RSA-227 for FY-2025: Submission #27

State name South Dakota

Report through date 09/30/2025

General Information

Designated Agency Identification

Name Cole L Uecker

Address 2520 E. Franklin St.

Address Line 2 Ste. #2

City Pierre

State SD

Zip Code 57501

E-mail Address cole.uecker@drsdlaw.org

Website Address https://drsdlaw.org/

Phone 6052248294

TTY

Toll-free Phone 18006584782

Toll-free TTY

Fax 6052245125

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 Cole Uecker

Person to contact regarding report Cole L Uecker

Contact Person Phone 6052248294

Contact Person E-mail Address cole.uecker@drsdlaw.org

Part I. Non-case Services

A. Information and Referral Services (I&R)

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

2. Information regarding independent living programs 0

3. Information regarding American Indian VR Service projects 2

4. Information regarding Title I of the ADA 0

5. Other information provided 1

6. Information regarding CAP 3

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

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 18

2. Number of individuals who attended these training sessions. 285

3. Describe training presented by the staff. Include the following information: CAP provided trainings focused on several issues germane to this fiscal year's Goals and Priorities. Training topics included, but were not limited to: development for students on Individual Education Plans (IEP), self-advocacy, disability law, Title I of the ADA, protections afforded under §504 of the Rehabilitation Act, as well as Vocational Rehabilitation (VR) and Independent Living (IL) regulations. The ongoing requirements for the provision of VR services is to focus those services on students and youth with disabilities. This paradigm is demonstrated by the Workforce Innovation and Opportunity Act's (WIOA) mandate that 15% of all federal rehabilitation funds to the states must be spent on Pre-Employment Services for age ranges from 14-22. CAP in South Dakota has focused its outreach to students ages 14 to graduation to make sure that they are aware of, have access to, and receive assistance in procuring services from Vocational Rehabilitation and either of the two Centers for Independent Living (CILs) operating in South Dakota to develop and implement their IEP.

The CAP in South Dakota conducted trainings in two communities with high unemployment rates in collaboration with our University Centers for Excellence in Developmental Disabilities' (UCEDDs) program, the Oyate Circle. This program is a resource, education, outreach, and training effort that serves individuals with disabilities in conjunction with a high unemployment rate in South Dakota. The goal of these activities is to promote employment, self-advocacy, and independence for communities that are in great need of support. CAP participated in “ALFA Camps” in Kyle and in Rosebud. CAP’s contribution to these events is to inform participants about the various protections provided under the law through Title I of the ADA and §504 of the Rehabilitation Act. This is a great opportunity for youth within the impacted communities because it equips them with knowledge about vital protections that empower employment, all while being able to interact directly with Jim Warne, a former professional football tackle who played in the NFL for the Detroit Lions and who is an award-winning filmmaker. Having the opportunity to hear from a successful member of their community about ways that they can excel is a powerful way for CAP to impact the lives of young people in South Dakota.

For many years, the South Dakota CAP program has maintained and promoted an online tool that is designed to assist students, aged 16 through graduation, to participate meaningfully in their IEP development – specifically skill development in preparation for post-graduation. This tool, known as “iTransitionSD,” walks the student through several areas of post-graduation life, such as obtaining housing, post-secondary education options, and employment. People who use this tool are encouraged to contact their local Vocational Rehabilitation office and Center for Independent Living to obtain assistance in this process. Once completed, the student has a tangible outline of discussion topics that he or she can take to their IEP meeting and discuss their goals for after completion of their high school education. While this resource is discussed at nearly every youth related outreach and activity, the South Dakota CAP provides specific training to students, educators, and providers to fully explain the benefits of supported self-direction in planning. CAP staff provided an "iTransitionSD" training at Teachwell Solutions. Teachwell Solutions is a non-profit education co-op created by South Dakota public schools which specializes in alternative education, special education, therapy services, and supported developmental programming. Teachwell Solutions is highly motivated to provide person-centered planning opportunities to the students that they serve. "iTransitionSD" is a powerful tool toward those ends.

In addition to youth populations, CAP provided training at several conferences for educators, providers, students, parents, and other community members. One such training occurred in Lower Brule, where attendees learned about employment protections (Title I and §504), Social Security Benefits, employment incentives, the services of State Division of Rehabilitation Services (also: those services which are grant funded under §121 of the Rehab Act), the supports available from their local Center for Independent Living, and other disability-related information which can facilitate competitive integrated work and community living.

CAP continued to provide a PowerPoint training created by DRSD advocates and attorneys specifically focused on employment protections, especially those provided by Title I of the ADA and §504 of the Rehabilitation Act. This training is designed to be both legally substantive and still accessible to those with developmental and intellectual disabilities. CAP provided this training to the Community Support Providers (CSPs): VistaCare in Pierre, SD (one to the people served by that DD Provider and one to the staff of the CSP); Live, Inc. in Lemmon, SD; Community Connections, Inc. in Winner, SD; Ability Building Services in Yankton, SD; and the alternative secondary school, Teachwell Solutions in Sioux Falls, SD. CAP staff would often accompany the PowerPoint-driven instruction with various activities designed to provide an interactive experience, which would help to reinforce the concepts and protections emphasized within the material provided. These trainings are continuing into FY26.

CAP also presented at the Developmental Disability service providers, Black Hills Special Services Cooperative (Hot Springs and Sturgis locations) on the topic of Guardianship and Alternatives to Guardianship. While this topic is not directly related to rules and regulations outlined by the Rehabilitation Act, the concept of self-direction is deeply rooted in the processes underlying plan development of all programs funded under the Act. Many times, access to services, plan development, and independent living/employment outcomes may be frustrated by an overreaching guardianship. Providing training around this topic can serve to ensure Client-directed plan development and services.

Partners in Policymaking is an extensive training program partially funded by the South Dakota Council on Developmental Disabilities and administered by DRSD staff. The program provides training over a six-month period for selected self-advocates and family members. Training is provided in the areas such as independent living, self-advocacy, education, employment, involvement, and rights restrictions. CAP participates by providing instruction in employment rights, services for students ages 14-25, protections available under Title I of the ADA, and services available from the Vocational Rehabilitation program(s) and the Centers for Independence.

Many of the Training Activities related to the CAP program provided in South Dakota are in conjunction with other grant programs administered by the P&A. General information about the benefits, rights, laws, and regulations implicated, and programs funded under the Rehabilitation Act, are discussed along with comparable information for the other respective programs. An unexhaustive list of these activities includes: a presentation to a class of aspiring Special Educators at Northern State University in a class titled 'Special Education & the Law'; training to staff at South Dakota's residential facility for people with developmental disabilities and those for people receiving mental health treatment at the various residential mental health centers including the Human Services Center in Yankton SD. Trainings such as these typically cover topics including: protections provided under Title I of the ADA; protections afforded under WIOA which promote competitive integrated employment (especially sub-minimum wage related requirements of §511); and services available from the various Rehab Act funded programs for students, youth, and other persons with disabilities in the state. CAP would also take these opportunities to train attendees on “iTransitionSD” and its value to students with disabilities as they self-advocate for services in their education programming, including Rehab Act funded programs.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. CAP participated in a total of 45 Outreach Activities during FY25, which included 20 booths at a variety of events and conferences.

CAP provided Outreach designed to reach and inform people regarding issues germane to CAP's Goals and Priorities. The ongoing requirements for the provision of VR services is to focus those services on students and youth with disabilities. This paradigm is demonstrated by the Workforce Innovation and Opportunity Act's (WIOA) mandate that 15% of all federal rehabilitation funds to the states must be spent on Pre-Employment Services (Pre-ETS). CAP in South Dakota has focused its outreach to students ages 14 to graduation to make sure that they are aware of, have access to, and receive assistance in procuring services from Vocational Rehabilitation and either of the two Centers for Independent Living (CILs) operating in South Dakota in the development and implementation their IEPs.

This year, CAP attended multiple events that were held to benefit the employment and independent living outcomes of youth (students) with disabilities. Many of these events were organized and hosted by South Dakota’s TSLP. Early in the fiscal year, TSLP held its ”Catch the College Wave” events, which are designed to assist students with the decision and demystify the process of seeking post-secondary education. CAP attended these events in Sioux Falls and Rapid City. Later, TSLP held events that they call “Let’s Talk Work,” where issues of employment and employment protections are discussed. CAP offers an information and outreach booth at these events. This year, CAP attended Let’s Talk Work events in Rapid City, Fort Pierre, Mitchell, and Watertown. TSLP also holds two statewide training events each year; first, the TSLP Summer Institute; and second, the Youth Leadership Forum. CAP participates in both to discuss employment protections, the importance of Pre-ETS, and the services and benefits available from VR as well as the CILs. The Summer Institute is mostly focused on providing information to teachers and education professionals. Youth Leadership Forum is a week-long intensive self-advocacy and informational camp for high-school students to learn about all aspects of life after graduation.

Other youth-related activities included outreaches and booths at a Back-to-School Resource Fair in Rapid City, the Lighting the Way Conference (an Autism focused event), a Self-Advocacy Fair held by an alternative school in Sioux Falls, and the 2025 Special Education Conference for educators and administrators.

CAP participated in events intended to inform the disability community about services funded under the Rehabilitation Act, encourage those within the community to apply for VR and CIL services if they feel that they would benefit, and offer assistance to those who would apply or are current clients. These events were broad in their reach; some were provided to communities with a higher unemployment rate. Events were also held for networking between regional non-profits.

CAP continues its efforts to maintain contact with each of the VR Programs within the state of South Dakota. One notable outreach activity that CAP participated in during this fiscal year was the Kyle Listening Session. This year, 93 individuals signed into the event, though over 150 are estimated to have attended. While there, CAP discussed the program, activities, systemic goals, and relevant legal issues and offered to assist potential clients to apply for VR or ILC services or to help current clients of those programs to advocate for their rights and appropriate services within those programs. CAP participated in a similar outreach at the Lower Brule Listening Session. 45 individuals attended this event. While there, CAP discussed the program, activities, systemic goals, and relevant legal issues and offered to assist potential clients to apply for VR or ILC services or to help current clients of those programs to advocate for their rights and appropriate services within those programs. Another such outreach effort was a booth at the “Lakota Nation Education Conference” in Rapid City. This is a very large event attended by individuals from across the state of South Dakota. The booth received many visitors. 63 people signed the sheet indicating their presence and receipt of CAP-related information. In addition, CAP conducted outreach activities to all 5 VR 121 programs in the state. The outreach consisted of exchanges of information, identifying opportunities for collaboration, and ensuring that CAP information is being provided to all applicants and clients.

CAP participated in Disability Awareness Day at the South Dakota Capitol Rotunda. This event provides CAP with the opportunity to network with other service providers, speak to people with disabilities who could benefit from CAP services or a referral to VR and/or ILC, and notably meet with South Dakota lawmakers to educate them about CAP functions and respond to any other questions which the legislators may have.

Some of CAP's outreach activities are intended to develop and maintain relationships with the projects, programs, and services funded under the Rehabilitation Act. CAP takes every opportunity to stop by and visit with staff at each VR office and Center for Independent Living (ILC, WRIL) as we travel throughout the state. CAP provides informational materials in the form of brochures and posters to VR offices and South Dakota’s various Centers for Independent Living. These materials are displayed and provided to applicants and clients of these programs so that they are effectively informed of the availability of services from their CAP. The State VR program also provides substantially similar materials to applicants and clients, though the State programs are responsible for reproducing their own materials. It is important to maintain relationships with the projects, programs, and services funded under the Rehabilitation Act because it facilitates referrals and makes subsequent CAP-involved activities more productive.

Additionally, outreach at VR offices and Centers for Independent Living provides an opportunity to speak with applicants and clients who may be present at the time of the visit about the services provided by CAP. One of the best opportunities to network with these providers presents itself at the annual VR Fall conference. CAP set up a booth with information about the program. This provided the opportunity for service providers funded under the Rehab Act are able to speak with CAP about our services, activities, systemic goals, and relevant legal issues.

In an effort to make sure that South Dakota’s community of people with intellectual disabilities and developmental disabilities (ID/DD) know about the CAP, about the various VR services, and about employment protections outlined under Title I of the ADA, the CAP made sure to conduct outreach to people served by the various Developmental Disability providers in our state. The CAP visited people served at Advance in Brookings, the South Dakota Developmental Center (DD state facility) in Redfield, Black Hills Works (its self-advocacy group) in Rapid City, Dakota Milestones in Chamberlain, and New Horizons in Watertown, SD.

CAP registered for and attended several community fairs throughout the state during the 2025 Fiscal Year. These are often broad in scope and are not solely focused on employment or for people specifically looking for employment or independent living supports. In July, CAP attended a Disability Resource Fair in Rapid City to expose people in that area to the various disability-related services and supports available in the area. CAP was able to discuss employment protections of Title I, VR, and the CILs. CAP also attended a ‘Farm & Home Show’ In Pierre. This was not specifically a disability or employment-related event, but was a good way to connect with people with disabilities, parents, or guardians who we may not have otherwise contacted CAP in our normal course of business. Community fairs such as these give the CAP in South Dakota the opportunity to meet with populations who do not interact with the typical disability events, services, or providers that traditionally receive the bulk of our attention.

CAP conducted outreach activities to educators and special education providers to inform them about CAP and to encourage them to share information with students with disabilities about VR and the Centers for Independent Living. CAP also encouraged the use of the “iTransitionSD” website where students can develop a resource for use in planning and obtaining information on inviting representatives of various services funded under the Rehab Act to their IEP meetings.

In addition to the above-described outreach activities, CAP participated in dozens of efforts to reach populations who are potentially eligible applicants and/or clients of programs and services funded under the Rehab Act -- many of these events were organized by those providers themselves or programs funded by sub-grants. CAP provided outreach through one-on-one conversations, information booths, office visits, provision of CAP brochures, etc.

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 2

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 6845

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 20

6. Other 5

Please explain below In FY25, CAP disseminated 6,845 pieces of information to the public. This number includes a large number of publications/booklets/brochures distributed while doing outreach, training, or otherwise, as well as other DRSD items such as pens, pencils, shopping bags, and several other items containing DRSD contact information. There were a number of activities conducted by CAP during FY25 which did not fall under any of the dissemination activities listed above.

In FY25, the CAP in South Dakota was offered the opportunity to provide a letter of support to our state’s Parent Training & Information Center, South Dakota Parent Connection (SDPC). SDPC provides Pre-ETS to youth, including self-advocacy skills, independent living supports, and information about employment protections. SDPC's main vehicle for ensuring that these goals are met is by supporting the development of robust Individual Education Plans to ensure a Free Appropriate Public Education for students with disabilities.

Another way that the CAP worked with SDPC this year was through collaboration in a regional workgroup of PTIs and VR providers. This group got together over videoconference and discussed best practices of their respective states. The goal of this was to promote information sharing and effective program development over multiple states.

CAP participated in the development of an ‘Infographic’ which outlines the benefits and legal protections for Service Animals under the ADA. Service animals can be greatly beneficial to people with certain disabilities in and out of the workplace. Service Animals receive protections under Title II and Title III of the ADA to access all areas and programs in the community. Additionally, Service Animals are protected under Title I of the ADA. This makes it a very valuable activity for CAP in FY25.

CAP relies on PowerPoint for many of its trainings, including the employment protections training that it provides throughout the state. These PowerPoints are distributed to attendees through digital and printed means. This strategy of material distribution occurred during trainings at developmental disability providers like Community Connections, Inc. in Winner, SD, VistaCare in Pierre, SD, and at the Partners in Policymaking Self-Advocacy course and at other events.

In addition, CAP was mentioned in minutes posted from Board of VR meetings, meetings of the Statewide Independent Living Council, and meetings of the Board of Service to the Blind & Visually Impaired.

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. No sources or information disseminated about CAP by an external source during FY25.

Part II. Individual Case Services

A. Individuals served

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

2. Additional individuals who were served during the year 3

3. Total individuals served (Lines A1+A2) 4

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.) 2

B. Problem areas

1. Individual requests information 0

2. Communication problems between individual and VR counselor 0

3. Conflict about VR services to be provided 4

4. Related to VR application/eligibility process 0

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

6. Related to IPE development/implementation 0

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 2

2. Investigation/Monitoring 0

3. Negotiation 0

4. Mediation and other methods of Alternative Dispute Resolution 0

5. Administrative / Informal Review 0

6. Formal appeal / Fair Hearing 0

7. Legal remedy / Litigation 0

8. Total 2

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 0

2. Some issues resolved in individual's favor 0

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

4. Individual's case lacks legal merit 0

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. 0

9. Individual not responsive/cooperative with CAP 0

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

11. Conflict of interest 0

12. Other 1

(Please explain below) Client was a consumer with a State VR program of another State as a residence of that state. Client was receiving services with the South Dakota Rehab Center. The SD Services ended due to the client's wishes. South Dakota's position/decision regarding the record request of work product and internal communications was appropriate.

E. Results achieved for individuals

1. Controlling law/policy explained to individual 0

2. Application for services completed 0

3. Eligibility determination expedited 0

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 1

6. Communication re-established between individual and other party 0

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) The case was closed because the client withdrew his request for VR Services from the SD VR. It was CAP's determination that the SD VR’s position/decision was appropriate regarding the record request.

Part III. Program Data

A. Age

1. Up to 18 1

2. 19 - 24 0

3. 25 - 40 1

4. 41 - 64 2

5. 65 and over 0

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 4

B. Gender

1. Females 2

2. Males 2

3. Nonbinary or Another Gender 0

4. Unknown 0

5. Total (Lines B1+B2+B3+B4. Total must equal Part II Line A3.) 4

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 0

2. American Indian or Alaskan Native 0

3. Asian 0

4. Black or African American 0

5. Native Hawaiian or Other Pacific Islander 0

6. White 2

7. Two or more races 2

8. Race/ethnicity unknown 0

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 0

2. ADD/ADHD 0

3. AIDS/HIV 0

4. Amputations or Absence of Extremities 0

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 0

7. Autism Spectrum Disorder 0

8. Autoimmune or Immune Deficiencies 0

10. Other visual impairments 0

11. Cancer 0

12. Cerebral Palsy 0

13. Deafness 0

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 0

21. Mental illness 1

22. Multiple Sclerosis 0

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 0

25. Neurological Disorders/Impairment 0

26. Orthopedic impairments 1

27. Personality Disorders 0

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 0

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.) 4

E. Types of Individuals Served

1. Applicant of VR 2

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

3. Individual eligible for VR services not currently on a wait list 2

4. Applicant or individual eligible for Independent Living 0

5. Transition student/High school student 0

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. CAP has been appointed to the boards for Vocational Rehabilitation (BVR), Service to the Blind and Visually Impaired (SBVI), and to the State Independent Living Council (SILC). As a member of these State Rehabilitation Councils, CAP has the opportunity to participate in the strategic planning and service provision of those providers. The representative for the CAP continued his service on the Board of Vocational Rehabilitation. CAP's focus of effort on this Board and in this role is to ensure the opportunity for Board members and members of the public to effectuate meaningful input to the Division of Rehabilitation Services (DRS). This can come in the form of ensuring that the public has unincumbered access to the Board, Board members have the opportunity to bring issues to the attention of DRS, and substantive matters are addressed by anyone on the Board. CAP staff participated on the Consumer Services Committee as a member of the Board of Vocational Rehabilitation. As part of this committee assignment, CAP participated in the planning process subsequent to the Comprehensive Statewide Needs Assessment relating to both VR and SBVI services. This is an exciting and meaningful opportunity to improve practices and services of the State VR programs based on evidence-based practices (including the 'blind program'). CAP has worked with the BVR and SBVI to incorporate the findings of the Comprehensive Statewide Needs Assessment into their respective State Plans. The role of CAP in these discussions was to ensure that the interests of VR/SBVI applicants and clients are considered part of the process, not just the interests or needs of the Designated State Unit. These State Plans are submitted to the Governor every four years to be included with the Unified State Plan to the US Department of Labor. Included in this process is to help set the State VR (and SBVI) programs' 'Goals, Priorities and Strategies' for the coming four years. These non-litigation systemic activities (impact on other agency's policies or practices 1 and 2) are among the most impactful methods that the CAP affects rehabilitation services over the four-year period in which the respective State Plans are in effect.

As an appointed member of the State Independent Living Council (SILC), CAP staff worked with the two South Dakota Centers for Independent Living (CILs) [Independent Living Choices and Western Resources for Independent Living] to identify areas of need for services. CAP received updates and reports on CIL activities, survey responses, funding levels, and strategic plans. CAP’s role on the SILC is to advise the CILs of Applicant/Client rights, needs (as understood by CAP through client contacts and listening sessions), and encourage comprehensive service provision throughout the state to meet the needs of the most individuals as possible.
One of the chronic challenges that our state's CILs face is the recruitment and retention of high quality and qualified staff. The SILC recognizes that having passionate and committed staff within the CILs is pivotal to the services available to people with disabilities in South Dakota who desire to live independently. Reports from CIL Executive Directors to the CIL initiated a discussion among members about expanded strategies to reach applicants and entice more people to apply for employment with the CIL. Council members suggested broadened utilization of social media, online platform, and revisiting traditional approaches such as 'help wanted' ads in local newspapers. As a result of these conversations, at least one CIL Executive Director utilized some of the approached recommended by the SILC (impact on other agency's policies or practices 3).
Another impactful suggestion provided by the SILC in FY25 resulted from a report from the CILS of a cut (or elimination) of funding for home modifications within the IL system. In response to this report, the SILC suggested that the CILs look for low cost sources and partners such as Habitat for Humanity to collaborate in low cost IL modifications for people who need it. While reduced or eliminated funding can be catastrophic to established means of service provision, CAP and the SILC recognize the value of the services supported by that funding. CAP and the SILC were not satisfied with seeing that resource disappear due to funding limitations and suggested changes to practices that might conserve the assistance for people who need it. CIL Executive staff responded that they would look into these opportunities and fold them into their activities where possible (impact on other agency's policies or practices 4).

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. No on-going or completed systemic litigation CAP activities involving individual representation in FY25.

Part V. Agency Information

A. Designated Agency

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

2. Name of designate agency: Disability Rights South Dakota

3. Is the designated agency contracting CAP services? No

4. If yes, name of contracting agency: N/A

B. Staff Employed

1. Provide a description of all CAP positions NAME POSITION FULL TIME STATUS FY24 % OF TIME
Pierre—Home Office
DL Intake Specialist Yes 6%
GT Intake Specialist Yes 6%
BP PATBI Prog. Dir./ASR Yes 5%
CJM PAVA Prog. Dir./ASR Yes 2%
AM ASR Yes 9%
OA Fiscal Director Yes 8%
CLU Executive Director Yes 2%
CW Fiscal Assistant Yes 8%

Rapid City—Branch Office
SL ASR Yes 8%
DLM PAIMI Prog. Dir./ASR Yes 9%
SD ASR Yes 8%
EH Staff Attorney Yes 9%

Sioux Falls—Branch Office
JAH Legal Director Yes 8%
PS Staff Attorney Yes 12%
JD Staff Attorney Yes 8%
AW ASR Yes 10%
DLD ASR Yes 2%
MK ASR Yes 8%

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. One of the interesting cases that was taken by CAP during the 2025 Fiscal Year involved an individual with a disability who contacted DRSD for assistance regarding the services the Client was receiving through the state's Services for the Blind and Visually Impaired. The Client lived out-of-state and was working with the out-of-state's Vocational Rehabilitation program, which agreed to pay for services from South Dakota. The Client was not satisfied with the in-person services received, so remote services were set up for the Client. The Client contacted DRSD for assistance in obtaining adequate services through SBVI and a complete copy of the Client's SBVI records. The CAP advocate reviewed information shared by the Client and then participated in a meeting with the Client, the Client's Vocational Rehabilitation Counselor, and South Dakota School for the Blind and Visually Impaired. The CAP advocate also scheduled and participated in a meeting with the Client and the Client's VRC. The Client and the out-of-state VR program agreed to end the services with South Dakota and explore other options for services.

Because the Client was not satisfied with the South Dakota VR services, the Client requested a copy of the Client's complete record of service, which SBVI sent to the Client. However, the Client believed there was certain information missing that was a part of the record. The CAP advocate obtained clarification on this from the State and conveyed the accepted response to the Client.

Another CAP case had a successful outcome very soon after opening the case for that person. Upon initiation of the case, the Client withdrew her complaint against VR because she ended up receiving her technology from VR and no longer needed our assistance.

An interesting case involved Title I of the ADA and VR services. The Client was seeking workplace accommodations from his employer, which the employer denied. Though relief may have been available through the South Dakota Department of Labor or the EEOC, it was decided that a more direct route to get the Client what he needed was to seek support from the South Dakota office of Vocational Rehabilitation. The Client utilizes a wheelchair and needs lumbar support for his work from home. His doctor recommended an ergonomic office chair. Health insurance refused to pay for the chair because it was not coded correctly and the healthcare provider would not pursue anything further with insurance company. The Client’s employer (Client works online for an out-of-state company) refused to pay for the chair because the Client works part-time and Client does not want to push the issue with the employer. The Client is now working with VR to purchase the chair.

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: Cole Lee Uecker

Certifying Official Title Executive Director

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

Date Certified (mm/dd/yyyy) 2026-01-13

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