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RSA-227 for FY-2025: Submission #24

New York
09/30/2025
General Information
Designated Agency Identification
Disability Rights New York (DRNY)
279 Troy Road, Ste 9
PMB 236
Rensselaer
New York
12144
http://www.drny.org/
518-432-7861
518-512-3448
800-993-8982
800-993-8982
518-427-6561
Operating Agency (if different from Designated Agency)
Additional Information
Erica Marie Molina, Esq.
Erica Marie Molina, Esq.
518-432-7861
erica.molina@drny.org
Part I. Non-case Services
A. Information and Referral Services (I&R)
25
0
2
0
4
10
41
B. Training Activities
12
341
We continue to distribute information and resources to the public through our outreach and training activities.

VR Networking:

In New York, the state vocational rehabilitation agencies are the New York State Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR) and the New York State Commission for the Blind (NYSCB). The former is a general VR agency serving people with all disabilities except blindness, while the latter is a VR agency only serving those who are blind. DRNY continues to work with these VR agencies and provide training to VR staff to improve outcomes for our clients.

Pre-ETS:

Pre-Employment Transition Services (Pre-ETS) is an important service that vocational rehabilitation agencies offer to youth 14 to 21 years of age. ACCES-VR has multiple vendors across New York State that are charged with providing this valuable, but underutilized, set of services. Specifically, VR agencies have focused on the Potentially Eligible Initiative, which was a grant that allowed VR agencies to contract with vendors across the state to provide employment services to youth who are between 14 and 21 and have a documented disability, but do not yet have an open VR application or case. This initiative has ended by ACCES-VR, but DRNY has continued to collaborate with these providers.

This year, DRNY has trained Pre-ETS providers and provided new information such as brochures and fact sheets that DRNY developed to assist individuals in understanding their rights. DRNY has trained Pre-ETS service providers seven times this year, engaging with a total audience of 129 individual staff. These presentations focused on services available to youth with disabilities after high school as well as advocacy strategies they could use beyond high school. In addition, DRNY presented on Pre-ETS services at the 2025 National Disability Rights Network (NDRN) Annual Virtual Conference. There were 80 people in attendance at this presentation. DRNY looks forward to continuing this work in the next fiscal year.

Law School Disability Justice Class:

The CAP Director sat on a multi-disciplinary panel for Albany Law School’s Disability Justice class of 90 students in November 2024, continuing an annual tradition. The panelists all had disabilities and discussed the value of hiring people with disabilities, important policy considerations related to working people with disabilities, and the latest developments in employment law affecting Social Security beneficiaries.

Workers’ Compensation Board:

We trained staff from New York State’s Workers’ Compensation Board. The training educated these government staff on DRNY’s available services, the state’s VR agencies and their services to people with disabilities, as well as advocacy strategies that the Board’s clientele could benefit from implementing. DRNY trained 12 people through this effort.

Address Confidentiality Program:

DRNY hosted the staff of New York State’s Address Confidentiality Program (ACP) for a mutual training. The ACP staff taught DRNY about their services, while DRNY educated the ACP on DRNY services for people with disabilities. The ACP is a free mail forwarding service for survivors of domestic violence, sexual offenses, stalking, and human trafficking, as well as Reproductive Healthcare Service employees, patients, and volunteers. The ACP helps keep people safe by providing a legal substitute address for participants’ correspondence, participation in government services, and more. The ACP shields a participant’s real physical address from public records and preserves the confidentiality of their new location. “Data shows that people with disabilities experience domestic violence at 5 times the rate of those without disabilities. People with intellectual disabilities are especially at risk.” (Source: https://www.gao.gov/products/gao-24-106366.) ACP can serve as a vital resource to our clients who are survivors of violence, Reproductive Healthcare Service employees, and their families. Twenty people attended this training.

Employment Task Force:

DRNY’s dedicated Employment Task Force coordinates training efforts to bring attention to employment barriers. This period, the Task Force created a two-part employment law presentation called Overview of Key Areas of Employment Law Relevant to Disability Advocacy. This training was given over two days and was designed for DRNY legal interns. The first part was focused on basic employment law as it relates to disability. The second part was exercise-based; attendees were asked to apply lessons learned from the employment law portion of the presentation to a hypothetical DRNY case. A total of 10 people were trained.

Trainings Attended:

In addition to providing trainings, our staff attended several trainings that either informed the work we do in removing barriers to VR services and employment for people with disabilities or helped us with broadening the advocacy and writing skills we need to do so. These trainings included the topics below.

• Understanding Negotiation Strategies
• Providing People with Disabilities with Tools for Self-Advocacy
• The Critical Importance of “Knowing” Your Witness
• Basic Social Security Benefits
• Employment Law Institute 2024
• Difficult Conversations: Let’s Talk About Client Communications
• Introduction to NYS Office of New Americans
• NDRN Annual Conference 2025 [Self-Employment: A Viable Option for VR Clients; How to Create a Robust Employment Discrimination Practice; PABSS Advocacy: Using PABSS Funding to Support Systemic Efforts; etc.]
• Training on Employment Discrimination - Reasonable Accommodations
• Ethical Issues for Lawyers and Mental Health Professionals Involved in Employment Litigation
• Civility in Negotiations & Mediations
• How Assistive Technology (AT) Supports Daily Life and Work
• Cybersecurity: Best Practices for Lawyers 2025
• Barriers to Employment Faced by PABSS Eligible Social Security Beneficiaries: Resources to Overcome These Persistent Barriers
C. Agency Outreach
*Advisory Committee on Advancing Racial Equity (CARE)*

DRNY continues to work internally to ensure we address intersectional barriers affecting people with disabilities who are seeking employment. We continue our commitment to reflecting on matters such as bias, privilege, racism, and intersectionality. This period, the operation and structure of all DRNY task forces and our Advisory Committee on Advancing Racial Equity (CARE) have changed as a result. These changes have ensured better coordination, strategic planning, and resource allocation across the groups. The CAP Director rotated off as Co-Chair to CARE in March 2025. Our Senior Advocate remains a member of CARE.

We likewise continue to seek out opportunities to serve people with disabilities in underrepresented groups, including those who identify as Black, Indigenous, non-white, or non-English speaking, as well as the youth and transition population. This important work will continue in FY 2026.

*Community Outreach*

CUNY LEADS Collaboration:

DRNY has continued its collaborative working relationship with the City University of New York (CUNY) system of colleges, and with their LEADS (Linking Employment, Academics, and Disability Services) staff. This year, we were able to connect with high school and college students with disabilities and school administrators because of this partnership. First, DRNY attended the Cardinal Career Resource Fair at CUNY York College, at which we engaged 150 people. We also attended Hunter College’s event called Empowering Inclusion: Employers on Disability & Workforce Success. DRNY disseminated materials to and engaged with the 250 attendees at this event.

Bronx Adult Learning Center:

The Bronx Adult Learning Center (BALC) hosted its College & Career Resource Fair this year. DRNY educated 28 people on our programs and resources. The BALC was pleased our involvement, and they offered to invite DRNY back to its next community event.

Community Health Fair:

DRNY attended this year’s Community Health Fair at Shorefront Y, hosted by the Shorefront YM-YWHA of Brighton-Manhattan Beach, Inc. The fair offered free health screenings, healthcare resources, connections to local health care providers, and resources for living a healthy life to the public. DRNY educated attendees about our programs, including information on our employment and vocational rehabilitation support. We interacted with a total of 50 people from the community.

Transition Fairs:

This year, we continued to focus our efforts on reaching the youth and transition population. DRNY attended the Transition & Career Fair hosted by staff and administrators at the Clara Barton High School. We provided information to parents and students with disabilities that would be helpful to the students’ journeys toward successful academics and eventual employment. We engaged with 39 people at this event. DRNY also attended the Martin Van Buren High School Transition Night for the first time. There, we engaged with 27 students with disabilities and their families.

Bronx Pride Festival:

DRNY attended this year’s Da Bronx Pride Festival 2025: Existence is Resistance. This event was held after the Bronx Pride March, led by the Bronx Borough President’s Office and her LGBTQIA+ Task Force. The festival offered community connections and healthcare resources to the LGBTQIA+ community in honor of Pride Month. DRNY connected with 120 attendees at this event.
D. Information Disseminated To The Public By Your Agency
3
71
1
696
5
236
During the 2024-25 fiscal year, our Marketing Department continued to focus on updating our assets and increasing our report library. We review and update both our digital and print materials for content and design. We created over 236 graphics and published 32 reports focused both statewide and for each congressional district. Of those 32 reports, 5 were newly created supplemental reports highlighting our work. We continued to grow our viewership and virtual audience each year, adding over 378 new social media followers. There were over 13,000 views of our original video content on YouTube.

DRNY continues to ensure we are recognized as a resource for people with disabilities seeking services under the Rehabilitation Act. We routinely disseminate brochures and other resources to clients, the public, and stakeholders. Information is provided to the public and groups within New York State. We have targeted VR agencies and ILCs to disseminate information, as well as providers of pre-employment transition services (Pre-ETS); these referral sources have produced many new referrals to DRNY. Referrals also come from outreach events and community stakeholders who participate with DRNY in various state councils, committees, and task forces.

Training & Advisory Support Center’s (TASC) Advisory Group:

DRNY sat on the National Disability Rights Network (NDRN) Training & Advisory Support Center’s (TASC) Advisory Group until this fiscal year. Until then, she acted as Co-Chair to the Advocacy Work Group (AWG). The AWG’s role is to advise NDRN on the training and technical assistance needs of, and resources for, the Protection & Advocacy and CAP System to enhance their ability to zealously provide effective legal and other advocacy services across the System. The CAP Director rotated off this work group at the end of her membership term in January 2025.

State Rehabilitation Councils:

We continue to serve on the ACCES-VR State Rehabilitation Council (SRC). Our Senior Advocate continues in her role as Co-Chair of ACCES-VR SRC’s Quality Assurance & Improvement Committee. We regularly update the SRC on our programs and help facilitate other stakeholders on the QAI Committee in bringing important insight and recommendations to the full SRC. This continues to be a consistent source of requests for technical assistance, information and referrals (I&R), and case service requests.

The NYSCB also has an SRC, but NYSCB continues to prevent DRNY from filling the seat statutorily mandated for the CAP. For the third year in a row, NYSCB has prevented DRNY from fully participating, aside from the public comment period. The designated CAP representative continues to be barred from any work on the SRC’s subcommittees. NYSCB’s assertion has been that the CAP representative must undergo a tedious and invasive background and financial review performed by the state. This is contrary to the Rehabilitation Act of 1973, as amended, which requires that the CAP have a seat on the SRC. In contrast to the NYSCB SRC, ACCES-VR’s SRC does not ask its members for background or financial checks. DRNY has attempted to resolve this matter with NYSCB, but to no avail. Our CAP representative continues to attend NYSCB SRC quarterly meetings until after public comment, when he is ejected from the meetings. The CAP Director has also attended these meetings and is investigating this sequestration. DRNY will continue taking steps to address this issue in FY 2026.
E. Information Disseminated About Your Agency By External Media Coverage
N/A
Part II. Individual Case Services
A. Individuals served
54
37
91
8
29
B. Problem areas
2
26
53
7
0
7
1
0
2
1
C. Intervention Strategies for closed cases
34
2
32
0
1
0
0
69
D. Reasons for closing individuals' case files
49
3
1
2
0
1
0
4
8
0
1
0
N/A
E. Results achieved for individuals
20
4
0
0
35
10
0
0
0
0
N/A
Part III. Program Data
A. Age
4
11
29
36
11
91
B. Gender
54
35
1
1
91
C. Race/ethnicity of Individuals Served
19
1
6
22
0
38
1
4
D. Primary disabling condition of individuals served
0
5
0
0
2
5
6
1
4
0
0
4
5
0
0
0
0
0
1
2
26
0
0
9
5
8
0
0
1
4
0
0
2
1
91
E. Types of Individuals Served
27
0
66
4
1
1
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
0
CAP Program Priorities:

CAP Priorities focus our resources on clearly articulated substantive areas so that the public is aware of our services. Priorities also allow us to identify and monitor systemic problems.

I. Priority 1: Advocate for vocational rehabilitation (VR) services available through the Rehabilitation Act of 1973, as amended, with particular attention to individuals in underserved populations.

a. Objective 1: provide advocacy to individuals who are in the process of applying for VR services while ensuring the legal standards for findings of eligibility and ineligibility are maintained by VR agencies.
b. Objective 2: provide advocacy to individuals who are in the individualized plan for employment (IPE) development stage of the VR process.
c. Objective 3: provide advocacy to individuals who are seeking assistive technology and/or rehabilitative technology in an effort to achieve their IPE goal.
d. Objective 4: provide advocacy to individuals who are seeking transportation, driving lessons, and/or vehicle modification assistance from VR agencies in an effort to achieve their IPE goal.
e. Objective 5: provide advocacy to individuals who are seeking to establish or reestablish communication and/or a productive working relationship with their vocational rehabilitation counselor (VRC).
f. Objective 6: provide advocacy to individuals who are seeking support from their VR agency in their goal of self-employment.
g. Objective 7: provide advocacy to individuals eligible for services under Section 511 of the Act, related to the payment of subminimum wages to people with disabilities.

II. Priority 2: Advocate for training and education services available through the Rehabilitation Act of 1973, as amended, with particular attention to individuals in underserved populations.

a. Objective 1: Advocate for the provision of pre-employment transition services (Pre-ETS) for students with disabilities who require and are eligible or potentially eligible for such services under Section 113 of the Act.
b. Objective 2: Provide advocacy to individuals who are seeking vocational and/or trade school training in an effort to achieve their IPE goal.
c. Objective 3: Provide advocacy to individuals who are seeking college and/or graduate school support from their VR agency in an effort to achieve their IPE goal.

III. Priority 3: Advocate for proper processes, services, and benefits under the Act and other employment-related programs, with particular attention to individuals in underserved populations.

a. Objective 1: provide technical assistance or information to individuals regarding Title I of the Americans with Disabilities Act (ADA).
b. Objective 2: provide technical assistance or information to individuals regarding Social Security, including work incentives such as PASS Plans and Ticket to Work.
c. Objective 3: provide technical assistance or information to individuals seeking support in accessing their VR case records in an accessible and timely manner.
d. Objective 4: provide technical assistance or information to individuals applying for due process against VR agencies.

IV. Priority 4: Advocate for services available from federally funded independent living centers (ILCs), with particular attention to individuals in underserved populations.

V. Priority 5: Conduct an outreach and education campaign to ensure that individuals in underserved and unserved communities throughout New York State understand their rights, know about the Protection & Advocacy system, and can access appropriate Client Assistance Program services.

DRNY Comments on Proposed Rulemaking Seeking to End Subminimum Wage Exception

DRNY advised policymakers at the U.S. Department of Labor of the importance of government action to do away with Section 14(c) of the Fair Labor Standards Act which presently permits some employers to pay people with disabilities less than a competitive wage. While DRNY has observed a steady decline in the paying of subminimum wage to people with disabilities in New York State, over 1300 people are being paid less than minimum wage. We advised policymakers of the harms of treating workers with disabilities different from other workers and recommended the elimination of the 14(c) exception.

Vehicle Modification Systemic Project

The lack of accessible transportation remains a major barrier for people with disabilities in seeking, obtaining, and maintaining employment. Our CAP and Protection & Advocacy for Beneficiaries of Social Security (PABSS) program staff have continued to address barriers that our clients face in obtaining VR support for vehicle modifications. Due to ACCES-VR’s outdated agency policies, many people with disabilities are still denied up-to-date vehicle modifications simply because the policies themselves do not acknowledge technological advances.

ACCES-VR’s denials keep their clients from new motor vehicle technology to the detriment of cost, safety, efficiency, and practicality. DRNY has continued to achieve success for clients through individual advocacy, in spite of the agency’s outdated policy. These approvals have so far been provided on a case-by-case basis, sometimes after years of DRNY advocacy. However, ACCES-VR’s continued delays in providing these services have resulted in new challenges.

An example of this work is a 3-year-long effort on behalf of our client who is a schoolteacher. She needs a vehicle to get to and from her job but was denied a newer model van with foot steering in 2022. This is despite ACCES-VR’s providing this modification to this exact client 10 years prior. ACCES-VR cited a technical issue with the bidding process as the reason they would not provide the modification, asserting they were unable to locate a vendor to install the system. We negotiated a resolution, which resulted in ACCES-VR putting out a new bid for a different foot-steering system.

Since then, a vendor has been identified but they assert that they can no longer complete the modification because of the new tariffs put into place by the federal government. The vendor cannot afford the tariffs, and ACCES-VR has declined to pay the cost of these tariffs. Instead, ACCES-VR has chosen to use its resources to delay the modification even longer for our client by sending the modification request through the bidding process, yet again. The bidding process is set to be completed in November 2025. If the bidding process does not produce an actionable result for our client, we will be exploring other options to move this case forward, including individual litigation.

DRNY has continued to assess and monitor all vehicle modification matters that come before us. This collection and monitoring of events and data from ACCES-VR vehicle modification cases may result in eventual systemic litigation. These efforts will continue in FY2026.
B. Litigation
0
0
0
We did not have any individual or systemic litigation in FY 2025. Instead, our efforts to resolve disputes have focused on alternative methods. DRNY has participated in informal meetings, written and in-person negotiations, and at administrative reviews to represent our clients. We also regularly provide technical assistance to help clients self-advocate at regular VR meetings and throughout due process.
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights New York (DRNY)
No
N/A
B. Staff Employed
Type of position Full-time equivalent % of year position filled Person-years

Professional
Full-time 4.21 97% 4.16
Part-time 0 0 0
Vacant 0 0% 0

Clerical
Full-time 1.01 94% 0.95
Part-time 0 0 0
Vacant 0.09 6% 0.02

Professional FTE

We paid 15 professional staff from Section 112 funds. Allowing for the timing of hires during the year as well as the percentage of indirect staff, time allocated to Section 112 funds the 15 professional EE’s equate to 4.21 FTE. 97% of the full-time professional positions were filled for 12 months equating to 4.16 person years. The vacancies equate to 0% of the positions unfilled. DRNY did not have any part-time professional employees.

Clerical FTE

We paid 11 clerical staff from Section 112 funds. Allowing for the timing of hires during the year as well as the percentage of indirect staff, time allocated to Section 112 funds the 11 EE’s equate to 1.01 FTE. 94% of the full-time positions were filled for 12 months equating to 0.95 person years. The vacancies equate to 6% of the positions unfilled. DRNY did not have any part-time clerical employees.
Part VI. Case Examples
Case Examples
#1.

A 24-year-old college student contacted DRNY seeking assistance with obtaining a custom-built lightweight power wheelchair. The client was enrolled in college out-of-state, unable to leave her college campus in Maine due to the broken wheelchair. DRNY assisted with negotiations between New York State’s vocational rehabilitation agency, ACCES-VR, and the State of Maine’s Division of Vocational Rehabilitation Services (DVR). These negotiations resulted in an agreement which led Maine’s DVR program to pay for down payment needed for the planning and construction of the client’s custom-built lightweight power wheelchair. ACCES-VR paid for the delivery of the wheelchair. In addition to the freedom of being able to move across their campus again, this was a benefit to our client worth $14,000.

#2.

Our client with severe anxiety and agoraphobia contacted DRNY seeking assistance with reestablishing communication with his vocational rehabilitation counselor (VRC) at ACCES-VR. He went for several months without receiving communication from his VRC. The client wanted to obtain a training certificate in medical billing and coding but because of the delay in services at ACCES-VR, the client missed his training start date. DRNY assisted the client with reestablishing communication with ACCES-VR. We also assisted him with obtaining $5,800 worth of services in training sponsorship from ACCES-VR.

#3.

Our client had a goal of becoming an esthetician. She contacted us after making multiple attempts to contact her assigned VRC, to no avail. DRNY discovered her ACCES-VR case was delayed because the client’s case no longer was assigned to anyone at the VR agency. DRNY advocated for expedited reassignment. As a result of DRNY’s involvement, the client was assigned to a new VRC. The VRC arranged for a Diagnostic Vocational Evaluation (DVE) for this client, as well as travel to and from, at an amount of $853.70 in benefit to our client. With this DVE and a new VRC, our client is set up for success in her VR case.

#4.

DRNY has spent several months advocating for a graduate student who is seeking assistance obtaining tuition reimbursement from ACCES-VR. ACCES-VR failed to provide the client with any guidance on their college and training policy when our client, who is deaf, approached her VRC for graduate school support. DRNY became involved and submitted an informal request for tuition reimbursement, citing a severe delay in the client’s VR case. ACCES-VR continued to deny this request based on the requirement that an IPE must be active and signed by both the VRC and the client for any support to be provided. However, ACCES-VR ignored the fact that these delays were caused by a serious lack of communication by ACCES-VR staff. In fact, the VR supervisor in this case acknowledged in writing to DRNY that the client’s VR file had not been updated for well over a year, in violation of statutory requirements calling for IPE review on an annual basis, if not more frequently. DRNY proceeded to file a formal waiver request from the Quality Assurance Monitoring Unit, calling for the IPE policy to be waived in this case. However, that request was also denied by ACCES-VR. We assisted the client in both filing for and prosecuting an impartial hearing. With our assistance the client was able to present her case to a hearing officer, and we await a decision.

#5.

Our client contacted DRNY regarding concerns about her ACCES-VR services. She earned a bachelor’s degree in criminal justice from the State University of New York. She initially contacted DRNY for assistance with advocating for adaptive driving lessons and vehicle modifications. However, while assessing the case, DRNY discovered additional issues. We determined our client had been denied assistive technology (AT) that should have been provided years ago by ACCES-VR. To ensure we had a strong argument, DRNY advocated for an updated AT evaluation, which ACCES-VR approved. This new evaluation resulted in further recommendations for AT for our client. However, ACCES-VR still refused to purchase the AT for our client, asserting that the client should obtain this AT from their employer. Our client is not yet employed, and the AT recommended by the evaluator would be beneficial in her preparing for employment. DRNY appealed ACCES-VR’s decision on behalf of our client, and we represented her in an Administrative Review. We won the review. ACCES-VR agreed to provide the AT our client needs, worth more than $3,100.00, to move forward in her VR process. DRNY continues to advocate for additional services from ACCES-VR, including adaptive driving lessons and vehicle modifications.
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.
Erica Marie Molina
CAP Director
Yes
2025-11-25
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