RSA-227 for FY-2025: Submission #2

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. CAP through P&A engages in various activities during the fiscal year to further the goals of the CAP program. During FY 25 P&A engaged in four systemic activities which resulted in six changes to policy or practice of an agency, 19 educating policy maker activities, and an additional 22 collaborative activities. Six of these activities resulted in changes to policy or practice of an agency.

Systemic Activities Resulting in Change to Policy & Practice

Federal Legislative Advocacy
P&A stays in frequent contact with North Dakota’s federal delegation. This year P&A met with the offices of Senator John Hoeven three times, Senator Kevin Cramer four times, and Representative Julie Fedorchak once. P&A also shared disability-related information through multiple email exchanges. Topics covered included the Department of Education, Medicaid, Disability/Aging Programs, Developmental Disabilities Network Funding, and various issues related to Protection & Advocacy Programs. The focus of these communications was to educate on how changes to the programs will impact North Dakotans with disabilities/mental illness. This activity resulted in four provisions of policy being prevented. These changes were related to our federal delegation supporting FY 25 funding levels instead of the administration’s proposed reductions/zeroing out of appropriations for P&A’s PAIR, PAIMI, PAVA, and CAP programs. This activity was supported in part with non-federal funds.

Public Comment on ND Administrative Code Medicaid
P&A provided public comment on ND Administrative Code chapters 75-02-02. P&A shared input and suggestions that would protect those using Medicaid. Information was included on definitions related to the certification process, institution of mental diseases, public institutions, eligibility of inmates, notice of suspending Medicaid, and disregarded income including income earned as a student or part-time employee. The comments resulted in one change in practice and one provision prevented related to Medicaid rules. This will allow Medicaid recipients to receive the most consumer-focused services possible and will incentivize work without jeopardizing benefits. This activity was supported in part with non-federal funds.

Additional Systemic Activities

ND Olmstead Commission
P&A is a member of and the host agency for the ND Olmstead Commission. During quarterly meetings, ND Olmstead Commission members hear presentations from external organizations on topics related to the state’s Olmstead Plan, which this year focused on employment and housing. The state Olmstead plan, which was updated in 2024 includes goals aimed at ensuring individuals with disabilities/mental illness live and receive services in the most integrated settings appropriate to their needs. Based on the information presented, Commission members provide recommendations to enhance the quality of life for people with disabilities/mental illness throughout the state. In FFY 2025 this systemic activity did not result in a change to practices or policy.

NDRN Legal Strategy Work Group
P&A represents the eighth circuit in a nationwide group created and monitored by the ACL Training and Technical Assistance Program of NDRN. This group reviewed and discussed potential amicus briefs and writing and signing of other groups' briefs in very technical areas of law involving disability and mental health issues. In FFY 2025 this systemic activity did not result in a change to practices or policy.


Educating Policy Makers Activities

Action Alert – AUCD Disability Programs
P&A participated in an action alert with partners which educated lawmakers on the importance of various disability programs including Independent Living, the University Centers for Excellence in Developmental Disabilities, Projects of National Significance, Limb Loss Resource Center, Paralysis Resource Center, State Developmental Disabilities Councils, Protection & Advocacy for Voting Accessibility (PAVA), Protection and Advocacy for Individual Rights (PAIR), Protection and Advocacy for Individuals with Mental Illness (PAIMI) and the Client Assistance Program. North Dakota’s federal delegation was informed of the negative impacts cuts to these programs will have on individuals with disabilities. This activity was supported with non-federal funds.


Action Alert – NDRN Department of Education
P&A participated in an action alert with partners which educated lawmakers on the consequences of dismantling the Department of Education. North Dakota’s federal delegation was asked to consider the negative impact of upending educational rights of students with disabilities, which is guaranteed through the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. This activity was supported with non-federal funds.

Action Alert – NDRN Protect P&As
Six P&A staff participated in an action alert with partners which educated lawmakers on the importance of various Protection & Advocacy Programs. North Dakota’s federal delegation was asked to consider the negative consequences cuts will have on individuals with disabilities. This activity was supported with non-federal funds.

Comments – Department of Labor Proposed Rule to Eliminate 14(c) of Fair Labor Standards Act
P&A submitted comments to the Department of Labor regarding their Proposed Rule to Eliminate 14(c) of Fair Labor Standards Act, which would create competitive, integrated, and meaningful employment opportunities for all. Information was provided on why this rule would create positive outcomes for workers with disabilities and the economy as a whole. P&A invited the ND State Council on Developmental Disabilities and the North Dakota Center for Persons with Disabilities at Minot State University to sign-on to this letter and those agencies agreed. Unfortunately, the proposed rule was withdrawn in July 2025. This activity was supported in part with non-federal funds.

Comments on Section 504 proposed rules from Department of Energy
P&A submitted comments on proposed rules for Section 504 from the Department of Energy (DOE). Information was shared on how proposed rules that remove requirements on facility accessibility standards would overwhelmingly be negative for individuals with disabilities ultimately limiting opportunities to access services and employment within those buildings. A significant amount of adverse comments were received and the DOE was required to postpone the rule's effective date. This activity was supported in part with non-federal funds.

ND Legislative Action & Activities
P&A was very active during North Dakota’s 2025 Legislative Session. A total of 301 bills and resolutions on disability-related topics were tracked and monitored, with P&A staff attending over 200 hearings and testifying on numerous occasions. Topics of note included appropriations for state agencies, assistance animals, education, criminal and juvenile justice, elections, employment, guardianship, healthcare, insurance, housing, long-term care, and various programs and services for individuals with disabilities/mental illness. 62 legislative updates and grids were shared via P&A’s legislative listserv to update people with disabilities, advocates, and others on relevant topics, changes to bill text, hearing schedules, bill status, and more. In addition, P&A hosted 33 legislative working group events during the fiscal year to provide education to advocates and partners, attendance at each event ranged from 15-30 people; total attendance at all events was 515 individuals. This work resulted in disability stakeholders being able to more readily engage with the legislative process. This activity was supported in part with non-federal funds.

ND Legislative Advocacy: Assistance Animals
During FFY 25 P&A engaged in educating policymakers on senate bills 2193 and 2222. The intent of these bills was to place additional requirements on individuals who have assistance animals. P&A provided information on the negative impacts of these bills and how it would adversely affect disabled individuals when accessing housing and public services. P&A provided written and oral testimony. These bills did not pass. This activity was supported with non-federal funds.

ND Legislative Advocacy: Employment
During FFY 25 P&A engaged in educating policymakers on house bill 1122, which supported the employment of incarcerated individuals; however, it also allowed state government and employees to purchase goods from work activity centers. Work activity centers pay below minimum wage to people with disabilities with 49% earning $3.50 per hour or less in segregated work settings. Through written and oral testimony, P&A shared information on integrated employment and national trends. While the bill was passed into law with continued support for subminimum wage, P&A did educate policymakers on its detrimental impacts. This activity was supported with non-federal funds.

ND Legislative Advocacy: House Bill 1014
In 2025, P&A engaged in educating policymakers on ND House Bill 1014. HB 1014 appropriated state funds for the ND Protection & Advocacy Project. Legislators were educated on P&A’s purpose, services, programs, outcomes, and more. Information was shared that showcased how P&A’s work impacts North Dakotans of all ages with all types of disabilities. P&A provided oral testimony at 3 committee hearings and submitted seven written testimonies on this bill. This bill was passed into law providing state monies to supplement federal P&A programs. This activity was supported in part with non-federal funds.

ND Legislative Advocacy: Housing
During North Dakota’s 2025 legislative session, P&A monitored and provided testimony on five bills related to housing. Throughout housing testimonies P&A shared information on the need for affordable and accessible housing for individuals with disabilities/mental illness. Senate bill 2235 required rental payments to go to the outstanding rent before going to late fees or other charges, this would’ve been a positive change for renters; the bill failed. House bill 1362 created a housing development loan fund, which would’ve encouraged the development of more affordable housing; the bill didn’t pass. Senate bill 2238 allowed for the sealing of eviction records after 7 years if there have been no subsequent evictions; this will make it easier for individuals with disability-related evictions to access housing; the bill passed. Senate bill 1610 prohibited landlords from charging a fee based on the method used to pay rent; this bill will limit fees charged to renters with disabilities/mental illness; the bill passed. Senate bill 2225 created grants to assist communities with addressing housing needs; the bill failed. This activity was supported with non-federal funds.

ND Legislative Advocacy: Sidewalks & Transportation
During FFY 25 P&A engaged in educating policymakers on legislative bills 1513, 2254, and 1106 regarding accessible sidewalks and transportation. The intent of these bills was to improve sidewalks accessibility and to maintain or increase funding levels for public transportation. Information was shared on how these bills may impact individuals with disabilities/mental illness who need to attend work and participate in community activities. P&A provided written and oral testimony to committee members. Ultimately each of these bills moved in a positive direction for people with disabilities/mental illness with improved sidewalk regulations and support for public transportation. This activity was supported with non-federal funds.

North Dakota Disability Advocacy Consortium
P&A is a member of the North Dakota Disabilities Advocacy Consortium (NDDAC). NDDAC advocates for public policy to ensure that people with disabilities/mental illness have the supports and services they need to be as productive and independent as possible. NDDAC met eight times during the fiscal year and spent much of its time exploring impacts of federal legislative activity on individuals with disabilities/mental illness and creating awareness. NDDAC sent three letters to each of ND’s congressional representatives on the topics of Medicaid, Social Security, and the Department of Education; P&A took the lead on developing content for the latter two topics. Each of these letters were also submitted as letters to the editor at eleven local newspapers. NDDAC hosted Disability Awareness Day at the State Capitol; P&A participated in the planning committee for this event which was attended by individuals with disabilities/mental illness, family members, professionals, and state legislators. NDDAC also hosted Disability Pride Day on the Capitol lawn to celebrate the anniversary of the ADA and the contributions of individuals with disabilities in our communities; P&A engaged with this event and appeared on a local news show. This activity was supported in part with non-federal funds.

Sign-on Letter – 302(b) Allocation for Departments of Labor, Health and Human Services (HHS), Education and Related Agencies
P&A signed a letter with partners regarding the FFY 2026 302(b) allocations for the Departments of Labor, HHS, Education and related agencies. The letter provided information on the impact of programs and services provided through this funding. Congress was educated on how underfunding could negatively affect Americans with disabilities/mental illness. This activity was supported with non-federal funds.

Sign-on Letter – Funding for Labor, Health and Human Services, Education in 2026
P&A signed a letter with partners regarding FFY 2026 Labor, Health and Human Services, and Education appropriations. The letter provided information on the vital impact this funding has on individuals with disabilities and mental illness. This activity was supported with non-federal funds.

Sign-on Letter – Proposed Rule Section 503 of the Rehabilitation Act of 1973
P&A signed a letter with partners regarding the Proposed Rule, Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973, as Amended which would eliminate the utilization goal and related analysis, requirement of contractors to invite job applicants with disabilities to self-identify, and data collection requirements on hiring outcomes for people with disabilities. Information was shared on how this proposed rule could have negative impacts on people with disabilities/mental illness in the workforce. At the close of the fiscal year there had not yet been a determination on the proposed rule. This activity was supported with non-federal funds.

Sign-on Letter – Protect & Strengthen Medicaid
P&A signed a letter with partners nationwide regarding the importance of Medicaid to individuals with disabilities. Information was provided to Congress on the vital health care coverage Medicaid provides to people with disabilities/mental illness and others. Policymakers were educated on the negative impacts Medicaid cuts would have on individuals with disabilities/mental illness. This activity was supported with non-federal funds.

Sign-on Letter – Section 14(c) Rule
P&A signed on to a letter with partners expressing support for Notice of Proposed Rulemaking (NPRM), Employment of Workers with Disabilities under 14(c) of the Fair Labor Standards Act. Information was shared on how this proposed rule would benefit individuals with disabilities in the workforce. Unfortunately, this rule was withdrawn in July 2025. This activity was supported with non-federal funds.

Sign-on Letter - SSI Savings Penalty Elimination Act
P&A signed on to a letter with partners regarding the SSI Savings Penalty Elimination Act, which would increase the amount of Supplemental Security Income (SSI) beneficiaries can save without jeopardizing vital income support from SSI. This would allow beneficiaries to save more for emergencies and eliminate the marriage penalty which would enhance quality of life for individuals with disabilities/mental illness receiving SSI. This activity was supported with non-federal funds.

Sign-on Letter – Transformation to Competitive Integrated Employment Act
P&A signed a letter to Congress with partners from around the country regarding the Transformation to Competitive Integrated Employment Act. This communication provided information on the positive impacts this legislation could have on individuals with disabilities, including fair pay and integrated employment settings. This activity was supported in part with non-federal funds.

Collaborative Activities

Advocates Leading their Lives
Advocates Leading their Lives (ALL) is a group of people with disabilities, founded with the purpose of ensuring that individuals with disabilities are given equal opportunity to make decisions and choices, assert their rights, fulfill their responsibilities, and use their voice to empower themselves to work, live, and create. P&A collaborates with the DD Network to support the ongoing development of the statewide ALL Self-Advocacy Group and its local chapters. P&A acts as a resource for ALL by providing guidance, resources, training, and promoting meeting and events to create awareness. In addition, during FFY 2025 P&A collaborated with ALL in hosting a Legislative Training Institute and providing a letter of support for additional self-advocacy project funding.

Bisman Community Coordinators
P&A participates in the Bisman Community Coordinators group. Within this group P&A's role is to inform the group on P&A's program and services as well as share updates. All participating entities take turns presenting and sharing updates on items that are occurring within their agencies.

Bismarck Transportation Steering Committee
P&A participated in the Bismarck Transportation Steering Committee to make recommendations about how to use funds from a sales tax increase designated for public transportation. The Committee recommended increased hours, which would assist those who rely on public transportation for work or other activities, including individuals with disabilities/mental illness.

Bridging Aging & Disability Project
As a member of the North Dakota Developmental Disability Network, P&A is a co-lead on the Bridging Aging and Disability Project; 2025 is year two of the multi-year project. The purpose of this initiative is to meet the needs of North Dakotans with disabilities/mental illness who are aging. This collaborative meets regularly to work on the shared project and is currently developing roadmaps to help individuals navigate existing services and resources; roadmap topics include employment, housing, transportation, and more. The co-leads on this project also participated in a national meeting to learn from peers and share local efforts that will be duplicated in other states.

Champions for Change
P&A participated in a meeting with local policy makers, service providers, and government officials (law enforcement) to discuss and strategize opportunities for growth and support in Grand Forks county. Information was shared on the needs of individuals with disabilities/mental illness.

Client Assistance Program
The North Dakota Department of Health and Human Services, Vocational Rehabilitation Section (VR) contracts with P&A to administer the state’s Client Assistance Program (CAP). The purpose of CAP is to address challenges experienced by individuals utilizing federally funded rehabilitation programs like vocational rehabilitation and centers for independent living. P&A regularly collaborates with Vocational Rehabilitation to exchange information and address issues related to CAP. This effective collaboration ensures that federally funded rehabilitation programs are providing high quality client services that result in outcomes for individuals seeking employment and independence.

Community Elder Service Network
P&A is a member of the Community Elder Service Network (CESN). This group is platform to share information and network with a variety of members on a monthly basis. Meetings also feature a guest speaker. Information exchanged creates awareness of community needs and available resources.

Fargo Southeast Community Coordinators Collaborative
P&A's role in the Fargo Southeast Community Coordinators collaborative is to keep abreast of updates, trainings, information, and outreach events with various community partners. P&A also provides outreach and updates on P&A services.

Hands for Change Self-Advocacy Group
P&A collaborates with Hands for Change, the Minot self-advocacy group for people with disabilities through regular meetings. P&A provides the group with guidance, advice, support, resources, training, and ideas to help the group reach their goals. P&A also meets quarterly with the North Dakota Center for Disabilities who acts as a liaison between the local and statewide advocacy groups.

Interagency Groups
P&A staff participate in several interagency work groups to address the needs of people with disabilities/mental illness who are living in rural communities. Currently, P&A staff collaborate with groups in the cities of Minot, Williston, and New Town, as well as within County programs in McLean, Burleigh, Morton, and Nelson Counties. P&A also participates in a group that serves the Turtle Mountain Indian Reservation.

Launch My Life
In partnership with various entities, P&A supports LaunchMyLifeND.com, a resource hub for individuals with disabilities/mental illness entering adulthood and the workforce. P&A connects with others to maintain and add information to this website, which promotes education after high school, gainful employment, and other ways individuals can contribute to their communities.

McLean County Intra Agency Group
McLean County Intra Agency Group consists of 65 human and social service agencies within the county. Monthly meetings are held at different locations throughout the region. This collaboration allows for communication and outreach regarding available P&A programs and services. There is also discussions related to trends, concerns and ideas to assist the vulnerable people that we serve and the different entities we work with.

Medicaid Medical Advisory Committee
During FFY 2025, P&A served on the State Medicaid Medical Advisory Committee. The Committee met on a regular basis to review information and propose changes on various Medicaid issues that affect people with disabilities/mental illness. P&A provides a disability/mental health perspective to the group on various topics. The Department of Health and Human Services regularly consults the MMAC for input and advice, consistent with federal law.

Minot Independent Inc.
P&A collaborates on a regular basis with Independence Inc, the Center for Independence living in the Minot region. P&A completed outreach to Independence on several occasions and both entities share information on available services. This collaboration allows P&A to provide training, resources, and information on P&A as well as identify and discuss challenges within the service delivery system.

Minot Intra Agency Group
Each month Minot Intra Agency Group gathers to share resources and information regarding area agencies, services, and programs. There are 35 human and social service entities involved in this group. The collaborative had discussions about trends and happenings that relate to the vulnerable populations that we all serve. This collaboration allows P&A to create awareness of its programs, services, focus areas, and resources.

Minot Vocational Rehabilitation (VR) Collaboration
P&A/CAP staff regularly collaborate with Minot VR, meeting several times a year to provide resources and discuss concerns on shared interests. Together P&A and Minot VR examined issues including timelines for VR eligibility completion, handling situations where clients/applicants lose contact, referral for VR services, and available VR services. P&A/CAP provides Minot VR with information, resources and support as appropriate in relation to CAP and P&A programming.

National Disability Rights Network
As a member of the National Disability Rights Network (NDRN), P&A has access to technical assistance and resources for enhancing knowledge and improving operations. This year P&A worked with NDRN to analyze fiscal policies, procedures, and practices to ensure compliance with federal standards, create transparency, and streamline processes. P&A staff also participated in communities of practice and educational sessions to learn best practices and improve client services.

North Dakota Developmental Disabilities Network
The North Dakota Developmental Disabilities Network (DD Network) is a collaboration between P&A, the ND State Council on Developmental Disabilities, and the ND Center for Persons with Disabilities University Center of Excellence. This past year the DD Network met on seven occasions to collaborate on projects and share information. The DD Network continues to work on shared projects such as aging and disability, supported decision-making, employment, and self-advocacy. Through the aging and disability project we created several roadmaps to help individuals navigate existing services. The DD Network also supported updates to LaunchMyLifeND.com, a resource hub for individuals entering adulthood and the workforce. Finally, the DD Network worked together to educate federal lawmakers on our agencies and issues of importance to individuals with disabilities.

Outreach to Native American Reservations
P&A currently provides advocacy and legal services to all four Native American reservations within the state of North Dakota. One reservation, which is the most populous in the state, has a full-time advocate who serves the reservation and surrounding counties. Regional P&A Disabilities Advocates serve the other three reservations through routine outreach activities. P&A staff have established a strong network of contacts, including Indian Health Services, Sacred Child Project Coordinators, Job Service offices, colleges, Employment & Training Programs, mental health providers, juvenile and adult court systems, and school staff. P&A staff have been available to attend parent information fairs and other community events, increasing exposure to students, parents, and others who reside or work on the reservation. These efforts have resulted in an increased number of referrals to P&A for people who have disabilities/mental illness and live on the reservation.

State Rehabilitation Council (SRC)
The State Rehabilitation Council (SRC) advises the Director of ND Vocational Rehabilitation on issues concerning policy and programs, delivery of services, and methods for reaching potential consumers. The SRC informs and advises VR on the impact its programs have on consumers, facilitates public input, and advocates for the rights of clients. P&A through CAP holds a seat on the SRC and regularly participates in meetings. Through this collaboration, P&A receives information from regional and state VR staff on agency goals, progress, local projects, and challenges. P&A provided feedback on various topics. In addition, P&A also serves on the satisfaction survey committee.

School to Work Transition Community of Practice (TCOP)
The 2025 TCOP with P&A involvement continued to work towards building, supporting, and sustaining partnerships and systems that promote and improve the scope and opportunity for youth with disabilities/mental illness to prepare for life beyond high school. The TCOP continues to connect with regional teams, share practices, work on shared issues, spread awareness, and educate. The TCOP has identified many challenges within the state impacting student success such as mental health, program funding, staffing shortages, and restructuring of state agencies.

West Central Vulnerable Adult Coalition (WVAC)
Protection and Advocacy (P&A) is a member of the West Central Vulnerable Adult Coalition (WCVAC). The coalition consists of members from a variety of businesses, service providers, and individuals with a commitment to ensuring adults are free of abuse, neglect, and exploitation. The WCVAC meets once a month to hear from a guest speaker and share information. This past fiscal year P&A shared a variety of information and resources on our programs and services. Likewise, information from WCVAC was shared with P&A staff.