South Dakota Disability Awareness Month

“Gov. Dennis Daugaard has proclaimed October as Disability Employment Awareness Month in South Dakota, carrying the national theme “‘Because We Are Equal to the Task.’” “The state Department of Human Services (DHS) joins a broad effort to observe National Disability Employment Awareness Month (NDEAM), an annual awareness campaign that takes place each October. The purpose of NDEAM is to educate the public about disability employment issues and celebrate the many and varied contributions of America’s workers with disabilities.”

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South Dakota Employment First Works Task Force: Recommendations

“Governor Daugaard announced his Employment Works Initiative in the spring of 2013, and a task force was created in July 2013 to help guide his efforts. Assembling a broad spectrum of interests was considered integral to the success of the South Dakota Employment Works Task Force: businesses, individuals with disabilities and their family members, legislators, nonprofit stakeholders, providers and state agency representatives. Members were recruited from across the state, and meetings began in August 2013. This report takes into account all of the observations, ideas and suggestions of the task force and crystallizes them into five prevailing recommendations: • Find and support businesses to employ people with disabilities. ; • Connect businesses to employees with disabilities. ; • Eliminate disincentives to employment for people with disabilities. ; • Develop flexible systems and promote promising practices. ; and• Educate the public, providers, employers and people with disabilities.”

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South Dakota Employment First Works Task Force: Recommendations for Employing People with Disabilities

Person Centered Employment Planning Report (2014)

The South Dakota Work Plan created as part of membership in the State Employment Leadership Network includes a goal for person centered planning. The SD Employment First Alliance subcommittee for Person Centered Practices has met several times to discuss how to best incorporate the PCT tools and skills into employment planning efforts while remaining mindful of the cultural shift that needs to take place regarding expectations for employment and how to best provide education and exposure to those participants who may determine that employment is not a priority for them. In an effort to determine how providers are incorporating Person Centered Thinking into employment planning efforts, a survey was created and sent to all Community Support Providers and SDDC on March 27, 2014.

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Person Centered Employment Planning Report (2014)

South Dakota SELN

“The state Department of Human Services (DHS) recently became a member of the State Employment Leadership Network (SELN), connecting South Dakota with developmental disability agencies across the country that are devoted to improving employment outcomes for people with developmental and intellectual disabilities. The DHS Division of Developmental Disabilities will collaborate with other states to share best practices and resources in an effort to develop, implement and support effective employment strategies.”

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Human Services Department joins national State Employment Leadership Network

Person Centered Employment Planning Guide

The purpose of the Person Centered Employment Guide is to assist Case Managers, job development staff and others to prepare for discussions with individuals, families, and support teams to choose and implement supports that will lead to a Path to Employment.

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Person Centered Employment Planning Guide

South Dakota SB 32: Veteran employment (2015)

“In all public departments and subdivisions and upon all public works of this state and of the counties and municipalities of this state, any veteran, as defined in § 33A-2-1, who is a citizen of the United States, shall receive preference for appointment, employment, and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate does not disqualify the veteran if the veteran possesses the qualifications and business capacity necessary to discharge the duties of the position involved. A veteran who has a service-connected disability shall be given a preference over a nondisabled veteran.”

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South Dakota SB 32: Bill Text

South Dakota SB 90: Veteran employment (2015)

“In all public departments and subdivisions and upon all public works of this state and of the counties, municipalities, and school districts of this state, any veteran, as defined in § 33A-2-1, who is a citizen and resident of the state, shall receive preference for appointment, employment, and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate does not disqualify the veteran if the veteran possesses the qualifications and business capacity necessary to discharge the duties of the position involved. A veteran who has a service-connected disability shall be given a preference over a nondisabled veteran.”

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South Dakota SB 90: Bill Text

South Dakota HB 1224: ABLE (2024)

“When determining the eligibility or amount of benefits to be received by a designated beneficiary of an ABLE savings program, a state or local agency may not consider a contribution to an account in a qualified ABLE savings program, earnings on the contribution, or a distribution from the account for qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, U.S.C. 529A(e)(5), as of January 1, 2016.

Section 3. That the code be amended by adding a NEW SECTION to read:

The council may enter into an agreement with one or more other states to allow residents of this state to participate in a qualified ABLE saving program under such terms and conditions as the council determines. The state investment officer and the employees of the Division of Investment shall assist the council in carrying out its duties under this Act.”

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South Dakota HB 1224: Bill Text

Letter of Findings Regarding South Dakota’s Use of Nursing Facilities to Serve Individuals with Disabilities

“We conclude that South Dakota fails to provide services to individuals with disabilities in the most integrated setting appropriate to their needs, in violation of Title II of the ADA. Instead, South Dakota's system of care requires thousands of people with disabilities to live in segregated nursing facilities to receive the services they need and for which they are eligible under Medicaid, despite their preference to remain in their own homes and communities. These individuals include those with physical disabilities, such as mobility limitations or blindness; chronic illnesses, like diabetes or heart disease; or cognitive disabilities, like brain injury due to stroke or trauma. They include younger and working-age people as well as older adults who have developed a disability as part of the aging process. Many of these individuals, and their families, have sought long-term care services from the State only to find that a nursing facility is the only available option. And many have never been informed by the State that they could be receiving care while living in their own homes.”

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Letter of Findings Regarding South Dakota's Use of Nursing Facilities to Serve Individuals with Disabilities

“Section 511 Questions and Answers” South Dakota Department of Human Services (Subminimum wage)

Section 511 of the Workforce Innovation and Opportunity Act (WIOA) added new requirements for employers who hold special wage certificates, commonly known as 14(c) certificates, under the FLSA (29 U.S.C. 214(c)). These new requirements must be satisfied before an employer hires a youth with disabilities at subminimum wage or continues to employ individuals with disabilities of any age at the subminimum wage level.

Section 511 goes into effect July 22, 2016

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“Section 511 Questions and Answers” South Dakota Department of Human Services (Subminimum wage)