LRS Part 412.15 I. DEFINITION CHAPTER 4, TECHNICAL ASSISTANCE & GUIDANCE MANUAL Name Transition from School to Work Effective Date *September 21, 2015** Authorization Federal Register, Volume 66, Department of Education, 34 CFR 361, Part VI, State Vocational Rehabilitation Services Program, 361.48, 361.50, 361.52, 361.53 and 361.54. A. The term, vocational rehabilitation services for transition students, means a coordinated set of vocational rehabilitation services for students, designed within an outcome-oriented process, that promotes movement from school to post-school activities, including: 1. Pre-Employment Transition Services (PETS) 2. Postsecondary education 3. Vocational training 4. Integrated employment (including supported employment) 5. Continuing and adult education 6. If appropriate, referral to available continuing and adult education, adult services, independent living or community participation B. The coordinated set of vocational rehabilitation services shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include Pre-Employment Transition Services, instruction, community experiences, the development of employment, other post school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation. C. A transition student is an individual, who at the time of application for vocational rehabilitation services is a student with a disability. NOTE: While the description of a transition student above applies to individuals under an IEP, the Rehabilitation Act also mandates that LRS provide access to individuals with disabilities who are not in special education programs. Therefore, other students with disabilities who do not have an IEP in place should be encouraged to apply for vocational rehabilitation services before exiting secondary education. II. PURPOSE The purpose of vocational rehabilitation services for transition students is to insure a coordinated movement for an individual with a disability from the school setting to adult life, and in the case of vocational rehabilitation, the transition to employment. Chapter 4, Part 412.15 Page 1 of 9
III. STEPS IN THE TRANSITION PROCESS A. Outreach/Consultation/Technical Assistance The Counselor will serve as an information resource for school system staff. In an effort to minimize gaps and delays from school to post-school activities, LRS role in the transition planning process focuses on: 1. Consultation to Students and Families: General information is provided as early as possible regarding the basic LRS program, general eligibility guidelines, and services. This may also include information on career exploration, work-based learning experiences, employment/training opportunities workplace readiness training, self-advocacy and/or referral to other agencies. Consultation may be provided via the telephone, in person to a small group of students, or one-on-one with the student and/or family member(s). 2. Outreach information should be made available to students, school personnel, and parents as early as possible during the transition planning process in order to enable students with disabilities to make an informed choice on whether to apply for VR services while still in school. 3. Technical Assistance to Schools: Specific information is provided regarding various aspects of the vocational rehabilitation program as it applies to students with disabilities served within the secondary school setting. This information may be personally presented during in-service training or more formal presentations at the school, or local career fairs. Technical assistance may also be provided via the telephone or through written information. 4. Participation in Transition/IEP Meetings: Participation in transition meetings can provide Counselors with an avenue for outreach, consultation, and technical assistance, as well as for obtaining pertinent information from the school system that can be used for early identification of prospective applicants for rehabilitation services. Counselors are expected to be involved in transition planning for individual students with disabilities as early as possible based on the needs of the student. 5. LRS will attend all IEP meetings when invited. The method of participation will be based on the Counselor s schedule, the needs expressed by the school district, and the student s individual needs. 6. Participating in the planning and coordination of services for transition students. 7. Establishing eligibility for vocational rehabilitation services prior to exit from school. 8. Services provided through the Vocational Rehabilitation Program while a student/consumer is still in school must relate directly to the achievement of an agreed upon vocational goal. The purpose of the provision of vocational Chapter 4, Part 412.15 Page 2 of 9
B. Referral Process rehabilitation services while the individual is still in school is NOT to supplant the school system s responsibility of meeting the student s needs in accessing their educational program, but rather to assist the individual in achieving their ultimate vocational goal. 1. Referral to LRS does not automatically result in the individual s eligibility for vocational rehabilitation services. Although students with disabilities are entitled to a Free Appropriate Public Education (FAPE), they must be determined eligible for vocational rehabilitation services through an individualized assessment process, and be placed in an Order of Selection group being served. 2. Referral to LRS typically occurs one to two years before the student graduates or exits the secondary school system. In some instances however, the student may be referred at an earlier time based upon the student s individual vocational rehabilitation needs. C. Application Generally, an individual applies for vocational rehabilitation services in the year prior to the exit year. In some instances applications may be accepted earlier in the transition process depending on individual vocational rehabilitation needs. D. Eligibility 1. The Counselor should utilize information provided by the educational system to make eligibility determinations. It is the Counselor s responsibility to communicate with the education staff to inform them of the information needed for an eligibility determination. 2. Agency policy and procedures pertaining to both Eligibility and the Order of Selection must be followed. E. Provision of Services 1. For those students with an IEP, the Counselor should obtain a copy and consider appropriate/relevant elements of the IEP in developing the Individualized Plan for Employment (IPE). 2. Federal regulations provide for the development and approval of the IPE as early as possible during the transition planning process but, at the latest, by the time each student eligible for vocational rehabilitation services exits the school setting. Therefore, if vocational rehabilitation services are needed while the student is still in school, services can be provided if they are necessary for the successful implementation of the IPE. The Counselor must coordinate services with education staff. Chapter 4, Part 412.15 Page 3 of 9
3. Whether the counselor plans to provide services for eligible students before or after they exit the school system, the IPE for all eligible transition students must be completed and approved prior to their exit from the school setting. 4. The Counselor must apply all LRS Policy/Procedure related to Order of Selection and Consumer Participation in the Cost of Services and Comparable Services/Similar Benefits. F. School System Follow-up The school system must perform follow-up on the progress of transition students. Therefore, Counselors should respond in a timely manner to requests from the school system for information on the progress of a student who was under an IEP. (Note: All policy and guidelines pertaining to confidentiality apply. The consumer must sign Consent to Release form [LRS-35]). IV. SERVICES A. After the student has been determined eligible, vocational rehabilitation services may be provided based upon individual needs in accordance with LRS policy guidelines. Some of the services may include: 1. Career guidance and counseling 2. Work-based learning experiences 3. Workplace readiness training 4. Instructions in self-advocacy 5. Assistance with job placement and job development 6. Peer counseling if available through mentor programs 7. Referral to Work Incentives Planning and Assistance (WIPA) for benefits planning. (Individuals receiving SSI/SSDI) B. LRS may purchase some vocational rehabilitation services. Purchased services are those services for transition students that require LRS to authorize the expenditure of funds. The Counselor should only purchase services when they are beyond the scope of the special education program or 504 guidelines; and are required for the student to participate in the Vocational Rehabilitation Program and to reach an appropriate employment outcome. While both no-cost and purchased services may be provided at any time after the student has been determined eligible for LRS, most purchased services will not be provided until the student s final year of school. Examples of purchased services may include: 1. Vocational evaluation/specialized assessments. 2. Work-based learning experiences 3. Workplace readiness training Chapter 4, Part 412.15 Page 4 of 9
4. On-the-job training as defined in the Vocational Rehabilitation Technical Assistance and Guidance Manual (Refer to Part 412.12). 5. Supported employment assessment and training. 6. Assistive technology assessment and devices/services if it can be shown that they are necessary in order for the individual to reach the vocational goal. 7. Vocational/adjustment training. V. PRE-EMPLOYMENT TRANSITION SERVICES Pre-Employment Transition Services is a coordinated set of activities for a student with a disability designed within an outcome-oriented process that promotes movement from school to post-school activities leading to employment. Counselors must make these services available to students with disabilities (ages 16-21) receiving services under an Individualized Education Plan (IEP) or a 504 accommodation plan. Services should be planned according to the individual student s needs but should begin no later than the fall of the consumer s exit year of high school. Pre-Employment Transition Services activities include: Job Exploration Counseling Work-based learning experiences, which may include in-school or after school opportunities or experience outside the traditional school setting that is provided in an integrated environment to the maximum extent possible Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education Workplace readiness training to develop social skills and independent living Instruction in self-advocacy, which may include peer mentoring A. Job Exploration Counseling will be provided by the rehabilitation counselor and documented in the case record. (Refer to Part 408 Vocational Guidance and Counseling for Career Planning) Examples are: Interest Inventories Vocational Assessments O Net Exploration or Other Career Internet Sites Top-Demand Occupations Discussions B. Work-based learning experiences, which may include in-school or after school or experience outside the traditional school setting (including internships) that is provided in an integrated environment to the maximum extent possible. Summer Jobs (paid or unpaid) Chapter 4, Part 412.15 Page 5 of 9
Job Shadowing C. Counseling on post-secondary activities will be provided by the Vocational Rehabilitation Counselor and documented in the case record. Post-Secondary Training Exploration D. Workplace Readiness Training and Instruction on Self-Advocacy should consist of, but is not limited to, the following: 1. Training designed to improve or develop the skills, including social skills and independent living, necessary for the student to obtain and retain employment. Training focuses on life skills, such as, stress management, personal care, confidence building, and daily work related behaviors, to include: punctuality, dependability, motivation, and the ability to follow instructions. 2. Job exploration skills, interviewing skills, resume writing (creating resumes/cover letters), completing job applications, participating in mock interviews, directed job search, and other work related situations are addressed. Chapter 4, Part 412.15 Page 6 of 9
VI. PURCHASING GUIDELINES A. Workplace Readiness Training and Instruction on Self-Advocacy 1. The consumer s attendance and progress will be documented on the Job Readiness and Work Ethic Training form (511.18 RE:1). This form must be completed monthly by the vendor and submitted to the Counselor. Sessions should last the entire duration of the designated class period. This service can be provided up to nine months per school year for a maximum of two school years. If a consumer requires services for more than two school years, an exception can be made by the Regional Manager. 2. Rates: $496.00 per month ($4,464.00 maximum per consumer per school year) Pro-rated fees: 1-3 days = ¼ month or $124.00 4-6 days = ½ month or $248.00 7-9 days = ¾ month or $372.00 10 or more days = 1 full month or $496.00 B. Work-Based Learning Experiences (WBLE s) - Paid The Counselor can reimburse student wages to an employer for Work-Based Learning Experiences. The consumer s attendance and progress will be documented on the Work Based Learning Activities Form (WBLE-1). This form will be completed monthly by the vendor (including signature of both the consumer and vendor) and submitted to the counselor along with the monthly invoice. 1. The rate of reimbursement is equal to the consumer s monthly base salary up to $8.00 per hour. 2. Reimbursement is made up to a forty (40) hour work week. Number of hours worked weekly should be jointly discussed and determined between the employer, Counselor and consumer as applicable. NOTE: Verification of the consumer s salary must be provided for reimbursement of Work-Based Learning Experiences. Acceptable methods of verification of the consumers earnings may consist of one of the following: a. Pay check stubs showing hours worked, gross income per month, week, etc. b. A written statement from the employer stating hours worked and amount paid. Chapter 4, Part 412.15 Page 7 of 9
3. Overtime is not reimbursed by LRS. A consumer can work overtime and receive payment from the employer; however, LRS will not reimburse the employer for overtime hours worked by the consumer. 4. The employer is responsible for making any and all deductions from the employee's paycheck that is required by law. 5. The Counselor must complete the IPE or Plan and the RCA will complete a Draft Authorization in AWARE. Submit to the District Supervisor for approval unless Counselor is on Independent Approval Status. a. The IPE or Plan for Work-Based Learning Experience cannot exceed a period of 3 months. b. If the total of all items/services on any IPE or Plan is equal to or greater than $20,000, the IPE or Plan shall be considered high cost. In these instances, all Counselors must have both the IPE or Plan and the Draft Authorization in AWARE approved by both the District Supervisor and the Regional Manager. 6. The employer must complete an IRS W-9 form, if the employer is not an approved LRS vendor. The Counselor must submit the IRS W-9 to the District Supervisor, along with the IPE or Plan and Draft Authorization in AWARE. The employer must invoice the Counselor. The employer s invoice is used to process payment to the employer. C. Work-Based Learning Experiences Paid and Unpaid A Counselor can authorize payment for Work-Based Learning Experiences (WBLE) to a Community Rehabilitation Program/vendor. This is in addition to the reimbursement of wages, if applicable. 1. LRS will pay Work Based Learning Experience fees for up to two (2) WBLE s for a maximum total of $1,000.00. Rate: $500.00 per experience for WBLE NOTE: Only a single WBLE fee may be paid to an employer regardless of the number of experiences a consumer has with the same employer. This includes the CRP if the CRP is the employer. Should the consumer be placed with another employer for a WBLE, an additional WBLE fee can be paid for a maximum of two (2) fees. 2. In addition to above fees for placing the consumer into a WBLE, the CRP/vendor will be paid for each month the consumer maintains the WBLE. a. Fees can be billed by the vendor at the end of each 30 day period that the consumer maintains the WBLE for up to three months. The vendor must provide documentation of the number of days the consumer attended the WBLE (WBLE -1). Chapter 4, Part 412.15 Page 8 of 9
Rate: 1 st month = $500.00 2 nd month = $500.00 3 rd month = $500.00 b. For monthly payments, the consumer must participate for a minimum of 12 days (at least 1 hour per day) in Work-Based Learning Experiences. NOTE: If a consumer does not participate the minimum of 12 days in the first 30 day period, days of participation may be combined with the next 30 day period to earn a fee for one month of maintaining the consumer on the WBLE. Total Rate: $2,500.00 (Maximum per consumer including two placement rates of $500 and payment for three months that student maintains WBLE at $500.00 each month). VII. ADDITIONAL RESPONSIBILITIES A. The Counselor or other designated LRS staff member participates in the development and implementation of local and regional interagency cooperative agreements. The cooperative agreements establish the framework within which interagency cooperation will occur. B. The Counselor or other designated LRS staff member participates as a member of local and regional core teams. Chapter 4, Part 412.15 Page 9 of 9