regulations. The ongoing requirements for the provision of VR services is to focus those services on students and youth with disabilities. This paradigm is demonstrated by the Workforce Innovation and Opportunity Act's (WIOA) 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. Additionally, CAP has made efforts to ensue that youth with disabilities who are clients or potential clients have information regarding: job exploration counseling, work-based learning experiences, experiences outside of the traditional school setting and/or internships, counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs, workplace readiness training to develop social skills and independent living, and instruction in self-advocacy.</p><p><p>CAP provided training to service providers in FY 19. CAP presented to the Special Education Directors of the state during one of their monthly conference calls. 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 83 individuals participating were informed of the site and could share the information with others in their field. This training was repeated at several other events, such as a meeting of staff of our statewide Parent Training Center, and at multiple Transition Services Liaison Project post-secondary education and transition events.</p><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 19 CAP provided training to students, family members, and service providers regarding alternatives to guardianship. Staff participated as an invited presenter at an event hosted by the South Dakota Special Education Advisory Counsel in Rapid City. 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 disa
C. Agency Outreach
<p>Outreach activities are CAP&rsquo;s method of informing the public about the services that the agency provides. CAP conducted, or participated in, ninety-eight Outreach activities this year. 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 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><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, Employment Specialists, and others, were present to discuss their respective programs. CAP networked with these professionals to develop strategies to better refer people to them and to facilitate activities as they arise in the future.</p><p><p>CAP attended the annual National Disability Employment Awareness Month (NDEAM) 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 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 19, CAP conducted outreach activities to target individuals who live on tribal lands in South Dakota. People living in these areas are historically and chronically under-served. I
D. Information Disseminated To The Public By Your Agency
1
1
0
8282
4
0
<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 155,535 &quot;hits&quot;, 2,785 &ldquo;likes&rdquo;, and 395 &quot;shares&quot;. 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 thousands 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><p>As discussed in section C above, CAP had the opportunity to participate in a radio interview on the KILI radio station. The interview 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 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
<p>DRSD conducted its annual outreach and barbecue 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
3
6
9
1
2
B. Problem areas
0
1
5
2
0
1
0
1
C. Intervention Strategies for closed cases
2
0
4
0
1
0
7
D. Reasons for closing individuals' case files
3
1
1
1
0
0
1
0
0
0
0
0
<P><p>
E. Results achieved for individuals
3
0
0
0
2
0
0
1
1
0
<P><p>
Part III. Program Data
A. Age
0
2
3
4
0
9
B. Gender
1
8
9
C. Race/ethnicity of Individuals Served
0
1
0
0
0
8
0
0
D. Primary disabling condition of individuals served
1
0
0
0
0
0
1
0
1
0
0
2
0
0
0
0
0
0
0
1
1
0
0
0
0
1
0
0
0
1
0
0
0
0
9
E. Types of Individuals Served
7
0
2
0
0
0
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
2
<p>A major focus for Disability Rights South Dakota this fiscal year was to continue 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&amp;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><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 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 worked as a member of the Strategic Planning and Service Provision Committee for the Board of Vocational Rehabilitation.</p><p><p>As a member of the Board of Vocational Rehabilitation, CAP participated in several National Disability Employment Awareness Month (NDEAM) events. CAP attended an event organized by the Director of Oun&rsquo;iyekiyapi Vocational Rehabilitation Services (121 Program) in Eagle Butte. 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 used this as an 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><p>CAP is one of the few positions on the Board of Vocational Rehabilitation that is not subject to term limits. CAP is always on the board because of its role to advocate and inform applicants and clients of the VR state program. As such, CAP has engaged in a couple of systemic issues this year. The first of these issues involve South Dakota VR's p
B. Litigation
0
0
0
<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><b>Provide a description of all CAP Positions (see instructions)</b></p><p><table border=1" width="624" cellspacing="0" cellpadding="0"><thead><tr><th valign="top" width="156"><b>NAME</b></th><th valign="top" width="156"><b>POSITION</b></th><th valign="top" width="156"><b>FULL TIME STATUS</b></th><th valign="top" width="156"><b>FY19 % OF TIME</b></th></tr></thead><tbody><tr><td style="text-align:left"><b>Pierre&mdash;Home Office</b></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">12%</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">4%</td></tr><p><tr><td style="text-align:left">CH</td><td style="text-align:left">Staff Attorney</td><td style="text-align:left">Yes</td><td style="text-align:right">6%</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">2%</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.</td><td style="text-align:left">Yes</td><td style="text-align:right">6%</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">6%</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">Staff Attorney/CAP Prog. Dir.</td><td style="text-align:left">Yes</td><td style="text-align:right">45%</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"><b>Rapid City&mdash;Branch Office</b></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.</td><td style="text-align:left">Yes</td><td style="text-align:right">1%</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<"
Part VI. Case Examples
Case Examples
<p>Case numbers in FY19 saw a slight increase from prior fiscal years. However, these numbers remain low compared to other CAP programs nationally. This is likely due to a multitude of reasons. One such reason is that South Dakota is not currently on an &quot;Order of Selection&quot; 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. The challenge for FY 19 was to conduct more outreach to applicants and clients of programs funded under the Rehabilitation Act (especially within the state's Independent Living Centers and at tribal 121 programs) to ensure that these services are being provided appropriately and these people are fully aware of their rights.</p><p><p>Nevertheless, CAP did have a few interesting cases this fiscal year. CAP has worked with nine clients in FY19.</p><p><p>In one case, CAP brought together the client, the VR counselor, the counselor&rsquo;s supervisor, and multiple medical services to discuss the nature of the client&rsquo;s issue. The initial denial was due to a misinterpretation of statements made by doctors at Mayo Clinic, rehabilitative professionals (including PT, OT, and Speech therapist), and the client&rsquo;s insurance carrier. Clarification of these statements facilitated by CAP resulted in assistance by VR in obtaining needed cognitive restorative therapies.</p><p><p>Another interesting, albeit challenging, case involved assisting a client who disagreed with the VR denial for supports to attend a Comprehensive Transition and Post-secondary Program for Students with Intellectual Disabilities in Minnesota. The facts of this case were not favorable to the client. However, he expressed a desire to request an administrative review with the Deputy Director of the Division of Rehabilitation Services. CAP assisted in this process, explained the steps to the client, and the outcome that was outlined in the findings of the review. While the review did not have the result that the client had hoped for, he was satisfied with the explanation and appreciated the opportunity to have his grievances heard. While the outcome is often uncertain, CAP endeavors to ensure that all regulations, policies, and practices are observed and that the clients' expressed goals are kept in mind as we work together to attain employment goals.</p><p><p>In another case this year, the parent of a student called CAP and was concerned that her son's VR services would be closed &quot;successfully&quot; though his goals had not yet been met. She feared that this closure would happen because VR expressed that he had reached the total hours allocated for his services under his IPE. CAP argued that the time allocated for services in the IPE was not an appropriate metric to determine that a case should be successfully closed. Instead, VR should determine whether or not the goals had been met and
Certification
Approved
Timothy E Neyhart
Executive Director
2019-12-19
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