RSA-227 for FY-2025: Submission #33

State name Indiana

Report through date 09/30/2025

General Information

Designated Agency Identification

Name Indiana Protection & Advocacy Services / Indiana Disability Rights

Address 4755 Kingsway Drive

Address Line 2 Suite 100

City Indianapolis

State Indiana

Zip Code 46205

E-mail Address info@indianadisabilityrights.org

Website Address http://www.indianadisabilityrights.org/

Phone 317-722-5555

TTY

Toll-free Phone 800-622-4845

Toll-free TTY

Fax 317-722-5564

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 Melissa Keyes

Person to contact regarding report Melissa Keyes

Contact Person Phone 317-722-3463

Contact Person E-mail Address mkeyes@indianadisabilityrights.org

Part I. Non-case Services

A. Information and Referral Services (I&R)

1. Information regarding the vocational rehabilitation (VR) program 6

2. Information regarding independent living programs 0

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 1

5. Other information provided 0

6. Information regarding CAP 6

7. Total I&R services provided (Lines A1 through A6) 13

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 11

2. Number of individuals who attended these training sessions. 523

3. Describe training presented by the staff. Include the following information: IDR and the Indiana Civil Rights Commission offered a training at Ivy Tech Community College. The purpose of the training was to inform the audience of circumstances which constitute employment discrimination based on disability, and how to request reasonable accommodation in the workplace, as well as how to get help if they experience employment discrimination. The audience members were primarily college students with disabilities, plus faculty and university staff.

IDR provided two trainings, to 48 VR counselors and employment specialists from two area VR offices, to prepare them to serve CAP clients more effectively. The topics of the trainings were work incentives and supports for individuals being served by VR who want to work, and an overview of the ADA process.

IDR trained 120 individuals with disabilities at a day program and sheltered workshop. All 120 individuals were working in the sheltered workshop as part of their day program. The presentation was simulcast to three different locations and recorded for later use. The purpose of the presentation was to inform these individuals about competitive integrated employment as an alternative to sheltered work. The topics included an overview of competitive integrated employment, rights to reasonable accommodation, work incentives, and working with VR.

IDR presented in both English and Spanish at five Family Employment Awareness Training (FEAT) trainings sponsored by IIDC held around the state of Indiana. The purpose of these trainings is to support employment-seeking adults and transition-age students. The topics IDR covered were an overview of IDR services and the CAP program. The audience was primarily students with disabilities, ages 15-21, but also included family members, and agency partners. A total of 170 individuals attended the five trainings.

IDR trained ten individuals experiencing blindness or low vision at Bosma Enterprises on their legal rights as they pursue competitive integrated employment. This training focused on employment rights, including how to request reasonable accommodation from an employer.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. IDR worked with partner organizations and other stakeholders to provide outreach to their audiences, expanding IDR’s reach into rural communities and other populations. The Family Employment Awareness Trainings were held all over the state, to reach Hoosiers where they live.

IDR staff worked with the Long-Term Care Advocacy Coalition advocating for the expansion of Self-Directed Waiver Services during this reporting period. IDR staff continued actively participating in the LTCAC with DRS leadership to expand self-directed waiver services, without jeopardizing those that currently exist for limited participants.

IDR staff were unable to set up tables at events, due to staffing and budgetary restrictions, so outreach looked different than previous years. Several times during the reporting period, school districts requested IDR to provide an information table at their event, but to be fiscally responsible, and minimize travel and staff cost, IDR shared digital resources, including our Transition Guide which outlines the rights of students as they transition from high school to post-secondary education, employment, or vocational training. School districts then printed IDR’s digital resources for their transition-age students and their families and passed them out at the event. One school district special education cooperative added IDR’s resources to their binders, which were offered to staff who work with transition-age youth, students transitioning from high school, and their parents or guardians.

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 8

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

3. PSAs/Videos Aired about the CAP Agency 0

4. Publications/Booklets/Brochures Disseminated by the Agency 8719

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 0

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. IDR attorneys engaged with members of the press, resulting in placement in two news articles, in the Indianapolis Business Journal and the Daily Journal, about proposed federal rule changes and their effects on CAP eligible individuals.

IDR’s external partners share IDR and CAP information with their communities. These partners included the DD Council, the state’s UCED, the Arc of Indiana, the statewide Family-to-Family Network, IN*Source, and other disability advocacy organizations. Other organizations who share IDR’s information included state agencies, disability networks, and service providers. IDR’s information was also shared with legal aid providers. IDR’s information is shared on its own websites and social media accounts, but also on the websites, social media accounts, newsletters, and other resources by our community partners. This information is vital as Indiana seeks to end sheltered work, in favor of competitive integrated employment.

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 3

2. Additional individuals who were served during the year 28

3. Total individuals served (Lines A1+A2) 31

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.) 4

B. Problem areas

1. Individual requests information 0

2. Communication problems between individual and VR counselor 6

3. Conflict about VR services to be provided 23

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 1

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 23

2. Investigation/Monitoring 0

3. Negotiation 2

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 27

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 16

2. Some issues resolved in individual's favor 1

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

4. Individual's case lacks legal merit 0

5. Individual chose alternative representation 0

6. Individual withdrew complaint 6

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 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 12

2. Application for services completed 0

3. Eligibility determination expedited 1

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 3

6. Communication re-established between individual and other party 8

7. Individual assigned to new counselor/office 2

8. Alternative resources identified for individual 0

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

10. Other 1

(Please explain below) The one in the "Other" category's outcome was a monetary settlement for the client.

Part III. Program Data

A. Age

1. Up to 18 0

2. 19 - 24 1

3. 25 - 40 8

4. 41 - 64 18

5. 65 and over 4

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 31

B. Gender

1. Females 21

2. Males 10

3. Nonbinary or Another Gender 0

4. Unknown 0

5. Total (Lines B1+B2+B3+B4. Total must equal Part II Line A3.) 31

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 12

5. Native Hawaiian or Other Pacific Islander 0

6. White 18

7. Two or more races 1

8. Race/ethnicity unknown 0

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 2

2. ADD/ADHD 0

3. AIDS/HIV 0

4. Amputations or Absence of Extremities 1

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 0

7. Autism Spectrum Disorder 2

8. Autoimmune or Immune Deficiencies 0

10. Other visual impairments 3

11. Cancer 0

12. Cerebral Palsy 4

13. Deafness 3

14. Hard of Hearing/Hearing Impaired 1

16. Diabetes 0

17. Digestive disorders 0

18. Epilepsy 0

19. Heart and other circulatory conditions 0

20. Intellectual Disability 1

21. Mental illness 2

22. Multiple Sclerosis 1

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 0

25. Neurological Disorders/Impairment 2

26. Orthopedic impairments 6

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.) 31

E. Types of Individuals Served

1. Applicant of VR 1

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

3. Individual eligible for VR services not currently on a wait list 30

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. 1

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. Background
IDR continues to monitor the implementation of Indiana’s plan to transition away from sheltered workshops to competitive integrated employment. IDR assisted in the design of the plan in FY2022. IDR successfully advocated for changes to policy and service definitions and provided substantive recommendations on ways to better integrate VR services to waiver participants in FY2023. In FY2024, the ongoing meetings between IDR, the Center for Public Representation (CPR), and leadership from the Division of Disability and Rehabilitative Services (DDRS) resulted in state plan amendments to add career exploration as a service in two 1915(c) waivers serving Hoosiers with intellectual disabilities. The amendment was granted and the new career exploration service became available to waiver participants in July 2024.

Activity 1
a) In FY2025, IDR and CPR continued to meet with leaders from DDRS, now called the Division of Disability, Aging, and Rehabilitative Services (DDARS), to further develop ways to deliver employment services to implement Employment First policies and grow opportunities for CIE. IDR reiterated the importance of data collection and analysis to determine program success and urged DDARS staff to begin collecting more robust data regarding participation in employment services. IDR and CPR pushed data collection and analysis because it is an effective tool in evaluating whether the transformation plan is proving effective or whether, for example, people are getting bottlenecked in a particular part of the CIE exploration process.
IDR also expressed concern about BRS’s plans for meeting federal requirements for delivering career counseling to sheltered workers at least annually, as its contract to deliver these services expired June 30.

b) Thanks to this ongoing discussion, DDARS changed its practice to now provide benefits counseling across the HCBS waivers managed by DDARS. IDR and CPR’s concerns about CCIR responsibilities also applied pressure on BRS to quickly create a new way of meeting those requirements in-house, as opposed to through a contractor. BRS’s new approach to CCIR will foster greater and more consistent interaction between sheltered workers and VR staff, as well as insight collaboration and cooperation between VR staff and case managers.

c) The benefit to persons with disabilities of this action and policy or practice change is HCBS waiver participants have more points of entry to explore and pursue CIE, as well as greater access to precursor supports and services like benefits counseling. BRS’s new CCIR process is poised to better ensure that individuals expressing interest in CIE will receive follow-up information and that the individual’s entire team is working toward the same goals regarding employment.

Activity 2
a) In FY2025, IDR submitted public comments in support of USDOL's proposed rule that would prohibit the future issuance of 14(c) certificates and phase out the 1(c) program over a three-year period. If finalized, the rule would prohibit entities from paying workers with disabilities less than minimum wage.
b) While the current administration decided not to move forward with the phaseout or any related rulemaking, these comments and IDR's relationship with the media resulted in a news story published in two outlets in late January 2025 focused on the challenges and opportunities of Employment First policies.
c) People with disabilities benefit from IDR’s ongoing prioritization of CIE and Employment First by raising public awareness regarding sheltered work and subminimum wage employment in Indiana. Learning about these topics is often greatly surprising to Hoosiers – especially those who are on the younger end of the age spectrum – which motivates them to advocate for Employment First and CIE policies. Such widespread support is needed to enact policies and procedures, as well as supports and services, that better enable people with disabilities to engage in CIE and, subsequently, gain economic self-sufficiency, authentic inclusion, and more dignity.

Activity 3
a) IDR staff continued to participate in the Disability Employment Technical Assistance Center (DETAC) Grantee Advisory workgroup until it was disbanded. Because the federal contract from ACL to perform DETAC deliverables ended, much of the workgroup’s activities during FY2025 involved ensuring loose ends were tied up and appreciating the various technical advice materials that were created through the contract.

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: Indiana Protection & Advocacy Services Commission / Indiana Disability Rights

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 1. CAP Lead Staff Attorney: Direct all case management within the Employment team to include the Client Assistance Program. Represent clients with disabilities who have experienced civil rights violations through administrative and litigation processes. Provide legal direction to advocates. Design and perform community training to educate community members regarding legal rights and obligations.

2. CAP Program Coordinator (fulfilled by Executive Director) - Ensure timely federal grant reporting. Serve or designate an advisory representative on the Indiana Commission on Rehabilitation Services for the CAP program. Remain current with all issues impacting CAP. Ensure CAP program guidelines are followed. Assist with report assignments. Participate in weekly case review committee meetings. Coordinate with the other program area staff attorneys to develop a yearly strategic plan for the area including proposed individual advocacy cases and case selection criteria, systemic projects or potential litigation issues, and policy initiatives.

3. CAP Advocate II Team Leader: Specific duties of this regionally positioned Advocate is to work with individuals with disabilities to redress individual disability rights concerns and promote system change to protect and promote the rights of individuals with disabilities. Essential Duties and Responsibilities: Serve as a subject matter expert to the Employment Team. Provide technical assistance to other team members on advocacy tactics relating to employment. Perform individual case advocacy as directed by attorney. Assist or manages systemic projects as assigned. Provide education and training programs. Monitor facilities as assigned. Serve as an advisory member on state policy work groups or councils as a CAP representative. Assist or manages reports from the subject matter group as assigned. Coordinate with the assigned areas attorney(s) as necessary for advocacy.

4. CAP Advocate III: Specific duties of this regionally positioned Advocate is to work with individuals with disabilities to redress individual disability rights concerns and promote system change to protect and promote the rights of individuals with disabilities. Essential Duties/Responsibilities: Investigate alleged civil rights violations against persons with disabilities related to VR and employment. Implement advocacy plans to alleviate rights violations involving persons with disabilities. Provide information and referral services regarding regional resources. Conduct agency outreach activities.

As of September 30, 2025, IDR employed 28 staff members. As of the time of this filing, IDR employs 25 staff members. IDR administers 9 federally funded advocacy programs as the state's P&A, including CAP; Protection & Advocacy for Assistive Technology(PAAT), Protection & Advocacy for Beneficiaries of Social Security (PABSS), Protection and Strengthening of Social Security Beneficiaries (Rep Payee Reviews); Protection &Advocacy for Developmental Disabilities (PADD), Protection & Advocacy for Individuals with Mental Illness (PAIMI), Protection & Advocacy of Individual Rights(PAIR); Protection & Advocacy for Traumatic Brain Injury (PATBI), Protection &Advocacy for Voting Access (PAVA). The CAP program staff is comprised of the Employment Team to include the CAP program coordinator, one attorney, one attorney supervisor and two advocates. These staff members also work under the other seven programs as needed. The time reporting system utilized by IDR requires staff to closely track and report their work activities under each program. Biweekly, each staff member accounts for the amount of time worked in each program. This accounting is used to determine the portion of each staff member's salary and benefits paid by each of the federal programs for that bi-weekly period. This cost allocation approach ensures that each funding source supports only those activities and expenses which are authorized under that source's legislation and regulations.

The number and type of positions are listed here: 1 Executive Director; 1 Chief Financial Officer/Chief Operations Officer; 1 Legal Director - VACANT; 1 Policy Director; 1 Managing Attorney; 5 Staff Attorneys – 1 Attorney role - VACANT; 1 Advocate Supervisor; 1 Investigation Coordinator; 2 Intake Advocates; 6 Advocacy Specialists – 1 Advocate Specialist role - VACANT; 1 Communications Specialist;1 Administrative Assistant; 2 Accountants; 4 Representative Payee Reviewers; 2 Paralegals – 2 VACANT.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. Post-Secondary Education Through VR Possible
“Angel” receives employment services from VR and wanted to pursue post-secondary education. VR refused post-secondary education citing Angel’s learning disability as the reason. Thanks to IDR’s legal representation, Angel’s case was appealed and settled, with VR agreeing to amend her Individualized Plan for Employment (IPE) and provide Angel with education services to complete a college degree, needed to help her meet her employment goals.

IDR Advocacy Secures Reinstatement for Worker with Disabilities After New Owner Excludes Him
“Clayton,” an individual with an intellectual disability, contacted IDR for help after the store he worked at for 25 years suddenly stopped assigning him shifts. The store was bought by new owners, who failed to recognize Clayton’s ability to perform modified job duties. IDR helped Clayton navigate the employer’s internal discrimination process and request reinstatement with reasonable accommodations. Thanks to IDR’s advocacy, Clayton was reinstated, and back on the schedule. Clayton and his guardian expressed gratitude for IDR’s guidance, which ensured his right to work with dignity and support was upheld.

IDR Empowers Worker to Challenge Disability Discrimination, Achieves Settlement
IDR offered technical assistance to “Corey” so she could return to her job with a reasonable accommodation (RA) in place. When self-advocacy was unsuccessful, IDR assisted Corey in filing a discrimination complaint under Title I of the ADA, with the EEOC, which resulted in a settlement between her and the employer.

Twenty Year Employee Fired After FMLA
“Deborah” called IDR after the company she worked at for twenty years fired her after she returned from taking leave under FMLA. IDR represented Deborah and was able to negotiate a pre-litigation settlement agreement between Deborah and her employer.

Reasonable Accommodation is Required During Orientation and On the Job
“Deja” required a reasonable accommodation to complete new employee orientation at her new job, which her employer refused to provide. Deja reached out to IDR for help. IDR represented Deja through an Equal Employment Opportunity Commission investigation and helped her file a lawsuit for discrimination under Title I of the ADA. Thanks to IDR’s advocacy, the issue was resolved through settlement.

Fired for Using a Wheelchair: IDR Helps "Daniella" Fight for Her Rights at Work
“Daniella” was fired from her job in healthcare after her first day of work. Daniella sometimes uses a wheelchair for support and disclosed this to her employer. She was suspended after her first shift and was required to see a medical provider selected by her employer before she could return to work. She was subsequently terminated because her employer felt she could not perform the essential functions of her job. Thanks to IDR’s legal representation, Daniella and her employer reached a settlement agreement.

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: Melissa Keyes

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) 2025-12-19

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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