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RSA-227 for FY-2025: Submission #49

Wisconsin
09/30/2025
General Information
Designated Agency Identification
Disability Rights Wisconsin
1502 West Broadway
Suite 201
Madison
Wisconsin
53713
608-267-0214
Operating Agency (if different from Designated Agency)
Additional Information
Nadya Rosen
Nadya Rosen
608-308-2650
nrosen@drwi.org
Part I. Non-case Services
A. Information and Referral Services (I&R)
54
7
0
20
6
9
96
B. Training Activities
1
150
The primary DVR-focused training CAP employees participated in this fiscal year was a training for newly hired DVR staff on laws that govern DVR services. Topics covered included the Workforce Innovation and Opportunity Act (WIOA), Title I of the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and the Rehabilitation Act. CAP trainers focused on the importance of the denial letter issued to consumers as a key piece of ensuring due process as well as the elements a denial letter should contain. CAP staff also provided information about how to refer DVR-consumers to CAP and an overview of the role CAP advocates play in supporting DVR consumers to resolve disagreements regarding DVR services, exercise their rights, and understand their available options. Finally, CAP staff highlighted our commitment to resolving issues at the least adversarial level possible, such as through informal negotiation rather than proceeding to a formal appeal. The purpose of this training was to ensure DVR staff are familiar with CAP and increase likelihood that DVR consumers receive appropriate services, and their due process rights are applied consistently.



In the second half of fiscal year 2025, CAP staff worked to lay the groundwork for an important training scheduled to occur early in fiscal year 2026. During ongoing conversations with DVR leadership, CAP advocates identified the need for Administrative Law Judges to have more knowledge about providing appropriate accommodations for individuals participating in DVR hearings or mediation. DVR contracts with the Wisconsin Division of Hearings and Appeals (DHA) to oversee both administrative law hearings and neutral third-party mediation. Upon learning DHA does not have an ADA coordinator, CAP staff advised ADA compliance and the granting of reasonable accommodations as the training topic. DVR and DHA leadership both agreed to provide training on this topic. CAP staff also advised on the content and scope of the training and helped identify a qualified trainer within the ADA network. The training, scheduled in December 2025, will be available to both ALJs who handle DVR cases and ALJs who handle other types of hearings involving Medicaid, Supplemental Needs Assistance Program (SNAP), the IDEA, and other matters. We anticipate this will improve access to the appeals process for individuals with all types of disabilities throughout Wisconsin.
C. Agency Outreach
DRW’s involvement in outreach and training events statewide allows us to receive input from all populations of people with all types of disabilities across all income levels and including those from rural, urban, and mixed communities. In FY 25, DRW staff exhibited at 17 conferences or community fairs and made 14 presentations to community groups.
D. Information Disseminated To The Public By Your Agency
16
33
0
1965
17
0
N/A
E. Information Disseminated About Your Agency By External Media Coverage
DRW staff were quoted in the Wisconsin State Journal, Milwaukee Journal Sentinel, Wisconsin Examiner, Wisconsin Health News, Wisconsin Public Radio, multiple local TV networks, and other local newspapers. Topics included:

*Protecting the right to vote for people with disabilities, including polling place and voting machine accessibility, and Wisconsin’s voter ID law.

*Proposed federal funding cuts and formulation of a statewide Medicaid Coalition to protect access to Medicaid supports and services.

*Overuse of seclusion and restraint for students with disabilities in Wisconsin public schools.

*The potential impact of proposed cuts to P&A funding.

*Concerns about financial exploitation by Representative Payees.
Part II. Individual Case Services
A. Individuals served
2
19
21
1
1
B. Problem areas
1
1
13
1
0
5
0
0
C. Intervention Strategies for closed cases
14
5
2
0
0
0
21
D. Reasons for closing individuals' case files
5
8
1
2
0
1
0
0
3
1
0
0
N/A
E. Results achieved for individuals
14
0
0
0
3
1
0
1
0
2
Clients stopped responding to DRW.
Part III. Program Data
A. Age
2
4
7
7
1
21
B. Gender
8
12
0
1
21
C. Race/ethnicity of Individuals Served
1
1
1
1
0
14
1
2
D. Primary disabling condition of individuals served
1
0
0
0
0
0
7
0
0
0
0
0
1
1
0
0
0
1
1
0
2
0
0
1
2
2
0
0
0
0
1
0
1
0
21
E. Types of Individuals Served
6
0
13
0
2
1
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
1
This work impacted PWD ability to access Competitive Integrated Employment and to exercise their rights.

CAP raised concerns with DVR leadership on how training grants were being handled. Three individual training grant cases shared the following pattern: 1) failure to issue denial letters when training grants were requested but not authorized, 2) lack of transparency in the calculation of training grants, which impacted clients informed choice, and 3) SSDI recipients were found to be paying for services that were listed on their IPEs. This is in violation of federal regulations. CAP successfully advocated for individual clients and for systems level change in the application of the training grant policy.

CAP staff educated DVR senior leadership regarding errors in application of the training grant policy. DVR was found to be too restricive in the interpration of the policy, particularly in authorizations to attend out-of state universities and to fund advanced degrees. This resulted in the issuing of denials in the following areas: 1) denial of requests by ASL speakers to attend out-of-state universities where coursework and instruction was in their native language, 2) denial of training grants for advanced degrees with the rationale that an advanced degree was not required. Based on CAP advocacy, denial letters were rescinded, training grants authorized, and funds for missed semesters of funding due to the original denials were paid out to impacted individuals.

In addition, CAP educated policy makers on technical assistance circular RSA-TAC-24-04 which provides detailed guidance on the scope of funding possible for out-of-state training grant recipients. CAP reviewed this policy with DVR and made sure that the interpretation was applied in the broadest sense. Additional education was provided on that an SSDI recipient awarded an out-of-state training grant should not be required to pay anything towards an IPE goal. This resulted in a very large award, comprehensive award for two years of out of state schooling, including travel to and from school, etc.
B. Litigation
0
0
0
N/A
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights Wisconsin
No
B. Staff Employed
All DRW staff assigned to the CAP program split their time between CAP and other grants. All staff are full-time with the exception of one part-time advocacy specialist who is a .5 FTE. The Supervising Attorney who was working on CAP left DRW and was not replaced due to funding uncertainty.

P&A Managing Attorney .03 FTE
Staff Attorney .14 FTE
Staff Attorney ..05 FTE
Advocacy Specialist .26 FTE
Advocacy Specialist .35 FTE
Part VI. Case Examples
Case Examples
1. A strong self-advocate demands due process and the opportunity to earn a more competitive wage 

SH, a 24-year-old Autistic man requested a training grant to fund his MBA degree. His DVR counselor denied SH’s request without providing appropriate written notice or the opportunity to appeal the denial. SH wanted more than just an accounting job. He wanted a leadership position and the ability to earn a more competitive wage, so he requested this as his IPE goal. By the time SH reached out to the CAP, he had completed his first semester of graduate study and was struggling financially. He believed that the DVR denial was incorrect, but his self-advocacy efforts had been unsuccessful. SH requested CAP assistance.  After reviewing records, the CAP advocate determined SH’s right to due process was violated. His attempt to exercise informed choice and revise his IPE goal was not honored and although his requests were denied, DVR did not issue a denial letter.  The advocate advised SH to request a denial letter and agreed to represent him throughout the steps of due process, including providing representation at an administrative law hearing if necessary.  With CAP’s help, SH negotiated an informal resolution in which DVR agreed to approve a training grant to fund the remainder of his MBA in accounting as well as retroactive reimbursement for previous semesters.

2. Improved DVR Communication to Implement the Self Employment Toolkit

MR, a 48-year-old female SSDI recipient with both physical and mental health disabilities sought assistance from CAP in fiscal year 2023 when DVR denied her IPE self-employment goal to manage her own food truck and catering business. AB had made steady progress toward her goal after CAP assisted her to reach an informal agreement with DVR. In fiscal year 2025, MR contacted CAP again because she reached a standstill with DVR.  She and her VRC were struggling to get through the final steps of Wisconsin’s new Self-Employment Toolkit 3.0 policy.  MR did not understand the new policy and was doubting that her VRC wanted her to succeed. A CAP advocate informed MR about the changes to the self-employment policy, including the option to request a new business support consultant service. The advocate also supported MR to request this new service and reach a communication plan with her VR counselor to foster better trust, collaboration, and clear accountability. With this plan in place, MR agreed to sign releases so her VR counselor could provide more support in the final stages of the approval and funding of her business plan. With CAP assistance, MR’s collaboration with DVR was back on track and moving through the final steps necessary for her business to successfully launch.    


3. Short-Term Assistance regarding Due Process Concerns, Reasonable Accommodations, and Policy Interpretation

EF is a 53-year-old male SSDI recipient with diagnoses of ADHD and bipolar disorder. EF was in the process of appealing a denial of a service request for his self-employment IPE goal. He contacted the CAP for assistance with a prehearing phone conference scheduled in four days. EF also reported concerns with the new Self-Employment Toolkit policy and issues with the staff and practices in DVR Workforce Development Area 6.

The CAP Advocate provided client education on the due process steps and resources to support his self-advocacy, including a copy of DVR’s Self-Employment Toolkit 3.0 policy. CAP also coached EF on how to ask for reasonable accommodations during the pre-hearing conference and followed up by providing resources to assist him in making these requests.

EF called the CAP Advocate back to say the pre-hearing conference went well. DVR agreed to give EF a passing score on the Business Assessment Scale and a green light to proceed. He did not have to complete additional management classes to move to the next step. EF reports he is pleased with the outcome and felt well-prepared for the pre-hearing conference.

4. Building a strong workforce by empowering Wisconsin’s ASL learners


A. DA is a 38-year-old, who is a deaf native speaker of American Sign Language, and an SSDI recipient. DA requested the Division of Vocational Rehabilitation (DVR) to provide a training grant to help fund the remaining two years of his undergraduate degree at an out-of-state university, where instruction would be in his native language. His goal is to complete his degree in business and earn a more competitive wage. Without comprehensive funding, attendance at the out-of-state university would not be possible.

A DRW advocate advised DA that as a social security recipient, DVR cannot require him to pay for services included in his Individual Plan for Employment (IPE). DVR failed to properly follow this policy in the calculation of DA’s prior training grants. DRW further advised DA that per Rehabilitation Services Administration guidance, out-of-state support can include room and board, travel expenses and other expenses not incurred for in-state schooling. Based on this information, DA requested that DVR include travel expenses as a line item under secondary services on his IPE. The DRW advocate represented DA in the negotiations on the calculation of the training grant and exception request needed to fund the full cost of attendance plus travel expenses.

Based on advocacy efforts, DVR agreed to pay the full cost of attendance, plus comprehensive travel expenses to include four roundtrip airfares or mileage to and from school, plus meals, for academic year 2025-26. DVR confirmed that DA’s 2026-2027 academic year expenses will be funded at this comprehensive level assuming he made academic progress.

B. RS is a 32-year-old female, who is deaf, a native ASL speaker, and an SSDI recipient. RS contacted the CAP because DVR refused to fund her virtual training program to become a credentialed licensed counselor.  Upon completing a records review, the CAP confirmed that a denial letter was not issued when RS’s initial request for funding was made.  The CAP advised RS of her rights to due process regarding denial of her training grant.  The CAP then negotiated an informal resolution to the denial in which DVR agreed to pay for the program.   
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.
Nadya E. Rosen
Director of Legal and Advocacy Services
Yes
2026-01-21
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