RSA-227 for FY-2025: Submission #56

State name Montana

Report through date 09/30/2025

General Information

Designated Agency Identification

Name Disability Rights Montana

Address 1022 Chestnut St

Address Line 2

City Helena

State MT

Zip Code 59601-0820

E-mail Address david@disabilityrightsmt.org

Website Address

Phone 4064492344

TTY

Toll-free Phone

Toll-free TTY

Fax

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 David Carlson

Person to contact regarding report David Carlson

Contact Person Phone 4064492344

Contact Person E-mail Address david@disabilityrightsmt.org

Part I. Non-case Services

A. Information and Referral Services (I&R)

1. Information regarding the vocational rehabilitation (VR) program 0

2. Information regarding independent living programs 0

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 0

5. Other information provided 0

6. Information regarding CAP 1

7. Total I&R services provided (Lines A1 through A6) 1

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 3

2. Number of individuals who attended these training sessions. 111

3. Describe training presented by the staff. Include the following information: Disability Rights Montana trains 25 AmeriCorps Vista volunteers on disability rights, history, and awareness; Shifting Gears, Inclusion through transportation training to 10 members of the public about the employment barrier of poor transportation, Train 75 lawyers about disability legal rights and how to enforce them.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. The CAP provided detailed information and resources regarding CAP services, worked with Montana Vocational Rehabilitation and Independent Living Centers on addressing CAP-related concerns, and worked with these partners and other government agencies to develop work first policies and practices that can be implemented by Montana in future years.

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 12

2. Articles about CAP Featured in Newspaper/Magazine/Journals 12

3. PSAs/Videos Aired about the CAP Agency 82

4. Publications/Booklets/Brochures Disseminated by the Agency 4000

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 3

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. Disability Rights Montana is working to create a society in which people with disabilities are accepted and included. To promote information about the ways in which people with disabilities are currently excluded , the rights that protect them, how to use those rights, and how we can all build an accepting society together, Disability Rights Montana built upon its past internet and social media platforms to regularly engage with legacy media to generate earned media coverage of disability issues and has continued its weekly newsletter and added a weekly podcast disseminated to over 1800 Montanans about disability rights via channels people use to access information in this day and age.

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 4

3. Total individuals served (Lines A1+A2) 17

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 1

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 1

2. Communication problems between individual and VR counselor 6

3. Conflict about VR services to be provided 7

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 2

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 16

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 16

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 8

2. Some issues resolved in individual's favor 7

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 0

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 1

2. Application for services completed 0

3. Eligibility determination expedited 0

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 7

6. Communication re-established between individual and other party 1

7. Individual assigned to new counselor/office 4

8. Alternative resources identified for individual 2

9. ADA/504/EEO/OCR complaint made 1

10. Other 0

(Please explain below) n/a

Part III. Program Data

A. Age

1. Up to 18 0

2. 19 - 24 1

3. 25 - 40 7

4. 41 - 64 9

5. 65 and over 0

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 17

B. Gender

1. Females 12

2. Males 5

3. Nonbinary or Another Gender 0

4. Unknown 0

5. Total (Lines B1+B2+B3+B4. Total must equal Part II Line A3.) 17

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 3

2. American Indian or Alaskan Native 1

3. Asian 0

4. Black or African American 0

5. Native Hawaiian or Other Pacific Islander 0

6. White 13

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 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 2

21. Mental illness 7

22. Multiple Sclerosis 0

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 0

25. Neurological Disorders/Impairment 1

26. Orthopedic impairments 2

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 1

35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.) 17

E. Types of Individuals Served

1. Applicant of VR 17

2. Individual eligible for VR services currently on a wait list 1

3. Individual eligible for VR services not currently on a wait list 0

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. 0

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. n/a

B. Litigation

a. Number of cases requiring litigation involving individual representation filed during fiscal year. 2

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. 1

2. Describe the agency's on-going and completed systemic litigation activities involving individual representation. As a result of a lawsuit brought by Disability Rights Montana and its co-counsel on behalf of two Montana students with disabilities, the State of Montana has agreed to a major change in how Montana schools provide special education to students with disabilities. Previously, all students were kicked out of school at 18. Now, all high schools in Montana must allow students with Individual Education Programs under the Individuals with Disabilities Education Act receive services until age 22 or until they graduated with a standard diploma whichever comes first.
In effect this will double the number of years of high school for students with the most significant disabilities that interfere with graduation. This could be due to periods of time in which their health prevented fully participating in school, periods of institutionalization where school was not as available, applicable, or transferable to standard credits, shortened school days due to behaviors in school, or disabilities that impact how long it takes to learn the skills needed to succeed after graduation. Along with educational specific services in school comes "related services" including access to school counseling and other services necessary to succeed in school. Access to these services and additional education years makes it much more likely students will connect with pre-ETS and other job supports prior to graduation to make a seamless and successful transition to work upon graduation or the end of their time in school.
There is an additional class action about education services that was resolved after the end of the reporting year that will be reported on next year.

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 Montana

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 The CAP work is performed by one advocate with additional supervision and administrative support from agency management.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. Client requested Disability Rights Montana services with getting amendments to his IPE. Client also voiced concerns with his current Vocational Rehabilitation Counselor. Disability Rights Montana assisted client with obtaining some amendments to his IPE and requesting and receiving a new Vocational Rehabilitation Counselor. Additionally, Disability Rights Montana provided client with technical assistance in requesting a fair hearing for services/items that were denied and provided support during client's administrative review, and assisted client with preparation for his fair hearing.

Another client requested Disability Rights Montana's assistance with changing her VR counselor and amending her self-employment IPE in order to reach her goal of becoming a successful artist. The Disability Rights Montana CAP advocate worked with client in obtaining a new VR counselor, receiving items listed within client's Individualized Plan for Employment (IPE), amending her IPE, and working with her new VR counselor on her employment goals with The Omerta Arts Syndicate.
Another client requested Disability Rights Montana's assistance with amending her IPE to be a public speaker.

Disability Rights Montana helped the client prepare for their IPE and the client successfully self-advocated for herself and is now attending college courses through an amended Individualized Plan of Employment through Vocational Rehabilitation and Blind Services (VRBS). The client is excited about obtaining a degree in communications through VRBS and all of the possible doors this will open for her.

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: David Carlson

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) 2026-01-28

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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