RSA-227 for FY-2025: Submission #35

State name New Mexico

Report through date 09/30/2025

General Information

Designated Agency Identification

Name Disability Rights New Mexico

Address 3916 Juan Tabo Blvd. NE

Address Line 2

City Albuquerque

State New Mexico

Zip Code 87111

E-mail Address info@drnm.org

Website Address https://drnm.org

Phone 505-256-3100

TTY

Toll-free Phone 1-800-432-4682

Toll-free TTY

Fax 505-256-3184

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 Jason Gordon

Person to contact regarding report Jason Gordon

Contact Person Phone 5052563100

Contact Person E-mail Address jgordon@drnm.org

Part I. Non-case Services

A. Information and Referral Services (I&R)

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

2. Information regarding independent living programs 0

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 1

5. Other information provided 0

6. Information regarding CAP 2

7. Total I&R services provided (Lines A1 through A6) 36

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 6

2. Number of individuals who attended these training sessions. 244

3. Describe training presented by the staff. Include the following information: DRNM/CAP provided training to DVR offices and staff during FY25, including for the Rio Rancho office with 12 staff members in attendance. We also provided training at the Rehabilitation Academy, for 28 new statewide DVR staff. During both trainings our agency provided information on DRNM services, CAP, PABSS and Title I of the ADA. During the fourth quarter of FY25, DRNM again provided a training for new DVR employees. This comprehensive training covered the role and duties of the Client Assistance Program, DRNM’s other programs to aid individuals with disabilities, and Title 1 of the Americans with Disabilities Act. There were approximately 30 attendees employed with DVR in a variety of roles including Vocational Rehabilitation Techs, Information Technology staff, Transition Services specialists, and Vocational Rehabilitation Counselors. Attendees were from DVR offices across the state.
DRNM/CAP staff met with the Brain Injury Support Group in Las Cruces to provide training focused on self-advocacy. Advocacy concerning DVR and employment issues was emphasized during this training. A total of 12 persons attended.
In FY25, DRNM hosted a Disability Rights Awareness Day Drop-In Legal Clinic. during this first of what we hope will be an annual event, three attorneys and two advocates from DRNM provided assistance to 12 individuals who attended the clinic, helping with issues ranging from employment to DVR to the Mi Via Waiver.
Jemez Vocational Rehabilitation Transition Fair- CAP staff provided information about DRNM and vocational rehabilitation services at this fair in Bernalillo at Santa Ana. The fair was sponsored by the 121 Program from Jemez that provides rehabilitation and transition services to Jemez, Zuni, Santa Ana, San Felipe and Santo Domingo. Over 150 participants attended.
DRNM also manned numerous booths and informational tables in FY25 where the public and potential CAP clients could learn about the services provided by our agency and their rights: NMDVR Statewide Conference – 125 participants – Bernalillo; Workforce Statewide Conference – 150 participants – Rio Rancho; Disability Pride at the Santa Fe Plaza-300 participants; La Clínica del Pueblo de Rio Arriba County in Tierra Amarilla-85 participants.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. CAP staff continues to conduct targeted outreach to rural and underserved areas; many VR counselors are not consistently available to individuals in rural, unserved/underserved places. Some rural areas continue to see long-term vacancies since the state VR agencies have been unable to maintain staff in those offices. This is an issue that CAP discusses regularly in the quarterly meetings with DVR, and pushes them to provide prompt and quality hires to serve clients in underserved areas. CAP continues to provide training to families on transition services to students that are monolingual Spanish speaking families and VR participants.
CAP continues conduct considerable outreach to persons in rural areas and on Native American pueblos as well as the Navajo Nation. The CAP staff have a collaborative relationship with the 121 programs in New Mexico. We often participate on various groups with the 121 programs, such as the state SRCs, the SILC, and other disability related coalitions. All of the 121 provides NM CAP brochures to all of their participants. This collaboration includes DRNM’s participation in Jemez Vocational Rehabilitation Transition Fair, where CAP staff provided information about DRNM and vocational rehabilitation services at this fair in Bernalillo at Santa Ana. The fair was sponsored by the 121 Program from Jemez that provides rehabilitation and transition services to Jemez, Zuni, Santa Ana, San Felipe and Santo Domingo. Over 150 participants attended.

D. Information Disseminated To The Public By Your Agency

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

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

3. PSAs/Videos Aired about the CAP Agency 0

4. Publications/Booklets/Brochures Disseminated by the Agency 500

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 4

6. Other 0

Please explain below There is no explanation that can be provided for "6. Other" as it was zero.

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. none

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 13

2. Additional individuals who were served during the year 16

3. Total individuals served (Lines A1+A2) 29

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 7

5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.) 24

B. Problem areas

1. Individual requests information 22

2. Communication problems between individual and VR counselor 5

3. Conflict about VR services to be provided 10

4. Related to VR application/eligibility process 1

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

6. Related to IPE development/implementation 15

7. Related to independent living services 1

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 6

4. Mediation and other methods of Alternative Dispute Resolution 2

5. Administrative / Informal Review 3

6. Formal appeal / Fair Hearing 0

7. Legal remedy / Litigation 0

8. Total 13

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 4

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 1

5. Individual chose alternative representation 5

6. Individual withdrew complaint 2

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) There is no explanation that can be provided for "12. Other" as it was zero.

E. Results achieved for individuals

1. Controlling law/policy explained to individual 1

2. Application for services completed 0

3. Eligibility determination expedited 0

4. Individual participated in evaluation 4

5. IPE developed/implemented/Services Provided 4

6. Communication re-established between individual and other party 3

7. Individual assigned to new counselor/office 1

8. Alternative resources identified for individual 0

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

10. Other 0

(Please explain below) There is no explanation that can be provided for "12. Other" as it was zero.

Part III. Program Data

A. Age

1. Up to 18 2

2. 19 - 24 2

3. 25 - 40 6

4. 41 - 64 17

5. 65 and over 2

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 29

B. Gender

1. Females 16

2. Males 13

3. Nonbinary or Another Gender 0

4. Unknown 0

5. Total (Lines B1+B2+B3+B4. Total must equal Part II Line A3.) 29

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 13

2. American Indian or Alaskan Native 1

3. Asian 0

4. Black or African American 3

5. Native Hawaiian or Other Pacific Islander 0

6. White 12

7. Two or more races 0

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 0

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 0

7. Autism Spectrum Disorder 4

8. Autoimmune or Immune Deficiencies 1

10. Other visual impairments 0

11. Cancer 0

12. Cerebral Palsy 1

13. Deafness 1

14. Hard of Hearing/Hearing Impaired 0

16. Diabetes 0

17. Digestive disorders 0

18. Epilepsy 0

19. Heart and other circulatory conditions 1

20. Intellectual Disability 1

21. Mental illness 8

22. Multiple Sclerosis 0

23. Muscular Dystrophy 1

24. Muscular/Skeletal Impairment 2

25. Neurological Disorders/Impairment 4

26. Orthopedic impairments 1

27. Personality Disorders 0

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 2

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.) 29

E. Types of Individuals Served

1. Applicant of VR 14

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

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

4. Applicant or individual eligible for Independent Living 0

5. Transition student/High school student 2

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. 2

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. DRNM management continues to meet with NMDVR’s management team on a quarterly basis. At these meetings throughout FY25, DRNM/CAP continued to press for resolution of several issues such as the consistent provision of services as NMDVR hires new counselors following staff turnover (especially in rural areas around the state), improving the transition services provided to students in New Mexico, the need to improve communication between NMDVR counselors and clients, impact of new revisions to the NMDVR Manual of Operating Procedures(MOP), and a number of other issues that impact NMDVR clients. These meetings were of particular importance during FY25, as DVR hired a new Director at the end of the fiscal year. DRNM focused on continuing to be the main voice for CAP clients during this transition period for DVR, and is preparing to work with the new DVR Director to seek consistent removal of barriers to employment for individuals with disabilities. DRNM also played a key role in building DVR’s new management team during FY25; DRNM/CAP staff sat on a hiring panel for the position of Rehabilitation Services Unit deputy director at DVR’s request, giving DRNM significant input into the hiring of that key position.
During FY24, there were significant changes to the DVR Manual of Operating Procedures (MOP). At that time and as noted in the FY24 report, DRNM/CAP provided written comments and also attended public hearings conducted by NMDVR and NMCFB around the state, for public input on MOP changes. The comments had a significant impact on DVR policy and practices. Proposed changes were wide ranging, including: a $50,000 limit on self-employment plans, incorrect guidance to DVR participants on appeals of fair hearing decisions to state district court, DVR eliminating a layer of appeal from its informal review process, changing the financial contribution threshold for VR participants from 200% of the federal poverty level to 130% of the federal poverty level (a significant change that will impose an increased financial burden on individuals with disabilities), among many others. DRNM comments led to some positive changes to the MOP (including revision of the incorrect guidance to DVR clients concerning district court appeals), while some policies persisted in spite of DRNM CAP objections (DVR eliminating a layer of their informal appeal process). In FY25, DRNM wrote further comments on minor, ongoing changes to the MOP. However, a main focus for DRNM in FY25 has been to ensure that positive MOP changes are implemented correctly and consistently, while continuing to push back on MOP changes that produce barriers to employment for DRNM/CAP constituents. At numerous meetings and trainings with DVR this year, DRNM staff continued to discuss the MOP, and to advocate for changes and implementation that would benefit CAP participants.
DRNM’s CEO and Director of Communications & Outreach met with leadership from DVR and Commission for the Blind to discuss concerns about participant access to SNAP benefits. New federal laws in 2026 will require that SNAP participants demonstrate 80 hours a month of work, and Vocational Rehab Counselors may certify that this requirement is met through participation in a VR program. DRNM provided education to VR leadership about the role they may play in ensuring that SNAP benefits are not interrupted for our shared constituents, and VR leaders quickly agreed to this partnership.
CAP also continues to work on improving communications between DVR counselors and clients, and a number of other issues that impact vocational rehabilitation program participants. Our agency consistently expresses to DVR management, both in meetings and in writing, the expectation that they will uphold NMDVR’s responsibilities under the Rehabilitation Act regardless of changes in management or personnel.
DRNM staff is a member of both State Rehabilitation Councils (SRC) for New Mexico – the New Mexico Commission for the Blind SRC and the NM Division of Vocational Rehabilitation (NMDVR) SRC. The federal mandate requires CAP to be a member of the SRCs. The role of these groups is to review, analyze, and provide feedback on policies, procedures and services, on behalf of the program participants. Throughout FY25, DRNM met with management and staff from The New Mexico Commission for the Blind to discuss how best to address barriers facing clients of CAP and the Commission.

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. DRNM/CAP keeps track of requests for Fair Hearings against DVR through our meetings with DVR and contacts with community partners and CAP participants. In the past, DRNM has represented CAP clients in both administrative Fair Hearings and in state district court opposing adverse decisions by DVR. However, there were no CAP clients that were represented at fair hearing or in district court by DRNM this year. DRNM/CAP always strives to resolve disputes at the lowest possible level, and we achieved very favorable results for CAP clients through negotiations and advocacy with DVR in FY25. The New Mexico Commission for the Blind also had no Fair Hearings reported.

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 New Mexico

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 Disability Rights New Mexico is a statewide program with 9 advocates and 8 attorneys who participated in CAP program activities/advocacy during FY2025. DRNM has bilingual staff and utilizes sign language interpreters and Native translators for communities that do not speak English as their primary language. Our staff remain very active with RSA funded programs. DRNM’s Litigation Manager/CAP Director served as the Chair of the State Independent Living Council (SILC) for a number of years, and maintains close ties to the Network of Centers for Independent Living throughout the state. DRNM Director of Program Services served on both SRCs for the New Mexico Division of Vocational Rehabilitation (NMDVR) and the New Mexico Commission for the Blind (NMCFB) during FY 2025.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. 1.Two CAP advocates worked with a DVR client who had received funding to train her dog as a service animal. While the client’s Individualized Plan for Employment (IPE) was in effect, DVR enacted a new informal rule that cut off funding for training of service animals at $7,500. The advocates appealed this determination to the Rehabilitation Services Director, as this animal would cost more to train and is essential to assisting the client to meet her employment goal. Many other DVR clients could conceivably need dogs with a higher level of training. DVR decided in favor of the client and agreed to pay approximately $30,000 in training for the dog.

2. Another client is a 48-year-old male with Autism. He contacted DRNM because DVR was not willing to pay for the art classes necessary for him to meet his employment goal, and eventually to start his own business. After DRNM advocates provided sufficient documentation that the classes are necessary for his employment success, DVR developed a new IPE and committed to pay for the remaining art course he needs to pursue his employment goals.

3. DRNM worked with a 30-year-old client with extreme social anxiety to get appropriate DVR services so that he could progress toward his employment goal. Over the past two years, the client had been a victim of a revolving door of staff, as he was cycled through five DVR counselors and six Job Developers. DRNM/CAP worked with the client and the DVR Program Manager to develop and implement appropriate accommodations. Ultimately the client received funds for clothing, phone service, transportation, and other living expenses while he participated in a paid Trial Work Experience placement. He also received certification in food handling and forklift operation, thus expanding his employment opportunities.

4. Client is a 30-year-old female from Albuquerque with Dyslexia. DVR was refusing to pay for the driving instruction she needed to get a driver’s license to enable her transportation to work. With DRNM’s advocacy, DVR relented and paid for the driving instruction and additional one-on-one driving lessons. Client now has her license, which opens many new employment opportunities.

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: Gary D. Housepian

Certifying Official Title Chief Executive Officer

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

Date Certified (mm/dd/yyyy) 2025-12-22

OMB Notice

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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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