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VR Program Administration Requirements

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Participation of individuals in cost of services based on financial need.

One of the methods State Vocational Rehabilitation Agencies (SVRAs) may use to contain program costs is the implementation of a financial needs test. The provisions related to an individual's participation in the cost of services can be found in 34 C.F.R. §361.54.

What general requirements apply?

There is no Federal requirement that the financial need of individuals with disabilities be considered in the provision of VR services (34 C.F.R. §361.54(a). However, the VR agency may choose to consider the financial need of eligible individuals or individuals who are receiving services through trial work experiences for purposes of determining the extent of their participation in the costs of some VR services (34 C.F.R. §361.54(b)(1)). If the agency chooses to implement a financial needs test for certain services, specific requirements apply.

What should the VR agency consider when developing financial need policies?

First, in accordance with 34 C.F.R. §361.54(b)(2), if the SVRA chooses to consider the financial need of eligible individuals or individuals in trial work experiences, it must maintain written policies explaining the method it will use for determining the financial need of the individual with disabilities. The policies must also specify the types of VR services for which the SVRA has established a financial needs test. Certain services must be exempt from such a test (see below), and the agency does not need to apply a financial needs test to all other non-exempt services.

The financial need policies must be applied uniformly to all individuals in similar circumstances. The policies may require different levels of need for different geographic regions in the State, but they must be applied uniformly to all individuals within each geographic region. Implementing a policy that takes into account the geographic diversity in a state may result in the SVRA being able to address the variation in the cost of living between urban and rural areas. 

The financial need policies must ensure that the level of an individual's participation in the cost of VR services is:

  1. Reasonable;
  2. Based on the individual's financial need, including consideration of any disability-related expenses paid by the individual; and
  3. Not so high as to effectively deny the individual a necessary service.

What services must be exempt from a financial needs test?

The SVRA may not apply a financial needs test, or require the financial participation of the individual, as a condition for furnishing the following VR services, listed in 34 C.F.R. §361.54(b)(3)(i):

  1. Assessment for determining eligibility and priority for services under 34C.F.R. §361.48(b)(1), except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences under 34 C.F.R. §361.42(e);
  2. Assessment for determining VR needs under 34 C.F.R. §361.48(b)(2);
  3. VR counseling and guidance under 34 C.F.R. §361.48(b)(3);
  4. Referral and other services under 34 C.F.R. §361.48(b)(4);
  5. Job-related services under 34 C.F.R. §361.48(b)(12);
  6. Personal assistance services under 34 C.F.R. §361.48(b)(14); and
  7. Any auxiliary aid or service (e.g., interpreter services under §361.48(b)(10), reader services under §361.48(b)(11)) that an individual with a disability requires under section 504 of the Rehabilitation Act or the Americans with Disabilities Act, or regulations implementing those laws, in order for the individual to participate in the VR program.

What exception applies to individuals with disabilities as determined by the Social Security Administration?

The VR agency may not use a financial needs test or require the financial participation of an individual as a condition for furnishing any VR service if the individual has been determined eligible for Social Security benefits under titles II or XVI of the Social Security Act (34 C.F.R.361.54(b)(3)(ii))).

RSA reinforced this regulatory requirement in RSA-TAC-22-03, issued on April 22, 2022. Specifically, the TAC states: When State VR agencies fail to comply with the prohibition in 34 C.F.R. § 361.54(b)(3)(ii), these agencies may be preventing SSI and SSDI recipients from receiving the full array of VR services needed to achieve their employment outcomes. Financial needs tests and policies that require participation in the cost of VR services may disincentivize these individuals from participating in the VR program, thereby hampering their ability to achieve competitive integrated employment and reduce their reliance on public benefits.”

The provisions in 34 C.F.R. §361.53 describe a State Vocational Rehabilitation Agency's (SVRAs) obligations with regard to comparable services and benefits. The purpose of these provisions allows SVRAs to take advantage of resources that are readily available to meet the service needs of eligible individuals with disabilities served by the VR agency.

In general terms, what must a VR agency do before providing services?

Prior to providing an accommodation or auxiliary aid or service or other VR services to an eligible individual or to members of the individual's family, the SVRA must determine whether comparable services and benefits, as defined in 34 C.F.R. §361.5(c)(8), exists under any other program and whether those services and benefits are available to the individual.

According to this definition, comparable services and benefits means services and benefits, including accommodations and auxiliary aids and services, that are provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits. Comparable services and benefits must be available to the individual at the time needed to ensure their progress toward achieving the employment outcome in the individualized plan for employment (IPE). To be considered "comparable," such services and benefits must be commensurate to the services that the individual would otherwise receive from the VR agency. For the purposes of this definition, comparable services and benefits do not include awards and scholarships based on merit.

What exceptions exist to the provision of comparable services and benefits?

There are two exceptions: one relates to special circumstances and the other relates to exempt services.

In accordance with 34 C.F.R. §361.53(a), the SVRA is not obligated to conduct a search for comparable services and benefits if it would interrupt or delay—

  1. The progress of the individual toward achieving the employment outcome identified in the IPE;
  2.  An immediate job placement; or
  3. The provision of VR services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

In addition, as described in 34 C.F.R. §361.53(b), the following VR services are exempt from a determination of the availability of comparable services and benefits:

  1. Assessment for determining eligibility and VR needs;
  2. Counseling and guidance, including information and support services to assist an individual in exercising informed choice;
  3. Referral and other services to secure needed services from other agencies, including other components of the statewide workforce development system, if those services are not available through the VR program;
  4. Job-related services, including job search and placement assistance, job retention services, and follow-up and follow-along services;
  5. Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; and
  6. Post-employment services consisting of the services listed above.

How does the VR agency apply the comparable services and benefits provisions?

If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure their progress toward achieving the employment outcome in the IPE, the SVRA must use those comparable services or benefits to meet, in whole or in part, the costs of the VR services. However, if comparable services or benefits exist but are not available to the individual at the time needed to ensure their progress toward achieving the employment outcome, the SVRA must provide the needed VR services until those comparable services and benefits become available (34 C.F.R. § 361.53(c).

What Interagency Coordination efforts support the comparable services and benefits provisions?

Under the authority of the Governor, The SVRA must work with other public agencies to secure interagency coordination to fulfill the comparable services and benefits provisions and must develop an interagency agreement or another mechanism outlining this coordination (34 C.F.R. §361.53(d). In order to meet the rehabilitation needs of individuals it serves, the Designated State Unit (DSU) must establish these agreements with any appropriate public entity, including but not limited to the State entity responsible for administering the State Medicaid program, a public institution of higher education, and a component of the statewide workforce development system.

The interagency agreement must include the following:

  1.  An identification of, or description of a method for defining, the financial responsibility of the DSU and other public entities for the provision of VR services and, if appropriate, accommodations or auxiliary aids and services, other than those exempt services, and a provision stating the financial responsibility of the public entity for providing those services;
  2. the conditions, terms, and procedures under which the SVRA must be reimbursed by the other public entities for providing VR services and accommodations or auxiliary aids and services;
  3. Procedures for resolving interagency disputes, including procedures under which the SVRA may initiate proceedings to secure reimbursement from other public entities or otherwise implement the provisions of the agreement; and
  4. Policies and procedures for public entities to determine and identify interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of VR services and accommodations or auxiliary aids and services, other than those exempt services.

Finally, 34 C.F.R. §361.53(e) specifies that, if a public entity (other than the DSU) is obligated under Federal law (such as the Americans with Disabilities Act, section 504 of the Rehabilitation Act, or section 188 of the Workforce Innovation and Opportunity Act) or State law, or assigned responsibility under State policy or an interagency agreement, to provide or pay for any services considered to be VR services (e.g., interpreter services), the public entity must fulfill that obligation or responsibility. If a public entity other than the SVRA fails to provide or pay for such services, the SVRA must provide or pay for those services to the individual and may claim reimbursement for the services from the other public entity.

The purpose of the Vocational Rehabilitation Program is to help individuals with disabilities prepare for, regain, or retain competitive integrated employment.  This means that eligible individuals with disabilities throughout the state may receive any service available through the VR program they may need if such services support the achievement of their employment goal, so long as the individual’s disability priority category is able to be served if the VR agency is under an Order of Selection. Additionally, the VR program must provide pre-employment transition services to all students with disabilities in the state who may need them in collaboration with the State and Local Education Agencies.

In accordance with 34 C.F.R. § 361.25, services provided under the VR services portion of the Unified or Combined State Plan must be available in all political subdivisions of the State, unless the designated state unit (DSU) requests a waiver of statewideness which RSA approves as part of the VR portion of the Unified or Combined State Plan.

Section 101(a)(4) of the Rehabilitation Act and 34 C.F.R. § 361.26 permits a VR agency to request a waiver of statewideness through its State Plan (description b) from RSA before implementing services in discrete areas of the State, so long as a local public agency is providing non-Federal funds to meet the non-Federal share of the costs of those services.

What is a Waiver of Statewideness?

Notwithstanding the general principle of statewideness, under some circumstances, a Designated State Unit (DSU) may wish to increase services or expand the scope of services that are available statewide under the VR portion of the Unified or Combined State Plan. For instance, a DSU may wish to increase certain services in a local area (e.g., supported employment services) that would lead to substantially increased numbers of individuals achieving competitive integrated employment. A DSU may also wish to address the rehabilitation needs of individuals with specific impairments so that they can more effectively develop services that address their employment goals. In either situation, the local public agency must provide the non-Federal share for the federal funds used in the project, often through a third-party cooperative arrangement or interagency cash transfer. VR may count the interagency transfer of funds from the public agency to VR as meeting the non-Federal share of the costs of those services for purposes of the VR program, as would be required by 34 C.F.R. § 361.26(a)(1). The non-Federal funds provided by the local public agency may come directly from the agency or may be contributed to the local agency from a private agency, organization, or individual. These requirements for a waiver of statewideness can be found in 34 C.F.R. § 361.26(a).

How to Request a Waiver of Statewideness

In order to be approved by RSA, the DSU must submit a waiver that contains the information and assurances in 34 C.F.R. § 361.26(b). The waiver must:

  • Describe the services to be provided under the agreements with local providers. This should include a description of the number of individuals that will be served and the level of funding provided in each agreement. The DSU can often justify the needs for services in specific local areas based on the DSU's comprehensive statewide needs assessment (CSNA).
  • Contain a written assurance from the local public agency that it will provide the non-Federal share of funds. However, it is important to note that these agreements with local agencies do not relieve the DSU of its administrative responsibilities for the VR program. Therefore, the DSU must approve any new services resulting from these agreements before they are provided.
  • Contain a written assurance that the DSU approval will be obtained for each service before it is provided.
  • Contain a written assurance that all the administrative requirements of the State Plan are adhered to, including an Agency’s order of selection requirements, as individuals with disabilities served in those areas of the State under the waiver of statewideness must be in an open category of the order.

VR Agencies: Use of Innovation and Expansion Funds

The following information will describe how some VR agencies have used innovation and expansion (I&E) funds to support innovative activities and models of service delivery. In addition, this document will summarize the Federal requirements regarding the use of Title I funds to support I&E activities and will provide an explanation of the State Plan descriptions that may need to be modified and resubmitted for RSA approval before agencies can implement their innovative activities.

Description of Requirement:

The requirement for VR agencies to spend a portion of their Title I funds on I&E activities can be found in 34 C.F.R. § 361.35. Specifically, there are three types of activities that can be funded:

  1. Development and implementation of innovative approaches to expand and improve the provision of VR services to individuals with disabilities, particularly individuals with the most significant disabilities, including transition services for students and youth with disabilities and pre-employment transition services for students with disabilities, consistent with the findings of the comprehensive statewide needs assessment (CSNA) of the rehabilitation needs of individuals with disabilities under 34 C.F.R. § 361.29(a) and the State's goals and priorities under 34 C.F.R. §361.29(c);
  2. Funding the State Rehabilitation Council, consistent with the resource plan identified in 34 C.F.R. § 361.17(i); and
  3. Funding the Statewide Independent Living Council (SILC), consistent with the SILC resource plan prepared under title VII, chapter 1 of the Rehabilitation Act. The State and the SILC may determine in the SILC resource plan whether to use funds reserved under this section to fund the Council and, if so, the amount of funds to be used.

Most agencies use I&E funds to support the SRC, and many also use these funds to support the SILC. However, far fewer use I&E funds to promote innovative practices which may lead to increasing the numbers of individuals achieving quality employment outcomes and will also help the agencies productively spend funds that may otherwise go unused.

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Ideas for Using I&E Funds:

Following are ways some VR agencies are using their I&E funds. These are simply illustrative examples.

  • One agency developed work-based learning opportunities for Students with Disabilities to include partnerships with new industries in the State in order to offer simulated work experiences for students that will lead to direct employment in skilled jobs with the partnering industry.
  • One agency designed and implemented Virtual/E-Learning modules to support and standardize the delivery of pre-employment transition services to students with disabilities targeting workplace readiness training and instruction in self-advocacy. Implementation of these E-Learning training modules for employment specialists will improve the consistency of students’ skill levels and improve their outcomes.
  • Another agency expanded joint programs with mental health providers to train and certify peers who can provide Vocational Peer Support for individuals with severe mental illness and co-occurring substance use disorders.
  • One agency developed an Integrated Resource Team approach, where the VR agency comes together with partner agencies and supports to craft and jointly own a Job Seeker’s employment goal, to coordinate wrap-around services, and to commit to ongoing collaboration and communication.
  • Several agencies expanded formalized apprenticeships for VR consumers who can benefit from such training opportunities, paid internships, and on-the-job training opportunities, working in collaboration with the American Job Centers in the state and specific employers that commit to hiring individuals with disabilities.
  • One agency developed multiple pilot programs designed to provide peer mentoring for students with disabilities involved in the justice and foster care systems and homeless or housing-insecure youth. The pilots include a focus on increasing family engagement. The agency is working with local juvenile justice centers or the family court system, and the Department of Social Services Children’s Division to provide services for these underserved populations. This agency also partners with CILs, several universities, the Office of Workforce Development, and an employer mentor.
  • One agency partnered with Accenture to address the benefits cliff by designing a pilot and requesting SSA to amend administrative and benefit elements of SSI and SSDI programs for individuals who participate in the pilot. The pilot creates runways to livable wage jobs that will support beneficiaries in jumping, navigating, or avoiding the benefits cliff.
  • Another agency developed a statewide benefits counseling program which was developed to alleviate the fears associated with the loss of health benefits when obtaining employment. Through a collaborative effort with the Social Security Administration, Virginia Commonwealth University, and Maximus, this agency implemented a fee-for-service model to address consumer needs. Services are currently provided by eight vendors whose staff have been deemed certified benefits counselors. This is provided in a range of service delivery that includes basic benefits counseling and more comprehensive services that can be delivered over a period of time throughout the consumer’s case.
  • Several agencies have used I&E funds to develop pilots with specific employers in the State. One agency partners with Sephora, a global leader in prestige retail, and community partner Capability Health and Human Services to deliver an on-the-job training program that leads to full-time placement upon successful completion. The long-term goal is that 30 percent of the company’s workforce will be individuals with disabilities.
  • This agency also partners with The Starbucks® Corporation. In addition to ongoing programs at the roasting plant, the DSU has developed a pre-training program for baristas working in Starbucks retail stores.
  • Several agencies developed new and innovative initiatives that open the door for new employment opportunities for individuals with disabilities, especially those with significant disabilities, through continued investment in and enhancement of VR’s Business Engagement Team to lead innovative business outreach efforts for the VR program.
  • One agency developed a VR Self-Employment guide (www.vrselfemployment.org) that is of great value for self-employment business plans. This website is used as a tool to prepare the VR Counselor and participants for the development of a self-employment business plan. The website is available as a training platform for counselors and a tool and process that counselors and participants can use together during the self-employment exploration and development process.
  • One agency focused on consistent access to interpreter services for consumers who are deaf in rural areas and enhanced accessibility of VR productions and consumer and staff training materials through a staff interpreter to provide remote video interpreting and on-site services to mutual consumers of the VR agency and DHHS.
  • Another agency developed a contract with the Asperger/Autism Network's (AANE) Life Management Assistance Program (LifeMAP). This program provides practical assistance to individuals on the Autism Spectrum and other related conditions. LifeMAP provides intensive, highly individualized coaching by professionals with expertise in both Autism Spectrum Disorder and specific content areas. Coaches focus on identifying and overcoming the specific barriers each client faces so that the clients can increase their levels of independence toward reaching their full potential.
  • Several agencies developed in-service training for VR staff and the staff of partner agencies to improve services for special populations, e.g., persons with Autism Spectrum Disorders, persons with traumatic brain injury, persons with disabilities who have a criminal background, persons with mental illness, youth aging out of foster care, and individuals with disabilities who are recipients of TANF and SNAP.
  • Two VR agencies in one state collaborated with the Division of Developmental Disabilities to develop a customized employment pilot program. It is a cross-agency delivery model that focuses on an individual’s unique strengths, needs, and interests. The pilot promotes the specific abilities of the individual and meets employer needs through flexible strategies. The VR agency is paying for staff training and technical assistance.
  • One agency expanded assistive technology and low-vision rehabilitation services for blind consumers in collaboration with all blindness rehabilitation services partners throughout the state. This agency Promoted access and training in assistive technology through:
    • collaboration with training and equipment loan programs;
    • equipment demonstrations offered at conferences and seminars; and
    • online videos and product dissemination.
  • To enhance engagement with customers, one agency is piloting a texting solution called SARA, an artificial intelligence program that enables ongoing communication between counselors and customers while it documents that communication in the customer’s case file. It is intended to allow VR counselors to more readily and efficiently engage with customers and to help facilitate the provision of information, such as appointment reminders, training activities, and job opportunities, without requiring additional time to document their efforts.

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State Plan Descriptions that May Require Amendment:

Description J - Statewide Assessment

Sections 101(a)(15), 101(a)(17), and 101(a)(23) of the Rehabilitation Act and 34 C.F.R. § 361.29(a) require VR agencies to provide an assessment of the rehabilitation needs of individuals with disabilities residing within the State, known as the comprehensive statewide needs assessment (CSNA).

Description J of the VR portion of the WIOA State Plan must describe the results of this assessment, including:

  • The needs of individuals with the most significant disabilities, including their need for supported employment services;
  • The needs of individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the VR program;
  • The needs of individuals with disabilities served through other components of the statewide workforce development system;
  • The needs of individuals with disabilities for transition career services and pre-employment transition services; and
  • The need to establish, develop, or improve community rehabilitation programs within the State.

The use of Title I funds to support I&E activities should reflect the needs identified through the statewide assessment process. The justification for I&E activities supported by the assessment may need to be modified, as appropriate, and Description J may need to be resubmitted to RSA for approval if the VR agency wishes to fund new I&E activities. VR agencies should update Description J, as appropriate, if the CSNA were conducted since the submission or modification of the prior State Plan.

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Description B - Waiver of Statewideness

Pursuant to Section 101(a)(4) of the Rehabilitation Act and 34 C.F.R. § 361.25 of its implementing regulations, the State Plan must ensure that services provided by a VR agency will be available in all political subdivisions of the State (see Assurance 3(g) of the VR portion of the WIOA State Plan).

If a VR agency is unable to meet this criterion for any service, RSA must approve a waiver of statewideness meeting the requirements of 34 C.F.R. § 361.26 prior to the initiation of the project or service.

This description must also be updated at any time, as needed, to include any new projects for which the VR agency is required to request a waiver of statewideness. Certainly, I&E projects supported by Title I funds that are not statewide would be among the projects the VR agency must describe in its request for a waiver of statewideness.

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Description L - Goals and Priorities

Sections 101(a)(15) and 101(a)(23) of the Rehabilitation Act and 34 C.F.R. § 361.29(c) require VR agencies to describe the goals and priorities of the State in carrying out the VR and Supported Employment programs.

States must include these updates with each submission (every four years) and modification (every two years) of the VR portion of the WIOA State Plan.

Depending on the use of Title I funds for I&E activities, this description may also need to be modified at any time before such activities can be undertaken.

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Description O - States Strategies

Sections 101(a)(15)(D), 101(a)(18), and 101(a)(23) and 34 C.F.R. § 361.29(d) require VR agencies to describe the strategies/methods used to:

  • Achieve goals and priorities;
  • Support I&E activities; and
  • Overcome barriers to accessing VR and supported employment services.

Strategies involving the support of I&E activities must be updated with each submission (every four years) and modification (every two years) of the VR portion of the WIOA State Plan.

VR agencies should also update this description, as appropriate, if the three-year CSNA was conducted since the submission of the two-year modification of the State Plan or when there are material changes in the strategies used by VR agencies to achieve the goals and priorities identified in Description l. For instance, if I&E activities are being proposed as a new strategy, then this description would need to be submitted.

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Description P - Evaluation and Reports of Progress: VR and Supported Employment Goals

Sections 101(a)(15) and 101(a)(23) of the Rehabilitation Act and 34 C.F.R. § 361.29 (e) require VR agencies to describe:

  • Progress on achieving the goals and priorities identified in Description l, Goals and Priorities, and Description N, Goals and Plans for Distribution of Title VI Funds;
  • Performance on the performance accountability indicators under Section 116 of WIOA; and
  • The use of funds reserved for I&E activities.

Evaluation of progress toward the agency’s goals and priorities, including goals involving the support of I&E activities, must be updated with each submission (every four years) and modification (every two years) of the VR portion of the WIOA State Plan.

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Conclusion

The bottom line is that a VR agency wishing to fund new I&E projects should work closely with RSA to be certain that all necessary State Plan descriptions are resubmitted to reflect these new activities and that all fiscal requirements in both the program regulations and in 2 C.F.R. Part 200 are being addressed appropriately.

What is the Comprehensive Statewide Needs Assessment (CSNA)?

VR agencies must conduct a CSNA every three years. The VR agency and the State Rehabilitation Council (SRC) jointly develop the assessment if the agency has a council. The requirements for this assessment can be found in 34 C.F.R. § 361.29(a). The requirement to conduct this assessment has been in the statute and regulations for years, but its importance is often underestimated and poorly understood. Gaining a clear understanding of the needs of various populations of individuals with disabilities in the state will guide the VR agency in developing programs and services to better meet the needs of these populations and will ultimately contribute to greater numbers of individuals entering and retaining quality employment outcomes.

Requirements for State Plan Description (b)

VR agencies must report on the results of the CSNA in Description (b) of the VR portion of the WIOA state plan; Description (b) must be based on a program year. (Note that all references to state plan descriptions have been updated for the PY 2024 state plans). The assessment must describe the rehabilitation needs of individuals with disabilities residing within the State, particularly the VR services needs of the following groups:

  • Individuals with the most significant disabilities, including their need for supported employment services;
  • Individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the VR program;
  • Individuals with disabilities served through other components of the statewide workforce development system as identified by those individuals and personnel assisting those individuals through the components of the system; and
  • Youth with disabilities and students with disabilities, including their need for pre-employment transition services or other transition services, and an assessment of the extent to which such services provided by VR agencies are coordinated with transition services provided under the Individuals with Disabilities Education Act.

In addition, the CSNA must include an assessment of the need to establish, develop, or improve community rehabilitation programs within the State.

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In 2009, through a contract with RSA, InfoUse produced an excellent guide to conducting the CSNA, along with appendices and training materials. These materials can be found at RSA's website. While the Guide and Appendices have not been updated to include the new requirements for the assessment in the WIOA amendments of 2014, the recommended process for conducting the assessment is still appropriate. The new requirements are those about assessing the need for youth and students with disabilities for transition services and pre-employment transition services.

A summary of the results of the CSNA, which is required to be conducted every three years at a minimum, must be submitted in Description (b) of the state plan, and if updates are made to the assessment, the information must be incorporated into this description and submitted to RSA for approval with the submission or modification of the VR State Plan. In other words, VR agencies should update this Description, as appropriate, if the CSNA was conducted since the submission or modification of the prior State Plan. If the assessment was not updated since the submission or modification of the previous state plan, then Description (b) need not be submitted as part of the next state plan submission.

Implications for Other State Plan Descriptions

Although VR agencies are not required to include the full report of the CSNA in Description (b), agencies should thoroughly and clearly summarize the assessment results since this information serves as a foundation for the development of other state plan Descriptions. Specifically, Description (c) enumerates the VR agency’s goals, priorities, and strategies in carrying out the VR and supported employment programs required by 34 C.F.R. § 361.
34 CFR 361.29(c) and (d). The VR agency jointly develops these goals and priorities with the SRC. In addition to reviewing the results of the CSNA, the VR agency bases its goals and priorities on its performance on the standards and indicators established under Section 106 of the Rehabilitation Act and Section 116 of WIOA, the results of monitoring activities, and reports received from the SRC. Description (c) must be amended when there are updates to the CSNA.    

Description (d) of the state plan also draws from the CSNA. This description includes an evaluation and reports of the progress toward achieving the VR agency’s goals and priorities. Specifically, VR Agencies should indicate whether goals are continuing into the next program year, are being revised, or are being retired based on information gathered through the CSNA.

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An Important Note

Finally, note that newly established, developed, or improved community rehabilitation programs must be consistent with the results of the CSNA and with the requirements for the development and implementation of innovation and expansion activities. Furthermore, if a VR agency wishes to fund new projects requiring RSA prior approval (e.g., new innovation and expansion activities or third-party cooperative arrangements), the justification for funding these activities must be clear from a review of the summary of the CSNA.

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Program Year 2024 State Plans

As of Fall of 2023, all states and territories are operating under four-year state plans for program years (PYs) 2020-2023 (July 1, 2020-June 30, 2024). The Information Collection governing the state plans that will be in effect for PYs 2024-2027 (July 1, 2024-June 30, 2028) was published on March 31, 2023, and was jointly developed by the U.S. Departments of Labor and Education. A link to the information collection can be found under the Resources section of this webpage.

This information collection provides requirements for the four-year unified and combined state plans and two-year plan modifications under the Workforce Innovation and Opportunity Act (WIOA). On October 31, 2023, the Rehabilitation Services Administration (RSA) published Requirements for Workforce Innovation and Opportunity Act (WIOA) State Plans for Program Years (PY) 2024-2027 (RSA-TAC-24-02). This policy guidance, jointly developed by the Departments of Education and Labor, describes the Administration’s priorities, State Plan requirements, submission process, and deadline for WIOA Unified and Combined State Plans for PYs 2024 through 2027.

Through the WIOA State Plan Portal, states must submit the PYs 2024-2027 State Plan to the U.S. Departments of Labor and Education by March 4, 2024. Once submitted, the Departments will review and provide a decision within 90 days for the WIOA core programs.

In accordance with WIOA Sections 102 and 103, the governor of each state or territory must submit a unified or combined state plan to the Departments of Labor and Education that outlines a four-year strategy for the state’s workforce development system. A unified plan includes the WIOA six core programs (the Adult Program, the Dislocated Worker Program, and the Youth Program, all under Title I of WIOA; the Adult Education and Family Literacy Act Program under Title II; the Wagner-Peyser Act Employment Service program under Title III; and the Vocational Rehabilitation Services Program under Title IV). Alternatively, a combined plan includes these six programs in addition to at least one partner program; a list of these additional partner programs can be found on page 3 of the information collection.

Regulatory requirements for state plans are specified in 34 C.F.R. § 361.10. All requirements regarding the submission, approval, disapproval, and duration of the VR services portion of the unified or combined state plan are governed by regulations that were jointly developed by the Departments of Education and Labor set forth in subpart D of 34 C.F.R. Part 361. To be eligible to receive vocational rehabilitation (VR) and supported employment funds for a fiscal year, a state must submit and have approved a VR services portion of a unified or combined state plan in accordance with section 102 or 103 of WIOA. The VR services portion of the unified or combined state plan must satisfy all requirements set forth in 34 C.F.R. Part 361. The VR services portion of the unified or combined state plan developed by a state agency designated to provide VR services to individuals who are blind must separately conform with all applicable requirements. The specific requirements for the VR portion of the state plan can be found beginning on page 33 of the information collection.

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Public Input

Prior to the adoption of any substantive policies or procedures specific to the provision of VR services under the VR services portion of the unified or combined state plan, including making any substantive amendment to those policies and procedures, the designated state agency must conduct public meetings throughout the state, in accordance with the requirements of 34 C.F.R. § 361.20. The public must be provided appropriate and sufficient notice for such meetings, as provided in state law or, absent such state law, by procedures developed by the designated state agency in consultation with the State Rehabilitation Council (SRC). In addition, the input of the SRC must be summarized in Description (a) of the VR portion of the unified or combined state plan. (34 C.F.R. § 361.10(c))

Requirements for VR Services Portion of State Plan

The VR services portion of the state plan was redesigned with help from a workgroup that included VR agencies from across the country. The VR services portion is now more streamlined, avoids duplication, and includes descriptions and assurances that are better aligned and organized in the plan.
Specific VR program statutorily required descriptions that must be updated and reported in the four-year submission and two-year modifications of the unified or combined state plan include:

  • Description (a) - State Rehabilitation Council;
  • Description (c) - Goals, Priorities, and Strategies;
  • Description (d) - Evaluation and Reports of Progress: VR and Supported Employment Goals;
  • Description (e) - Supported Employment Services, Distribution of Title VI Funds, and Arrangements and Cooperative Agreements for the Provision of Supported Employment Services;
  • Description (f) - Annual Estimates;
  • Description (g) - Order of Selection, as applicable; and
  • Description (i) - Comprehensive System of Personnel Development.

If a VR agency needs to make updates within the VR services portion of the state plan that are required to be approved prior to being implemented, VR agencies may also need to amend the VR services portion of the state plan (only) on an off year from the four-year or two-year cycle.
In addition, the VR agency is responsible for determining which previously submitted State Plan descriptions reflect the current administration of the VR program. If the VR agency determines that an approved state plan description no longer meets the current administration requirement, then the state plan must be updated or amended accordingly. Descriptions reflecting the current administration of the VR program, which need not be submitted if unchanged, include:

  • Description (b) - Comprehensive Statewide Needs Assessment (CSNA);
  • Description (h) - Waiver of Statewideness;
  • Description (j) - Coordination with Education Officials;
  • Description (k) - Coordination with Employers; and
  • Description (l) - Interagency Cooperation with Other Agencies.

The VR portion of the state plan also contains seven assurances and nine certifications that must be reviewed with each four-year submission and two-year modification to determine whether the information accurately reflects the current status of the agency.

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New GEPA Requirement

A new requirement in the state plan submission process is the completion of the General Education Provisions Act (GEPA) forms for each VR and supported employment grant. GEPA requires that each grant provide equitable access to program participants. Barriers based on economic disadvantage, gender, race, ethnicity, color, national origin, disability, age, language, migrant status, rural status, homeless status or housing insecurity, pregnancy, parenting, or caregiving status, and sexual orientation must be identified along with how the barriers are being addressed. Instructions for these forms are in the information collection.

Resources

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When developing policies at the State level, it is important to begin with a clear understanding of the statutory and regulatory requirements applicable to the issue at hand. The RSA website is a tremendous resource for applicable statutes and regulations.

The Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014. This legislation and its implementing federal regulations are designed to strengthen and improve our nation's public workforce system and help Americans with significant barriers to employment, including individuals with disabilities, find high-quality jobs and careers and help employers hire and retain skilled workers.

The Rehabilitation Act of 1973 (Rehabilitation Act), as amended can be found in Title IV of WIOA. This law authorizes the State Vocational Rehabilitation (VR) Services Program, the State Supported Employment Services Program, the Independent Living Services for Older Individuals Who Are Blind Program, as well as the Client Assistance program, the Protection and Advocacy of Individual Rights Program, and a number of discretionary grant programs administered by RSA. The Rehabilitation Act serves as the basis for any VR policy you develop. You also should become familiar with WIOA as there are a number of provisions that apply to all of the workforce partners, including the VR program.

Regulations pertaining to the VR program were published most recently on August 19, 2016. On that date, the Departments of Labor and Education published five final rules in the Federal Register. Two of these packages are particularly relevant:

The Final Rule for the State VR Services Program, State Supported Employment Services Program, and Limitations on Use of Subminimum Wage contains not only the final regulations in 34 C.F.R. Parts 361, 363, and 397, but also an analysis of comments received on the proposed rules and an explanation of changes made.

The Final Rule for the Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions under WIOA is also important in understanding the rules that govern the VR program as well as other workforce partners.

The RSA website also has links to the Code of Federal Regulations for all of the programs it administers. For instance, most relevant here are the following program regulations:

The following regulations are also critical to managing the financial aspects of the grant awards:

  • 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and
  • EDGAR - Education Department General Administrative Regulations and Other Applicable Grant Regulations.

Over the years, RSA has developed a number of sub-regulatory policies and technical assistance as well as other guidance documents. These subregulatory policies and guidance take a number of different forms:

  • Policy Directives (PD) are formal statements of required action(s) or condition(s) that must be carried out or met by VR agencies or other RSA grantees to comply with statute or regulations. A PD is legally enforceable because it is based on a statutory or regulatory provision.
  • Technical Assistance Circulars (TACs) are formal statements of guidelines and/or suggested methods to satisfy statutory, regulatory or policy requirements. A TAC addresses those areas of program requirements for which VR agencies or other RSA grantees have flexibility in determining precisely how such requirements are to be met.
  • Information Memoranda (IM) transmit information to grantees who administer RSA formula or discretionary grant programs.
  • Frequently Asked Questions (FAQs) and Dear Colleague Letters (DCLs): In recent years, FAQs and DCLs have been used to disseminate policy and to provide information and technical assistance to grantees.

All issuances of a particular type are numbered, using the last two digits of the year, followed by a number designating at what point in the fiscal year the issuance was released. For example, the first Policy Directive issued in a particular fiscal year (e.g., 2022) is designated as "PD-22-01,"  with subsequent PDs released in 2022 numbered sequentially.

As subregulatory policy and guidance become outdated as a result of changes in law or regulations or Departmental initiatives. Once outdated they are rescinded. RSA announces issuances that have been rescinded on its website.

It is important to review the RSA website frequently to keep abreast of the latest subregulatory policy and guidance that have been issued. Only after researching the law, the regulations, and any current issuances can you begin to develop policies and procedures at the State level. As always, RSA staff remain available to assist you in the development of your policies and procedures.

 

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34 CFR § 361.36 Ability to serve all eligible individuals; order of selection for services

The Rehabilitation Act of 1973 (Rehabilitation Act), as amended by Title I of the Workforce Innovation and Opportunity Act (WIOA), requires the designated state unit (DSU) operating the Vocational Rehabilitation program to serve individuals with the most significant disabilities first when there are not enough resources to serve everyone who is eligible for VR services. Individuals with the most significant disabilities are given a priority over those with less significant disabilities, a process called an "order of selection."

In this event, an order of selection process must be developed and included in the VR services portion of the Unified or Combined State Plan which must describe the order to be followed in selecting eligible individuals to be provided VR services. (34 C.F.R. § 361.36(a)(1))

See the following link for all the requirements 34 CFR § 361.36 Ability to serve all eligible individuals; order of selection for services.
There are very specific requirements for both VR agencies implementing an order of selection and for those agencies maintaining that they can serve all eligible individuals. These requirements involve analyzing the DSU's resources to determine the number of individuals who are expected to apply for and be determined eligible for services, the number who can reasonably be served given the agency's resources, and the number who can be assisted to achieve employment outcomes. The DSU must re-evaluate its ability to serve all eligible individuals prior to the beginning of each fiscal year and must also re-evaluate its ability to do so should circumstances occur that decrease its personnel and fiscal resources or increase the costs of services. If circumstances change such that the DSU is unable to serve all eligible individuals, even in the middle of a fiscal year, then it must implement an order of selection.

An order of selection is based solely on the significance of disability, and any order of selection must be based on a refinement of the three criteria in the definition of an individual with a significant disability in 34 C.F.R. § 361.5(c)(30)

Individual with a significant disability means an individual with a disability—

(i)  Who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;
(ii)  Whose vocational rehabilitation can be expected to require multiple VR services over an extended period of time; and
(iii)  Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, intellectual disability, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and VR needs to cause comparable substantial functional limitation.

There are at least three categories in an order of selection: individuals with most significant disabilities, individuals with significant disabilities (which is a defined term in the Rehabilitation Act and regulations, and all other eligible individuals. Some agencies further divide either the first or second categories. The order can differentiate categories, usually by designating the number of functional limitations (e.g., three or more, two or more) or refining what is meant by "multiple services over an extended period of time."

Considerations such as type of disability, source of referral, the need for specific services, or the anticipated cost of services cannot be factored into the order of selection the DSU establishes.
 

Resources

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State Rehabilitation Council

Applicable citations: 34 CFR § 361.16 and 34 CFR § 361.17

What is the State Rehabilitation Council?

The State Rehabilitation Council (SRC) collaborates with the VR agency in administering the VR program. In partnership with the VR agency, the SRC carries out the following important functions:

  1. Develop, agree to, and review State goals and priorities in accordance with §361.29(c);
  2. Evaluate the effectiveness of the VR program;
  3. Assist in the preparation of the vocational rehabilitation services portion of the Unified or Combined State Plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by §361.17;
  4. To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:
    1. The functions performed by the designated State agency;
    2. The vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under the Act; and
    3. The employment outcomes achieved by eligible individuals receiving services, including the availability of health and other employment benefits in connection with those employment outcomes;
  5. Prepare and submit an annual report to the Governor and RSA on the status of vocational rehabilitation programs operated within the State;
  6. To avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within the State; and
  7. Provide for coordination and the establishment of working relationships between the designated State agency and the Statewide Independent Living Council and centers for independent living within the State;

The SRC composition and responsibilities requirements are specified in Section 105 of the Rehabilitation Act and 34 C.F.R. §§ 361.16 and 361.17. It is critical to understand the role of and develop a strong partnership with the SRC and its Chairperson. This partnership requires sharing responsibility in carrying out certain tasks while advocating on behalf of people with disabilities to achieve competitive integrated employment.

Who comprises the State Rehabilitation Council?

The SRC is composed of stakeholders -- individuals with disabilities, advocates, business and industry reps, VR professionals, service providers, and more -- who represent different perspectives and who are typically appointed by the Governor. In states with both Blind and General VR programs, there are separate councils for each entity.

The VR Director serves as a non-voting member. Each member of the SRC must be appointed for a term of no more than three years, and may serve for no more than two consecutive full terms. A member appointed to fill a vacancy is appointed for the remainder of the predecessor’s term; thus, that is considered their first term, regardless of whether or not the remainder of that term is a full three years. The Client Assistance Program and the 121 Native American VR Project Director positions have no term limit.

The SRC must have at least 15 members, including the following:

  • At least one representative of the Statewide Independent Living Council (SILC) who must be either the chairperson or another designee of the SILC;
  • At least one representative of a parent training and information center established pursuant to section 682(a) of the Individuals with Disabilities Education Act;
  • At least one representative of the Client Assistance Program (CAP) who must be either the CAP director or another individual recommended by the CAP;
  • At least one qualified VR counselor with knowledge of and experience with the VR program, who serves as a nonvoting, ex officio member if he or she is employed by the DSA;
  • At least one representative of community rehabilitation program service providers;
  • Four representatives of business, industry, and labor;
  • Representatives of disability advocacy groups: (a) representing a cross-section of individuals with physical, cognitive, sensory, and mental disabilities; and (b) representing individuals with disabilities who have difficulty representing themselves or are unable to represent themselves due to their disabilities;
  • Former or current applicants for, or recipient of, VR services;
  • At least one representative of the directors of AIVRS projects, if such projects are funded under section 121 of the Rehabilitation Act in the State;
  • At least one representative of the State educational agency responsible for the public education of students with disabilities; and
  • At least one representative from the State Workforce Development Board.

The majority of SRC members must be individuals with disabilities not employed by the designated State unit (DSU).

The SRC is required to convene at least four meetings a year which are publicly announced and open and accessible to the general public.

In 2011, the 36th Institute on Rehabilitation Issues (IRI) published “The State Rehabilitation Council-Vocational Rehabilitation Partnership (IRI-SRC VR Partnership.) This publication offers an in-depth view of all things SRC. In light of passage of the Workforce Innovation and Opportunity Act, this was updated in 2019 and this updated version is linked below in “other resources”.

Important changes to the law to note

One important note: In 1998, several changes were made to the law regarding SRCs. States that already had a consumer-controlled independent commission were grandfathered in and allowed to retain those structures rather than establish an SRC as required by the legislation. The following agencies were grandfathered under that clause:

  1. Idaho Commissioner for the Blind and Visually Impaired
  2. Iowa Department for the Blind
  3. Michigan Commission for the Blind and Visually Impaired
  4. Nebraska Commission for the Blind and Visually Impaired
  5. New Mexico Commission for the Blind
  6. Ohio Rehabilitation Services Commission
  7. Oregon Commission for the Blind
  8. South Carolina Commission for the Blind
  9. South Carolina Vocational Rehabilitation Department

Other Resources

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Vocational Rehabilitation Program Organizational Structure: Designated State Agency and Designated State Unit

VR Program Organizational Requirements

The requirements for the organizational structure of the designated state agency (DSA) and designated state unit (DSU) for the Vocational Rehabilitation (VR) program can be found in Section 101(a)(2)(A)and (B) of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Workforce Innovation and Opportunity Act (WIOA), and implementing regulations in 34 C.F.R. 361.13(a). These provisions stipulate that the VR State Plan shall designate a state agency as the sole state agency to administer the plan, and that the state agency designated to administer the VR State Plan must be either: 1) a state agency primarily concerned with VR, or VR and other rehabilitation, of individuals with disabilities; or 2) a state agency that includes a VR bureau, division or other organizational unit (Section 101(a)(2)(B) of the Rehabilitation Act and 34 C.F.R. 361.13(a)(1)).

If the state agency contains a VR bureau, division or other organizational unit, Section 101(a)(2)(B)(ii) of the Rehabilitation Act and 34 C.F.R. 361.13(b) require that the VR bureau, division or VR organizational unit (i.e., designated state unit) must:

  • be primarily concerned with VR, or VR and other rehabilitation, of individuals with disabilities, and be responsible for the VR program of the DSA (34 C.F.R. 361.13(b)(1)(i));
  • be administered by a full-time director (34 C.F.R. 361.13(b)(1)(ii));
  • employ staff on the rehabilitation work of the organizational unit all or substantially all of whom devote their full time to such work (34 C.F.R. 361.13(b)(1)(iii)); and
  • be located at an organizational level and have an organizational status within the DSA comparable to that of other major organizational units of the DSA (34 C.F.R. 361.13(b)(1)(iv)).

Technical assistance on organizational requirements:

If your state is considering a change in organizational structure that will affect the VR program, you should consult with RSA as soon as you have information available regarding the proposed reorganization. The reorganization will require RSA approval before it can be implemented and will also require amendments to the State Plan. The paragraphs that follow provide brief technical assistance on the four requirements for the DSU listed above. RSA‘s TAC 12-03 Organizational Structure and Non-Delegable Responsibilities of the Designated State Unit for the VR Program, dated April 16, 2012, has excellent discussions of these requirements.

Requirements Specific to the Designated State Unit

The primary function of the DSA or the DSU, if one exists, must be the delivery of VR or VR and other rehabilitation services to individuals with disabilities. The preamble to the 1997 VR regulations clarifies that “other rehabilitation” “includes, but is not limited to, other programs that provide medical, psychological, educational, or social services to individuals with disabilities.” The concept of "other rehabilitation" is broad, but not all human service programs would qualify as "other rehabilitation." For instance, programs for the aging or child welfare would not qualify as "other rehabilitation" because they are not primarily concerned with the rehabilitation of individuals with disabilities, even though they may sometimes benefit individuals with disabilities.

Full-Time Director: If a DSU has been established within a larger DSA, the DSU must employ a full-time director. The DSU director must devote their full time to the work of the DSU, which would include the VR program and any other program under the purview of the DSU. While the director is not required to devote their full time to the VR component of the DSU’s work, title I funds must be used only to support the work of the director as it relates to the VR program.

Staff Performing VR and Other Rehabilitation Work: The DSA and the DSU, if one exists in the state, must be primarily concerned with the VR or VR and other rehabilitation needs of individuals with disabilities. Although the work of the DSU can encompass activities that extend beyond VR and other rehabilitation, the Rehabilitation Act and the VR implementing regulations prescribe that "all or substantially all staff" – i.e., 90 percent -- of the DSU must devote their full time to the rehabilitation work of the unit, i.e., VR or vocational and other rehabilitation. In other words, no more than ten percent of the DSU staff can devote any portion of their time to other programs and activities carried out by the DSU that do not constitute VR or other rehabilitation. In determining compliance with this requirement, RSA takes into account the total staff currently employed by the DSU and the manner in which they are apportioned to each of the DSU’s activities to determine the percentage that work full-time on the rehabilitation work of the DSU.

Organizational level and Status of the DSU: When evaluating whether the DSU is at a comparable level to other major organizational units within the DSA, it has been the long-standing policy of RSA that such an evaluation will take into consideration such factors as:

  • The directness of the reporting line from the VR director to the head of the DSA;
  • The title, status, and grade of the VR director, as compared with those of the heads of other organizational units within the DSA;
  • The extent to which the VR director can determine the scope and policies of the VR program; and
  • The kind and degree of authority delegated to the director of the DSU for the administration of the VR program.

Such an analysis is challenging and a multitude of details about the functions and structure of a particular state must be considered in making the determination that the VR unit is positioned such that the VR director and VR staff can carry out the non-delegable functions described below. Discussions with RSA in making these determinations are essential.

Non-Delegable Functions

Regulations found in 34 C.F.R. 361.13(c) require that certain functions be reserved solely to the staff of the DSU and that these functions may not be delegated to any other agency or individual. At a minimum, these “non-delegable” responsibilities relate to decisions affecting:

Technical Assistance on Non-Delegable Functions:

RSA has long interpreted these provisions to require that these non-delegable functions and activities should be carried out by the DSU's own staff. In addition, the VR unit must have clear and direct supervision over VR program staff with regard to program policy, operations, and related program matters. The non-delegation provisions are intended to strengthen the role of the DSU by requiring that the unit have a substantial role in all decisions affecting the administration of the VR program whenever management functions within the State agency are centralized. When certain functions, such as human resource development or financial management, are placed at the DSA or departmental level, it is important to assess the manner in which the DSU exercises a strong voice or provides effective input into the policy, planning, operations or similar program decisions made in these areas. Examples of these functions include, but are not limited to, development of legislative proposals and regulations regarding VR program funding and services; program planning and evaluation; personnel management; implementation and use of management information systems; and fiscal and statistical reporting.

Regarding the allocation and expenditure of VR funds, consideration must be given as to whether the DSU has responsibility for the approval of expenditures, the development and approval of contracts, budgeting for the program, development of the cost allocation plan, and the procurement process. Because the DSU is the entity solely responsible for the expenditure and allocation of VR funds, the DSU director must be privy to all financial information about the VR program and should be in direct control of the decisions affecting the VR program. Decisions regarding staffing levels, priority setting, and the awarding of contracts fall within the scope of the expenditure and allocation of VR funds. Therefore, decisions related to these matters require the DSU to determine where to spend its resources for the benefit of the program and to meet the needs of individuals with disabilities within the state. For example, while the DSA may centralize contracting processing,

decisions involving whether to contract for a service, the amount to be contracted, and the service to be procured, must be retained by the DSU, since those decisions pertain to the allocation and expenditure of VR funds and the provision of VR services.

Resources:

Both of the Technical Assistance Circulars listed below were developed prior to the passage of WIOA and the publication of final regulations in August 2016. Therefore, some of the citations and references may be somewhat dated, particularly in TAC-13-02. However, the principles discussed are sound.

RSA provides formula grants to State Vocational Rehabilitation (VR) Agencies to administer the State VR Services, State Supported Employment Services, and Independent Living Services for Older Individuals Who Are Blind programs in all 50 states, the District of Columbia, and the associated Territories and Commonwealths. Specifically, 34 of these States, Territories and Commonwealths have one VR agency that serves individuals with all types of disabilities; these are referred to as Combined VR agencies. In addition, 22 States have established two VR agencies: one VR agency that serves individuals who are blind or have visual impairments, referred to as Blind VR agencies, and a separate VR agency that serves individuals with all other types of disabilities, referred to as General VR agencies. This results in a total of 78 VR agencies: 34 Combined VR agencies, 22 General VR agencies, and 22 Blind VR agencies.

Here is a link to the list of State VR agencies. Additionally, the NCSAB Website has the 22 separate Blind VR agencies listed in one document under their “Resources” tab.

The National Research & Training Center on Blindness and Low Vision (NRTC) at Mississippi State University performed a review in 2018 of the research on outcomes for blind and vision-impaired participants in vocational rehabilitation programs served in Blind VR agencies vs. Combined VR agencies. They found across multiple research studies that separate agencies for the blind were found to serve a higher proportion of socially disadvantaged individuals but performed as well as, if not better than, combined agencies on key outcome measures including rates of competitive employment. Follow this link to access the full document on this review.

There are a variety of partners and resources that can be of benefit to Blind VR agencies. These include, but are not limited to:

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The Rehabilitation Act of 1973, as amended by WIOA, provides for a Client Assistance Program to be designated by the Governor of each State to advise and inform applicants and individuals eligible for services and benefits under the Rehabilitation Act and Title I of the Americans with Disabilities Act. Individuals benefiting from CAP services also include students receiving services under Section 113 of the Rehabilitation Act as well as individuals employed at subminimum wage in accordance with Section 511 of the Rehabilitation Act. In addition, CAPs provide advocacy and representation to applicants and eligible individuals with disabilities to ensure that their rights in relationship to programs and services funded under the Rehabilitation Act are protected. There are 57 CAPs in the States and territories, and the total funding for this program is currently $13,000,000. CAPs are funded under Section 112 of the Rehabilitation Act with implementing regulations in  34 C.F.R. Part 370.
The VR agency is required to work collaboratively with the CAP in the administration of the VR program. Examples of this required collaboration include:

  • The director of the CAP or another individual recommended by the CAP is required to be appointed to the State Rehabilitation Council 34 C.F.R. § 361.17(b)(iii).
  • The VR agency is required to consult with the CAP director on policies and procedures governing the provision of VR services under the State Plan  34 C.F.R. § 361.20(d);
  • In matters of general policy arising in the administration of the VR portion of the State Plan, the designated State agency is required to take into account the views of the CAP director 34 C.F.R. § 361.21(d).

In addition to these administrative requirements, the VR agency is required to inform applicants and eligible individuals of the availability of CAP assistance at various stages of the VR process. Below are some specific citations from the regulations that make this requirement clear. However, VR agencies are encouraged to inform individuals regularly of the availability of the CAP should they be dissatisfied with services and wish to engage an advocate to represent them in working with the VR agency. Regulatory requirements include:

  • When an individual is determined ineligible for VR services, the VR agency is required to inform the individual of the services available under the CAP and how to contact the CAP 34 C.F.R. § 361.43(c).
  • During the development of the individualized plan for employment, the VR agency must inform the individual of the availability of the CAP and how to contact the CAP 34 C.F.R. § 361.45(c)(2)(iv).
  • Among the array of VR services that must be available to individuals, the VR agency provides referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies and must advise those individuals of the availability of the CAP 34 C.F.R. § 361.48(b)(4).
  • The VR agency must inform the individual of the availability of the CAP to assist the individual during mediation sessions or impartial due process hearings 34 C.F.R. § 361.57(b)(1)(v).

Resources

The benefits of VR-CAP collaboration cannot be emphasized enough. In June 2021, a webinar was produced by RSA, CSAVR, and the National Disability Rights Network (NDRN) that described the benefits of VR-CAP collaboration. The webinar featured VR and CAP representatives from Michigan, Minnesota, and Rhode Island who discussed specific examples of how they created collaborative relationships, barriers they had to overcome, and strategies they developed to keep the collaboration moving forward.

Federal Monitoring Objectives and Values

Section 107(a) of the Rehabilitation Act of 1973 as amended by Title IV of the Workforce Innovation and Opportunity Act is the basis for RSA to conduct annual reviews and periodic on-site monitoring of programs authorized under Title I of the Rehabilitation Act.

The objective of monitoring is to support State VR agencies and RSA in improving results for individuals with disabilities seeking high-quality competitive integrated employment by responding to the unique needs and challenges of individual agencies. Fundamental to this monitoring approach are values shared by RSA and its State partners. RSA is committed to these values as it partners with State VR agencies in the conduct of monitoring to foster continuous improvement in outcomes for individuals with disabilities. As such, RSA’s monitoring:

  • Values and supports the Federal/State partnership;
  • Focuses on areas designed to meet the needs of State VR agencies and RSA;
  • Addresses the characteristics and circumstances of individual VR agencies with respect to the areas reviewed and the conduct of the monitoring;
  • Fosters transparent and thoughtful verbal and written communication;
  • Promotes the use of and improves the validity and reliability of programmatic and fiscal data;
  • Makes efficient and effective use of RSA and State VR agency personnel and time devoted to the process;
  • Delivers accurate, targeted, purposeful, and timely technical assistance, balanced with the need to assure compliance with fiscal and programmatic requirements;
  • Maximizes results for VR participants;
  • Leads to continuous improvement in the VR program; and
  • Supports alignment of the public workforce system monitoring protocols and provides emphasis on coordination and collaboration at the Federal and State levels in evaluating and reporting performance and compliance across the core programs.

Monitoring CoP

The VRTAC-QM, in partnership with CSAVR, facilitates a Community of Practice that assists State Vocational Rehabilitation Agencies to prepare for RSA monitoring. You can view the Monitoring CoP page for the latest information and to access monitoring tools.

Resources

When must the public be provided opportunities to learn about and comment on proposed policies?

Public participation requirements in the development of policies, including policies in the four-year State Plans,  the two-year State Plan modifications, and State Plan amendments that may be submitted off-cycle, can be found in the VR programs regulations in 34 C.F.R. § 361.10(c) and § 361.20. In addition, requirements for providing the public with opportunities for comment on and input into a WIOA unified State Plan can be found in 34 C.F.R. § 361.130(d), while such requirements for a WIOA combined State Plan can be found in 34 C.F.R. § 361.143(c). 

Before the adoption of any substantive policies or procedures governing the provision of VR services under the State Plan, consistent with 34 C.F.R. § 361.20(a), public meetings must be conducted throughout the State to provide the public, including individuals with disabilities, an opportunity to comment on the policies or procedures. Substantive changes to the policies or procedures governing the provision of VR services that would require the conduct of public meetings are those that directly impact the nature and scope of the services provided to individuals with disabilities, the manner in which individuals interact with the VR agency, or matters related to the delivery of VR services.

What Are Some Examples of Substantive policy Changes requiring public meetings?

Examples of substantive changes include, but are not limited to—

  • Any changes to policies or procedures that fundamentally alter the rights and responsibilities of individuals with disabilities in the VR process;
  • Organizational changes to the designated state agency (DSA) or designated state unit (DSU) that would likely affect the manner in which services are delivered;
  • Any changes that affect the nature and scope of VR services provided by the DSA or DSU;
  • Changes in formal or informal dispute procedures;
  • The adoption or amendment of policies instituting an order of selection (e.g., proposing to implement an order of selection where none existed or proposing to close one or more categories that were previously open); and
  • Changes to policies and procedures regarding the financial participation of eligible individuals in the cost of services.

What are some examples of changes that do not require public meetings?

By contrast, non-substantive changes (e.g., administrative changes) that would not require the need for public meetings include:

  • Internal procedures that do not directly affect individuals receiving VR services, such as payment processing or personnel procedures;
  • Changes to the case management system that only affect VR personnel;
  • Changes in indirect cost allocations, internal fiscal review procedures, or routine reporting requirements;
  • Minor revisions to VR procedures or policies to correct production errors, such as typographical and grammatical mistakes; and
  • Changes to contract procedures that do not affect the delivery of VR services.

 

What public notice requirements apply to VR agencies before holding a public meeting?

Before conducting public meetings on substantive policy changes, appropriate and sufficient notice must be provided following state law, as required by 34 C.F.R. § 361.20(b). In the absence of State law governing public meetings, procedures for providing appropriate and sufficient notice to the public must be developed by the VR agency in consultation with the State Rehabilitation Council.

Further, per 34 C.F.R. § 361.20(e), the VR agency must provide to the public, through appropriate modes of communication, notices of the public meetings, any materials furnished prior to or during the public meetings, and the policies and procedures governing the provision of VR services. In other words, materials should be made available prior to or during the meeting in a variety of alternate formats for individuals who are blind or visually impaired (e.g., braille, large print, provided on-line or via email) and in order to meet the communication needs of individuals who are deaf or hard-of-hearing, sign language interpreters, CART, and/or  assistive listening devices) should be provided.

Must all public meetings be conducted in person?

The format for public meetings (e.g., whether they must be conducted in person or whether they can be conducted virtually) may be included in State law. There is no Federal requirement that the public meetings be held in person. If VR agencies are not able to conduct public meetings across the State due to “shelter in place” and social distancing requirements, as occurred early in the COVID-19 pandemic, VR agencies may use virtual public meetings consistent with applicable State meeting laws and regulations. A review of question 12 in the FAQ-21-01 that RSA issued on October 16, 2020, may be helpful here. If State law continues to permit the use of virtual meetings even after the pandemic abates, then the VR agency may continue to make use of such virtual means to conduct its public meetings.

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