RSA-227 for FY-2020: Submission #1129

Iowa
09/30/2020
General Information
Designated Agency Identification
Lisa Schneider
321 East 12th Street
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Des Moines
Iowa
50319
5152818088
800-652-4298
1-888-221-3724
Operating Agency (if different from Designated Agency)
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Additional Information
Lisa Schneider
Lisa Schneider
5152818088
lisa.schneider2@iowa.gov
Part I. Non-case Services
A. Information and Referral Services (I&R)
57
7
15
55
376
76
586
B. Training Activities
17
472
CAP provided trainings and presentations on Medical Rationing as it relates to persons with disabilities and Medical Rationing during the COVID-19 pandemic; pandemic-related scams and scams related to the CARES Act Economic Impact Payments targeting Persons with Disabilities and the Elderly; COVID-19 and the ADA; persons with disabilities and mask requirements; and 508 compliance with a focus on the importance of compliance during a pandemic to the Department of Human Rights Community Advocacy and Services Division. This Division serves specific un-served and underserved populations, and includes the Offices of:
Persons with Disabilities
Native American Affairs
Deaf Services
Asian and Pacific Islander Affairs
Latino Affairs
Status of Women
Status of African Americans

This year CAP collaborated with the Office of Persons with Disabilities and in partnership with the University of Iowa Center for Disabilities and Development and the Iowa Developmental Disabilities Council to create and participate in a Youth Leadership Academy for youth with disabilities. CAP staff also served on the Academy's Panel Question and Answer session.
Youth Leadership Academy Details:
Virtual Summer Youth Leadership Academy for youth with disabilities. This program served the Des Moines metro area, south central Iowa, Blackhawk County (Cedar Falls/Waterloo area) and the Iowa City/Cedar Rapids area.
WHAT IS YOUTH LEADERSHIP ACADEMY (YLA)? YLA is an introduction to leadership skills for youth with disabilities. The training consists of six 1½ hour sessions. All sessions will be held virtually. YLA is funded by the Iowa Developmental Disabilities Council and is administered jointly by the Council, Iowa Department of Human Rights, and University of Iowa Health Care Center for Disabilities and Development. WHAT WILL STUDENTS LEARN? The five themes will include leadership, goal setting, self-determination, civic engagement, and social networking and mentoring. All sessions will be interactive.
Two separate trainings were offered: One for students ages 14-17; the other is for students ages 18-21. Each cohort will consist of 7-10 students from four Iowa communities. Trainings were held Monday, August 3 through Friday, August 11 Morning Session: 10:00 - 11:30 am Afternoon Session: 2:00 - 3:30 pm Graduation Ceremony took place on August 11, 2020.

Panel Questions
-Self Advocacy
1. What have been some situations where you needed to stand up for yourself as a person with a disability?
2. What did you do when that happened?
3. What else can a person do to advocate for themselves (in social situations as well as legislatively)?
-Employment/or Accommodations
1. Are you working now, or have you worked in the past? Tell us about current or past jobs. (This includes volunteering.)
2. What are the advantages of working/employment?
3. What accommodations have helped you or could help you be successful?
4. What careers have you explored or would you like to explore and why?
-Leadership Experience
1. How would you define a leader?
2. What is an example of when you have been a leader?
3. What challenges have you faced as a leader and how have you overcome them?
4. How else can a person show leadership?
Educational Experience
1. What has your experience been like with school?
2. What subjects were easiest for you or interested you the most?
3. Did you go to college? Vocational school? What was the hardest thing about transitioning from high school to college or vocational school?

CAP continues to provide trainings to vocational rehabilitation counselors, interns, and other staff within the Iowa Vocational Rehabilitation Services and its satellite offices throughout the state. Topics included: • The CAP program • Effective service provision • Outreach efforts • Federal regulations and compliance • WIOA • Issues CAP clients are presenting and how to work effectively with CAP during the process of CAP's involvement as an advocate for the clients who seek CAP's services • CAP’s due process as allowed under Title I • Cultural differences and disabilities and diversity and disabilities • CAP as a resource for consultation on Title I of the ADA and on the Rehabilitation Act of 1973, as amended (Rehab Act).

CAP continues to provide trainings and give presentations to: • The State Rehabilitation Council • Graduate students in Drake University's Counselor Education Program, which includes Clinical Vocational Rehabilitation Counseling, Clinical Mental Health Counseling, and School Counseling • Private and public agencies and businesses, training and information related to the ADA as it relates to: Service dogs, service and assistance animals, emotional support animals, and therapeutic animals; how they differ in definitions under the ADA, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act, how they’re defined under Iowa’s new laws and Code enacted in 2020, and handler’s and employer’s rights and responsibilities regarding assistance and emotional support animals as reasonable accommodations. Other topics have included: • Employment and the ADA Title I • Reasonable accommodations • Process for requesting reasonable accommodations • Section 508 of the ADA • Section 504 of the Rehab Act • WIOA and how it amends Title V of the Rehab Act to place limitations on the payment of subminimum wages (Section 511), Vocational Rehabilitation Agencies’ process for individuals with disabilities and VR eligibility and requirements; and Community Rehabilitation Programs • Mental illness and employment, including reasonable accommodations • Individual Placement and Supports model of supported employment • persons who are Deaf or hard of hearing including Deaf Culture, informed choice, interpreter qualifications and types of interpreting services available, and assistive technology.

C. Agency Outreach
*Retain and Rebuild the Workforce Taskforce for Persons with Disabilities and persons with disabilities in other populations with historically high unemployment/underemployment
*Iowa Governor’s Economic Advisory Board
*Iowa Employment Solutions at DMACC - WIOA Employability Services
*Iowa Vocational Rehabilitation Services' IMPACT Policy Counsel (Innovation; Mission focused; Policy driven; Action oriented; Customer centered and Transparent leadership)
*Transition Alliance Programs, which is a partnership between Iowa Community School Districts and Iowa Vocational Rehabilitation Services (IVRS). Participants of TAP receive assistance in the areas of vocational training, independent living, and post-secondary education. TAP’s goal is for young adults to develop positive work skills in order to obtain and maintain competitive integrated employment.

CAP continues to collaborate with:
• Office of Native American Affairs
• Office of Deaf Services
• Office of Persons with Disabilities
• Office of Asian and Pacific Islander Affairs
• Office of Latino Affairs
• Office on the Status of Women
• Office on the Status of African Americans
to educate their diverse populations on the VR system and CAP's role, CAP's role and advocacy efforts in the disability community, including mental illness, and employment issues; 14(c) certificates and WIOA Section 511; referral and resources for these populations; and providing publications and documents in Spanish, including CAP's new publication, "The Great Debate: The Shift From Sheltered Workshops to Competitive Integrated Employment".

Brain Injury Alliance of Iowa
Easter Seals
Criminal and Juvenile Justice Planning's Juvenile Re-entry Task Force to discuss the transition of youth into the workforce;
State Rehabilitation Council (SRC)
• Iowa Department for the Blind (IDB)
• Iowa Commission for the Blind Board
• IVRS & IDB Comprehensive Statewide Needs Assessment
• Iowa Vocational Rehabilitation Services (IVRS)
• IVRS Policy Coordinating Council
• IVRS Individual Placement and Support Pilot Project
• IVRS Rehabilitation State Conference
• Iowa Centers for Independent Living
• Iowa Statewide Independent Living Council
• Disability Rights Iowa
• Goodwill of Central Iowa Career Connection Center
• Olmstead Consumer Taskforce
• Iowa Mental Health and Disability Services Commission
• Iowa Mental Health Planning and Advisory Council

D. Information Disseminated To The Public By Your Agency
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13
7
3000
0
0
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E. Information Disseminated About Your Agency By External Media Coverage
ADA and Employment Issues Tip Sheet
Masks and Social Distancing Requirements Tip Sheet
Congregate Setting and Medicaid Advocacy Tip Sheet
Polk County Rent, Utility, Food Assistance Tip Sheet
Emotional Support Animals (ESAs) and Service Animals Tip Sheet
Resources for Clear Face Coverings
Iowa Exemptions to ADA for Small Businesses Documents
Eviction Prevention and Housing Retention During and After COVID-19 Tip Sheet
Language Matters: How Words Shape Our View
Accommodations in Hiring and Work Tip Sheet
Returning to School During COVID-19 Pandemic Documents
Video Conferencing Accessibility Tip Sheet
Zoom Accessibility Instructions Tip Sheet

CAP continues to disseminate:
Our publications: "The Americans with Disabilities Act - Employer/Employee Rights & Responsibilities: A Guide for Iowans"; "Disability Rights Guide - A Guide for Iowans"; and "The Great Debate: The Shift From Sheltered Workshops to Competitive Integrated Employment" to the community, public and private agencies, educational institutes, and legislators during Legislative Receptions and Days on the Hill events.

Brochures and handouts relating to the description, purpose, and history of CAP, P&As, and NDRN.

The Des Moines Public Library has begun distributing CAP brochures and including CAP information in their Street Card publication under the category for Disabilities. This publication provides people with information about various community resources.
Part II. Individual Case Services
A. Individuals served
10
31
41
0
6
B. Problem areas
41
33
36
10
4
19
6
9
C. Intervention Strategies for closed cases
28
0
6
0
1
0
35
D. Reasons for closing individuals' case files
23
5
2
0
0
1
0
0
4
0
0
0
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E. Results achieved for individuals
10
5
0
0
7
7
1
5
0
0
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Part III. Program Data
A. Age
1
3
15
21
1
41
B. Gender
25
16
41
C. Race/ethnicity of Individuals Served
0
0
1
9
0
30
1
0
D. Primary disabling condition of individuals served
3
0
0
0
0
0
1
0
7
2
0
0
1
0
0
0
0
0
0
1
12
0
0
2
4
3
0
0
0
5
0
0
0
0
41
E. Types of Individuals Served
9
2
34
14
7
6
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
1
CAP identified issues with the Vocational Rehabilitation Agency’s responsibilities regarding Due Process as Allowed Under Title I and the agency’s responsibilities for maintaining a list of Impartial Hearing Officers (IHOs). Their policy allowed for a list of one IHO and only contained one. CAP advocated for the rights of their clients to have options to choose from, which aligns with federal regulations. CAP provided training to the VR agency and the SRC regarding 34 C.F.R. § 361.5(b)(25)
Requirements for an Impartial Hearing
 Qualifications of the Impartial Hearing Officer (IHO):
 Must not be a public agency employee, except as an administrative law judge (ALJ), hearing examiner, or employee at an institute of higher education,
 Not a member of the State Rehab. Council for the designated unit,
 Not been previously involved in the vocational rehabilitation of the applicant or eligible individual,
 Qualifications of the Impartial Hearing Officer:
 Have knowledge about the delivery of VR services, the State plan, federal VR regulations, and your State’s VR regulations,
 Has received training with respect to the performance of official duties, and
 Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual.
CAP worked with the VR agency and the SRC to amend the policy to be consistent with the federal regulations and is working with the VR agency and the SRC on recruiting qualified IHOs who meet the requirements. This change in policy will affect thousands of Iowans with disabilities who are clients of the VR agency and will now have a clear understanding of their rights to due process as allowed under Title I regarding their right to a fair and impartial hearing and the right to be a mutual participant in the choice of the IHO.
B. Litigation
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0
0
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Part V. Agency Information
A. Designated Agency
External-other public agency
Iowa Department of Human Rights
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B. Staff Employed
1FTE 100% (1) Person-year
.19FTE 2/7/2020-9/30/2020
.16FTE Ending 12/12/2019
*Only l 1FTE 100% (1Person-year) between 12/12/2019-2/7/2020
Part VI. Case Examples
Case Examples
1. CAP worked with a VR agency's client who was transitioning from high school to post-secondary education. This student has a physical disability that affects mobility and uses a wheelchair. This individual has a lifelong goal and dream of becoming a registered nurse and contacted CAP because she was experiencing barriers with the VR agency's services and communication that were affecting her ability to pursue this educational and employment goal. In addition, her rights under the American’s with Disabilities Act were being violated during the college application process. Prior to becoming a CAP client, she had already been denied admission to one institution’s nursing program. The school told the student she was being denied admission because the use of a wheelchair would prevent her from being able to complete certain requirements for the Clinicals portion of the program which they said makes her ineligible. This student was in the process of applying to a different program and was being told the same thing when she became a CAP client.

Additionally, prior to becoming a CAP client, her high school Post-Secondary Career Academy coordinator was denying her request to participate in their Health Occupations program, citing similar reasons as the colleges. This program provides students an opportunity to work towards CNA training which would allow her to complete Nurse Aide courses for college credit. These courses are also prerequisites for the first college’s nursing program to which she applied and was denied.

CAP provided intervention to help re-establish communication with the client's VR counselor and provided advocacy, outreach, education, self-advocacy skills training, and resources to assist the student and the student’s family to appeal the high school’s denial for admittance into their Health Occupations program and worked extensively with the student, her family, her VR counselor, and the college administrators and their nursing school program staff and clinical training professor of the second college to which she applied in order to provide training on the ADA and the protections it provides persons with disabilities, including post-secondary school students, as well as the reasonable accommodations requirement. CAP's training also included examples of applicable and relative case law and precedent, information regarding the college's affiliated hospital, for which this college's nursing program serves as a pipeline, and provided examples from this hospital's posted job openings and the requirements they list for registered nurses to work for them, none of which included the requirement related to the clinical standard requirement cited by the college nursing program as a barrier to admittance and future opportunities for employment as a registered nurse. CAP was able to help the student, the VR agency, and this college explore and brainstorm different types of reasonable accommodations for nursing students with disabilities, including accommodations for the Clinicals portion of the program, that would aid in the successful completion of the Clinical requirements and eliminate these barriers.

This student has now become the first person with a physical disability who utilizes a wheelchair to be admitted into this college’s nursing program and will now reach her goals and accomplish her dream of becoming a registered nurse.

CAP provided advocacy, intervention, consultation, educational endeavors, outreach, and negotiation to assist this student to successfully navigate, gain admittance into the nursing program, and continue receiving the VR agency’s services and financial assistance with tuition. CAP provided resources for scholarship opportunities to explore as well and that could satisfy any comparable benefits requirements so that she can attain her employment goal and career choice without having to take out student loans. CAP also facilitated connections to nursing students with disabilities advocacy groups and nurses and nursing students with disabilities associations to help build and strengthen her support system.

In addition, CAP provided information aiding informed choice, information regarding the process for filing an ADA complaint, facilitated the referral process for Disability Rights Iowa, and provided referrals and resources for other types of legal assistance should the student and her family decide to pursue legal action regarding the first college’s denial.

Through this process CAP was not only able to help protect this student’s rights, but was able to help prevent discrimination by the college against her and future students with disabilities, which also resulted in a new collaboration with this college to continue assisting them with consultations, providing education and training on the ADA requirements and reasonable accommodations, especially for nursing students, and providing technical assistance. This college has since contacted CAP for guidance and information regarding the ADA and other types of information related to disabilities and employment, disabilities and post-secondary education, and disability laws and requirements.

2. CAP was contacted by a client of the Department for the Blind who was denied her request to complete her independent living skills training via a Structured Discovery Certification Program at a Center for the Blind in a different state that would better meet her needs and values to be successful with her employment goals, independence, and self-sufficiency. The Department for the Blind and the out-of-state Center for the Blind each have similar training programs but differ significantly in philosophical approaches and certification, voiding the comparable benefits requirement that the Department for the Blind stated as one of the reasons for the denial. Becoming certified will help CAP’s client be more marketable and be able to obtain employment with a higher salary than the in-state’s program that doesn’t offer certification. Through CAP’s intervention, the decision was reversed and the Department for the Blind agreed to fund the out-of-state training; however, the Department said they would only provide partial funding. CAP’s client receives SSI. CAP appealed this decision as well as it isn’t in compliance with federal regulations regarding financial assistance for recipients of SSI or SSDI. Additionally, it would have forced CAP’s client to have to take out loans. CAP was able to help get this decision successfully appealed and the Department for the Blind agreed to cover the cost for the training and expenses related to relocating.
Certification
Approved
Lisa Schneider
Iowa Client Assistance Program Director
2021-01-26
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