RSA-227 for FY-2025: Submission #12

State name Kentucky

Report through date 09/30/2025

General Information

Designated Agency Identification

Name Kentucky Protection & Advocacy

Address 11 Mill Creek Park, Suite 100

Address Line 2

City Frankfort

State KY

Zip Code 40601

E-mail Address KYPandAinquiry@gmail.com

Website Address http://www.kypa.net

Phone 502-564-2967

TTY

Toll-free Phone 800-372-2988

Toll-free TTY

Fax 502-695-6764

Operating Agency (if different from Designated Agency)

Name

Address

Address Line 2

City

Zip Code

State

E-mail Address

Website Address

Phone

TTY

Toll-free Phone

Toll-free TTY

Fax

Additional Information

Name of CAP Director/Coordinator Elizabeth Metzger

Person to contact regarding report Elizabeth Metzger

Contact Person Phone 502-564-2967

Contact Person E-mail Address elizabeth.metzger@ky.gov

Part I. Non-case Services

A. Information and Referral Services (I&R)

1. Information regarding the vocational rehabilitation (VR) program 33

2. Information regarding independent living programs 0

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 5

5. Other information provided 0

6. Information regarding CAP 0

7. Total I&R services provided (Lines A1 through A6) 38

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 10

2. Number of individuals who attended these training sessions. 181

3. Describe training presented by the staff. Include the following information: Kentucky P&A utilized the training module created during fiscal year 2023 for participants at sheltered workshops to educate adults served at community programs and facilities about employment rights. Specific laws covered include the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Ticket to Work and Work Incentives Improvement Act, and the Workforce Innovation and Opportunity Act (WIOA). Thirty-nine (39) individuals with severe mental illness and fifty-nine (59) people with intellectual/developmental disabilities received education in five (5) separate events.

Kentucky P&A used a modified version of the above-mentioned module twice while speaking to thirty-six (36) juniors and seniors with Individualized Education Programs (IEPs) and 504 plans enrolled in a rural central Kentucky high school. This variation includes information and tips for students transitioning to post-secondary programs.

Coalition Forward, a multidisciplinary alliance focused on increasing workforce opportunities for people with disabilities, invited Kentucky P&A to speak with members about employment rights and CAP services. A virtual presentation was done for 20 members in the Louisville-Metro area.

Kentucky P&A educated members of the Kentucky Rehabilitation Association (KRA) regarding the intersectionality of legal guardianship. Social Security representative and employment. Twenty-two (22) professionals attended the workshop held at the KRA annual conference.

A private residential child caring facility that serves adolescent girls with mental health diagnoses invited Kentucky P&A to speak with five of their transition staff about our agency and CAP services. A Kentucky P&A Children & Youth Team Disability Rights Advocate and the CAP Coordinator spoke with five staff members and provided them copies of P&A publications.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. Kentucky P&A learned through facility monitoring at Department of Juvenile Justice (DJJ) Youth Development Centers (YDCs) that education and transitional service provision for youth housed in these facilities is inconsistent at best and non-existent at worst, despite the requirements outlined in 505 KAR 1:260 §4 and 505 KAR 1:080 § 6. Youth get released back into the community without necessary abilities and supports, which regularly lead to incarceration in the adult correctional system. Kentucky P&A proposed a multi-year collaborative pilot Pre-Employment Transition Services (Pre-ETS) project with the Office of Vocational Rehabilitation (OVR) focusing on service provision to youth at a YDC. During Fiscal Year 2025, the collaboration worked to establish a strong foundation upon which the project may grow, including identifying a potential provider, prior to the projected offer to the DJJ Commissioner in the second year. However, the project was placed on an indefinite hold due to issues involving DJJ.

Kentucky P&A had an exhibit table at the annual fall multi-agency hiring event in Pikeville, KY sponsored by the Big Sandy Area Community Action Program. According to the National Institute on Health, 38% of Pike County’s population live below 150% of the federal poverty level. Although the county is Kentucky’s largest geographically, underemployment and lack of community services are major issues.

Kentucky P&A had an exhibit table at the annual Kentucky Rehabilitation Association Conference. Association members span the commonwealth and work for a variety of agencies.

Kentucky P&A had an exhibit table at the Kids Are Worth It! Conference. This conference focuses on uplighting the needs of children who are in foster care and other out of home placements.

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 0

2. Articles about CAP Featured in Newspaper/Magazine/Journals 0

3. PSAs/Videos Aired about the CAP Agency 0

4. Publications/Booklets/Brochures Disseminated by the Agency 439

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 3

6. Other 0

Please explain below N/A

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. N/A

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 6

2. Additional individuals who were served during the year 13

3. Total individuals served (Lines A1+A2) 19

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 0

5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.) 1

B. Problem areas

1. Individual requests information 5

2. Communication problems between individual and VR counselor 3

3. Conflict about VR services to be provided 6

4. Related to VR application/eligibility process 3

5. Related to assignment to order of selection priority category 0

6. Related to IPE development/implementation 2

7. Related to independent living services 0

8. Other Rehabilitation Act-related problems 0

C. Intervention Strategies for closed cases

1. Short Term Technical Assistance 15

2. Investigation/Monitoring 0

3. Negotiation 1

4. Mediation and other methods of Alternative Dispute Resolution 0

5. Administrative / Informal Review 2

6. Formal appeal / Fair Hearing 0

7. Legal remedy / Litigation 0

8. Total 18

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 11

2. Some issues resolved in individual's favor 2

3. CAP determines VR agency position/decision was appropriate for the individual 0

4. Individual's case lacks legal merit 1

5. Individual chose alternative representation 0

6. Individual withdrew complaint 1

7. Issue not resolved in clients favor 0

8. CAP services not needed due to individual's death, relocation, etc. 2

9. Individual not responsive/cooperative with CAP 1

10. CAP unable to take case due to lack of resources 0

11. Conflict of interest 0

12. Other 0

(Please explain below) N/A

E. Results achieved for individuals

1. Controlling law/policy explained to individual 1

2. Application for services completed 3

3. Eligibility determination expedited 2

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 9

6. Communication re-established between individual and other party 2

7. Individual assigned to new counselor/office 0

8. Alternative resources identified for individual 0

9. ADA/504/EEO/OCR complaint made 0

10. Other 1

(Please explain below) Individual stopped responding to CAP and OVR

Part III. Program Data

A. Age

1. Up to 18 4

2. 19 - 24 5

3. 25 - 40 1

4. 41 - 64 9

5. 65 and over 0

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 19

B. Gender

1. Females 12

2. Males 7

3. Nonbinary or Another Gender 0

4. Unknown 0

5. Total (Lines B1+B2+B3+B4. Total must equal Part II Line A3.) 19

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 2

2. American Indian or Alaskan Native 0

3. Asian 1

4. Black or African American 2

5. Native Hawaiian or Other Pacific Islander 0

6. White 13

7. Two or more races 1

8. Race/ethnicity unknown 0

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 0

2. ADD/ADHD 2

3. AIDS/HIV 0

4. Amputations or Absence of Extremities 0

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 0

7. Autism Spectrum Disorder 1

8. Autoimmune or Immune Deficiencies 0

10. Other visual impairments 0

11. Cancer 0

12. Cerebral Palsy 1

13. Deafness 4

14. Hard of Hearing/Hearing Impaired 0

16. Diabetes 0

17. Digestive disorders 0

18. Epilepsy 0

19. Heart and other circulatory conditions 0

20. Intellectual Disability 2

21. Mental illness 5

22. Multiple Sclerosis 0

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 1

25. Neurological Disorders/Impairment 2

26. Orthopedic impairments 0

27. Personality Disorders 0

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 1

31. Speech Impairments 0

32. Spina Bifida 0

33. Substance abuse 0

34. Other disability 0

35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.) 19

E. Types of Individuals Served

1. Applicant of VR 3

2. Individual eligible for VR services currently on a wait list 0

3. Individual eligible for VR services not currently on a wait list 13

4. Applicant or individual eligible for Independent Living 0

5. Transition student/High school student 3

6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act 0

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency. 4

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. A mental health therapist contacted Kentucky P&A’s CAP Coordinator regarding her patient’s concern about an action made by the patient’s Office of Vocational Rehabilitation (OVR) counselor. Reportedly the patient, diagnosed with Complex Post-Traumatic Stress Disorder, was asked about the source of her trauma by the counselor. Luckily, the patient was far enough into her recovery to tell the counselor that specific information had nothing to do with her vocational goal. The CAP Coordinator contacted the OVR Director of Field Services to ask if field staff received training on trauma-informed care and relayed the situation details. OVR policy was changed to require annual mandatory trauma-informed care training for all staff. CAP has not received any further complaints regarding this issue.

While reviewing OVR case files for two CAP clients, Kentucky P&A’s CAP Coordinator noted critical problems with case notes. These problems included 1) records for people other than the client were in the files, 2) gaps of multiple months between case review notes, 3) missing evaluation reports, and 4) unprofessional personal comments about clients made by counselors. The CAP Coordinator contacted the OVR Director of Field Services about the observations. The Director immediately sent out a detailed email that outlined counselors’ obligation to documentation, how lack of or inaccurate files can negatively impact client services and directed them to their supervisors if they have difficulties with the documentation expectations.

Kentucky P&A created a two-page publication that addresses frequently asked questions about on-the-job accommodations. It included information on Title I of the Americans with Disabilities Act (ADA), disability disclosure, Kentucky P&A recommendation on documentation, and internet resources. This publication has been shared with callers to Kentucky P&A, to training attendees, agencies that serve individuals with disabilities, secondary school transition coordinators, visitors of agency exhibit tables and posted on the agency website. Kentucky P&A has received positive feedback from individuals, family members, and professionals alike.

Kentucky P&A created a two-page publication that provides tips for people attending postsecondary education and training. It has information on a multitude of topics including, but not limited to, 504 plans of accommodations, Kentucky P&A recommendation on documentation, and resources for students. This publication has been shared with callers to Kentucky P&A, to training attendees, agencies that serve individuals with disabilities, secondary school transition coordinators, visitors of agency exhibit tables and posted on the agency website. Kentucky P&A has received positive feedback from individuals, family members, and professionals alike.

B. Litigation

a. Number of cases requiring litigation involving individual representation filed during fiscal year. 0

b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year). 0

c. Number of cases resolved through litigation during fiscal year. 0

2. Describe the agency's on-going and completed systemic litigation activities involving individual representation. N/A

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option): External-Protection and Advocacy agency

2. Name of designate agency: Kentucky Protection & Advocacy

3. Is the designated agency contracting CAP services? No

4. If yes, name of contracting agency:

B. Staff Employed

1. Provide a description of all CAP positions Each of Kentucky Protection & Advocacy's 19-member full-time staff have the capacity to provide CAP services and attribute a portion of their salaries to the grant. This number includes the designated CAP Coordinator and CAP support (administrative) staff. During the fiscal year for this report, portions of salaries for 16 professionals and 2 support staff members were paid by CAP funds.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. DG, a 48-year-old with attention deficit hyperactivity disorder, severe anxiety, and multiple health issues, contacted Kentucky CAP due to a denial of change in counselor and overall dissatisfaction with Office of Vocational Rehabilitation (OVR) services. CAP opened a case to assist with communication between OVR and client after determining that changing OVR counselors was unnecessary. DG wanted to get certifications in several areas so that she could assist both children and adults with intellectual and developmental disabilities within her community. She hoped that that OVR funded classes for community support associate and mental health peer support specialist certificates would boost her acceptance into a Master of Social Work (MSW) program. With certifications in hand and OVR’s agreement for application fee payment, she applied for MSW programs at two in-state universities. Unfortunately, neither program accepted her. Upon a professor’s recommendation she then applied for and was accepted in a university’s developmental disabilities certification program. CAP negotiated with OVR for an exception to pay completely for the program, because 1) the certification would make her more marketable for employment, 2) the university does not offer financial aid for students only enrolled in certificate programs, and 3) she didn't have out of pocket funds to pay the over $3,000 difference for the program if OVR held to paying according to the OVR service fee schedule ($5,000). OVR agreed to this DG would agree that the program would be the last certificate/training program for which OVR would be asked to pay; DG agreed. She is now attending the classes for her program.

NR, a 45-year-old with Post-Traumatic Stress Disorder contacted Kentucky CAP upon the recommendation of the Office of Vocational Rehabilitation (OVR) after he requested mediation. His vocational goal on his Individualized Plan for Employment (IPE) is landscape architect. However, OVR denied support for him during completion of his bachelor’s degree in liberal arts so he can pursue a landscape architecture graduate degree. CAP Coordinator and OVR's Director of Field Services had a negotiation meeting. OVR agreed to financially support NR's final semesters of undergraduate school and his graduate program. After NR obtained his undergraduate degree, he was awarded multiple assistanceships and a scholarship from an out-of-state university where he started the Master of Science in Landscape Architecture program during the Fall 2025 term.

The father/legal guardian of AA, a 22-year-old with Leigh Syndrome, contacted Kentucky CAP due to many months of unresponsiveness from the Office of Vocational Rehabilitation (OVR) after AA’s eligibility determination. When gross case mismanagement was confirmed, CAP enlisted assistance of to ensure proper customized supported employment referral and services. Shortly after services commenced, AA’s distressed father/legal guardian again contacted CAP. A new benefits analysis done with a Community Work Incentives Coordinator; he realized that his family cannot afford a reduction in AA’s benefits. Further, AA’s health condition had worsened making 10 hours per week of work the maximum amount of employment and an increased risk to his health. In light of the financial situation and AA's health, father/legal guardian made the difficult decision to indefinitely suspend vocational services.

TS, a Deaf 48-year-old, whose vocational goal is alcohol and drug counselor for the Deaf & Hard of Hearing population. During Fiscal Year 2024, CAP assisted with reversing an Office of Vocational Rehabilitation (OVR) denial of payment for a master’s degree. CAP was contacted during the current fiscal year, due to issues locating American Sign Language (ASL) accommodating internships and required supervision for certification. Kentucky currently doesn't have reciprocity for alcohol/drug counseling certification, creating a barrier to out-of-state internships. Once it was determined that no in-state Kentucky approved alcohol/drug counseling internship supervisor was willing to accommodate with ASL interpreter, OVR agreed to pay for a Master of Social Work (MSW) program at a nationally recognized university that serves Deaf and hard of hearing people. After this agreement, TS found and accepted employment as a regional care coordinator with an out-of-state Deaf mental health agency that would allow her to work while taking her MSW classes and would provide required supervision for her internship hours. TS moved out-of-state and Kentucky OVR continues to provide financial and other support for her graduate degree.

Certification

Reports are to be submitted to RSA within 90 days after the end of the fiscal year covered by this report. Please be reminded that you can enter data directly into the RSA website via the internet. Information on transmittal of the form is found on pages 19 and 20 of the reporting instructions.

Name and Title of Authorized Certifying Official

I agree to submit this form by electronic means. By signing this form electronically, I certify under penalty of perjury that my answers are correct and complete to the best of my knowledge. I understand that an electronic signature has the same legal meaning and can be enforced in the same way as a written signature.

Full Legal Name of Signer: Elizabeth Metzger

Certifying Official Title Client Assistance Program Coordinator

By checking this box and typing my full legal name above, I am electronically signing this form. Yes

Date Certified (mm/dd/yyyy) 2025-11-20

OMB Notice

OMB Control Number: 1820-0528, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0528. Note: Please do not return the completed form to this address.

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