RSA-227 for FY-2025: Submission #15

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. The Disability Rights Delaware’s (“DRD”) Client Assistance Program (“CAP”) Coordinator participates on the Division of Vocational Rehabilitation’s (“DVR”) internal Policy Committee. The Policy committee generally meets monthly to review and update DVR policies and procedures. During this reporting period, DVR completed revisions to their self-employment policy (policy/practice change 1). DVR’s self-employment policy was outdated, long and difficult to implement. The newly revised self-employment policy, that is now in effect, significantly improves the process for those individuals who want to achieve a self-employment vocational goal. DVR also drafted and implemented a new policy related to supporting DVR Participants who select services from Transitional Programs for Students with Intellectual Disabilities (TPSID) (policy/practice change 2). The new policy makes clear that TPSID services are a DVR covered service which will prepare a young adult with intellectual disabilities for competitive integrated employment.

DRD’s CAP Coordinator is a Governor appointed member of the State Rehabilitation Council (“SRC”), which is DVR’s advisory council. During FY25, the SRC collaboratively began working with DVR to complete the triennial comprehensive statewide needs assessment (CSNA). A robust collaboration between DVR and the SRC on the CSNA will ensure that individuals with the most significant disabilities are receiving services in competitive, integrated settings throughout the State and that gaps in DVR services can be identified and improved. The SRC also completed the process of updating the Bylaws (policy/practice change 3), which ensures a diverse advisory group to guide DVR’s services. It ensures that the SRC reflects current needs of Delawareans with disabilities and will assess program performance from the eyes of service recipients.

The CAP Coordinator is a member of the Vocational Rehabilitation Advisory Council to the Division for the Visually Impaired (“DVI”) and the CAP Coordinator attends meetings of the Delaware Council on the Blind. During FY25 the VRAC held an open public forum to solicit input from the community about changes to DVI-VR's post-secondary education policy, which CAP participated in. CAP followed up with DVI after the open public forum to again encourage DVI to include language in their post-secondary education policy that affirmatively identifies that Transition Programs for Students with Intellectual Disabilities (TPSID) are an appropriate and approved post-secondary education service for DVI's Participants. CAP further recommended that DVI's post-secondary education policy specifically address what costs for TPSID programs will be approved and how TPSID programs will align with the Participant's Individualized Plan for Employment. Revising DVI's post-secondary education policy to include TPSID programs will benefit individuals with disabilities by supporting a Participant's informed choice when selecting service providers and will provide Participants additional opportunities to learn independent living and self-advocacy skills leading to successful employment outcomes for DVI's Participants. Following CAP’s recommendations, DVI has given verbal confirmation that TPSID programs would be a considered service (policy/practice change 4). The VRAC also worked to recruit new council members and fill open member positions.

Additionally, VRAC subcommittees met to discuss DVI-VR policies and consumer satisfaction. The VRAC is just beginning to proactively engage in review of DVI-VR's Consumer Satisfaction process. A comprehensive practice of regularly collecting consumer satisfaction data and reviewing the data from DVI-VR's Participants, will allow the VRAC and DVI-VR to identify areas of unmet needs and opportunities to improve DVI-VR's service delivery leading to better employment outcomes for Participants. The Council on the Blind Meetings, which CAP attends, also advised DVI on their education services and program recommending practices to improve the recruitment and retention of Teachers of the Visually Impaired (TVI's) which helps young-adult aged youth with visual impairments to prepare for and obtain competitive integrated employment following their exit from school. DVI has since reported steps they are taking to meet with the Department of Human Resources and the Department of Health and Human Services Secretary’s office to offer incentives, education reimbursement and other recruitment/retention efforts (policy/practice change 5).

The CAP Coordinator was a member of the State Council for Persons with Disabilities Employment First Oversight Commission “EFOC.” The EFOC reviews policies and practices that hinder the employment of individuals with disabilities and has also reviewed state WIOA implementation. This reporting period, the EFOC had a focus on rebuilding the membership of the EFOC. The EFOC also began to implement action items from the strategic plan including, but not limited to, subcommittee and full Commission structure, recruitment of new members and updating the Annual Report process, which benefited people with disabilities because the work of the EFOC became more transparent and the improvements in organizational structure enabled the EFOC to have more efficient advocacy with the State on behalf of workers with disabilities, and finally it improved recruitment and retention of members with disabilities (policy/practice change 6).

CAP met with DVR multiple times during this reporting period (11/15/24, 7/24/25, 9/18/25) to discuss concerns about DVR's compliance with the due process requirements under the law. As a result of these meetings, CAP prepared and presented a training to DVR staff on the due process requirements. CAP also advocated for and reviewed revisions to DVR's fair hearing policy, for which CAP gave DVR significant technical assistance and feedback (policy/practice change 7). CAP has been invited to participate in the selection process for fair hearing officers and mediators which will occur during federal fiscal year 2026 (policy/practice change 8).

DRD staff participate on the planning committee with other non-profits and state agencies for the annual LIFE Conference, which presents training and information on the shift into adulthood and employment topics, among others, for people with disabilities, their families, and service providers.

DRD staff also have systemic impact in ways that positively impact CAP clients, by participating in numerous committees, councils and organizations that have an impact on the employment and education of individuals with disabilities, such as: the Delaware Developmental Disabilities Council and its Advocacy and Outreach and Policy and Law Committees; the State Council for Persons with Disabilities and its Policy and Law committee and Electronic Access Committee; the Center for Disabilities Studies Advisory Committee; the Statewide Independent Living Council; the Division of the Developmental Disabilities Advisory Council; the Governor’s Advisory Council for Exceptional Citizens; the Delaware Architectural Accessibility Board; the Delaware Guardianship Commission, among others.

At the request of the State Council for Persons with Disabilities, Governor’s Advisory Council for Exceptional Citizens, and Developmental Disabilities Council, DRD staff provided analysis and comments on budgets for State agencies that impact employment and/or higher education of individuals with disabilities, including the Delaware Department of Health and Human Services (“DHSS”), Delaware Division of Medicaid and Medical Assistance (“DMMA”), the Division of Services for the Aging and Adults with Physical Disabilities (“DSAAPD”), and the Delaware Department of Education (“Dept. of Ed”), and analyzed education, employment, or independent living related bills and regulations; several select examples follow, below. These analyses positively impact CAP clients.

Proposed Department of Health and Social Services (“DHSS”), Division for the Visually Impaired (“DVI”) Regulation on 16 DE Admin. Code 9101, 28 DE Reg. 854 (6/01/25). DHSS and DVI proposed regulation to the rules and regulations of statewide contracts to support employment for individuals with disabilities (16 DE Admin. Code 9101). The proposed amendments were technical changes to bring the regulation into compliance with the Delaware Administrative Code Style Manual. This rulemaking was analyzed by DRD and the analysis was shared with Councils on their request. The rulemaking is pending final publication.

Proposed Professional Standards Board / Delaware Department of Education (DDOE) Regulation on Paraeducator Permits, 28 DE Reg. 490 (1/01/25). The DDOE, Professional Standards Board proposed to amend 14 Del. Admin. C. § 1517 with respect to paraeducator permits. The proposed amendments in this regulation included revising the requirements for an applicant for an Instructional Paraeducator Permit, as well as a Service Paraeducator Permit, to clarify that a secondary credential approved by a state can also be used to qualify for a permit (proposed language: “applicant who holds a high school diploma or its recognized equivalent diploma, the equivalent of a high school diploma approved by a state, or a secondary credential approved by a state.”). The proposed amendments also included grammatical and style changes. The changes create flexibility to encourage more paraeducators to serve Delaware, thereby providing more supportive staff for students with disabilities. Based on DRD analysis, Councils supported this change and provided public comment as such. The DDOE later published the final rulemaking making the changes to the policy, which will benefit students with disabilities by creating increased flexibility and more expansive support staff for them. (policy/practice 9).

Proposed Division of Health and Social Services (DHSS) Division of Medicaid and Medical Assistance (DMMA) Amendment to Title XXI CHIP State Plan regarding CHIP Juvenile Justice Initiative, 29 DE REG. 189 (09/01/25). DHSS/DMMA proposed a Medicaid State Plan Amendment (“SPA”) to bring Delaware into compliance with requirements in the Federal Consolidated Appropriations Act of 2023 (“CAA”). This proposal is specific to the Children’s Health Insurance Program (“CHIP”) program. The CAA included several provisions impacting access to state funded health services for incarcerated juveniles with Medicaid and/or CHIP. Prior to the CAA changes, while incarceration was not a barrier to eligibility for Medicaid, it was a barrier to CHIP. While any child can apply for and be found eligible for Medicaid during incarceration, that was not the case with CHIP. However, a child who was eligible for CHIP prior to incarceration would not lose eligibility during their period of continuous eligibility, even while incarcerated. The CAA makes several significant changes to these rules. This proposed State Plan Amendment would bring Delaware into compliance with the CAA by amending the SPA to not terminate CHIP eligibility and that DHSS will suspend eligibility instead. It states that within 30 days prior to release, or within one week of release or as soon as practicable, Delaware will provide eligible children with any screenings, diagnostic services or case management services otherwise available under the CHIP state plan. The proposed SPA also states DHSS will process any application for CHIP to provide services upon release. It states that children applying for CHIP coverage who are within 30 days of release and who are found eligible for CHIP are to be provided screenings, diagnostic services and case management services otherwise available under the CHIP Plan. These changes are intended to promote more effective movement of juveniles out of delinquency facilities, and medical services benefits juveniles with disabilities. Justice involved juveniles tend to have greater health needs, especially behavioral health needs. Juveniles will have greater success upon release if they are connected to all needed services, including targeted case management and robust referral services. Such interventions should lead to better health and more successful post-release life, including employment and education. Based on DRD analysis, Councils supported this change globally, posed a question to DHSS and made comments on the vagueness of one particular provision; Councils provided public comment as such in September of 2025. The final regulation was adopted and goes into effect December 11, 2025. However, because DRD work with respect to this policy change was completed in September 2025, it is being reported here. The policy change will provide better support to youth with disabilities as they move from carceral settings to the community, and will thereby reduce recidivism and increase their employability. (policy/practice 10).