CAP & VR Encyclopedia

November 2008

Cheryl Bates-Harris

Additional Material and Editing Provided By:

David T. Hutt

and

CAP Advisory Committee Members

Cynthia Gardner, Disability Law & Advocacy Center of Tennessee

Karen Stanfill, Advocacy, Inc. (Texas)

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Accessibility of CAP

Services

As a recipient of federal money, CAPs must make accommodations for individuals with disabilities. According to Section 504 of the Rehabilitation Act of 1973, as amended, no otherwise qualified individual with a disabili-ty shall, solely by reason of his/her disabili-ty, be excluded from or subjected to dis-crimination under any program or activity receiving federal financial assistance. This requirement goes beyond architectural ac-cessibility and the removal of physical bar-riers. It requires that the programs, services, and activities also be accessible. This may be achieved by reasonable modification to the program's policies and procedures, pro-viding materials and information in the indi-vidual's chosen mode of communication, and making available auxiliary aids and services such as "qualified interpreters." When the CAP regulations were pub-lished on November 2, 1995, Section 370.7 was added to ensure that CAP ser-vices are provided in formats that are ac-cessible to clients or client-applicants who seek or receive CAP services. See also – Office of Civil Rights, Section

504

Access to Services

CAPs may facilitate access to the servic-es funded under the Act through both in-dividual and systems advocacy.

See also – Systems Advocacy

Access to VR Client

Records A CAP program must obtain the informed written consent of individuals seeking as-sistance before it may request the State VR agency to release any personal infor-mation from the individual's VR case record.

See also – Confidentiality; Protection, Use

and Release of Personal Information; and

Release of Information

Acronym List ADA Americans with Disabilities Act APA Administrative Procedures Act AT Assistive Technology CAP Client Assistance Program CFR Code of Federal Regulations CILs Centers for Independent Living

(funded under Title VII of the Rehabilitation Act); also known as Independent Living Centers (ILCs)

CRC Certified Rehabilitation Counse-lor; also known as “qualified re-habilitation counselor”

CRP Community Rehabilitation Pro-grams

CSB Comparable Services and Bene-fits

CSPD Comprehensive System of Per-sonnel Development

DOE Department of Education DSA Designated State Agency DSU Designated State Unit EDGAR Education Department General

Accounting Requirements EN Employment Network (under

the Ticket to Work Program)

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EEOC Equal Employment Opportunity Commission

FNT Financial Needs Test FY Fiscal Year IDEA Individuals with Disabilities

Education Act IHO Impartial Hearing Officer IL Independent Living Service (funded under Title VII, part B

of the Rehab Act) ILCs Independent Living Centers;

also known as Centers for In-dependent Living (CILs)

IEP Individual Education Plan IPE Individualized Plan for Em-

ployment (formerly the IWRP) IWP Individual Work Plan IWRP Individual Written Rehabilita-

tion Program (now the IPE) JWOD Javitts-Wagner-O=Day Program MSD Most Severely Disabled NDRN National Disability Rights Net-

work (formerly NAPAS – Na-tional Association of Protection & Advocacy Systems)

OCR Office for Civil Rights (exists in various federal agencies)

OJT On-the-Job Training OMB Office of Management & Budget OSERS Office of Special Education and

Rehabilitative Services in the U.S. Dept. Of Ed.

P&A Protection & Advocacy PAAT Protection & Advocacy for As-

sistive Technology PABSS Protection & Advocacy for Be-

neficiaries of Social Security PADD Protection & Advocacy for Per-

sons with Developmental Dis-abilities

PAIMI Protection & Advocacy for Indi-viduals with Mental Illness

PAIR Protection & Advocacy for Indi-vidual Rights

PATBI Protection & Advocacy for Traumatic Brain Injury

PAVA Protection & Advocacy for Vot-ing Access

PWI Projects with Industry Rehab Act Rehabilitation Act of 1973,

as amended RRCEP Regional Rehabilitation Contin-

uing Education Programs RSA Rehabilitation Services Admin-

istration RSA-227 CAP Annual Report Form

required by RSA SD Severely Disabled SILC State Independent Living

Council SPIL State Plan for Independent Living SRC State Rehabilitation Council

(formerly State Rehabilitation Advisory Council)

TASC Training and Advocacy Support Center

TWWIIA Ticket to Work and Work Incentive Improvement Act

USC United States Code VR Vocational Rehabilitation WIA Workforce Investment Act

Act (The)

References throughout this document to the Act are referring to the Rehabilitation Act of 1973, as amended.

See the 1998 version of the Rehabilita-

tion Act of 1973, as amended, (includ-

ing technical amendments of 1998) in Section 2.

The full statute is codified into law at 29 U.S.C. chapter 16, sections 701 – 796l. Title I of the Act, which contains the voca-tional rehabilitation provisions, is codified into law at 29 U.S.C. sections 720 – 751.

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ADA and CAP Federal regulations at 34 C.F.R. §§ 370.1(c) and 370.4(a)(2) authorize CAP agencies to advise clients and client-applicants of all benefits available to them under various Federal and State programs, including the ADA, and their rights and re-sponsibilities in connection with those bene-fits. However, because of the limits placed on CAP agencies under Section 112 of the Rehab Act, CAP agencies may not assist a client or client-applicant in pursuing their rights or benefits under the ADA unless those rights or benefits are related to ser-vices provided under the Rehabilitation Act of 1973, as amended.

If the ADA-related issue does not relate to services under the Rehab Act, the CAP may refer the individual to the appropriate Federal agency responsible for enforce-ment of the ADA provisions (e.g., the U.S. EEOC for employment issues and the U.S. Department of Justice for public ac-commodation issues).

Administering

Agency for CAP

CAP is administered by the Rehabilitation Services Administration (RSA), within the Office of Special Education and Rehabi-litative Services (OSERS) of the U.S. De-partment of Education (DOE).

The RSA Central Office is responsible for: computing allotment/reallotment of

funds under Section 112; issuing grant awards to designated

CAP agencies based upon receipt of signed state assurances;

issuing policy and guidance materials;

revising the Annual CAP Report (RSA-

227), including the reporting form and the instructions for completing it;

gathering statistics from individual

CAP programs and preparing national summaries of statistical data for inclu-sion in RSA's annual report to Con-gress; and

promulgating regulations implement-

ing sections of the Act. See also – Monitoring of CAP Agencies;

RSA; Regional Offices (RSA)

Advocacy As a result of the 1992 amendments to the Act, the term "advocacy" was added for the first time to Section 112(a) of the Act. CAPs are now authorized to provide advocacy on behalf of individuals with disabilities. As defined in the regulations governing CAP, "advocacy means pleading an indi-vidual's cause or speaking or writing in support of an individual. Advocacy may be formal (as in the case of a lawyer representing an individual in a court of law or in a formal administrative proceeding) or informal (as with a lawyer or non-lawyer representing an individual in negotiations, mediation, or informal administrative pro-ceedings), and may be in relation to:

(1) A single individual, in which case it is Aindividual advocacy@;

(2) More than one individual or a group or class of individuals, in which case it is Asystems (or systemic) advocacy@; or

(3) Oneself, in which case it is Aself advocacy.@ [34 C.F.R. § 370.6(b)].

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Advocacy Standards

The following is taken from the Standards for Advocacy Programs Serving People with Developmental Disabilities and People with Mental Illness. Originally de-veloped by a workgroup, these standards were later adopted by the NDRN Board of Directors for encouraged use by all P&A/CAP agencies.

Principles The following principles govern the way in which advocacy services are organized and delivered: 1. People with disabilities share with all

citizens of the United States and its territories, basic human, legal, and civil rights.

2. The primary role of advocates is to establish, expand, protect, and en-force the human, legal, and civil rights of people with disabilities.

3. The role of the advocate is to inform the client about options, assist the client to express preferences, and ensure that these preferences are heard and vigorously pursued within the scope of the law.

4. Advocacy efforts are sensitive and responsive to the unique needs of in-dividuals from diverse ethnic, racial, and cultural backgrounds.

5. Advocates appreciate the realities that confront clients and take mea-ningful direction from clients.

6. Advocacy programs are accessible and reasonably available to the plac-es where people live and work.

7. The availability of advocacy services is known to potential clients; the loca-

tion of services is physically accessi-ble; and the program possesses the resources necessary to communicate with its clients.

8. When a decision or meaningful choice cannot be or is not expressed by a client, or when consent is not availa-ble from or provided by a client or le-gally authorized substitute, advocates safeguard and advance the human, legal, and civil rights of the person with a disability in a way that does not limit the client's options for choice.

9. Advocates assist people with disabili-ties to speak for themselves regard-ing their personal, programmatic, and service goals and desires.

10. Advocates seek access to, and partic-ipate in, forums such as state rule-making, state planning, and legislative and policy development processes that affect the rights and opportunities for people with disabilities.

11. Advocacy programs are accountable to the people they represent; such accountability is reflected in the poli-cies and practices of the program, as well as in the ethnic, racial, cultural, and consumer composition of the go-verning authority and staff.

12. Advocates employ multiple means of action and redress, such as individual and class representation; legislative and other systemic advocacy; train-ing; and consumer education.

13. Advocacy programs are administra-tively independent and physically sep-arate from service providers and state agencies responsible for the provision of services to persons with disabilities.

14. Advocacy priorities include the spe-cial concerns of people in segregated settings and promote opportunities for integration in work, education, lei-sure, and housing.

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15. Advocacy resources and priorities address the human, legal, and civil rights of those individuals in the greatest jeopardy and with the great-est needs.

16. Advocacy efforts recognize and pro-mote the right to a range of appropriate and humane treatment and habilitation.

Values and Philosophy Advocacy for persons with disabilities is based on the following values: EQUALITY, EQUITY, AND FAIRNESS: People with disabilities are full and equal citizens under the law. They are entitled to equal access to the opportunities af-forded to all members of the society. People with disabilities are entitled to be free from abuse, neglect, exploitation, discrimination, and isolation, and to be treated with respect and dignity. MEANINGFUL CHOICE & EMPOWER-MENT: People – regardless of type or level of disability or age – have the right to make choices with respect to daily rou-tines and major life events. SUPPORTS AND PARTICIPATION: Ser-vices and supports are shaped by the unique needs and preferences of each individual, and assure opportunities for integration in all aspects of life. Services are age-appropriate and premised on the fact that people with disabilities continue to learn, grow, and de-velop throughout their lives. For children, such growth is best accomplished within families, and for adults, in integrated com-munities rather than institutions. INDEPENDENCE: Services are based on equal access, peer support, and self-determination to be achieved through in-dividual, professional and system advo-cacy. Services must maximize leadership, independence, productivity, and integra-tion of individuals with disabilities.

CULTURAL COMPETENCY: People with disabilities shall be included in all activities undertaken by the Network and P&A/CAP staff. Boards and services should reflect the diverse cultural, ethnic, racial, and dis-ability diversity of their state. RESOURCE GENERATION: P&As/CAPs will be leaders in public policy that has a positive impact on the lives of children and adults with disabilities and their fami-lies. P&As/CAPs will work to enhance their resources to provide high-quality le-gal and advocacy services to people with disabilities.

Affirmative Action

Requirement Based on requirements found in section 101(a)(6)(B), each VR agency and com-munity rehabilitation program must devel-op and implement an affirmative action plan to employ and advance in employ-ment qualified individuals with disabilities covered by the same terms and conditions as set forth in Section 503 of the Act. This plan must provide for specific action steps, timetables, and complaint and enforce-ment procedures necessary to assure af-firmative actions. [34 C.F.R. § 361.19]. The Centers for Independent Living are also required to take similar affirmative action steps under section 704(m)(2).

American Indian VR

Services

Section 121 of the Rehab Act authorizes grants to provide VR services to Ameri-can Indians (sic) with disabilities who re-

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side on or near Federal or State reserva-tions to prepare them for employment. Applications for these discretionary grants may be made only by the governing bo-dies of Indian Tribes and Consortia of those governing bodies located on or near such reservations. Alaskan native groups are included in the definition of Indian Tribe. Projects may not be funded for more than five years; however, the Act requires that priority be given for the con-tinuation of projects previously funded. As of September 2003, grants have been awarded to 69 Native American tribes in 21 states. Projects are operating in AK; AZ; CA; CO; CT; GA; ID;KS; LA; MI; MN; MS; MT; NV; NM; NY; NC; ND; OK; OR; SD; WA; WI; and WY. Allowable costs under this program in-clude expenditures for services reflecting the cultural background of those being served, including treatment provided by Native healing practitioners. When the program cannot provide servic-es to all eligible American Indians with disabilities who apply, the program must specify an order of selection.

Appeal and Hearing

Rights

Anyone seeking or receiving VR services who is dissatisfied with a determination made by personnel of the State VR agen-cy has a right to appeal any decision or action that affects the provision of VR services. State VR agencies are required to have in place due process procedures by which an individual can appeal an agency deci-

sion with which the individual disagrees, including the right to pursue mediation. The agency must notify the individual of the reasons for the decision, the right to appeal, and the availability of the CAP. [Section 102(c)(6); 34 C.F.R. § 361.57(b)(1)].

The Director of the State VR agency must establish procedures governing appeals, which must include the right to an admin-istrative hearing before an impartial hear-ing officer (IHO). [Section 102(c)(2)]. In ad-dition, each state shall ensure that proce-dures are established and implemented to allow parties to resolve disputes through a mediation process that shall be available whenever a hearing is re-quested. [Section 102 (c)(4)] The individual has the right to be represented at the hearing or mediation session by an attorney or other repre-sentative/advocate. [Section 102 (c)(3)(B)] Both the individual and the agency can present evidence and cross examine wit-nesses. [Section 102 (c)(3)(A); 34 C.F.R. ' 361.57(b)(3)] According to the 1998 amendments to the Act, the IHO's decision is final except that a party may request an impartial review (by a reviewing official) if the state has established procedures for such review. A party may also bring a civil action in state or federal court for review. See also – Civil Action; Due Process; Med-

iation Requirements; Overturning or Mod-

ifying an IHO Decision; Review of IHO De-

cision; and Reviewing Official

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Assessment for

Determining VR Needs Once an individual has been determined eligible for VR services, VR must first use existing data obtained during the eligibility determination process to develop the employment goal and VR services needed to achieve the goal to be included in the IPE. If the existing data is insuffi-cient, the state VR unit must undertake a comprehensive assessment of the “unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice” of the individual to identify the rehabilitation needs and the goals, objectives, nature, and scope of VR services to be included in the individ-ual's IPE. [34 C.F.R. § 361.45(f)(2)]

See also – Individualized Plan for Employ-

ment (IPE)

Assistive Technolo-

gy Device According to the Rehab Act, assistive technology device has the meaning given to the term in the Assistive Technology Act of 1998 [see 29 U.S.C. § 2003(3) and (4)].

Under the Assistive Technology Act, an assistive technology device means any piece of equipment or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capa-bilities of a person with a disability. [Section 7(3); 34 C.F.R. ' 361.5(b)(7)] See also – Assistive Technology Services;

Rehabilitation Technology

Assistive Technolo-

gy (AT) Services Under the Rehab Act, assistive technology service has the same meaning given the term under the Assistive Technology Act of 1998: any service that assists an individual with a disability in the selection, acquisition, or use of an assistive technology device [see 29 U.S.C. § 2002(3) and (5)].

It includes evaluations, acquiring, adapt-ing, maintaining, repairing, or replacing AT devices. It also includes training and technical assistance for professionals, in-dividuals with disabilities, or, where ap-propriate, the families of such individuals. [Section 7(4); 34 C.F.R. § 361.5(b)(8)]

See also: Assistive Technology Devices;

Rehabilitation Technology

Authorization for

VR Services Each state designed VR unit must estab-lish procedures related to the timely au-thorization of services including any con-ditions under which verbal authorization can be given. Such services will be pro-vided in accordance with the provisions of the Individualized Plan for Employment (IPE). [34 C.F.R. § 361.50(e)]

See also – Individualized Plan for Em-

ployment (IPE)

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Authorized CAP

Activities

Funds made available to CAP under Sec-tion 112 of the Rehab Act, as amended, must be used for activities consistent with the purpose of the Program. These activi-ties, as contained in the CAP Federal Regulations, include: $ Advising and informing clients, client-

applicants, and individuals with dis-abilities in the State, especially indi-viduals with disabilities who have tra-ditionally been unserved or under-served by vocational rehabilitation programs, of:

(I) All services and benefits available

to them through programs autho-rized under the Act; and

(ll) Their rights in connection with those services and benefits;

$ Informing individuals with disabilities in

the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocation-al rehabilitation programs, of the ser-vices and benefits available to them under Title I of the ADA (regarding rights in employment);

$ Upon the request of a client or client-

applicant, assisting and advocating on behalf of a client or client-applicant in his or her relationship with projects, programs, and services under the Act by engaging in individual or systemic advocacy and pursuing, or assisting and advocating on behalf of a client or client-applicant to pursue legal, ad-ministrative, and other available re-medies, if necessary:

(I) To ensure the protection of the rights of a client or client-applicant under the Act; and

(ll) To facilitate access by individuals with disabilities and individuals with disabilities who are making transition from public school pro-grams to services funded under the Act; and

$ Providing information to the public

concerning CAP. In providing assistance and advocacy services under Section 112 with respect to services under Title I of the ADA, CAP may provide assistance and advocacy services with respect to services that are directly related to facilitating the employ-ment of the individual. [Section 112(a); 34 C.F.R. § 370.4]

Automatic Determi-

nation of SSI/SSDI as AIndividuals with Sig-

nificant Disabilities@

The 1998 Amendments to the Rehab Act simplified and streamlined eligibility de-terminations by establishing presumptive eligibility for individuals with disabilities who are recipients of Supplemental Secu-rity Income (SSI) or beneficiaries of Social Security Disability Insurance (SSDI) pay-ments and who intend to achieve an em-ployment outcome. Section 102(a)(3)(A)(ii) of the Act stipulates that an SSDI beneficiary or SSI recipient is to be considered an individual who meets all of the elements of the definition of the term Aindividual with a significant disability@ in section 7(21)(A) of the Act. Such individ-

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uals are to be automatically considered to be individuals with significant disabilities. [34 C.F.R. § 361.42(a)(3)]

See also – Individual with a AMost Signifi-

cant Disability@; and Presumptive Eligibility (of SSDI/SSI Recipients)

Blind VR Agencies In order to meet the definition of legal blindness, one=s visual acuity in the best eye must be no better than 20/200 with-out correction, or one must have a visual field restriction of 20 degrees or greater. Twenty-four states have separate VR agencies responsible for serving individu-als whose visual impairment meets the definition of legal blindness. These agen-cies – sometimes known as Commissions for the Blind – have a similar purpose to the general VR agency and provide ser-vices consistent with Title I of the Act, as amended. States with separate blind agencies as of October 2007 include: AR, CT, DE, FL, IA, ID, KY, MA, ME, MI, MN, MO, NC, NE, NJ, NM, NY, OR, SC, SD, TX, VA, VT, and WA.

Case Record Devel-

opment (by CAPs) Since every client-directed activity beyond the provision of basic information and refer-ral services should result in the opening of a CAP case record and the maintenance of some basic client information, a case re-cording system should be developed by each CAP agency and initiated every time a

CAP case is opened. Every CAP case record should include basic identifying in-formation, including: name; address; tele-phone number (if available); age; sex; race; and major disabling condition. In order to meet RSA's annual reporting requirements for CAP, the case record should also in-clude information on the covered agency from which the client or client-applicant is seeking or receiving services; the nature of the problem; the CAP services provided to the client; and information about case reso-lution. A few basic components for keeping case records include: A) Confidentiality of client information; B) Determining the source of the client=s

concern; C) Identifying courses of action; D) Maintaining case notes on actions

taken on behalf of the client in case files;

E) Recording financial expenditures; F) Case closure; and G) Recording a closure statement.

Centers for

Independent Living The purpose of this RSA-funded program is to provide funds to consum-er-controlled, community-based, cross- disability, non-residential, private nonprof-it organizations for the establishment and operation of Centers for Independent Liv-ing (CILs), sometimes also referred to as Independent Living Centers (ILCs). CILs are programs or services for individ-uals or groups of individuals with signifi-cant disabilities that promote indepen-dence, productivity, and quality of life.

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States (DSUs and governor-appointed, consumer-controlled Statewide Indepen-dent Living Councils) develop and sign three-year State plans for independent living based upon plans from local CILs. These State plans guide the development and provide consistency in the operation of CILs and the provision of independent living services in each State. The CIL program, funded with money au-thorized under Title VII of the Rehab Act, supports over 336 CILs nationally with at least one CIL in every State, the District of Columbia, U.S. Virgin Islands, Puerto Rico, and American Samoa. Annually, over 212,000 individuals with significant physical and mental disabilities receive direct services from CILs. Many other individuals benefit from the results of successful systems advocacy to increase the availability and quality of community options for independent living and the ca-pacity of communities to meet the needs of individuals with significant disabilities. Applicants for funds to CILs must assure that the majority of the staff and individu-als in decision-making positions (e.g. go-verning board members) are individuals with disabilities. [Section 725(c)(6)]

See also – Independent Living Services;

RSA-IM-02-05 (independent living questions and answers)

Certified Rehabilita-

tion Counselor (CRC) Code of Ethics The Commission on Rehabilitation Coun-selor Certification (CRCC) sets the stan-dard for quality rehabilitation counseling

services in the U.S. and Canada, and is the accepted standard for Aqualified reha-bilitation counselor@ as defined in the Re-hab Act. As an independent, nonprofit or-ganization, CRCC has certified more than 35,000 counselors since its incorporation in 1974. CRCC adopted a Code of Professional Ethics for its Certified Rehabilitation Counselors, effective January 1, 2002. The standards of this mandatory code are intended to assure the community that the rehabilitation counseling profession accepts its responsibility to provide caring service to persons with disabilities. The Code is included in Section 8 of the CAP/VR Encyclopedia and Resource Manual, and is available, along with more information on the CRCC, at www.crccertification.com. See also – Ethics in Rehabilitation Coun-

seling

Choice References

in the VR Process

The statement of "findings" for the entire Rehab Act notes that disability is a natural part of the human experience and in no way diminishes the right of individuals to – A) live independently; B) enjoy self-determination; C) make choices; D) contribute to society; E) pursue meaningful careers; and F) enjoy full inclusion and integration in

the economic, political, social, cultural, and educational mainstream of Amer-ican society.

[Section 2(a)(3)]

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The policy of the United States is that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the prin-ciples of respect for individual dignity; per-sonal responsibility; self-determination; and pursuit of meaningful careers, based on informed choice, of individuals with dis-abilities. [Section 2(c)(1)]. It is further the purpose of Title I of the Act to assist States in operating statewide comprehensive, coordinated, efficient, and accountable VR programs , each of which is designed to assess, plan, devel-op, and provide VR services for individu-als with disabilities consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and in-formed choice, so that such individuals may prepare for and engage in gainful employment. [Section 100(a)(2)(B)].

The statement of Policy for Title I states that “individuals who are applicants for programs or eligible to participate in pro-grams must be active and full partners in the VR process, making meaningful and informed choices

during assessments for determining eligibility and VR needs; and

in the selection of employment out-comes, and the services needed to achieve the outcomes, entities pro-viding such services, and the me-thods used to secure such services.”

[Section 100(a)(3)(C)]. State Plans must include an assurance that applicants and eligible individuals or, as appropriate, the applicants= represent-atives or individuals= representatives, will be provided information and support ser-vices to assist the applicants and individ-uals in exercising informed choice throughout the rehabilitation process, consistent with the provisions of section 102(d) of the Act. [Section 100(a)(19)].

Individualized Plans for Employment (IPE) shall be developed and imple-mented in a manner that affords eligible individuals the opportunity to exercise in-formed choice in selecting an employ-ment outcome, the specific VR services to be provided under the plan, the entity that will provide the VR services, and the me-thods used to procure the services. [Sec-tion 102(b)(2)(B)]

In addition, section 102(d) requires each DSA to develop and implement written policies and procedures that enable indi-viduals seeking and receiving VR services to exercise informed choice throughout the process, including evaluation and as-sessment. Subsection (3) requires each DSA to develop and implement Aflexible procurement policies and methods that facilitate the provision of services, and that afford eligible individuals meaningful choices among the methods used to pro-cure services@ funded under Title I of the Act. Subsection (4) requires each DSA to develop and implement policies and pro-cedures Ato provide and assist eligible in-dividuals in acquiring information that enables those individuals to exercise in-formed choice@ in the selection of an em-ployment outcome, the VR services needed to achieve that outcome, the enti-ty to provide those services, the employ-ment setting and setting in which the ser-vices will be provided, and the methods available for procuring the services. Informed choice is again mentioned in Sec. 103(a), Vocational Rehabilitation Services for Individuals, which defines VR services as any services Adescribed in the individualized plan for employment ne-cessary to assist an individual with a dis-ability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, re-sources, priorities, concerns, abilities, ca-pabilities, interests, and informed choice

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of the individual.@ Within the list of VR services for individuals, counseling and guidance is listed to include Ainformation and support services to assist an individ-ual in exercising informed choice consis-tent with the provisions of section 102(d).@ On January 17, 2001, RSA issued a Policy Directive (RSA-PD-01-03) on Implement-ing Informed Choice. This directive indi-cates that informed choice is a decision-making process that occurs throughout the individual=s experience with the VR pro-gram and should ensure that individuals:

make decisions related to the assess-ment process and to selection of the employment outcome and the settings in which employment occurs, vocational rehabilitation services, service provid-ers, the settings for service provision, and the methods for procuring services;

have a range of options from which to make these decisions or, to the extent possible, the opportunity to create new options that will meet the individ-ual=s specific rehabilitation needs;

have access to sufficient information about the consequences of various options;

have skills for evaluating the informa-tion and for making decisions, or, to the extent possible, the opportunity to develop such skills or support and as-sistance in carrying out these func-tions;

make decisions in ways that reflect the individual=s strengths, resources, priorities, concerns, abilities, capabili-ties, and interests; and

take personal responsibility, to the ex-tent possible, for implementing the chosen options.

For the regulations on informed choice, see 34 C.F.R. § 361.52.

Civil Action Any party aggrieved by a final decision is-sued by the IHO – or a state reviewing offi-cial if the state has adopted this procedure – may bring a civil action for review of such decision. The action may be brought in any State court of competent jurisdiction or in a district court of the United States of compe-tent jurisdiction without regard to the amount in controversy. The procedures for bringing a review are described in section 102(C)(5)(J)(ii) and 34 C.F.R. § 361.57. There are several procedural landmines that exist in taking a civil action for a re-view of an IHO or state reviewing officer‟s decision. Please review the litigation chap-ter in Section 5 for further information. See also Due Process; Overturning or

Modifying an IHO Decision; Review of IHO

Decision; and Reviewing Officials

Class Action

Prohibition While CAPs may engage in "systems (or systemic) advocacy" on behalf of a group or class of individuals, they cannot use funds appropriated under Section 112 of the Act to file a formal "class action" suit in a state or federal court. [34 CFR 370.6(b)(3)]. Class action means a formal legal suit on behalf of a group or class of individuals filed in a Federal or State court that meets the requirements for a "class action" under Federal or State law. "Systems (or system-

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ic) advocacy" that does not include filing a formal class action in a Federal or State court is not considered a class action for purposes of this part. [34 CFR 370.6(b)]. See also – Legal Remedies

Clear and Convinc-

ing Evidence An individual who meets the other require-ments for eligibility for VR services under the Rehab Act is presumed to be able to benefit from VR services in terms of achiev-ing. The VR agency can overcome this pre-sumption by showing through “clear and convincing” evidence that the individual could not benefit from VR services because of the severity of the disability. The clear and convincing evidence stan-dard [is] the most demanding standard applied in civil cases. Evidence is clear and convincing when it

"produce[s] in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, evidence so clear, direct, weighty and con-vincing as to enable [the fact find-er] to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue…” Evi-dence may be uncontroverted, and yet not be ‟clear and convinc-ing„...Conversely evidence may be ‟clear and convincing„ despite the fact that it has been contradicted.

In re Martin, 450 Mich. 204; 538 N.W. 2d 399 (1995) quoting In re Jobes, 108 NJ 394, 407, 408 (1987)].

A note to the federal regulations after 34

C.F.R. § 361.42 clarifies that a VR agen-cy must have a high degree of certainty before it can conclude that an individual is incapable of benefitting from services in terms of an employment outcome. “The term clear means unequivocal.” Given these requirements, a review of existing information generally would not provide clear and convincing evidence.

For example, the use of an intelli-gence test result alone would not constitute clear and convincing evi-dence. Clear and convincing evi-dence might include a description of assessments, including situational assessments and supported em-ployment assessments, from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability. The demonstration of „clear and convinc-ing evidence‟ must include, if appro-priate, a functional assessment of skill development activities, with any necessary supports (including assis-tive technology), in real life settings.

[See note after 34 C.F.R. § 361.42 citing to Senate Report No. 357, 102d Cong., 2d. Sess. 37-38 (1992)],

Client or Client-

Applicant Client or client-applicant means an indi-vidual receiving or seeking services under the Act, respectively. For purposes of this definition, an individ-ual does not become a client or client-applicant merely by receiving Ainformation and referral@ from the designated state VR agency. [34 C.F.R. § 370.6(b)].

14

Closure Procedures

for Ineligible Individuals

If agency personnel determine that an applicant is ineligible for VR services or determines that an individual receiving services under an IPE is no longer eligible for services, the State unit must make the determination only after providing an op-portunity for full consultation with the indi-vidual or, as appropriate, with the individ-ual's representative. The individual must be informed of the ineligibility determina-tion in writing, including the reasons for that determination, and the means by which the individual may seek a remedy for any dissatisfaction, including a de-scription of services available from the CAP. Additionally, the VR agency is required to 1) Refer the individual to other training or

employment-related programs that are part of the One-Stop service delivery system under the Workforce Invest-ment Act; and

2) review within 12 months, and annually

thereafter if requested by the individu-al or, if appropriate, by the individual's representative, any ineligibility deter-mination that is based on a finding that the individual is incapable of achieving an employment outcome. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the in-dividual's medical condition is rapidly progressive or terminal. [34 C.F.R. § 361.43].

Closure Require-

ments for Individuals Achieving an Employment Outcome The record of services of an individual who has achieved an employment outcome may be closed only if the individual has achieved the employment outcome described in the their IPE and this is consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and in the most integrated setting possible, consistent with the individual's in-formed choice. In addition, the employment outcome must be maintained for an appro-priate period of time, but not less than 90 days; the individual no longer needs VR services; the individual and the qualified re-habilitation counselor employed by the des-ignated State VR unit consider the em-ployment outcome to be satisfactory and agree that the individual is performing well in the employment; and the individual is in-formed through appropriate modes of communication of the availability of post-employment services. [34 C.F.R. § 361.56].

Closure Without an

Eligibility Determination The State unit may not close an appli-cant's record of services prior to making an eligibility determination unless the ap-plicant declines to participate in, or is un-available to complete an assessment for, determining eligibility and priority for ser-vices, and the State unit has made a rea-

15

sonable number of attempts to contact the applicant or, if appropriate, the appli-cant's representative to encourage the applicant's participation. [Sections 12(c) and 101(a)(6)(A); 34 C.F.R. § 361.44].

Community Rehabili-

tation Programs (CRP) The term "community rehabilitation pro-gram" means a program that provides di-rectly or facilitates the provision of VR services to individuals with disabilities, and that provides, singly or in combina-tion – (A) medical, psychiatric, psychological,

social, and vocational services that are provided under one management;

(B) testing, fitting, or training in the use of prosthetic and orthotic devices;

(C) recreational therapy; (D) physical and occupational therapy; (E) speech, language, and hearing therapy; (F) psychiatric, psychological, and social

services, including positive behavior management;

(G) assessment for determining eligibility and vocational rehabilitation needs;

(H) rehabilitation technology; (I) job development, placement, and re-

tention services; (J) evaluation.

Comparable Services

and Benefits Comparable services and benefits means services that are provided or paid for in whole or in part by other Federal, state, or local agencies and are available to the indi-

vidual at the time needed to further the progress of the individual towards achieving his/her identified employment outcome. The state plan shall include an assurance that prior to providing any VR services, the state agency will determine whether com-parable services and benefits are available under any other program unless such a de-termination would interrupt or delay: $ the progress of the individual toward

achieving the employment outcome identified in the IPE,

$ an immediate job placement; $ the provision of service to any indi-

vidual at extreme medical risk. [Section 101(a)(8)(A)(I)] Services exempt from the determination of comparable benefits and services in-clude assessment for determining eligibili-ty and VR needs; counseling and guid-ance, including information and support services to assist an individual in exercis-ing informed choice; referral and other services to secure needed services (from other agencies through agreements if not available under this title); job-related ser-vices, including job search and placement assistance, job retention services, follow-up services, and follow-along services; and rehabilitation technology, including telecommunications, sensory, and other technological aids and devices. [Section 101(a)(8)].

Amendments in 1998 to the Rehab Act added a new requirement that the Gover-nor, in consultation with the designated State VR agency and other appropriate agencies, develop interagency agreements or other mechanisms for interagency coor-dination between the designated State VR unit and any public entity, such as the State Medicaid program, a public institution of higher learning, or a component of the State workforce investment system to en-sure the identification of the financial re-

16

sponsibility for providing such services not exempted by the Act. If a public entity is ob-ligated under Federal or State law to pro-vide or pay for any services that are also considered to be VR services, such an enti-ty shall fulfill that obligation. If they fail to do so, the VR agency shall provide the service and then may claim reimbursement from the public entity based on the conditions and procedures for reimbursement in the written interagency agreement. [Section 101(a)(8)(B); 34 C.F.R. § 361.53 (d) and (e)].

See also – Funding for Post Secondary

Education

Competitive

Employment

Competitive employment means work in the competitive labor market that is per-formed on a full-time or part-time basis in an integrated setting for which the indi-vidual is compensated at or above mini-mum wage, but not less than the custo-mary and usual wage paid by an employ-er for the same or similar work performed by individuals who are not disabled. [34 C.F.R § 361.5(b)(11)].

See also – Employment Outcome; Job

Goal; and Integration Emphasis

Confidentiality Individuals who seek VR and/or CAP ser-vices are entitled by Federal law to have their personal information kept confidential. This means that neither the VR agency nor the CAP can release personal information about the individual – such as name, ad-dress, phone number, photographs,

records, or social security numbers – to an-

yone else unless the individual has given written consent for such a release. This also means that VR and CAP must use the per-sonal information they obtain about the in-dividual only for their own purposes, unless otherwise required by law or the individual has given written consent. [34 C.F.R. § 361.38 (VR agencies) and 34 C.F.R. § 370.48 (CAP)].

See also – Release of Information

Conflict of Interest There are several sections involving con-flict of interest by CAP employees and State Rehabilitation Council (SRC) mem-bers on issues involving: 1) CAP em-ployees working with other agencies re-ceiving federal funds under the Rehab Act.; 2) CAP employees serving as me-diator; 3) SRC members and staff. First, with the exception of CAPs that were designated to service-providing agencies based on the 1984 "grandfather clause" in section 112(c)(1)(A), an employee of a designated CAP agency cannot, while so employed, serve as a staff member of, or a consultant to, any rehabilitation program, project, or facility in the state which is re-ceiving federal assistance under the Re-hab Act. [34 C.F.R. § 370.41(a)(1)]. In addi-tion, since the 1992 amendments to the Act established the Protection and Advo-cacy of Individuals Rights (PAIR) Program as a formula grant program, any entity or individual who carries out any CAP duties or responsibilities while so employed shall not "provide any services under the Act, other than CAP and PAIR services." [34 C.F.R. § 370.41(a)(2)].

Second, an employee of a CAP agency cannot serve as a mediator in a dispute

17

between an individual and the state VR agency unless the CAP employee is not currently assigned to advocate for or represent the individual, and has never been involved in any way with representing or advocating for the individual involved in the mediation. [34 C.F.R. § 370.43(b)]. As a best practice, and to avoid even the appearance of a conflict in other cases, it is advised that a CAP employee never serve as a mediator in a case involving a VR agency or a CIL. Third, there is a conflict of interest provi-sion in Section 105 that establishes the requirements for the SRC. Section 105(e) states that Ano member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.@ Section 105(d)(4) further prohibits staff and personnel assisting the SRC from be-ing assisted in duties by any state agency including VR which would create a conflict of interest. See also – Designation of CAP Agency

Consumer Respon-

sibilities in the Reha-bilitation Process There are a number of responsibilities that a consumer should be willing to ac-cept to promote success in the rehabilita-tion process. Those responsibilities in-clude being willing to: ! Be an active participant in his/her own

rehabilitation – a true partnership of skilled counselor and informed con-sumer.

! Be open to visions of what is possible in lifelong careers, rather than settling for less.

! Be trained in problem solving by counselors who encourage them to make informed choices among agreed-upon options.

! Choose to include family, advocates, or service providers in identifying options.

! Be a self-advocate for access and eq-uity in services and for culturally sensi-tive counseling, language, and infor-mation.

! Be an active partner in helping identify options.

! Educate his/her counselor about his/her talents, strengths, values, re-sources, concerns, and career dreams as starting points to explore.

! Identify his/her own barriers in making informed choices.

! Identify and explore a range of career options.

! Prioritize viable options based on what is best for him/her.

! Learn to offset barriers through tech-nology, natural supports, and reason-able accommodations

! Make informed career choices consis-tent with identified strengths, re-sources, and abilities.

! Understand that he/she can disagree with his/her counselor and present additional information.

! Learn the skills needed to keep and advance in employment on his/her own in the future without the assis-tance of a counselor.

! Take ownership of decisions once they are made.

! Learn to become an active partner, if

18

not already prepared to be one.

! Recognize that the universe of choic-es is not infinite and that the counse-lor may need to say "no.”

Other Specific Consumer responsibil-

ities in the rehabilitation process may

include:

! Financial Participation – State policy may require consumers to assist in paying for their rehabilitation and to make every effort to locate additional sources of funding that may be used to pay for services.

! Satisfactory Performance – Consum-ers are responsible for doing the best that they can. If a client is in academic training, the counselor may want to see his/her grades.

! Follow-through – Consumers are re-sponsible for following through on plans and agreements. It is important that they know what they are respon-sible for, as well as their counselor‟s responsibility.

! Common Courtesies – Consumers are responsible for keeping appointments and being on time, or letting someone know if rescheduling is necessary.

! Keeping in Touch – Consumers should stay in touch with their counse-lors and report any changes in ad-dress, telephone number, medical condition, or other major changes that may affect the rehabilitation plan.

Continuation of

Service Pending an Appeal [Status Quo Provision] While a decision by a mediator, hearing officer, or reviewing officer is pending, the DSU may not institute a suspension, re-duction, or termination of services being provided for the individual – including evaluation and assessment services and plan development – unless the individual requests otherwise or the services were obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative. [Section 102(c)(7) and 34 C.F.R. § 361.57(b)(4)].

See also – Suspension, Reduction or Ter-

mination of Services During an Appeal

Cooperation,

Collaboration and Coordination with Other Programs The Act – in section 101(a)(11) – consoli-dates many former statutory requirements related to the State VR unit cooperating with other agencies for the provision of services to individuals. Since some of the requirements are carried over from former statutory provisions, the State VR agen-cies will need to assess their collaboration activities – including formal interagency agreements such as those with education programs responsible for the public educa-

19

tion of students with disabilities – to ensure that the already-implemented activities are consistent with new statutory provisions.

In addition, the statute now requires the DSU to enter into cooperative agree-ments with other components of the statewide workforce investment system and to replicate the statewide agreements at the local level between individual offic-es of the DSU and local entities carrying out activities through the statewide work-force investment system. [34 C.F.R. §§ 361.23; 361.24 and 361.28].

Cultural Competence Cultural Competence refers to a pro-gram=s ability to honor and respect those beliefs, interpersonal styles, attitudes, and behaviors both of individuals who are clients and staff who are providing servic-es. Competence also implies skills which help to translate these values into action and behavior within the context of daily interactions. To do this effectively, there must be a commitment at the levels of policy, administration, and practice to provide services that are consistent with the cultural beliefs and styles of the indi-viduals being served. Becoming culturally competent is a deve-lopmental process and may be viewed as a goal towards which programs or agen-cies can strive. It requires that staff de-velop an understanding of the way in which our individual cultural beliefs and values influence our interpersonal styles, attitudes, and beliefs. It also requires staff at all levels of an organization to develop skills to enable them to work more effec-tively with individuals from a variety of ethnic and disability groups.

Culturally Competent

Supports Supports should go beyond simply an awareness that there are different cultural perspectives to having a number of so-phisticated methods for respecting and infusing preferred cultural references into each person=s supports.

Designated State

Agency (DSA)

Designated State agency or State agency means the sole State agency – designated according to federal regulatory require-ments – to administer, or supervise local administration of, the State plan for VR ser-vices. The term includes the State agency for individuals who are blind, if designated as the sole State agency with respect to that part of the plan relating to the VR of individuals who are blind. [Section 7(8)(A) and 101(a)(1)(A); 34 C.F.R. § 361.13(a)].

Designated State

Unit (DSU)

Designated State unit or State unit means either– (i) The State agency vocational rehabili-

tation bureau, division, or other orga-nizational unit that is primarily con-cerned with vocational rehabilitation or vocational and other rehabilitation of individuals with disabilities and that is

20

responsible for the administration of the vocational rehabilitation program of the State agency; or

(ii) The independent state commission,

board, or other agency that has voca-tional rehabilitation, or vocational and other rehabilitation, as its primary func-tion. [Section 7(8)(B) and 101(a)(2)(B); 34 C.F.R. § 361.13(b)].

Designation of CAP

Agencies

In 1984, when CAP became a formula grant program, the Governor in each state and territory was given the responsibility of designating a public or private agency to conduct the State's CAP. The Gover-nor could designate only one agency within the State to operate the CAP and that agency had to be independent of any agency that provided treatment, services, or rehabilitation to individuals under the Act. However, a grandfather clause pro-vided that the Governor could, in the ini-tial designation done in 1984, designate such an agency if, at any time before February 22,1984, the State agency both (1) served as a CAP under Section 112 of the Act; and (2) was, at the same time, a grantee under Section 110 or any other provision of the Act. As a result, CAPs around the country were designated to a variety of agencies. Since then, there have been a number of CAP redesignations. In addition, in some states because of contract arrangements, the designated CAP agency and the agency that actually provides CAP advocacy ser-vices are different. Information regarding the designation, administration, and provi-sion of advocacy services for the 56 CAPs as of September 2007 is as follows:

In 26 states and 5 territories, CAP advocacy services are provided by the State Protection & Advocacy (P&A) System. This includes Ore-gon and DC, where CAP is desig-nated to a state agency that in turn contracts with the P&A.

In 8 states and Guam, CAP advoca-cy services are provided by either a nonprofit organization other than the P&A, a law firm, or a for-profit organ-ization. This includes Alaska and Maine, where the CAP is designated to a state agency that contracts with other organizations to provide advo-cacy services.

In 14 states, CAP is both desig-nated to, and advocacy services are provided by, a state agency. This includes 7 where CAP is “in-ternally” designated to the state VR agency.

In 2 states – New York and Cali-fornia – CAP advocacy services and administration are undertaken by both the designated CAP agen-cy and contractors. In New York, all P&A/CAP funds are designated to a state agency that provides some advocacy services, but con-tracts with ILCs, legal services or-ganizations, and other nonprofit organizations to provide CAP/P&A advocacy services. In California, VR is the designated state CAP agency that administers the pro-gram and contracts with ILCs to provide CAP advocacy services.

See also – Good Cause and Requirements

for Redesignation

21

Discretion to

Determine Services to be Provided CAPs are not obligated to assist an appli-cant or client when it is determined that the individual's dispute lacks merit. Although CAP has the discretion to determine when it is appropriate to provide services to an individual, CAP is expected to meet its ba-sic purpose of assisting applicants and clients in resolving differences and finding alternative solutions whenever possible. The option to exercise discretion is not in-tended to allow CAPs to systematically deny the range of services available to in-dividuals seeking assistance. See CAP’s Discretion to Determine Servic-

es to be Provided, RSA-PRM 4003- 86-18,

November 21, 1986 in Section 3.

Due Process The 1998 Amendments to the Act require that each State establish procedures for mediation and procedures for review through an impartial due process hearing of determinations made by personnel of the DSU that affect the provision of VR services to applicants or eligible individu-als. Applicants and eligible individuals must be informed of their right to obtain a review of such determinations, their right to pursue mediation with respect to such determinations, and the availability of as-sistance from CAP. Such notification must be made in writing when an individ-ual applies to the State VR program for services; when the IPE is developed; and

upon reduction, suspension, or cessation of VR services for the individual. The procedures established to meet the requirements of this section must, at a min-imum, provide an opportunity for the appli-cant or eligible individual, or as appropriate such individual=s representative, to submit evidence and information to support the po-sition of the individual, and allow the indi-vidual to be represented in the hearing by a person selected by the individual. Any due process hearing must be con-ducted by an impartial hearing officer (IHO) who is responsible for issuing a de-cision based on the provisions of the ap-proved State plan, the Rehab Act (includ-ing regulations implementing the Act), and State regulations and policies that are consistent with federal requirements. Such decision must be provided to the applicant or eligible individual or, as ap-propriate, such individual=s representa-tive, in writing and to the DSU. The state unit must maintain a list of qual-ified IHOs who are knowledgeable in the laws and regulations relating to the provi-sion of VR services under Title I of the Act. Individuals selected to serve as IHOs shall be identified jointly by the DSU and the members of the SRC. An IHO shall be selected to hear a particular case on a random basis or by agreement between the Director of the DSU and the individual requesting the hearing or, as appropriate, such individual=s representative. Regulations establish timelines governing key parts of the impartial hearing process and the process that may be established for the review of a decision rendered by an IHO. For example, a hearing must be held within 60 days of an individual=s re-quest for review of a determination, un-less an informal resolution is reached prior to the 60th day or the parties to the

22

dispute agree to a specific extension of this time. The IHO must render a decision and provide a full written report of the findings and grounds for the decision to the individual and the DSU within 30 days of the completion of the hearing. These and other timelines represent essential protections for individuals with disabilities and are intended to ensure that issues related to the provision of VR services are resolved in a timely fashion. [Section 102(c); 34 C.F.R. § 361.57].

See also – Appeal and Hearing Rights;

Continuation of Services Pending Appeal;

Mediation Requirements; Civil Action; Im-

partial Hearing Officer; Review of IHO De-

cision; Overturning or Modifying an IHO

Decision

Eligibility for CAP

Services CAP services are authorized only for ap-plicants/clients of rehabilitation services and other projects funded under the Act. This population is defined in the regula-tions as, "an individual receiving or seek-ing services under the Act." Individuals seeking or receiving services under any project or program funded under the Act, e.g., community rehabilitation programs, supported employment projects, inde-pendent living centers, American Indian projects funded under section 121, etc., would be included in CAP's target popula-tion. [34 C.F.R. § 370.4(b)].

CAP's available scope of services de-pends on the individual requesting assis-tance, as follow: $ Clients and client-applicants of pro-

grams funded under the Act are eligible to receive all available CAP services.

$ Individuals with disabilities who have an issue arising under Title I of the ADA may be eligible for all available CAP services if the problem is also connected to a service they are re-ceiving or seeking from a program funded under the Act. If not, these in-dividuals are only eligible to receive in-formation and referral services about their rights and services available un-der the Act and Title I of the ADA.

$ Individuals with disabilities who are not clients or client-applicants of pro-grams funded under the Act are eligi-ble to receive only information and re-ferral services from CAP regarding their rights and benefits available un-der the Act and Title I of the ADA. In the provision of such information, CAPs are directed to target individuals with disabilities who have traditionally been unserved or underserved by vo-cational rehabilitation programs.

$ The general public may receive infor-mation about the activities and re-sponsibilities of CAP. [see Section 112(a); 34 C.F.R. §§ 370.3 and 370.4].

Eligibility for VR

Services In order to receive services from a VR program, an individual must be found eli-gible. The DSU has responsibility for de-termining an individual's eligibility for VR services. In order for an individual to be determined eligible for VR services, the individual must first meet the criteria iden-tified in section 102(a)(1) of the Act. The first eligibility criteria for VR services is that the individual must meet the definition of an "individual with a disability," as speci-fied in section 7(20)(A) of the Act. This de-

23

finition has three elements: (1) the individ-ual must have a physical or mental im-pairment, which (2) for such individual constitutes or results in a substantial im-pediment to employment, and (3) the indi-vidual can benefit from VR services in terms of an employment outcome. Under section 102(a)(2)(A), an individual is pre-sumed to be able to benefit from VR ser-vices in terms of an employment outcome unless the DSU can demonstrate by clear and convincing evidence that such individ-ual is incapable of benefitting due to the severity of the individual=s disability. [34

C.F.R. § 360.42(a)2].

The 1992 amendments to the Act required the DSU to conduct an Aextended evalua-tion@ prior to making any determination of ineligibility based on the severity of a per-son=s disability. The 1998 amendments dropped the requirement for an extended evaluation (although it re-emerged to a degree in the federal regulations), but the State VR unit is now require to conduct trial work experiences prior to making a determination of ineligibility based on the severity of a person=s disability. The trial work period must be used to Aexplore the individual=s abilities, capabilities, and ca-pacity to perform in work situations,@ with appropriate supports provided by the DSU, except under limited circumstances when an individual is not able to take advantage of such experiences. The experiences must be “of sufficient variety and over a sufficient period of time to determine the eligibility of the individual, or to determine the existence of clear and convincing evi-dence that the individual” cannot benefit from VR services to achieve an employ-ment outcome. The second criterion for eligibility is that the individual must require VR services to prepare for, secure, retain, or regain em-ployment.

Beginning in 1998, Social Security Disabili-ty Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries were Apresumed eligible” for VR services. To benefit from this presumption, however, the SSI or SSDI beneficiary must intend to achieve an employment outcome. In other words, an applicant for VR services who is eligible for SSDI or SSI benefits is eligible for VR benefits, as long as they intend to use the VR services to attempt to achieve employment. The federal regulations pro-vide that by completing an application for VR services, the SSDI/SSI beneficiary has demonstrated intent to achieve an em-ployment outcome and no additional evi-dence is needed. As in every case, how-ever, the designated State VR unit may find an SSI or SSDI beneficiary ineligible if the unit can Ademonstrate by clear and convincing evidence that such individual is incapable of benefitting in terms of an em-ployment outcome@ from VR services due to the severity of the individual=s disability. [34 C.F.R. § 361.42(a)(3)]. Section 102(a)(4) requires the DSU to use currently existing information to the maximum extent possible in making eligi-bility determinations. In making eligibility determinations, particular emphasis is to be placed on using information provided by education officials and the Social Se-curity Administration, and by the individu-al and the individual=s family, as well as information obtained during the assess-ment for determining eligibility and VR needs. [34 C.F.R. § 361.42(d)]

Once an individual has been determined eligible for VR services, any service to be provided or funded by the VR agency must be specified in the IPE. [34 C.F.R. § 361.45]. For an historical perspective of the eligibility requirements prior to the 1998 amendments, see also Eligibility for Vocational Rehabilitation Services under Title I of the Rehabilitation Act of 1973, as amended, RSA IM-93-17 (5/11/93).

24

See also – Clear and Convincing Evidence;

Individualized Plan for Employment (IPE);

Presumption of Benefit; Time Frame for

Determining VR Eligibility; Use of Existing

Information

Employment

Network The Ticket to Work and Self-Sufficiency Program was a centerpiece of the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA). This program pro-vides SSDI and SSI beneficiaries more choices in receiving employment services. Under this program, the Social Security Administration (SSA) issues “Tickets” to eligible beneficiaries who may assign them to an Employment Network (EN) of their choice to obtain employment, VR, or other support services necessary to achieve a vocational goal. An Employment Network is any agency or instrument of a state (or political subdivi-sion), a for-profit private entity, or not-for-profit organization which is approved to op-erate as an EN. Once an EN is assigned a Ticket by an individual, the EN takes re-sponsibility for the coordination or the actual delivery of services to the individual identi-fied in an Individual Work Plan (IWP). ENs can be a single entity, a consortium, or an association of organizations colla-borating to combine resources to serve Ticket-holders. These include, but are not limited to; employers that offer (or arrange for) job training, vocational rehabilitation, support, retention, or other types of job-related services and/or assistance for in-dividuals with disabilities; a public or pri-vate entity that can provide directly or ar-range for appropriate employment servic-es including job readiness, placement,

VR, training, support, and/or retention services for individuals with disabilities; One-Stop delivery systems; State VR agencies under Title I of the Rehab Act (although different rules apply to VR agencies acting as an EN); or Organiza-tions administering VR Service Projects for American Indians with disabilities; an Alternate Participant (APs) currently op-erating under contract with SSA; or a pub-lic or private school providing appropriate employment-related skills training, VR services, transitional education, or career development services or programs. The Ticket Program is voluntary. Benefi-ciaries receiving Tickets may contact one or more ENs or the State VR agency to discuss services and going to work. The EN and the beneficiary must work together to design an IWP that will outline the ser-vices to be provided to enable the benefi-ciary to reach his or her employment goal. The Social Security beneficiary and the EN must agree to work together and sign a plan before services can be provided by the EN under the Ticket program. The Protection & Advocacy for Beneficia-ries of Social Security program (PABSS), funded through the Social Security Ad-ministration (SSA), may represent clients in disputes with ENs. For a complete list of ENs, go to www.yourtickettowork.com. Regulations for the Ticket to Work pro-gram can be found at 20 CFR part 411, published in the Federal Register, Vol. 66, no. 249, December 28, 2001. See also: TWWIIA and PABSS

Employment Outcome Employment outcome means, with re-spect to an individual, entering or retain-

25

ing full-time or, if appropriate, part-time competitive employment, as defined in 34 C.F.R. ' 361.5 (b)(11), in the integrated labor market to the greatest extent prac-ticable; supported employment; or any other type of employment including satis-fying the vocational outcome of self-employment, telecommuting, or business ownership. Such outcome should be con-sistent with the individual's strengths, re-sources, priorities, concerns, abilities, ca-pabilities, interests, and informed choice. [34 C.F.R. § 361.5(b)(16)]. According to RSA-IM-98-20, describing the Rehab Act Amendments of 1998,

the staggering unemployment of individuals with disabilities, can be reduced through the efforts of the VR program in assisting individuals with disabilities, especially individ-uals with the most significant dis-abilities, to prepare for and achieve employment outcomes to which they aspire and which are consistent with their strengths, re-sources, priorities, concerns, abili-ties, capabilities, and informed choice.

The 1998 Amendments addressed the need to increase successful employment outcomes through new provisions that emphasize telecommuting, self-employment and small business operation as legitimate employment outcomes. In section 103(a) of the Act, the amendments also add to the scope of authorized servic-es, technical assistance, and other consul-tation services for eligible individuals who are pursuing employment outcomes in self-employment or in a small business operation. On January 22, 2001, RSA issued a final regulation redefining the term Aemploy-ment outcome@ to mean outcomes in

which an individual with a disability works in an integrated setting. According to the preamble, the change was necessary to ensure that persons with disabilities are supported in pursuing competitive and supported employment, and is consistent with the Act=s emphasis on integration in-to society of persons with significant dis-abilities. [34 C.F.R. § 361.5(b)(16)] See also Employment Goal for an Individ-

ual with a Disability, RSA PD 97-04 (August

19, 1997). See also – Competitive Employment; Job

Goal

Ethics in Rehabilita-

tion Counseling

Ethics are the principles of conduct go-verning a group, and involve legal and

moral issues, as well as values. Professional codes of ethics exist to: 1. Provide a position on standards to

help in situations of conflict. 2. Protect the client from counselor not

fulfilling responsibilities. 3. Guarantee society that the counselor

will adhere to community standards. 4. Protect the profession from charges

against practitioners who do not ad-here to codes of ethics.

Licensed or certified professionals, such as Certified Rehabilitation Counselors must adhere to this code of ethics. For additional information, go to www.crccertification.com. See also – Certified Rehabilitation Counse-

lor Code of Ethics

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Extended

Employment Extended employment means work in a non-integrated or sheltered setting of a public or private nonprofit agency or or-ganization that provides compensation in accordance with the Fair Labor Standards Act. The designated State VR unit needs to provide support services to an individ-ual with a disability to enable the individu-al to continue to train or otherwise pre-pare for competitive employment, unless the individual through informed choice chooses to remain in extended employ-ment. [34 C.F.R. § 361.5(b)(19)].

Extended

Employment Reviews VR agencies are required to conduct an-nual reviews of individuals who achieve employment outcomes in an extended employment setting (such as a communi-ty rehabilitation program), or in any other employment in which the individuals is under the special minimum provision of the Fair Labor Standards Act, commonly called the section 14(c) provision, [29

U.S.C. § 214(c)]. Individuals working with employers operating under the Javits-Wagner-O‟Day (JWOD) Program may be likely working under the special minimum wage provision or within a segregated work environment and thus be subject to the review. The review by VR is to determine the in-dividual‟s interests, priorities, and needs with respect to competitive employment or training for competitive employment.

Maximum efforts must be made to assist the individual in engaging in competitive employment through the identification and provision of VR services, reasonable ac-commodations, and other necessary sup-port services. The individual with a disa-bility or, if appropriate, the individual's representative shall have input into the review and reevaluation and will need to sign an acknowledgment that the review and reevaluation has been conducted. This review shall be conducted annually for two years after the achievement of the out-come, and may be conducted after the second required review at the request of the individual or the individual's representative. [Section 101(a)(14); 34 C.F.R. § 361.55].

Federal Reporting Re-

quirements (RSA-227) RSA requires each designated CAP agency to submit an annual report on the operation of its program during the pre-vious year, including a summary of the work done and uniform statistical tabula-tions of all cases handled by the program. [34 C.F.R. § 370.44].

This report includes client demographic data, as well as information on the num-ber of requests received annually; the number of requests the CAP is unable to serve; and the reasons the CAP is unable to address all requests. Department of Education administrative regulations – found at 34 C.F.R. § 80.41(b)-(c) – also require the submission of financial reports to account for the ex-penditure of federal funds by the CAP agency. The RSA-227 form is due on or before

27

December 30 of each year, which is 90 days after the end of the fiscal year.

Financial Need

Testing There is no federal requirement that the financial need of an individual be consi-dered in the provision of any VR services. Many states, however, have established financial needs tests, referred to in the federal regulations as “participation in cost of services based on financial need.” If a state VR agency chooses to establish a financial needs test (FNT), it must es-tablish written policies governing the de-termination of financial need and identify-ing the specific VR services that will be subject to the financial needs test. These policies must be applied uniformly so that equitable treatment is accorded all indi-viduals with disabilities in similar circums-tances. The FNT further cannot require such high financial participation by the individual so that they effectively cannot obtain the VR service. The following services must be provided without regard to financial need: assess-ment for determining eligibility and priority for services; assessment for determining VR need; VR counseling and guidance; referral and other services necessary to secure services from other agencies, in-cluding components of the State Work-force Investment system; job-related ser-vices, including job search and place-ment; or any auxiliary aid and services. Individuals who are eligible for SSI or SSDI may not be subject to any financial needs test created by the designated state VR agency. [see 34 C.F.R. § 361.54].

Formula Grant

CAP became a formula grant program in 1984, with an appropriation of $6 million. During the past several fiscal years, CAP received the following amounts: FY 1998: $ 10,714,000 FY 1999: $ 10,928,000 FY 2001: $ 11,647,000 FY 2002: $ 11,897,000 FY 2003: $ 12,068,044 FY 2004: $ 11,996,797 FY 2005: $ 11,901,024

Funding for Post-

Secondary Education Section 103(a)(5) of the Rehab Act autho-rizes the use of VR funds to pay for

vocational and other training servic-es ... except that no training services provided at an institution of higher education shall be paid for with funds under this title unless maxi-mum efforts have been made by the designated State unit and the indi-vidual to secure grant assistance, in whole or in part, from other sources to pay for such training.

In an important Policy Directive on this topic, RSA states the following:

It is clear from these provisions that Congress intended that VR clients avail themselves of the numerous grant programs which are available to pay for higher education before VR program funds are used to pay these costs.

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This does not mean that a VR client can be required to take a student loan as a condition for receiving VR services. Any form of student finan-cial assistance that contains a pay-back requirement would not be con-sidered either grant assistance within the meaning of Section 103(a)(5) or a comparable benefit or service within the meaning of Section 101(a)(8).

Section 101(a)(8)(A)(ii) of the Act further clarifies that awards and scholarships based on merit are not to be considered as comparable benefits. For additional information see Provision of

Financial Assistance for Post-Secondary

Education By State Vocational Rehabilita-

tion Agencies, RSA PD-92-02 (November

21, 1991).

See Also – Comparable Services and Ben-

efits; Student Financial Aid; and Students

in Default

Good Cause for

CAP Redesignation

The Governor's authority to move the CAP designation from one agency to another is limited by section 112(c)(1)(B), which requires a Governor to demon-strate "good cause" before redesignating the CAP, and then only after providing public notice of the intention to make such redesignation and providing an op-portunity for public comment on the pro-posed redesignation. After the initial designation process in Oc-tober of 1984, any change in the designa-tion of the CAP requires that it be placed in an agency independent of any program providing treatment, services, or rehabili-

tation funded under the Act. [Section 112(c)(1)(A); 34 C.F.R. § 370.2 (c) and (d)]. The 1998 amendments made a further change to the requirements concerning the redesignation of CAP. Section 112(c)(1)(B)(ii) requires redesignation of an internal CAP (a CAP designated to the State VR agency) when the designated State VR agency undergoes any change in organizational structure that results in the creation of one or more new State agencies or departments. See also – Designation of CAP Agencies;

Requirement and Process for Redesigna-

tion of CAP

History of CAP Section 112(a) of the Rehab Act created CAP to provide assistance in informing and advising all individuals seeking or receiving services under the Act of all available bene-fits under the Act, and, upon request of such individuals, to assist them in their rela-tionships with the programs, projects, and facilities funded under the Act. The 1984 amendments to the Act made CAP a formula grant program and man-dated that all states and territories be giv-en grants to establish and operate CAPs. The Amendments further mandated that Governors designate an agency to im-plement CAP. Although the amendments required that CAPs be designated to an agency independent of any program pro-viding services under other parts of the Act, a grandfather clause permitted the designation of CAP to the state VR agen-cy if that agency had operated a discre-tionary CAP project at any time prior to February 22, 1984. The 1986 amendments expanded CAP's

29

mandate to include the provision of infor-mation on the services and benefits avail-able under the Act to any individual with disabilities in the state. The 1992 amendments expanded CAP's information and referral mandate to in-clude providing information on the availa-ble services and benefits under the Act and on Title I of the ADA, especially "to individuals with disabilities who have tra-ditionally been unserved and underserved by vocational rehabilitation programs." The 1992 amendments to the Act also strengthened CAP's role in systems ad-vocacy, incorporating language whereby the views of the CAP Director must be taken "into account in connection with matters of general policy arising in the administration of the State [VR] Plan," and the CAP director must be consulted "in the formulation of policies governing the provisions of VR services consistent with the State Plan and other revisions." In the 1998 amendments to the Act, the provision in section 112(g)(3)(A) that re-quired CAPs to use mediation procedures to the maximum extent possible prior to re-sorting to higher level remedies was changed to require CAPs to assure that, to the maximum extent possible, Aalternative means of dispute resolution@ are available for use at the discretion of an applicant or client prior to resorting to litigation or formal adjudication to resolve a dispute. The term Aalternative means of dispute resolution@ is defined in section 112(g)(3)(B). The 1998 amendments also made a change to the requirements concerning the redesignation of CAP. Section 112(c)(1)(B)(ii) calls for the redesignation of an internal CAP (a CAP designated to the State VR agency) when the DSA under-goes any change in organizational structure that results in the creation of one or more new State agencies or departments.

The 1998 amendments also dropped the reference to the Consumer Price Index in the Section 112(e)(1)(D)(ii) which pro-vides for an increase in the CAP minimum allotment when the CAP appropriation in-creases.

Impartial Hearing

Officer (IHO) An IHO is an individual who conducts a hearing on a client or client-applicant ap-peal. This person must be knowledgeable about the delivery of VR services, the State Plan under section 101, and the Federal and State regulations governing the provision of such services, and should have received training with respect to the performance of these official duties. Such individual may not be a member of the State Rehabilitation Council, or have any personal or financial interest that would be in conflict with the objectivity of the in-dividual. An IHO is employed by the agency for this purpose only and is ex-pected to render an impartial decision based on evidence and the prevailing law. [34 C.F.R. § 361.5(b)(25)].

See also – Appeal and Hearing Rights; Due

Process; Overturning or Modifying an IHO

Decision; Review of IHO Decision; and Re-

viewing Official

Independent Living

(IL) Services Independent living is both a philosophy and a service. The two are intertwined and cannot exist without the other. Key elements of independent living are:

30

1. Consumer controlled – IL recognizes, as nowhere before, the value of per-sons with disabilities and their abilities to make decisions, direct services, and judge outcomes. Many of the dramatic changes to the Rehab Act made with the 1992 amendments came from the IL community and phi-losophy.

2. Community based – IL recognizes that

the best services and outcomes are found in the community in which the individual lives. It also recognizes that unless the environment in which an individual with a disability finds himself in changes, all the work done for, to, and with the individual will be less than effective. That is, IL works on the community as well as the individual achieving rehabilitation.

3. Grassroots movement – IL is not a

system acting upon the population it serves, but rather the population act-ing upon the system. It is people with disabilities determining what changes are needed and working collectively and individually to bring about those changes to the community and them-selves.

[See Section 701; 34 C.F.R. § 364.2].

Eligibility: Individuals with significant dis-abilities [See Section 7(21)(B); 34 C.F.R. §

364.4] are eligible for IL services. Prior to 1998, the terminology used in the regula-tions differed from that used in the Act itself. Regulatory language referred to eli-gible individuals as having a Asignificant@ disability while statutory language used the term Asevere@ disability. Regardless of the term, the meanings and definitions are the same. The terminology was changed from Asevere@ to Asignificant@ in the regulatory process due to public comments and a search for more politi-cally sensitive language. The 1998

amendments adopted this change and made the statutory language consistent with the regulations. [See Section 703; 34 C.F.R. § 364.40]

Services: Many types of services may be delivered by IL centers; however, four core services must be provided:

1. Information and referral services; 2. Peer counseling; 3. Independent living skills training; 4. Systems and individual advocacy ser-

vices. [See Section 7(29); C.F.R. §§ 364.4 and 365.21(a)].

Other services which can be provided by ILCs are: 1. Counseling services; 2. Services related to securing hous-

ing or shelter; 3. Rehabilitation technology; 4. Mobility training; 5. Services and training for individuals

with cognitive or sensory disabilities, including life skills;

6. Personal assistance services; 7. Surveys, directories, and other ac-

tivities to identify appropriate hous-ing, recreation opportunities, and accessible transportation, and other support services;

8. Consumer information on rehabilita-tion and IL services available under the Act;

9. Education and training necessary for living in a community and partic-ipating in community activities;

10. Supported living; 11. Transportation, including training on the

use of public transportation systems; 12. Physical rehabilitation; 13. Therapeutic treatment; 14. Provision of needed prostheses and

other appliances and devices; 15. Individual and group social and re-

creational services;

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16. Training to develop skills specifically designed for youths who are indi-viduals with significant disabilities to promote self-awareness and es-teem, to develop advocacy and self-empowerment skills, and explore career options;

17. Services for children; 18. Services under other Federal, State,

or local programs designed to pro-vide resources, training, counseling, or other assistance of substantial benefit in enhancing the indepen-dence, productivity, and quality of life of individuals with significant disabili-ties;

19. Appropriate preventative services to decrease the need of individuals with significant disabilities assisted under the Act for similar services in the fu-ture;

20. Community awareness programs to enhance the understanding and in-tegration into society of individuals with significant disabilities; and

21. Any other services that may be ne-cessary (to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning indepen-dently in the family or community or to continue in employment) and that are not inconsistent with any other provisions of the Act.

[See Sections 7(17) and 704(d), (e),and (f); 34 C.F.R. § 364.4; Independent living servic-es and 34 C.F.R. §§ 364.42(b)(3), 264.43(a), and 365.31(a)].

Service Provision: Under Title VII of the Rehab Act, there are three different fund-ing streams for IL services: 1. Independent Living Services – Chap-

ter 1, Part B [See Section 713; 34 C.F.R. § 365.2.].

2. Centers for Independent Living –

Chapter 1, Part C [See Sections 721 and 724; 34 C.F.R. § 366.1 – 3].

3. Independent Living Services for Old-

er individuals Who are Blind – Chap-ter 2 [See Section 752; and 34 C.F.R. § 367.2].

In short, entities which can and do pro-vide IL services come in many assort-ments. They include DSUsand DSAs, centers for independent living (CILs), and other public and private agencies in the community. Funds available under this Title are allotted through direct grants to DSUs, DSAs, and CILs. Such funding can be used to make subgrants and contracts to other agencies. In addition, coopera-tion and coordination with other public and private agencies in the community are required by all directly funded entities. The State Plan for Independent Living (SPIL) must describe how all funds for IL (including federal, state, and local) will be used to provide IL services to individuals with significant disabilities and how exist-ing services in communities will be used (e.g. through cooperation and coordina-tion with other agencies). Services can be provided directly by DSUs, DSAs, and CILs, and by other public and private agencies in the com-munity who receive subgrants or con-tracts or who have increased their capaci-ties and understandings of the needs of individuals with significant disabilities through cooperation and coordination ef-forts or systems advocacy efforts. [See the State Plan for Independent Living (SPIL) for your state.]

Individuals receiving IL services

funded under Title VII are eligible for

CAP services: Any individual who ap-plies for services funded directly or indi-rectly under Title VII of the Act is eligible for CAP services. Therefore, an individual

32

who applies to an agency for services and the agency receives funds for those ser-vices either directly under the Rehab Act through federal grants or indirectly through subgrants or contract for services is eligible for CAP services. Since Federal funding for IL is inade-quate, a substantial amount of funding for IL services is obtained through other sources, such as State appropriations, private donations, and other community-based sources. Consequently, if an agen-cy provides a service funded with moneys other than those made available under the Rehab Act, the individual receiving those services would not be eligible for CAP services with regard to those servic-es. CAP only has jurisdiction over appli-cants for or consumers of services funded under the Act. Therefore, CAP needs to be sure that 1) the entity in question is funded at least partially with funds pro-vided under the Act; and 2) the services in question are funded at least partially with funds under the Act. [See 34 C.F.R. § 364.51].

Philosophy of IL The IL philosophy and, thus, IL services emphasize community capacity building and consumer empowerment. Therefore, while funded entities can do many things for consumers, it is preferred that they assist consumers in doing for themselves and working in the community to increase the capacity of existing systems to better serve individuals with significant disabili-ties.

Independent Living Services for Older

Individuals Who Are Blind – Ch. 2 Unlike the rest of Title VII, older blind ser-vice funds are specifically earmarked for a distinct group of individuals with a spe-cific disability. Since this program has dif-

ferent eligibility criteria and service op-tions as well as funding methods, this chapter needs to be examined separately.

Eligibility: For purposes of Title VII, Chapter 2, the provision of services is li-mited to individuals: 1. Who are 55 or older; and 2. Whose severe visual impairment

makes competitive employment ex-tremely difficult to attain, but for whom independent living goals are feasible.

[See Section 751 and 34 CFR 367.5 older individual who is blind].

Services: Since eligibility criteria are somewhat different for this program, so are service options. In addition to those options listed as possible independent living services, Chapter 2 lists other spe-cific services, including: 1. Services to help correct blindness,

such as outreach; visual screening; and surgical or therapeutic treat-ment, including hospitalization re-lated to such treatment;

2. The provision of eyeglasses and other visual aids;

3. The provision of services and equipment to assist an older individ-ual who is blind to become more mobile and self-sufficient;

4. Mobility training, Braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness;

5. Guide services, reader services, and transportation;

6. Any other appropriate services des-ignated to assist an older individual who is blind in coping with daily living activities;

7. Independent living skills training; in-formation and referral services; peer counseling; and individual advocacy

33

skills training; and 8. Other independent living services, as

defined in Section 7(18). [See Section 752(d) and (e); 34 C.F.R. § 367.3(b)].

Service Provision: All grants under Title VII, Chapter 2 must go directly to the DSU identified in the state to provide services to individuals who are blind. In some states, there is a separate State Agency for the Blind. In other states, the State VR agency is responsible for serving individ-uals who are blind. The State Plan for In-dependent Living (SPIL) must identify the entity (DSU) for funds to be given to the state. The DSU may, in turn, subgrant or contract to other public or private agen-cies for the provision of part or all the ser-vices further identified in the SPIL.

Obtaining Services

1. Application: The first thing to do is to determine how IL services are pro-vided in the state. This can best be done by contacting the local VR office. They should be able to explain how IL services are provided in the state.

The client should contact that entity

(state VR agency, local CIL, or other service provider) and state their desire for IL services. This should begin the application process.

2. Eligibility: Various arrangements can be set up for the determination of eligi-bility for IL services. The exact mechan-ism for any given state can be found in its SPIL. The local VR office can also provide information. The authorized ent-ity reviews necessary documentation and determines whether or not the per-son fits the criteria set forth in the sta-tutes and regulations. [See Section 703;

34 C.F.R. § 364.40]. A formal determina-

tion of eligibility should be documented somewhere in the IL files of every reci-pient of services.

3. Development of an Independent

Living Plan (ILP): Once a person is found eligible for IL services, it is ne-cessary to develop an ILP. This plan, in accordance with IL philosophy, re-quires joint development – that is, an agreement between the appli-cant/client/consumer and the service provider concerning what services are needed and how they will be provided.

The consumer has the option of waiv-

ing the necessity/right to an ILP. Such a waiver must be documented in writ-ing. Remember, though, the develop-ment and existence of an ILP may be for your client‟s benefit, in that it doc-uments the services agreed upon and how they will be provided. Consider the ILP to be a living document that is always subject to review and revision when circumstances change.

4. Services: The services your client may expect are dependent upon several factors, primarily need. The consumer should sit down with the IL services provider and determine their specific needs. These services can be provided in a variety of methods – referral to other agencies, provision of services by the IL provider, or assistance by the IL provider in achieving their particular goals through their own efforts.

The SPIL should identify the type of

services available. If these services are provided through a network of lo-cal CILs or through contracts with oth-er agencies, you may need to request information from those entities as to their grant applications and contracts.

5. IL Case Closure: An ILC can close a

34

case for several reasons, including: completion of the existing ILP after re-view to determine if any other services are required; agreement between the ILC and the individual to close the case; or a determination that the case needs to be closed by either party. Determinations such as the latter are appealable if the service provider de-termines the case needs to be closed and provides the consumer with a writ-ten explanation of the reason for that closure. The service provider must have a mechanism in place for ap-pealing such decisions. CAP can as-sist with this process.

Individual Advocacy Individual advocacy may include, but is not limited to: $ investigating grievances and following

up on complaints; $ informing people of their rights and

responsibilities with regard to services and benefits available under the Act;

$ helping people secure their rights; $ analyzing a problem and pinpointing

areas of responsibility; $ assisting in identifying options that

might resolve a problem; $ providing necessary tools for appro-

priate decisions and actions; $ promoting self-advocacy by helping

people help themselves; $ building confidence so people will be

comfortable when self advocating; $ supporting efforts to promote inde-

pendence; $ advocating and/or interceding on be-

half of people when they are unable to help themselves; and

$ providing assistance in locating ap-propriate services.

Individualized Plan

for Employment (IPE) An IPE (formally known as the Individua-lized Written Rehabilitation Program (IWRP)) is a critical document in the VR process. It contains important information on the employment goal of the individual, the VR services necessary to reach the goal, and the services VR agrees to pro-vide. The IPE shall be developed and im-plemented in a manner that affords the eli-gible individual the opportunity to exercise informed choice in selecting an employ-ment outcome, the specific VR services to be provided under the plan, the entity that will provide the VR services, and the me-thods used to procure the services. Provisions adopted as part of the 1998 amendments enhance the collaborative relationships between the eligible individ-ual and the qualified VR counselor with respect to the development, implementa-tion, and evaluation of the IPE. An eligible individual now has several options for the development of the IPE. The individual may:

1) Develop the IPE without assistance; 2) Develop the IPE with assistance from

a qualified VR counselor in completing all or part of the IPE;

3) Develop the IPE with technical assis-

tance from another source, based on information provided by the DSU; or

4) Have the individual=s representative

develop the IPE on forms provided by the designated State with or without assistance provided by the DSU.

[Section 102(b)(1)].

35

Any service to be provided or funded by the VR agency must be specified on the IPE. Services under an IPE must be provided in the most integrated setting that is both appropriate to the service being provided and also reflects the informed choice of the individual. The IPE must...

Be developed and implemented in a timely manner subsequent to the de-termination of the eligibility of the indi-vidual for services under this title.

Be designed to achieve the specific employment outcome selected by the individual with the disability.

Be consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, inter-ests, and informed choice.

To the maximum extent appropriate, result in employment in an integrated setting.

Be a written document prepared on forms provided by the DSU.

Be designed to include a description of services including the: 1. chosen employment outcome; 2. specific VR services needed to

achieve the employment out-come, including the setting in which those services will be pro-vided;

3. entity chosen to provide the ser-vices;

4. evaluation criteria; 5. terms and conditions for receipt

of services; and 6. as appropriate, statement of pro-

jected need for post-employment services

Be implemented in a manner that gives eligible individuals the opportuni-

ty to exercise choice in selecting the entity to provide VR services.

Be designed to include information regarding related services and bene-fits.

Agreed to, and signed by, such eligi-ble individual or, as appropriate, the individual's representative.

Approved and signed by a qualified VR counselor employed by the DSU.

Be provided in the native language or mode of communication of the indi-vidual.

Be copied to ensure that the individual has his/her own copy of the final doc-ument.

Be reviewed on at least an annual ba-sis by the individual and a qualified rehabilitation counselor and, if neces-sary, amended if there are substantive changes in the employment outcome, the services to be provided, or the service providers.

The IPE must also include:

The extended services needed by an individual in supported employment and the source of extended services (or basis for concluding that there is reasonable expectation that such source will become available); and

Due process rights and information on the availability of CAP.

Section 101(a)(9) clarifies that if a state is on an order of selection, the IPE needs only to be developed for individuals who are in the open categories of the Order of Selection. [Section 102(b); 34 C.F.R. § 361.45]. See Also – Authorization for VR Services;

Eligibility for VR Services

36

Individual with a

ADisability@ For purposes of eligibility for Titles I, III, and VI services, an individual with a disa-bility means an individual who has a physical or mental impairment, which for such individual constitutes or results in a substantial impediment to employment, and who can benefit in terms of an em-ployment outcome from VR services. [Section 7(20); 34 C.F.R. § 361.5 (b)(27)].

See also – Individual with a ASignificant

Disability@; Individual with a AMost Signifi-

cant Disability@

Individual with a

AMost Significant

Disability@ There is no federal definition of an indi-vidual with a “most significant disability.” Federal regulations require each state to determine which individuals fit such crite-ria through refinement of the criteria for an “individual with a significant disability.” Each state makes this decision in consul-tation with the State Rehabilitation Coun-cil. [34 C.F.R. §§ 361.5(b)(30) and 361.36(d)]

VR agencies are required to give assur-ances that, in accordance with criteria es-tablished by the state for an order of se-lection, individuals with a “most significant disability” will be selected first for the pro-vision of VR services anytime the agency determines that it cannot serve all eligible individuals who apply for services.

See also – Individual with a ADisability@; Individual with a ASignificant Disability@

Individual with a

?Significant Disability@ According to Sec 7 (21), an 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 voca-tional rehabilitation services over an extended period of time; and

(iii) Who has one or more physical or mental disabilities resulting from am-putation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophi-lia, respiratory or pulmonary dysfunc-tion, mental retardation, mental ill-ness, multiple sclerosis, muscular dystrophy, musculo-skeletal disord-ers, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities deter-mined on the basis of an assessment for determining eligibility and voca-tional rehabilitation needs cause comparable substantial functional li-mitation. [34 C.F.R. § 361.5(b)(31)].

37

Section 102(a)(3)(A)(i) of the Act stipu-lates that an SSDI or SSI beneficiary is to be considered an individual who meets all of the elements of the definition of the term Aindividual with a significant disabili-ty@ in section 7(21)(A) of the Act. Only individuals meeting the above crite-ria may be provided with Independent Liv-ing and Supported Employment Services. See also – Automatic Determination of

SSI/SSDI as Individual with ASignificant Dis-

ability@; Individual with ADisability@; Individ-

ual with a AMost Significant Disability"

Information and

Referral Services The DSA will implement an information and referral system adequate to ensure that individuals with disabilities – including eligible individuals who do not meet the agency's order-of-selection criteria for re-ceiving VR services (if the agency is op-erating on an order of selection) – are provided accurate VR information and guidance (which may include counseling and referral for job placement) using ap-propriate modes of communication to as-sist them in preparing for, securing, re-taining, or regaining employment. This includes referring individuals with disabili-ties to other appropriate Federal and State programs, including other compo-nents of the statewide workforce invest-ment system. [34 CFR 361.37].

Informing Clients

About CAP Section 20 of the 1992 amendments to the Act mandates that all programs and projects providing services under the Re-hab Act (including ILCs, community reha-bilitation programs, Projects With Indus-tries (PWI), supported employment projects, etc.) inform their clients and client-applicants about the availability and purpose of CAP, including information on the means of seeking assistance under such programs. Section 102(a)(5)(C) requires the State VR agency to ensure that any determina-tion of ineligibility made prior to the initia-tion of an IPE will include a description of the availability of services provided by CAP and information on how to contact the CAP program. In addition, section 102(b)(1)(D)(ii) requires each IPE devel-oped by the State VR agency to include a description of the availability of CAP and information on how to contact CAP. Finally, section 102(c)(2)(B) requires each DSA to include in the procedures that it establishes for an impartial due process review of determinations made by per-sonnel of the DSU that affect the provi-sion of VR services to include written noti-fication about the availability of assistance from CAP. The notification must occur at three points in the rehabilitation process: (1) at the time of application for VR ser-

vices; (2) at the time the IPE is developed;

and (3) upon reduction, suspension, or ces-

sation of VR services.

38

Integrated Setting

With respect to the provision of services, integrated setting means a setting typical-ly found in the community in which appli-cants or eligible individuals interact with individuals without disabilities other than those providing services to applicants or eligible individuals.

With respect to an employment outcome, integrated setting means a setting typical-ly found in the community in which appli-cants or eligible individuals interact with t people without disabilities, other than those who are providing services to appli-cants or eligible individuals, to the same extent that individuals without disabilities in comparable positions interact with oth-er persons. In other words, a job site where the majority of the workers do not have disabilities, and where there is regu-lar contact between persons who have disabilities and those who do not.

See also – Competitive Employment; Em-

ployment Outcome; and Job Goal

Integration Emphasis

in the Rehab Act The Rehab Act contains numerous refer-ences that place increased emphasis on the goal of integration. The statement of "Findings, Purpose, and Policy" states that individuals with disabilities have a right to "enjoy full inclusion and integra-tion into the economic, political, social, cultural, and educational mainstream of American society.” It also references that

increased employment of individu-als with disabilities can be achieved through implementation of statewide workforce investment systems... that provide meaningful and effective participation for indi-viduals with disabilities in work-force investment activities and ac-tivities carried out under the voca-tional rehabilitation program...and through the provision of indepen-dent living services, support ser-vices, and meaningful opportuni-ties for employment in integrated work settings through the provision of reasonable accommodations.

It highlights that one of the goals of the nation is to provide individuals with dis-abilities the tools necessary to "achieve equality of opportunity, full inclusion and integration in society, employment, inde-pendent living, and economic and social self-sufficiency." The 1998 Amendments place increased emphasis on the requirement that as-sessment services and services under an IPE must be provided in the most inte-grated setting that is both appropriate to the service being provided and also re-flects the informed choice of the individual.

JWOD The Javits-Wagner-O'Day (JWOD) Pro-gram provides employment opportunities for over 36,000 Americans who are blind or have other severe disabilities by or-chestrating Government purchases of products and services provided by non-profit agencies employing such individu-als throughout the country. In 1938, the Javits-Wagner-O'Day Act was passed under President Franklin D. Roosevelt in

39

order to provide employment opportuni-ties for people who are blind by allowing them to manufacture mops and brooms to sell to the Federal Government. In 1971, under the leadership of Senator Jacob Javits, Congress amended this Act (41 U.S.C. § 46-48c) to include people with severe disabilities and allow the Pro-gram to also provide services to the Fed-eral Government. The Committee for Purchase From People Who Are Blind or Severely Dis-abled (www.jwod.gov) is the JWOD Pro-gram's Federal overseer. Through two central nonprofit agencies – National In-dustries for the Blind (www.nib.org) and NISH (www.nish.org) – the Committee currently works with over 600 nonprofit agencies across the country, as well as in Puerto Rico and Guam, to provide em-ployment opportunities to people with se-vere disabilities.

Job Coaching Job coaching is a service which includes, but is not limited to, intensive on-the-job training necessary to teach an employee both the job duties and job-related re-sponsibilities, such as transportation, co-worker relationships, taking breaks, etc. It may include interaction with the employer, supervisor, and co-workers and assist in the integration of the employee, spot-checking performance, determining em-ployer satisfaction, coaching/training in new duties, and other responsibilities to assure job retention by the employee. See also – Ongoing Support Services;

Supported Employment

Job Goal The employment goal for an individual with a disability receiving services under the State VR Services Program (autho-rized by Title I of the Act) must be based, primarily, on the individual's strengths, resources, priorities, concerns, abilities, and capabilities. The employment goal also must reflect the individual's interests and informed choice to the extent that those factors are consistent with the indi-vidual=s abilities and capabilities and, to the maximum extent appropriate, results in employment in an integrated setting. [34 C.F.R. § 361(a)(1)].

Factors such as the local economy or lo-cal labor conditions (i.e., job availability in the community) are external factors that may be considered, but cannot by them-selves be determinative of whether the employment goal is appropriate. These considerations apply to the devel-opment of employment goals for both in-dividuals who are not currently employed and individuals who are seeking to ad-vance in their present careers. See Employment Goal for an Individual

with a Disability, RSA-PD-97-04 (August

19, 1997).

See also – Competitive Employment; Em-

ployment Outcome

Know Your Client

Rights Be knowledgeable about the entitlement and laws that define the rights of your

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clients. In order to be an effective advo-cate you must be knowledgeable and know your client=s rights.

Client Rights in the Rehabilitation

Process include the right to:

Make meaningful and informed choices;

Be a partner in the planning of voca-tional goals and rehabilitation services;

Apply or reapply for services;

Confidentiality of personal information in the VR case record;

Review most of the information of the case file (exceptions need to be ex-plained by the counselor);

Consult with the counselor before the case is closed;

Appeal through administrative review, mediation, and fair hearing; and

Be informed of the availability of CAP.

Non-Discrimination. Rehabilitation services must be provided on a non-discriminatory basis without re-gard to race, color, creed, national origin, or disability.

Legal Remedies The Rehab Act allows a person to appeal the decision of an impartial hearing offic-er, or the decision of a state reviewing of-ficer after a fair hearing – if your state has adopted this procedure – in federal or state court. A person may also have a le-gal remedy under Section 504 of the Re-hab Act, Title II or III of the ADA if a state agency or VR service provider does not provide accommodations to make a pro-gram accessible. In some cases, a deci-

sion by VR, how the decision was reached, or how the decision was com-municated to the client, may violate a provision of the U.S. or state constitution. A CAP agency is allowed to pursue legal remedies on behalf of a client, so long as the representation is in connection with rights to the provision of services under the Rehab Act. Thus, a CAP agency may not bring a disability discrimination claim against a private business or a state agency that is not providing a service un-der a program funded by the Rehab Act. CAP may, however, pursue legal action against a state VR agency under Section 504 of the Rehab Act or under the ADA for failure to provide any required ac-commodation. CAP is not allowed to act as a “general advocacy agency for all disabled persons.” Federal regulations require that each state assure that the designated CAP agency has the authority to pursue legal, administrative, and other appropriate re-medies on behalf of the client. This au-thority must include the ability to pursue legal remedies against any appropriate state agency, including the VR agency. A state satisfies this obligation if that CAP agency can take legal action by itself, or can obtain outside legal representation. [Section 112(g)(4): 34 C.F.R. §§ 370.20(b) and 370.48(d)].

See CAP Involvement with Title V, RSA-

PRM 4003, 85-14 (May 29, 1985)

See also – Appeal and Hearing Rights; Civ-

il Action; Class Action Prohibition Due

Process

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Limit on Access to

CAP Records CAPs are not required to disclose any per-sonally identifiable information regarding individuals requesting CAP assistance in connection with periodic audits, reports or evaluations by the funding agency. [Section 112(g)(4) and 34 C.F.R. § 370.48(d)].

Maintenance Maintenance consists of monetary support provided to an individual participating in a vocational assessment or plan of services for those expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's partici-pation in a program of VR services. It is provided in support of other services and not as an independent service. The 1998 amendments broadened the scope of maintenance to encompass both assessment services and services under an IPE. Federal regulations at 34 C.F.R. § 361.5(b)(35) contain examples of ex-penses that would be meet the definition of maintenance. [Section103(a)(7); 34 C.F.R. § 361.48(g)].

Maximizing

Employment The purpose of the Rehab Act is to Aem-power individuals with disabilities to max-imize employment, economic self-

sufficiency, independence, and inclusion and integration into society...@ [Sec. 2(b)(1)].

The purpose of Title I of the Act is to Aas-sist States in operating statewide compre-hensive, coordinated, efficient, and ac-countable programs of VR and indepen-dent living for individuals.@ [Sec. 100(a)(2)]. Maximization language was first added to the Act during the 1986 reauthorization. Legislative history emphasizes the Con-gressional intent of the 1986 amendments:

[T]he overall purpose of the Act is to develop and implement com-prehensive and coordinated pro-grams of rehabilitation for… indi-viduals [with disabilities] which will maximize their employability, inde-pendence and integration into the work place and the community. The Committee views [the Act] as a comprehensive set of programs designed to meet the broad range of needs of individuals with [dis-abilities] in becoming integrated in-to the community and in reaching their highest level of achievement.

[Section 2(b)]

See also – State Vocational Rehabilitation

Services Program

Mediation

Requirements Although CAPs are required to have the capacity to pursue legal action on behalf of their clients, section 112(g)(3)(A) re-quires that the CAP agency establish pro-cedures which assure that, to the maxi-mum extent possible, alternate means of dispute resolution are available for use at the discretion of an applicant or client

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prior to resorting to administrative or legal remedies. When CAP's governing regulations were revised to address changes in the 1992 amendments to the Act, RSA incorpo-rated a very strict definition of mediation. According to the revised regulations,

mediation means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to settle differences or disputes between persons or par-ties. The third party who acts as a mediator, intermediary, or concilia-tor may not be any entity or individ-ual who is connected in any way with the eligible system or the agency, entity, or individual with whom the individual with a disability has a dispute. Mediation may in-volve the use of professional me-diators or any other independent third party mutually agreed to by the parties to the dispute.

Since this definition requires the use of "mediation procedures" which are much more formalized than the mediation pro-cedures most CAPs had used to date, NDRN asked RSA to develop a technical assistance circular (TAC) to provide subs-tantive guidance on how CAPs can meet this regulatory requirement. (see RSA=s TAC-97-01 on What a Designated Client As-sistance Agency Must Do To Satisfy the Med-iation Procedures Requirement.) The 1998 amendments to the Act incorpo-rated a new section on mediation [Section

102(c)(4)] requiring states to establish and implement procedures to allow parties to resolve a dispute through a mediation process that shall be available, at a mini-mum, whenever a hearing is requested. Such mediation procedures shall ensure that the mediation process is voluntary on

the part of the parties, is not used to deny or delay the right of an individual to a hear-ing or to deny any other right afforded un-der Title I of the Act, and is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. These mediators must also be knowledge-able in laws, including regulations, relating to the provision of VR services. The regulations at 34 C.F.R. § 361.57 re-quire that mediation sessions be sche-duled and conducted in a timely manner and held in a location and manner that is convenient to the parties. Under the regulations, discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. Any agreement reached by the parties in the mediation process must be described in a written mediation agreement that is de-veloped with the assistance of the quali-fied and impartial mediator and signed by both parties. Copies of the agreement must be sent to both parties. According to section 102(c)(4)(D) the State shall bear the cost of this mediation process. See also – Appeal and Hearing Rights

Monitoring of CAP

Agencies When CAP became a formula grant pro-gram in 1984, the responsibility for moni-toring and evaluating individual CAPs was assigned to the RSA Regional Offices. Since the closing of the Regional offices in 2005, responsibility for monitoring is now with the RSA office in Washington, DC.

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In February 1998, RSA issued a Revised Monitoring and Technical Assistance Guide for The Client Assistance Program (IM-98-09), which provides guidance for conducting on-site reviews. Following the format of the guide ensures consistency between the various CAP monitoring re-views and makes sure all necessary compliance issues are reviewed. This in-strument will be revised periodically and reissued as deemed appropriate and ne-cessary by RSA. As of Summer 2007, there is no indication when RSA will con-duct any on-site reviews of CAPs. The information obtained during the re-view assists RSA in assessing the need for technical assistance and training for specific CAP programs; enables RSA to identify specific CAP practices; deter-mines technical assistance and policy de-velopment needs for CAPs, in general; and assists RSA in strengthening CAPs‟ effectiveness.

See also – Administering Agency for CAP;

RSA Regional Offices (RSA)

NDRN The National Disability Rights Network (NDRN) is the nonprofit membership or-ganization for the federally mandated Pro-tection and Advocacy (P&A) Systems and Client Assistance Programs (CAP). The continuous expansion of the P&A/CAP network demonstrates not only the growing needs of children and adults with disabilities and their families, but also strong Congressional support for the Network and the critical work it does on behalf of constituents with disabilities. As the voluntary membership organiza-

tion of the P&A/CAP Network, NDRN works to:

Shape Public Policy

Monitor Laws and Policies

Impact Significant Cases through Amicus Activity

Provide Additional Membership Ser-vices; and

Provide Training and Technical As-sistance through the Training and Advocacy Support Center (TASC)

NDRN maintains a fully accessible web-based collection of resource materials (www.NDRN.org) and a password-protected section (www.NDRN.org/TASC) designed for the exclusive use of P&As/CAPs. See also – TASC; P&A/CAP System

Notification of

Availability of CAP The Rehab Act and federal implementing regulations specify a duty of the VR agency to notify clients and applicants of the availability of the CAP and the servic-es available from the CAP. The VR agency must inform individuals about CAP during the following times in the VR process:

Application for VR services.

The development of the IPE.

Placement on an order of selec-tion (if the state has an order of selection).

Whenever services are reduced, suspended, or terminated.

See also – Informing Clients About CAP

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Obligation of CAP

Funds Prior to the passage of the Rehab Act Amendments of 1992, each CAP agency was required to obligate all funds re-ceived under Section 112 of the Act by the end of the fiscal year for which the funds were made available. In addition, each state grantee was required to ex-pend all such obligations within 90 days after the close of the fiscal year. The 90-day period could be extended if a written request was submitted and approved by RSA. Since section 19 of the Rehab Act Amendments of 1992 was adopted, how-ever, all formula grant programs autho-rized under the Act (including CAP and the VR program) may now carryover funds which are not obligated and ex-pended prior to the beginning of the suc-ceeding fiscal year. Hence, such funds can now remain available for obligation and expenditure by these grantees during the entire succeeding fiscal year.

Office for Civil

Rights (OCR) The Office for Civil Rights (OCR), located in the U.S. Department of Education (as well as other federal departments), is a law enforcement agency. It is charged with enforcing the federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age in programs and activities that receive federal financial assistance. These laws are as follows:

Title VI of the Civil Rights Act of 1964 (race, color, and national origin dis-crimination)

Title IX of the Education Amendments of 1972 (sex discrimination)

Section 504 of the Rehabilitation Act of 1973 (disability discrimination under federal grants and program)

Age Discrimination Act of 1975 (age discrimination)

Title II of the Americans with Disabili-ties Act of 1990 (disability discrimina-tion by public entities, including public school districts, public colleges and universities, public vocational schools, and public libraries, whether or not they receive Federal financial assis-tance)

These civil rights laws represent a nation-al commitment to end discrimination in educational programs. The laws also work toward promoting the Department's mission: ensuring equal access to educa-tion and promoting educational excel-lence throughout the nation. Any client or client-applicant of a project, program, or facility funded under the Act (including CAP) who believes that they may have been discriminated against may file a complaint with the OCR. The right to file a complaint is in addition to any other legal rights an individual may have, such as bringing a civil action in state or federal court. Information on how to file a complaint, can be found online at www.ed.gov/about/ offices/list/ocr/.

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Ongoing Support

Services

Ongoing support services – as used in the definition of ASupported Employment@ – are services needed to support and main-tain an individual with a most significant disability in supported employment. These services are identified based on a deter-mination by the DSU of the individual's needs as specified in an IPE and are fur-nished by VR from the time of job place-ment until transition to extended services, unless post-employment services are pro-vided following transition. Support services are provided thereafter by one or more ex-tended service providers throughout the individual's term of employment or multiple placements if those placements are being provided under a program of transitional employment. Services must include an assessment of employment stability and the provision of specific services or the coordination of ser-vices at or away from the worksite. Such services should include, at a minimum, monitoring twice a month and, as neces-sary, the provision of skilled job trainers; job development and training; social skills train-ing; regular observation or supervision of the individual; follow-up services with regu-lar contact with the following, as necessary: employer; individual; parents, family mem-bers, guardians, advocates or authorized representatives; and other suitable profes-sionals and informed advisors. These regu-lar contacts must focus on reinforcing and stabilizing the job placement, and facilitating natural supports at the worksite. Other VR services may also be required to support and maintain the individual in employment. [34 C.F.R. § 361.5(b)(33)]. See also – Supported Employment

On-the-Job Training

(OJT) On-the-job training (OJT) consists of learning to do a job by receiving instruc-tion while performing at the actual job site. Normally, the instruction is given by the employer or another employee, and the individual learning the job is usually paid, like any other employee. In providing OJT as a service, VR may reimburse the employer for a percentage of the employee=s wage, often on a de-creasing percentage basis as the em-ployee becomes more skilled and useful to the business.

Order of Selection Section 101(a)(5)(A) of the Act requires a State VR agency to explain how it will provide VR services to all eligible individ-uals or, if it cannot provide services to all these individuals, to describe and justify the order of selection the agency will fol-low in serving eligible individuals, with the first priority being given to individuals with the most significant disabilities, as de-fined by the State. Factors that cannot be used in determin-ing order of selection include– (i) Any duration-of-residency require-

ment, provided the individual is present in the State;

(ii) Type of disability; (iii) Age, gender, race, color, creed, or

national origin; (iv) Source of referral;

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(v) Type of expected employment outcome; (vi) The need for specific services or an-

ticipated cost of services required by an individual; or

(vii) The income level of an individual or an individual's family.

[34 C.F.R. § 361.36(c)(2)].

The State plan must assure that eligible individuals who do not meet the State=s order of selection will have access to the information and referral system imple-mented under section 101(a)(20). Regulations necessary to ensure the proper administration of the order of selec-tion can be found at 34 C.F.R. § 361.36. See also – Individual with a “Most Signifi-

cant Disability”

Outreach CAP outreach activities should be di-rected to current applicants and clients of programs, projects and facilities funded under the Act, including activities in-tended to reach populations of individuals that are unserved or underserved by such programs, especially minority groups and urban and rural populations. Outreach ac-tivities are not intended for generating enrollment of clients into VR programs and projects. The following list – while not exhaustive – provides some common methods that CAPs can employ to conduct outreach: Brochures are probably the most

common method of outreach used by almost all CAPs. Although Sec-tion 112 of the Act does not specifi-cally require CAPs to provide infor-

mation in accessible formats, the "Statement of Findings, Purpose, and Policy" which was incorporated into the Act in 1992 refers to provid-ing "equal access (including the use of accessible formats)."

Some CAPs produce materials, in-cluding brochures, in Native Lan-guages and alternative forms such as in Spanish, Vietnamese, Cambodian, Laotian, etc. to meet the needs of specific ethnic populations located in the state. Other CAPs have devel-oped brochures in simple straightfor-ward language which can be easily understood by individuals with cogni-tive and perceptual limitations.

CAPs provide other printed mate-rials such as flyers, fact sheets, posters, letters, and other printed materials to individuals seeking or receiving services from State VR agencies or from other programs and projects funded under the Act. The distribution of these materials may occur on an ongoing basis.

Toll-free telephone numbers that enable individuals with disabilities to contact the program from anywhere in the state at no charge to the indi-vidual are used by CAPs.

Several CAP agencies have devel-oped client handbooks or guides that provide comprehensive over-views of VR, IL, and CAP services.

Some state VR agencies provide each applicant with the opportunity to participate in a VR orientation pro-gram as a part of the formal applica-tion process. In a few states, CAP and VR have collaborated in devel-oping a video package, slide presen-tation, or webcast to be shown during VR's orientation program.

Media coverage is an effective means of informing the public at large of CAP=s availability, including public service announcements

47

(PSAs), which can be aired on radio and television.

Networking with consumer groups, state and local service providers, and other disability organizations can be a key aspect of CAP=s out-reach efforts. Informing and offering to make presentations describing CAP services to such groups is an effective means of outreach to spe-cific target populations.

Participation in committees, task forces, and/or coalitions that ad-dress disability-related issues is also an effective method of alerting oth-ers about the availability of CAP and of addressing CAP-related issues. Many CAPs have advisory commit-tees or councils that provide advice on and guidance concerning the op-erations of the program.

Some CAPs extend their outreach efforts to involve the implementation of entire outreach projects, e.g., sponsoring and/or coordinating con-ferences, seminars, and workshops. Since most outreach projects involve group presentations and are con-ducted away from the CAP office, the presentations developed for such projects need to be simple, precise, and applicable to different groups. Such generically planned projects can then be modified to meet the needs of specific au-diences and/or special populations.

See also – Public Service Announcement;

Underserved Populations

Overturning or Mod-

ifying an IHO Decision

Section 102(c)(5)(D) of the Act outlines the procedures for seeking a review of an

IHO decision. First, a state may, but is not required to, establish procedures to ena-ble a party involved in a hearing to seek impartial review of the decision by: 1. The chief official of the DSA if the

state has both a DSA and DSU; or

2. An official of the governor=s office. Under this optional procedure, the re-viewing official may not overturn or modify the decision of the IHO, or part of the decision, that supports the position of the applicant or eligible in-dividual unless the reviewing official concludes, based on clear and con-vincing evidence, that the decision of the IHO is clearly erroneous on the basis of being contrary to the ap-proved State plan, this Act, and its implementing regulations, or any State regulation or policy that is con-sistent with the Federal requirements specified in Title I of the Act.

In the Rehab Act Amendments of 1998, Congress clarified that the chief official of the DSA cannot delegate this authority to any employee of the DSU. Following the IHO decision, or if the state has adopted the state reviewing officer de-cision following that decision, either party may seek review of the relevant decision in federal or state court. [Section 102(c)(5)(F) and (J); 34 C.F.R. § 361.57(g) and (i)].

See also – Civil Action; Due Process; Re-

viewing an IHO Decision; and Reviewing

Official

P& A/CAP System The P&A/CAP network is federally man-dated to operate in every state and territo-ry in the United States. In addition to the

48

50 states and territories – American Sa-moa; District of Columbia; Guam; North-ern Marianas Islands; Puerto Rico; and the US Virgin Islands – there is also a federally mandated Native American P&A. Of the P&As, 47 are nonprofit or-ganizations, while the remaining 10 are part of state government. Twenty-five CAPs are entities separate from the des-ignated state P&A. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States. Key components of this advocacy include investigating reports of abuse and neglect and seeking systemic change to prevent further incidents; advocating for basic rights, including the right to live in the community; and ensuring accountability for individuals with disabilities in health care, education, employment, housing, transportation, and the juvenile and crimi-nal justice systems. The statutory programs (see detailed de-scription in following sections). that guide this work are as follows: • Protection and Advocacy for Individ-

uals with Developmental Disabilities (PADD)

• Client Assistance Program (CAP) • Protection and Advocacy for Individ-

uals with Mental Illness (PAIMI) • Protection and Advocacy for Individ-

ual Rights (PAIR)

• Protection and Advocacy for Assis-tive Technology (PAAT)

• Protection and Advocacy for Benefi-

ciaries of Social Security (PABSS)

• Protection and Advocacy for Individ-uals with Traumatic Brain Injury (PATBI)

• Protection and Advocacy for Voting

Access (PAVA)

Two of the P&A programs (PADD and PAIR) are required to develop annual priorities for serving eligible individuals. This is especially critical because the de-mand for P&A services exceeds available program funding. Priorities are estab-lished based on a public hearing process, and must ensure that the most vulnerable populations or those with complex advo-cacy needs are served first. In addition, P&As are obligated to reach out to un-served and underserved populations. P&As are required to have the ability to pursue legal, administrative and other ap-propriate strategies to protect the rights of individuals with disabilities under federal and state statutes. While P&As frequently rely on lawsuits to remedy rights viola-tions, over 95 percent of disputes tradi-tionally have been settled without resort-ing to litigation. A complete listing of addresses for each of the state/territory P&A/CAPs may be found at www.NDRN.org. See also -TASC; NDRN; PAAT; PABSS;

PADD; PAIMI; PATBI; and PAVA

PAAT

The Protection & Advocacy for Assis-

tive Technology (PAAT) program was created in 1994 when Congress expanded the Technology-Related Assistance for In-dividuals with Disabilities Act (referred to as the Tech Act) to include funding for P&As to

49

assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing as-sistive technology (AT) devices and servic-es (e.g., motorized wheelchairs, "talking" computers, adaptive computer software, etc.) through case management, legal re-presentation, and self-advocacy training. When the Tech Act was originally passed in 1988, it set up a lead agency in each state to coordinate activities to facilitate access to funding for AT devices and services for in-dividuals with disabilities. With the passage of the 1994 amendments to the Tech Act, these lead agencies were required to con-tract with the P&A system in each state and territory for the provision of advocacy and legal services to ensure access to funding for AT devices and services. A primary focus of PAAT program activi-ties is "systems change.” Hence, the PAAT program is mandated to help facilitate sys-temic change through legal advocacy and changes in laws, regulations, policies, and practices that impede the availability or provision of AT devices and services. The primary focus is on vocational rehabilita-tion, special education services, medical assistance, and private insurance. The Office of Special Education and Re-habilitative Services (OSERS), National Institute on Disability and Rehabilitation Research (NIDRR) administers the PAAT Program.

PABSS

The Protection & Advocacy for Benefi-

ciaries of Social Security (PABSS) pro-gram was created pursuant to the Ticket to Work and Work Incentive Improvement Act (TWWIIA), enacted in December 1999. TWWIIA established several new initiatives within the Social Security Ad-

ministration (SSA). These initiatives in-clude: several new work incentive provi-sions; renewed demonstration authority for the SSDI program; the Ticket to Work and Self Sufficiency program; the Bene-fits Planning, Assistance and Outreach (BPA&O) projects; improvements in the optional Medicaid Buy-In program; and the addition of the newly created PABSS program to serve SSDI and SSI beneficia-ries who want to work despite their con-tinuing severe disabilities. PABSS programs can serve any individual who is entitled to SSI or SSDI benefits based on disability. The specific purposes of the program are to provide 1) informa-tion and advice about obtaining VR and employment services; and 2) advocacy or other services that a beneficiary needs to secure or regain gainful employment. Ser-vices include assistance and individual re-presentation to beneficiaries with disabili-ties seeking VR, employment, and other support services from employment net-works and other service providers; investi-gation and review of any complaint of im-proper or inadequate services provided to a beneficiary with a disability by a service provider, employer, or other entity involved in the beneficiary=s return to work effort; information and referral to Social Security beneficiaries with disabilities about work incentives and employment; consultation to and legal representation on behalf of beneficiaries with disabilities when such services become necessary to protect the rights of such beneficiaries; and identifica-tion and advocacy to correct deficiencies in entities providing VR services, employ-ment services, and other support services to beneficiaries with disabilities. The Social Security Administration, Office of Employment Support Programs admi-nisters the PABSS program.

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PADD

The Protection & Advocacy System for

Persons with Developmental Disabili-

ties (PADD) program was the first P&A program, created by Congress in 1975 in response to public outcry against abuse and neglect of persons with developmen-tal disabilities. This system was estab-lished under the Developmental Disabili-ties Assistance and Bill of Rights Act of 1975 (referred to as the DD Act), which mandated that each state and territory establish a P&A system by October 1, 1977, as a condition for receiving its Ba-sic State Grant allotment under the DD Act. PADD programs represent children with developmental disabilities in many areas, such as special education, child abuse, and guardianship. Adults with develop-mental disabilities continue to receive PADD services related to abuse and neg-lect in institutions, guardianship, employ-ment discrimination, access to public structures, discrimination in housing, etc. PADD systems are required to emphasize outreach to minorities and investigation of abuse and neglect. The Administration for Children, Youth and Families (ACYF), Administration on Developmental Disabilities (ADD) admi-nisters the PADD Program.

PAIMI

The Protection & Advocacy System for

Individuals with Mental Illness (PAIMI) program was established under the Pro-tection and Advocacy for Mentally Ill Indi-

viduals Act of 1986 (referred to as the PAIMI Act), and modeled after the PADD program. P&As are mandated under the PAIMI Act to protect and advocate for the rights of persons with mental illness and to investigate complaints of abuse and neglect in mental health facilities. Prior to the 2000 amendments to the PAIMI Act, eligibility for services under the PAIMI was limited to persons with mental illness who either resided in facili-ties providing 24-hour care and treatment, who were in the process of being trans-ported or admitted to such a facility, or who were involuntarily confined in a mu-nicipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense. PAIMI services also could be provided with re-spect to rights violations occurring within 90 days of an individual's discharge from a covered facility. Amendments to the PAIMI Act in 2000 eliminated the strict residential facility cri-teria. Eligibility for services now extends to persons with a significant mental illness who reside in the community – including their own homes. PAIMI services typically ensure that psy-chiatric treatments are neither abusive nor neglectful by including investigation of unnecessary physical interventions during hospitalizations, forced medications, in-appropriate commitments, unlawful seclu-sions, etc. The Substance Abuse and Mental Health Services Administration (SAMHSA), Cen-ter for Mental Health Services (CMHS) administers the PAIMI Program.

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PAIR

The Protection & Advocacy of Individ-

ual Rights (PAIR) program was estab-lished under the 1978 amendments to the Rehab Act; however, no funding was ap-propriated for this program until FY 1991. Under the PAIR program, P&As are au-thorized to serve all persons with disabili-ties who are not eligible for services un-der the PADD or PAIMI programs and whose issues do not fall within CAP au-thorization. However, eligibility under another P&A/CAP program does not nec-essarily exclude eligibility under PAIR or the other existing P&A programs. For ex-ample, a client of the State VR agency who is receiving CAP services with regard to issues in accessing needed VR servic-es may also access PAIR services to as-sist in matters not related to the programs and projects funded under the Rehab Act (Senate Report 102-357, July 29, 1992, page 98). The PAIR program has enabled P&As to provide extensive services relat-ing to the ADA and fair housing issues. The Office of Special Education and Re-habilitative Services (OSERS), Rehabilita-tion Services Administration (RSA) admi-nisters the PAIR Program.

PATBI

The Protection & Advocacy for Individ-

uals with Traumatic Brain Injury pro-gram was established through the Child-ren's Health Act of 2000. With the pas-sage of the Traumatic Brain Injury (TBI) Act of 1996 and its reauthorization in the Children's Health Act of 2000, Congress recognized a pressing need for improved

access to, and coordination of, TBI ser-vices and support for individuals with TBI and their families. Additionally, Congress recognized that State, Tribal, and Terri-torial P&A systems are critical to achiev-ing the goals and objectives of the TBI Act. Thus, the Children‟s Health Act in-cluded language authorizing the Secre-tary to make grants to existing State P&A systems for the purposes of strengthening P&A service delivery to individuals with TBI and their families. The planning and assessment of State TBI P&A systems, responsiveness to TBI is-sues, and outreach strategies to the brain injury community are critical to ensure that P&A services will be delivered appropriate-ly for individuals with TBI and their fami-lies. The purpose of these grants is to en-able State P&A systems to develop a plan to address the needs of individuals with TBI and their families through the provision of (1) information, referrals and advice; (2) individual and family advocacy; (3) legal representation; and (4) specific assistance in self advocacy.

PAVA

Protection and Advocacy for Voting

Access is the newest program to come into the P&A/CAP System. The Help American Vote Act of 2002 (HAVA) was passed to improve the administration of elections in the United States in the wake of the 2000 presidential election. HAVA seeks to improve voting access to indi-viduals with disabilities in various ways, including through grants to P&As. HAVA requires each state to Aensure the full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote, and

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accessing polling places.@ The voting P&A program is administered by the Adminis-tration for Children and Families (ADD) within the Department of Health and Hu-man Services (HHS).

Payment for Services

(by a VR Agency) The State VR plan must assure that the State VR unit develops and maintains written policies covering the rates of pay-ment for all purchased VR services. The State may establish a fee schedule de-signed to ensure a reasonable cost to the program for each service, provided that the schedule is not so low as to effectively deny an individual a necessary service, is not absolute, and permits exceptions so that individual needs can be addressed. The State unit may not place absolute dollar limits on specific service categories or on the total services provided to an in-dividual. [34 C.F.R. § 361.5(c)]. See also – Authorization for VR Services

People-First

Language

Civil rights laws alone will not change atti-tudes about people with disabilities. Lan-guage, too, is an important barometer of our progress. If people are labeled, or if a label comes before the person, then a large part of how that person is perceived has already been defined. One way to avoid negative stereo-types is by using Apeople-first@ language.

People-first language is a commitment to always put the individual (person) before the disability and to discontinue language and terms that can be dehumanizing and perpetuate negative stereotypes. Here are some examples of people-first lan-guage followed by negative language that should not be used.

Person with a disability (puts the person FIRST, not the label). Negative language: invalid, disabled, handicapped,

Person who uses a wheelchair...or a cane...or a communication board, etc. (puts the person first and explains how that person controls his or her environ-ment/has power). Negative language: crippled, lame, deformed; confined to a wheelchair; wheelchair-bound.

Person with a Mental Health Diagnosis (puts the person first and gets away from the idea that the person is sick – indicates that the label is not a personal characte-ristic). Negative language:crazy, nuts.

Person who has... Cerebral Palsy/ Mus-cular Dystrophy, etc. (puts the person first) Negative language: spastic, fits, or victim of ... (makes the disability sound like a terrible fate).

Policies Governing

Provision of VR Services The DSU must develop and maintain writ-ten policies covering the nature and scope of each of the VR services speci-fied in section 361.48 of the federal regu-lations and the criteria under which each service is provided. The policies must en-sure that the provision of services is based on the rehabilitation needs of each

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individual as identified in that individual's IPE and is consistent with the individual's informed choice. The written policies may not establish any arbitrary limits on the nature and scope of VR services to be provided to the individual to achieve an employment outcome. With regard to payment for services, the DSU must establish and maintain written policies to govern the rates of payment for all purchased VR services. The DSU may establish a fee schedule designed to en-sure a reasonable cost to the program for each service, but the fee schedule cannot be set so low as to effectively deny a ser-vice, nor can it be an absolute amount, but must allow for exceptions to address individual needs. [Sections 12(c) and 101(a)(6); 34 C.F.R. § 361.50]

Post-Employment

Services

Post-employment services means one or more of the services identified in 34 C.F.R. § 361.48 that are provided subsequent to the achievement of an employment out-come and that are necessary for an indi-vidual to maintain, regain, or advance in employment, consistent with the individu-al's strengths, resources, priorities, con-cerns, abilities, capabilities, and interests. A note in the Federal regulations after 34 CFR § 361.5(b)(42) states that post- em-ployment services are intended to ensure that the employment outcome remains consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests. These services are available to meet re-habilitation needs that do not require a complex and comprehensive provision of

services and, thus, should be limited in scope and duration. If more comprehen-sive services are required, then a new re-habilitation effort should be considered. Post-employment services are to be pro-vided under an amended IPE; thus, a re-determination of eligibility is not required. The provision of post-employment services is subject to the same requirements as the provision of any other VR service. Post-employment services are available to assist an individual to maintain employ-ment, e.g., the individual's employment is jeopardized because of conflicts with su-pervisors or co-workers and the individual needs mental health services and counsel-ing to maintain the employment; to regain employment, e.g., the individual's job is eliminated through reorganization and new placement services are needed; and to advance in employment, e.g., the em-ployment is no longer consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and inter-ests. [34 C.F.R. § 361.5(b)(42)].

Presumption of

Benefit

In making a determination regarding an individual's eligibility for services, an indi-vidual shall be presumed to be an individ-ual that can benefit in terms of an em-ployment outcome from VR services un-less the DSU involved can demonstrate by clear and convincing evidence that such individual is incapable of benefitting in terms of an employment outcome from VR services due to the severity of the disability of the individual. The DSU shall explore the individual's ab-ilities, capabilities, and capacity to per-

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form in work situations, through the use of trial work experiences (as described in section 7(2)(D)) with appropriate supports provided through the DSU, except under limited circumstances when an individual cannot take advantage of such expe-riences. Such trial work experiences shall be of sufficient variety and over a suffi-cient period of time to determine the eligi-bility of the individual or to determine the existence of “clear and convincing” evi-dence that the individual is incapable of benefitting in terms of an employment outcome from VR services due to the se-verity of the disability of the individual. [Section 102(a)(2); 34 C.F.R. § 361.42(a)2]. See also – Trial Work Experience; Clear

and Convincing Evidence

Presumption of

Eligibility for Social Security Recipients Section 102(a)(3)(A)(ii) of the Act stipu-lates that an individual who is determined to have a disability or who is blind for pur-poses of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) is presumed to meet the eligibility criteria for VR services under section 102(a)(1)(A) and (B) of the Act. The indi-vidual, however, must intend to achieve an employment outcome that is consis-tent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the indi-vidual. Through its application process for VR services, the DSU is responsible for in-forming individuals that those who receive services under the program must intend to achieve an employment outcome.

Completion of the application process for VR services is sufficient evidence of the individual's intent to achieve an employ-ment outcome. The statutory presumption that the indi-vidual can benefit from VR services in terms of an employment outcome, how-ever, can be rebutted by the State VR agency by demonstrating, through “clear and convincing” evidence produced by the exploration of the individual=s abilities, capabilities, and capacity to perform in work situations consistent with the re-quirements of section 102(a)(2)(B) of the Act, that the SSDI beneficiary or SSI reci-pient is incapable of benefitting in terms of an employment outcome from VR ser-vices due to severity of the disability. [34 C.F.R. § 361.42(a)(3)].

Problem solving

Constructive conflict resolution results not in someone winning or losing but rather it is a way of resolving the conflict so both parties feel good about the outcome. Principles of Constructive Problem Reso-lution include: 1) Not assuming that you understand

each other; 2) Asking for clarification – always ask

why; and 3) Not jumping to conclusions.

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Procedures for

Seeking Review of IHO Decision A State may, but is not required to, estab-lish procedures to enable a party involved in a hearing to seek an impartial review of the decision of the hearing officer by– (i) the chief official of the DSA if the

State has established both a DSA and a DSU under section 101(a)(2); or

(ii) an official from the office of the Gover-nor.

A request for an administrative review of the IHO‟s decision must be made within 20 days of the mailing of the IHO‟s decision. [Section 102(c)(5)(F); 34 C.F.R. § 361.57(g)].

See also – Review of IHO Decision and

Reviewing Official

Projects with Industry

Projects with Industry (PWI) was created in 1968 as part of the Rehab Act. Its pur-pose is to develop cooperative arrange-ments between rehabilitation organiza-tions and private employers in building competitive employment placement pro-grams for persons with disabilities. As of December 2007, there were 75 PWI funded by the federal government. These projects vary in focus: some are national; others local or regional; some serve cer-tain categories of people such as youth, the elderly, or persons with a specific dis-ability. Projects are run by a wide variety of organizations, including major corpora-

tions, unions, rehabilitation facilities, small businesses, advocacy organizations, na-tional trade associations, and organiza-tions created for the purpose of providing PWI services. In all projects, emphasis is placed on serving individuals with severe disabilities. Projects are directly funded in 42 states. The 8 states without a direct-funded project may be covered to some extent by a national program. Within a state, many PWI are only able to serve a limited geo-graphical area or serve special popula-tions within a given geographic area. PWI must track the number of persons served and placed into competitive em-ployment; the number who were severely disabled; the number who had been unem-ployed at least six months; and the weekly earnings of people placed into jobs. Many projects also track the number of persons placed and served who had received SSDI or SSI in the month prior to placement. In promoting opportunities for competitive employment of persons with disabilities, private industry is an essential partner in the PWI model. Private industry offers its talent and leadership, participates in iden-tifying and providing job opportunities, skills, training and settings to qualify per-sons with disabilities for competitive jobs. PWI differs from other placement pro-grams in several respects. First and foremost, business is recognized as a full partner in the process. Each project has a Business Advisory Council (BAC). This Council is key to every aspect of the pro-gram, from determining labor market needs to designing training that will meet employer needs. For example, some council members have arranged for PWI clients to participate in the training some businesses provide their employees. Be-sides providing information about job op-

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portunities and trends, others have pro-vided PWI with such resources as train-ers, curriculum, materials, computers, and office / classroom space. Many PWI have also adopted a marketing approach to placements. Great care is taken to ensure that the needs of em-ployers are being met. Employers are the customer, or consumer, and placements will not occur if their needs are not being met. PWI are required to be accountable, being one of the few government pro-grams where projects must meet stan-dards and indicators of success to receive funds or continued funding. The financial bottom line is the measure of success in business. PWIs= return of almost $3.00 in the first year after place-ment for each $1.00 spent on PWI gains respect from PWI business partners. These are real savings based on FICA and income taxes and savings from people not having to rely on welfare pro-grams. The 3 to 1 return is based on the first year of employment. Most of the per-sons placed through PWIs will be starting on many years of work, and the savings can be multiplied many times over.

Protection, Use, and

Release of Personal Information 34 C.F.R. § 361.38 deals with the protec-tion, use, and release of personal infor-mation by VR applies to the DSA and DSU. In addition, 34 CFR 370.48 of the final CAP regulations outlines additional requirements pertaining to the protection, use, and release of personal information.

All personal information about individuals served by a designated CAP agency must be held strictly confidential. This includes lists of names, addresses, photographs, and records of evaluation. In addition, the designated CAP agency's use of informa-tion and records concerning individuals seeking CAP assistance must be limited only to purposes directly connected with the provision of CAP assistance. Such purposes would include program evalua-tion activities. With limited exceptions, such information may not be disclosed – directly or indirectly – other than in the administration of the CAP, unless the individual's written consent (or the written consent of the individual's parent, legal guardian, or other legally au-thorized representative or advocate, includ-ing the CAP advocate) has been obtained. Likewise, a designated CAP agency may not produce any report, evaluation, or study that reveals any personally identifying in-formation without the written consent of the individual or his or her representative.

Public Service

Announcements (PSAs) Public service announcements (PSAs) may be used as a means to generate in-quiries about, and applications for, CAP services. The following sample PSAs were distributed by NDRN during March 1998.

How Can CAP Help You?

30-second PSA Are you a person with a disability looking for work? Did your state=s vocational re-habilitation or VR agency not help you?

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Then contact (name of CAP) at (phone number) to resolve disputes with VR. CAP can help you get the VR services you need to get to work or stay on the job. CAPs are helping to pave the road to work.

How Can CAP Help You?

60-second PSA If you or someone you know has a disa-bility and is seeking or receiving services from your state=s vocational rehabilitation, or VR program, this message is for you. If you=re unhappy with the services you=re getting from VR, or you were denied ser-vices, you have another option. The Client Assistance Program, or CAP, helps people with disabilities resolve disputes with VR regarding employment services. CAP is free and might be able to help you get VR services to go to work or stay on the job. For example, CAP represented a man with a head injury who wanted to start his own business. VR denied his original plan but CAP worked with VR and the client to come up with a mutually ac-ceptable plan. Contact (Name of CAP) at (phone num-ber) because finding a job is the first step to a better future. CAPs are helping to pave the road to work. See also – Outreach

Purpose and

Function of CAP Section 112(a) of the Rehab Act estab-lishes the CAP to provide assistance in

informing and advising all applicants and clients of all available benefits under the Act and, upon request, to assist such ap-plicants and clients in their relationships with projects, programs, and services provided to them under the Act.

Qualified Rehabilita-

tion Counselor

A qualified rehabilitation counselor is a VR counselor who is trained and pre-pared in accordance with State policies and procedures, as described in section 101(a)(7)(B) (referred to individually in this title as a "qualified vocational rehabili-tation counselor"). The 1992 amendments placed great emphasis on qualified reha-bilitation counselors. The Title I regula-tions at 34 C.F.R. § 361.18 require that the state plan describe the procedures and activities the DSA must undertake to establish and maintain a comprehensive system of personnel development de-signed to ensure an adequate supply of qualified rehabilitation personnel. DSUs are required to establish personnel standards that are consistent with any na-tional or state-approved certification, li-censing, or registration requirements that apply to the profession or discipline in which personnel are providing VR servic-es. [Section 101 (a)(7)(B)(i); 34 C.F.R. §

361.18 (c)(1)(I)]. The Act and its implement-ing regulations do not require VR agencies to replace staff members who do not meet these standards, but rather to take steps to retrain them to meet appropriate profes-sional requirements in the state. Senate Report 102-357 related to the 1992 amendments to the Act states that the Comprehensive System of Personnel Development (CSPD) section is among

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the most important provision in the bill and reflects Congress' belief that trained, qualified personnel often make the differ-ence between success and failure in faci-litating the achievement of employment outcomes for people with disabilities. See also – Certified Rehabilitation Counse-

lor Code of Ethics; Ethics for CRC

Randolph-Sheppard

Act The Randolph-Sheppard Act authorizes a program providing persons who are blind with remunerative employment and self-employment through the operation of vending facilities on Federal and other property. The program, created in 1936, was intended to enhance employment opportunities for trained, licensed persons who are blind to operate facilities. At the outset, sundry stands were placed in the lobbies of federal office buildings and post offices. The law was subsequently amended in 1954 and again in 1974 to ultimately ensure individuals who are blind a Apriority@ in the operation of vend-ing facilities, which include cafeterias, snack bars, and automatic vending ma-chines.

Regional Offices

(RSA) Prior to September 2005, the Rehabilita-tion Services Administration (RSA) main-tained Regional Offices headed by Re-gional Commissioners who report directly to the Commissioner of RSA. These re-gional offices were the contact for state

VR and CAP agencies located in the re-gion. With the closure of these offices, administration is now headquartered in Washington, DC. Though now eliminated, reference is still often made to the former RSA region. Following is a list of the states formally contained within the ten RSA regions:

Region I: CT; ME; MA; NH; RI; VT

Region II: NJ; NY; PR; VI

Region III: DE; DC; MD; PA; VA; WV

Region IV: AL; GA; FL; KY; MS; NC; SC; TN

Region V: IL; IN; MI; MN; OH; WI

Region VI: AR; LA; NM; OK; TX

Region VII: IA; KS; MO; NE

Region VIII: CO; MT; ND; SD; UT; WY

Region IX: AS; AZ; CA; MP; GU; HI; NV; Palau

Region X: AK; ID; OR; WA See also – Administering Agency for CAP

and Monitoring of CAP Agencies, RSA

Regional Rehabilita-

tion Continuing Education Programs Regional Rehabilitation Continuing Educa-tion Programs (RRCEPs) assist VR agen-cies in achieving their mission of increas-ing employment outcomes of individuals with disabilities, especially those individu-als with significant disabilities, by delivering

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continuing education and human resource development services (training) to State VR Agencies, CAPs, ILCs, and the other programs and projects funded under the Rehab Act. The National Directory of RRCEPs include:

RRCEP I Assumption College 500 Salisbury Street Worcester, MA 01615-0005 Telephone: 508-767 -7219 www.assumption.edu/HTML/SocRehab/

RRCEP II State University of NY at Buffalo 439 Christopher Baldy Hall, North Campus Buffalo, NY 14260 Telephone: 716-645-2517 www.gse.buffalo.edu/org/rrcep/

RRCEP III The George Washington University 2011 Eye Street, N.W., Suite 300 Washington, D.C. 20052 Telephone: 202-973-1550 www.gwu.edu/%7Errcep/

RRCEP IV Georgia State University School of Policy Studies, University Plaza Atlanta, GA 30303-3083 Telephone: 404-651-3509 www.gsu.edu/~wwwsps/prl/rrcep.htm University of Tennessee/Knoxville College of Education Room 120, Claxton Education Addition Knoxville, TN 37996-3400 Telephone: 423-974-6662 http://web.utk.edu/~rrcep4ut/

RRCEP V Southern Illinois University Mail Code 6703 Carbondale, IL 62901 Telephone: 618-536-7704 www.rcepv.siu.edu/

RRCEP VI University of Arkansas P.O. 1358 Hot Springs, Arkansas 71902 Telephone: 501-623-7700 www.rcep6.org

RRCEP VII The University of Missouri-Columbia Office of Sponsored Program Admin. 401 Locust Street. Suite 302 Columbia, Missouri 65211 Telephone: 573-882-3807 www.rcep7.org

RRCEP VIII University of Northern Colorado Greeley, Colorado 80639 Telephone: 970-351-1321 Fax: 970-351-6519 www.unco.edu/rrcep/

RRCEP IX San Diego State University FDN 5850 Hardy Avenue, Suite 112 San Diego, CA 92182-1900 Telephone: 619-594-4228 http://interwork.sdsu.edu/rcep/

RRCEP X Western Washington University Center for Continuing Ed & Rehabilitation 912 220th St. SW, #105 Mountlake Terrace, Washington 98043 Telephone: 425-957-4522 www.ccer.org

Regulations When state or federal statutes are passed, the statute generally provides that a specific government agency will run the program and "promulgate" (develop and publish) regulations governing the day-to-day operations of the program. These regulations must not conflict with

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the requirements of the statute. Regula-tions generally go into greater detail than does the statutory language. Procedures for developing and finalizing regulations are set forth in the federal and state Administrative Procedures Acts (APA). These APA require agencies to develop proposed regulations, gather public input through public hearings and/or written comments and, as appro-priate, respond and modify final regula-tions consistent with such input. In each state there should be an agency of gov-ernment that is responsible for reviewing the regulations and public comments, and for ensuring that final regulations conform with the procedural requirements of the state APA statute and are consistent with the underlying statute. Federal regulations are contained in the Code of Federal Regulations, also known as the CFR. Following requirements un-der the federal APA, proposed regula-tions are first published in the Federal Register, a daily publication of activities taking place within federal agencies such as the promulgation of regulations, pro-posed regulations, major agency meet-ings, etc., in order to solicit comments. Normally, after comments are taken and any revisions made, final regulations are published, usually including a synopsis of the comments and how the agency re-sponded to the comments. On a yearly basis, the federal regulations are orga-nized by topic and published in volumes of the Code of Federal Regulations. Regulations for the VR Title I program can be found in 34 CFR Part 361 (pub-lished in the Federal Register, Volume 66, Number 11, on January 17, 2001). The "34" represents the Title number dealing with Education. (Note: the U.S. Department of Education oversees the

Rehabilitation Services Administration, located in the Office of Special Education and Rehabilitative Services). "Parts 361, 363, and 370" are groups of sections addressing a common issue within Volume 34. Individual sections ad-dress very narrow issues and may be cited using the section “§” sign. Regulations for the CAP can be found at 34 CFR Part 371 (published in the Feder-al Register, Volume 60, Number 212, No-vember 2, 1995).

Rehabilitation

Services Administration CAP is administered by the Rehabilitation Services Administration (RSA), Office of Special Education and Rehabilitative Ser-vices (OSERS), in the U.S. Department of Education (DOE). RSA is established by Congress as the principle Federal agency authorized to carry out Titles I, III, VI, VII, and VIII, as well as specified portions of Title V, of the Rehab Act of 1973, as amended; the enti-rety of the Randolph-Sheppard Act, as amended; and the Helen Keller National Center for Deaf-Blind Youth and Adults Act. RSA provides national leadership for, and administration of, basic State and formula grant programs, service projects and re-habilitation training discretionary grant programs, the Randolph-Sheppard vend-ing facilities, and Helen Keller National Center programs; and evaluates all au-thorized programs to improve manage-ment and effectiveness. These programs develop and implement comprehensive and coordinated programs of VR, sup-

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ported employment, and independent liv-ing for individuals with disabilities through services, training, research, and econom-ic opportunities, in order to maximize their employability, independence, and integra-tion into the workplace and the communi-ty. RSA is responsible for the formulation, development, and implementation of reg-ulations, policies, and guidelines for the three statutes, as described in the prior paragraph. In addition, RSA is responsi-ble for advising the Assistant Secretary of the OSERS and the Secretary of Educa-tion on the formulation, development, im-plementation, and review of other policies and legislation affecting individuals with disabilities.

Rehabilitation

Technology The term "rehabilitation technology" as defined in the Act means

the systematic application of tech-nologies, engineering methodol-ogies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which in-clude education, rehabilitation, employment, transportation, inde-pendent living, and recreation. The term includes rehabilitation engi-neering, assistive technology de-vices, and assistive technology services. [Section 7(30)].

Rehabilitation engineering technology en-compasses a range of services and devic-es that can supplement and enhance indi-vidual functions. It also encompasses ser-

vices that impact the environment through environmental changes, such as job re-design or worksite modifications. Rehabili-tation technologists may employ one or both types of services in order to enhance employment opportunities for an individual. Any evaluation of an eligible individual=s need for rehabilitation technology services must be performed by personnel skilled in rehabilitation engineering technology. See also – Assistive Technology Device;

Assistive Technology Service; and Reha-

bilitation Engineering

Release of Information

CAP must obtain the informed written consent of its clients and client-applicants before it may request the State VR agen-cy to release any personal information it may have about the client or client-applicant. As a representative of the involved indi-vidual, CAP can obtain access to the medical or psychological information of the client or client-applicant contained in the State VR agency=s files if the client or client-applicant has provided the CAP with his or her informed consent for the release of this information. [34 C.F.R. §§ 370.20(b) and 361.38(c)(1)].

Medical or psychological information that the State VR agency believes may be harmful to the individual may be released when the other agency or organization assures the State VR agency that the in-formation will be used only for the pur-pose for which it is being provided and will not be further released to the involved individual. [34 C.F.R. § 361.38(c)(2)]. Usually, the VR agency and CAP obtain the individual's written consent by having

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the individual sign a "Release of Informa-tion" or similarly titled form. The form should be filled out specifically for the in-dividual. CAP and VR should never ask an individual to sign a blank release-of-information form. The Release of Informa-tion should specify: 1) from whom infor-mation about the individual is sought; 2) for what purpose the information will be used; 3) to whom the information should be released; and 4) for how long consent is given (i.e., 3 months, 6 months, etc.). The form should also notify the individual that s/he has the right to revoke the con-sent at any time. Such a revocation would be effective immediately and would pre-vent the future release or receipt of infor-mation. The revocation cannot be applied to information that already has been re-leased or obtained. See also – Confidentiality; Protection, Use

and Release of Personal Information

Requirement and

Process for Redesig-nation of CAP The 1986 amendments to the Act added specific language to Section 112(c)(1)(B) concerning the redesignation of the des-ignated CAP agency, requiring that good cause be shown before such redesigna-tion could occur. The Governor must provide 30 days pub-lic notice of any proposed redesignation of the CAP agency, including specification of the good cause, and must allow indi-viduals with disabilities and/or their repre-sentatives an opportunity for public com-ment on the proposed redesignation. The intent of these redesignation require-ments is to protect a designated agency

from retaliation for pursuing complaints against agencies that provide services under the Act, particularly those service providers that are state agencies. [34 C.F.R. § 370.2(e)].

Sections 370.10 through 370.17 of CAP's governing regulations delineate the process that must be undertaken to rede-signate a CAP for good cause. The regu-lations extend the scope of the require-ments, making them applicable to situa-tions where the designated CAP agency contracts out for the provision of CAP services. As a result, the safeguards pre-venting a designated CAP agency from terminating a CAP contract are extended to contract situations. The 1998 amendments require redesig-nation of any CAP within a State VR agency if that agency undergoes any changes in its organizational structure that results in the creation of one or more other State agencies or department. In conducting any redesignation of the CAP, the Governor must designate an agency that is independent of any agency that provides treatment, services, or re-habilitation to individuals with disabilities under this Act. See also – Designation of CAP Agencies;

History of CAP; Good Cause for Redesig-

nation of CAP

Residency Require-

ment There is no state residency requirement – durational or otherwise – for an individual to receive VR services. [Section 101(a)(12)

and 34 C.F.R. § 361.42(c)(1)]. In other words, as long as the person is present in the

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state, VR cannot deny services on the ba-sis of the length of time the individual has been or is expected to be present in the state. Although the 1998 amendments to the Act did not change this language, the Se-nate Committee Report (105-166, p.13) notes that the requirement for an individ-ual to be determined eligible to receive services should not be interpreted in any way to circumvent an individual=s choice of an out-of-state provider.

With regard to such out-of-state placements, the Committee in-tends that the requirement >to be present in the State= be imposed at the time of eligibility determination and not be used as a means of denying the continuation of servic-es which are being provided in an out-of-state setting. This interpre-tation is necessary to ensure the continuation of services since re-ferral to another State agency will in no way ensure such continua-tion of services.

Reviewing Official A State may establish procedures to ena-ble a party involved in a hearing to seek an impartial review of the decision of the IHO by the chief official of the DSA if the State has established both a DSA and a DSU under section 101(a)(2); or an offi-cial from the office of the Governor. In the Rehab Act Amendments of 1998, Congress clarified that the chief official of the DSA cannot delegate this authority to any employee of the DSU. The parties shall be provided an opportu-

nity for the submission of additional evi-dence and information relevant to a final decision concerning the matter under re-view. The reviewing official shall not overturn or modify the decision of the IHO, or part of the decision, that supports the position of the applicant or eligible individual unless the reviewing official concludes, based on “clear and convincing evidence,” that the decision of the IHO is clearly erroneous on the basis of being contrary to the approved State plan, the Act, including regulations implementing the Act, or any State regula-tion or policy that is consistent with the Federal requirements specified in this title. A final decision shall be made with re-spect to the matter in a timely manner and provide such decision in writing to the applicant or eligible individual or, as ap-propriate, the applicant's representative or individual's representative, and to the DSU, including a full report of the findings and the grounds for such decision. See also Civil Action; Due Process; Impar-

tial Hearing Officers; Overturning or Mod-

ifying an IHO Decision; Review of IHO De-

cision.

Review of IHO

Decision

A decision made by an impartial hearing officer (IHO) after a hearing shall be final unless one of the parties requests an im-

partial review if the state has established procedures for such review. If a state chooses to establish procedures for the review of the IHO decision, the re-view must be conducted by the chief offi-cial of the DSA (if the state has both a

64

DSA and DSU) or an official from the Governor‟s office. Either party may request the review of the decision of the hearing officer within 20 days after the decision. [Section 102 (c)(5)(D); 34 C.F.R. § 361.57(g)]

Any party aggrieved by a final decision may bring civil action for review of such decision. The action may be brought in any state court of competent jurisdiction or in a district court of the US of compe-tent jurisdiction without regard to the amount in controversy. In this situation, the court shall receive the records, hear additional evidence and base the decision on the preponderance of evidence. See also – Civil Action; Due Process; Impar-

tial Hearing Officers; Overturning or Modifying

an IHO Decision; and Reviewing Officials

Scope of CAP Services CAP's role and responsibilities are consistent throughout the VR service delivery system. The activities in which CAP may engage in-clude the following: 1. Advising and informing clients, client-

applicants, and individuals with dis-abilities in the State, especially indi-viduals with disabilities who have tra-ditionally been unserved or under-served by vocational rehabilitation programs, of

$ All services and benefits available

to them through programs autho-rized under the Act; and

$ Their rights in connection with those services and benefits;

2. Informing individuals with disabilities in

the State, especially individuals with

disabilities who have traditionally been unserved or underserved by vocation-al rehabilitation programs, of the ser-vices and benefits available to them under Title I of the ADA;

3. Upon the request of a client or client-

applicant, assisting and advocating on behalf of the client and client-applicant in his or her relationship with projects, programs, and services (including community rehabilitation programs) under the Act by engaging in individu-al or systemic advocacy and pursuing, or assisting and advocating on behalf of a client and client-applicant to pur-sue, legal, administrative, and other available remedies, if necessary

(A) To ensure the protection of the

rights of a client or client-applicant under the Act; and

(B) To facilitate access by individuals

with disabilities and individuals with disabilities who are making the transition from public school programs to services funded under the Act; and

4. Providing information to the public con-

cerning the CAP. [See 34 C.F.R. § 370.4]. CAP case services include information and referral; counseling; advice and inter-pretation regarding an individual's rights under the Act; mediation; negotiation and other forms of alternative dispute resolu-tion with service providers; assistance with administrative reviews and formal appeals to resolve grievances; and, as appropriate, legal services, including legal consultation and representation. CAPs must have the ability to pursue legal, administrative, or other appropriate reme-dies to ensure the protection of the rights of the individuals seeking and receiving

65

services under the Act. This authority must include the authority to pursue those re-medies against the State VR agency and other appropriate State agencies. The des-ignated CAP agency meets this require-ment if it has the authority to pursue these remedies either on its own behalf or by ob-taining necessary services, such as legal representation, from outside sources. Although CAPs are required to have the ca-pacity to take legal action on behalf of their clients, CAPs are required to establish pro-cedures which will ensure that, to the maxi-mum extent possible, mediation procedures will be used prior to resorting to administra-tive or legal remedies. In addition, CAPs are prohibited from bringing any class action lawsuits in carrying out their responsibilities. See also – Authorized CAP Activities

Scope of VR Services

Services under the Act mean VR, indepen-dent living, supported employment, and other similar rehabilitation services provided authorized under this legislation. For the purposes of the CAP, the term "ser-vices under the Act" does not include activi-ties carried out under the P&A program au-thorized by section 509 of the Act (i.e., the Protection and Advocacy of Individual Rights (PAIR) program, 34 C.F.R. part 381). [34 C.F.R. § 370.6(b)]. VR services means those services identi-fied in Section 103 which are provided to individuals with disabilities under the Act. Services must include, but are not limited to, the following: (1) an assessment for determining eligi-

bility and VR needs by qualified per-

sonnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

(2) counseling and guidance, including

information and support services to assist an individual in exercising in-formed choice consistent with the provisions of section 102(d);

(3) referral and other services to secure

needed services from other agencies through agreements developed un-der section 101(a)(11), if such ser-vices are not available under this title;

(4) job-related services, including job

search and placement assistance, job retention services, follow-up ser-vices, and follow-along services;

(5) vocational and other training servic-

es, including the provision of person-al and vocational adjustment servic-es, books, tools, and other training materials, except that no training ser-vices provided at an institution of higher education shall be paid for with funds under this title unless max-imum efforts have been made by the DSU and the individual to secure grant assistance, in whole or in part, from other sources to pay for such training;

(6) to the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits consistent with section 101(a)(8)(A)), other than the DSU, diagnosis and treatment of physical and mental impairments, including–

(A) corrective surgery or therapeutic

treatment necessary to correct or substantially modify a physical or mental condition that constitutes

66

a substantial impediment to em-ployment, but is of such a nature that such correction or modifica-tion may reasonably be expected to eliminate or reduce such im-pediment to employment within a reasonable length of time;

(B) necessary hospitalization in con-

nection with surgery or treatment; (C) prosthetic and orthotic devices; (D) eyeglasses and visual services

as prescribed by qualified per-sonnel who meet State licensure laws and who are selected by the individual;

(E) special services (including trans-

plantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-stage renal disease; and

(F) diagnosis and treatment for men-

tal and emotional disorders by qualified personnel who meet State licensure laws.

(7) maintenance for additional costs in-

curred while participating in an as-sessment for determining eligibility and vocational rehabilitation needs or while receiving services under an individualized plan for employment;

(8) transportation, including adequate

training in the use of public transporta-tion vehicles and systems, that is pro-vided in connection with the provision of any other service described in this section and needed by the individual to achieve an employment outcome;

(9) on-the-job or other related personal

assistance services provided while an individual is receiving other ser-

vices described in this section; (10) interpreter services provided by

qualified personnel for individuals who are deaf or hard of hearing, and reader services for individuals who are determined to be blind, after an examination by qualified personnel who meet State licensure laws;

(11) rehabilitation teaching services, and

orientation and mobility services, for individuals who are blind;

(12) occupational licenses, tools, equip-

ment, and initial stocks and supplies; (13) technical assistance and other con-

sultation services to conduct market analyses, develop business plans, and otherwise provide resources – to the extent such resources are au-thorized to be provided through the statewide workforce investment sys-tem – to eligible individuals who are pursuing self-employment or tele-commuting or establishing a small business operation as an employ-ment outcome;

(14) rehabilitation technology, including

telecommunications, sensory, and other technological aids and devices;

(15) transition services for students with disabilities, that facilitate the achieve-ment of the employment outcome identified in the individualized plan for employment;

(16) supported employment services; (17) services to the family of an individual

with a disability necessary to assist the individual to achieve an em-ployment outcome; and

(18) specific post-employment services

necessary to assist an individual

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with a disability to, retain, regain, or advance in employment.

The State VR program is also authorized to provide services for the benefit of groups of individuals with disabilities. Such services are outlined in section 103(b).

Section 21 (Tradi-

tionally Underserved Populations) With respect to the programs authorized in Titles II through VII of the Rehab Act, Congress found in 1999 – when the Act was last reauthorized – that: (1) The racial profile of America is rapidly

changing. While the rate of increase for white Americans is 3.2 percent, the rate of increase for racial and ethnic minori-ties is much higher: 38.6 percent for Lati-nos, 14.6 percent for African-Americans, and 40.1 percent for Asian-Americans and other ethnic groups. By the year 2000, the Nation will have 260,000,000 people, one of every three of whom will be either African-American, Latino, or Asian- American.

(2) Ethnic and racial minorities tend to

have disabling conditions at a dispro-portionately high rate. The rate of work-related disability for American Indians is about 1½ times that of the general population. African-Americans are also 1½ times more likely to have a disability than Caucasians, and twice as likely to have a significant disability.

(3) Patterns of inequitable treatment of

minorities have been documented in all major junctures of the VR process. A

larger percentage of African-American than Caucasian applicants to the VR system are denied acceptance. Of ap-plicants accepted for service, a larger percentage of African-American cases are closed without being rehabilitated. Minorities are provided less training than their white counterparts. Consis-tently, less money is spent on minori-ties than on their white counterparts.

(4) Recruitment efforts within VR at the

level of pre-service training, continuing education, and in-service training must focus on bringing larger numbers of minorities into the profession in or-der to provide appropriate practitioner knowledge, role models, and sufficient manpower to address the clearly changing demography of VR.

See also – Underserved Populations

Section 504 (of the

Rehab Act) As part of the Rehabilitation Act of 1973 (Public Law 93-112), Congress included Section 504, the first Federal civil rights law protecting the rights of individuals with disabilities to be free from discrimination under federal grants and programs. Sec-tion 504, as subsequently amended, pro-vides that

no otherwise qualified individual with a disability in the United States ... shall, solely by reason of ... disabili-ty, be excluded from the participa-tion in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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Section 504 covers only those persons with disabilities who are otherwise quali-fied to participate in and benefit from the programs or activities receiving Federal financial assistance. This coverage ex-tends to persons who have disabilities, as well as persons who have a history of a disabling condition, and persons per-ceived by others to have a disability. For 504 purposes, the term “individual with a disability” is anyone with a physical or mental impairment that 1) substantially limits or restricts one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; 2) has a record of such im-pairment; or 3) is regarded as having an impairment. [Section 7(20)(B)]. This is the same definition as under the ADA. See also – Accessibility of CAP Services

Statewideness

The VR State plan must assure that ser-vices provided under the State plan will be available in all political subdivisions of the State, unless a waiver of statewide-ness is requested and approved by RSA in accordance with section 361.26. [Sec-tion 101(a)(4); 34 C.F.R. § 361.25].

State Assurances

for CAP In order to receive funds under Section 112 of the Act, each State – through its Governor, must submit written assur-ances to the Rehabilitation Services Ad-ministration (RSA) that it will administer

the CAP in compliance with 34 CFR Part 370. The Governor must identify the agency designated to administer the CAP and request the State's allotment of funds under Section 112 of the Act. The written assurances cover a three-year period and constitute a "State Plan" as defined in 34 C.F.R. § 76.102(x). [34 C.F.R. § 370.20].

See State Assurances in Section 7.

State Plans When Congress passes legislation for a program to be administered and operated by the states, it often requires the state to submit a plan for federal approval before funds are transferred to the State. The plan reflects a State=s commitment to do various things in running the particular program, such as having non-discriminatory hiring practices, letting anyone who wants to do so apply for participation in the program, etc. Plans must be consistent with the fed-eral statute and regulations governing that particular program. State regulations to im-plement the program must be consistent with both the plan and the federal statute and regulations. Under the Rehab Act and governing regu-lations, each state is required to develop a State Plan. The State Plan is the "blue-print" for the delivery of VR services in that state. It includes information regard-ing financial administration, agency re-sponsibilities, the state delivery system, state priorities, general program require-ments, and supported employment. The plan must be approved by the Regional Commissioner of RSA. A copy of the State Plan can be obtained through the State VR Agency. See also – VR State Plan

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State Rehabilitation

Council (SRC) With the exception of those State VR agencies that are run by an independent commission, every State must establish a State Rehabilitation Council (SRC) in or-der to be eligible to receive financial as-sistance to operate the State VR pro-gram. [Section 105(a)(1)].

Members of the Council shall be ap-pointed by the Governor. The Governor shall select members after soliciting rec-ommendations from representatives of organizations representing a broad range of individuals with disabilities and organi-zations interested in individuals with dis-abilities. In selecting members, the Gov-ernor shall consider – to the greatest ex-tent practicable – the extent to which mi-nority populations are represented on the Council. [Section 105(b)(3)].

Composition The Council shall be composed of

At least one representative of the Statewide Independent Living Council;

At least one representative of a parent training and information center;

At least one representative of the CAP;

At least one qualified VR counselor, who shall serve as an ex officio, non-voting member;

At least one representative of community rehabilitation program service providers;

Four representatives of business, in-dustry, and labor;

Representatives of disability advocacy groups representing a cross section of individuals with physical, cognitive,

sensory, and mental disabilities;

Representatives of individuals with disabilities who have difficulty in representing themselves or are unable to do so due to their disabilities;

Current or former applicants or reci-pients of VR services;

At least one representative of the di-rectors of the American Indian projects in states with one or more;

At least one representative of the State educational agency responsible for the public education of students with disabilities who are eligible to re-ceive services under this title and part B of the Individuals with Disabilities Education Act; and

At least one representative of the State workforce investment board. [Section 105(b)(1)].

Each member of the Council may serve up to two consecutive three-year terms. The 1998 amendments to the Act ex-empted CAP and representatives of the American Indian Projects authorized un-der Sec. 121 from this two-term limit.

Qualifications A majority of Council members shall be persons who are individuals with disabili-ties...; and not employed by the DSU. [Section 105(b)(4)]

Functions of the Council The Council shall, after consulting with the State workforce investment board (1) review, analyze, and advise the DSU

regarding the performance of the re-sponsibilities of the unit, particularly responsibilities relating to– (A) eligibility (including order of selec-

tion); (B) the extent, scope, and effective-

ness of services provided; and

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(C) functions performed by State agencies that affect or that poten-tially affect the ability of individuals with disabilities in achieving em-ployment outcomes;

(2) in partnership with the DSU– (A) develop, agree to, and review

State goals and priorities (B) evaluate the effectiveness of the

vocational rehabilitation program and submit reports of progress to the Commissioner

(3) advise the DSA and DSU regarding activities authorized, and assist in the preparation of the State plan and amendments, applications, reports, needs assessments, and evaluations

(4) conduct a review and analysis of the effectiveness of, and consumer satis-faction with – (A) the functions performed by the

designated State agency; (B) vocational rehabilitation services

provided by State agencies and oth-er public and private entities; and

(C) employment outcomes achieved by eligible individuals receiving services, including the availability of health and other employment benefits in connection with such employment outcomes;

(5) prepare and submit an annual report to the Governor and the Commissioner on the status of vocational rehabilitation programs operated within the State:

(6) to avoid duplication of efforts and en-hance the number of individuals served, coordinate activities with the activities of other councils within the State, including the Statewide Independent Living Council, the State Developmental Dis-abilities Council, the State mental health planning council, and the State work-force investment board;

(7) provide for coordination and the es-tablishment of working relationships between the designated State agency and the Statewide Independent Living

Council and centers for independent living within the State; and

(8) perform such other functions, consis-tent with the purpose of this title, as the State Rehabilitation Council de-termines to be appropriate, that are comparable to the other functions per-formed by the Council.

[Section 105(c)(1) – (8); 34 C.F.R. §§ 361.16 and 361.17].

Statutes

Laws passed by state and federal legisla-tures are called statutes. Federal statutes are compiled by subject matter area in the United States Code, which is abbreviated U.S.C. The federal Rehab Act can be found at 29 U.S.C., Section 700 et seq. The "29" refers to the Title of the U.S. Code (USC) that deals with Labor. "701" means Section 701, which is the beginning of the chapter within Title 29.

"et seq." simply means "and the follow-ing."

Students in Default

of Student Loans Under Title IV of the Higher Education Act (HEA), in order to receive a grant, loan, or work assistance, a student must not owe a refund on grants previously received or be in default on any student loan. [20 U.S.C. Section 1091(a)(3)]. Therefore, a client who owes a refund on a Title IV grant should make repayment

71

arrangements with the post-secondary institution that made the grant, and a client who has defaulted on a student loan should proceed to clear his default status. To regain eligibility under section 428F(b) of the HEA, an individual must make six consecutive, voluntary, on-time, full monthly payments on a defaulted loan. The benefit of this renewed eligibility is available to a borrower only once. Volun-tary payments are those payments made directly by the borrower, regardless of whether there is a judgment against the borrower, and do not include payments obtained by income tax offset, garnish-ment, or income or asset execution. RSA-PD-92-02, issued November 21, 1991, addresses the provision of financial assistance for post-secondary education by VR agencies to clients who have been refused Pell Grants because these indi-viduals defaulted on student loans. It also clarifies that a VR client cannot be re-quired to take a student loan as a condi-tion for receiving VR services.

See also – Funding for Post Secondary

Education; Student Financial Aid

Student Financial

Aid There are many financial aid options that can help individuals meet the costs of higher education. These options are available to people with disabilities, as well as their peers without disabilities. Colleges award financial assistance to thousands of students each year in the form of grants, scholarships, work study programs, and loans.

To apply for financial aid, students must complete a Free Application for Federal Student Aid (FAFSA) form. The FAFSA is processed by the US Department of Edu-cation and is used by colleges to deter-mine a student=s eligibility for various forms of financial aid. The form takes into account factors such as earnings, par-ents‟ income (for those under 24 years of age, regardless of whether they live at home), number of family members, in-come taxes paid, and expenses. The FAFSA is available at high schools, libra-ries, and on the U.S. Department of Edu-cation=s website at www.ed.gov. When one applies for financial aid by fill-ing out the FAFSA, one automatically ap-plies for a PELL Grant. Schools award PELL Grants based upon financial need. PELL grants are most likely to go to stu-dents with annual family incomes below $25,000, and are only available to stu-dents who have not obtained a baccalau-reate degree. See also – Funding for Post Secondary

Education; Students in Default of Student

Loans

Sub-Regulatory

Policy and Guidance All administrative agencies have internal manuals which their employees use in the daily running of the program. These in-structions are referred to as sub-regulatory materials. They do not go through any sort of public process and may be called guidelines, manuals, poli-cies, procedures, or a variety of other names. Sub-regulatory policies must conform to the applicable regulations and statutes.

72

Although employees in government agencies depend heavily on these policy and procedure manuals in carrying out their work, these manuals do not have the force of law. If they appear to conflict with relevant statutes or regulations, an advo-cate should not hesitate to point that out and use the language contained in the regulation or statute when that is helpful to the client's case. In some states, an Administrative Procedures Act (APA) or similar statute prohibits "underground regulations." This means an agency can-not issue or utilize any guideline, criterion, bulletin, manual, or other rule of general application unless the rule is subject to the regulatory process. A regulation is de-fined as a rule or standard adopted by any state agency to implement, interpret, or govern the provision of a statute. This does not include provisions that relate on-ly to the internal management of the State agency. Courts traditionally grant deference to pol-icies developed by the Federal adminis-tering agency because the courts see these policies as the agency's interpreta-tion of the law and regulations the agency is required to implement. Therefore, pro-vided the policies developed by the Fed-eral agency are consistent with the law and regulations and do not attempt to change the law or regulations, the courts will generally defer to these policies and treat them as legally binding. Courts sometimes defer to policies issued by State agencies interpreting state law, de-pending on the circumstances of the case. Remember, however, that all VR state policies must be consistent with the federal Rehab Act, even if the policies are based on state laws. RSA has developed Sub-Regulatory Guidance, including Policy Directives (PDs), Policy Assistance Circulars (PACs), Technical Assistance Circulars

(TACs), and Information Memorandums (IMs), which are disseminated throughout the VR community and to other interested persons to inform them of the policies and procedures that RSA is using to ensure grantee accountability to the requirements included in the Act and implementing reg-ulations.

Supported Employ-

ment Supported Employment means competitive work performed in an integrated work set-ting or employment in integrated work set-tings in which individuals are working to-ward competitive work consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals. These services are provided only to per-sons who meet the definition of most sig-nificantly disabled and for whom competi-tive employment has not traditionally oc-curred; or for whom competitive employ-ment has been interrupted or intermittent as a result of a significant disability; and who, because of the nature and severity of their disability, need intensive sup-ported employment services in order to perform such work. Supported Employment includes transi-tional employment for individuals with chronic mental illness. Services are time-limited to 18 months, unless a longer period to establish job sta-bilization has been established in the IPE and the individual must be expected to need ongoing support services for as long as they work. [34 C.F.R. § 361.5(b)(54)]. The Supported Employment Regulations

73

can be found at 34 C.F.R. Part 363. See also – Individual with a Most Signifi-

cant Disability; Ongoing Support Services;

Transitional Employment

Suspension, Reduc-

tion, or Termination of Services During an Appeal (Status Quo Provision) Section 102(c)(7) of the Act protects indi-viduals who are seeking to formally ap-peal a determination made by personnel employed by the DSA from being sub-jected to a suspension, reduction, or ter-mination of services being provided by VR (including evaluation and assessment services) pending completion of media-tion and/or a fair hearing or a review by a state reviewing officer. The one exception to this protection is if the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual=s representative. [34 C.F.R. § 361.57(b)(4)].

See also – Due Process

Systems Advocacy Systems Advocacy is a concerted action to reform the policies or mode of opera-tions of a system of services, such as the school system or the disabilities service system. Systems advocacy may include legislative advocacy. The purpose of systemic advocacy is:

1) to reform the underlying structure of

public and private institutions and sys-tems that serve individuals with dis-abilities in order to make them more accessible, fair, and effective; and

2) to expand the rights and entitlements

of individuals with disabilities. CAP‟s role in systems advocacy is limited to the VR service delivery system. CAP may not engage in systems advocacy for general disability issues.

TASC TASC is sponsored by the Administration on Developmental Disabilities (ADD), the Center for Mental Health Services (CMHS), the Rehabilitation Services Ad-ministration (RSA), the Social Security Administration (SSA), and the Health Re-sources Services Administration (HRSA). TASC is a division of the National Disa-bility Rights Network (NDRN). TASC provides coordinated advocacy and public awareness strategies to the Network and a broad array of training and technical assistance activities to meet the needs of P&A/CAP representatives across the country. TASC produces several technical assis-tance publications on a regular schedule, including TASC Update and LegalEase. Each publication has a targeted audience and is intended to address current devel-opments related to program operations, including legislative, management, and legal developments. In addition to regular distribution, these publications are posted online at www.NDRN.org/TASC/. Access to the TASC webpage requires a pass-

74

word that is available from P&A/CAP Ex-ecutive Directors or by emailing webmas-ter@ndrn.org. TASC further contracts with recognized legal back up (LBUs) centers, conducts on-site peer reviews as requested, main-tains a repository of model policies and practices related to the administration and implementation of P&A/CAP mandates, and sponsors national training events. See also – NDRN; P&A/CAP System

Ticket to Work and

Work Incentives Improvement Act In 1999, the Ticket to Work and Work In-centives Improvement Act (TWWIIA) was signed into law. This Act provided health care and employment preparation and placement services to individuals with disabilities and established a return-to-work ticket program that allows individuals with disabilities to seek the services ne-cessary to obtain and retain employment and reduce their dependency on Social Security Act benefits programs. The Ticket to Work and Self-Sufficiency Program is designed to provide people with disabilities receiving SSDI or SSI more choices and expanded opportunities to help them go to work. Eligible reci-pients receive services from Employment Networks (ENs) for free. SSA pays the ENs for successfully helping a beneficiary go to work. ENs may choose to be paid based solely on helping an individual achieve self-sufficiency, or they may choose to receive payments when benefi-ciaries achieve different milestones during their attempt to go to work.

The Ticket Program is voluntary. SSDI and SSI beneficiaries who receive a Tick-et are not required to work, but may choose to use their Ticket to attempt to go to work. Likewise, ENs are not re-quired to accept Tickets. Regulations for the Ticket to Work Program can be found at 20 CFR part 411 and were published in the Federal Register Volume 66, number 249, on December 28, 2001. Beginning in February 2002, the Social Security Administration (SSA) launched this program in the following states: AZ; CO; DE; FL; IL; MA; NY; OK; OR; SC; VT; and WI. The second phase of the Ticket Program began in Spring 2003 in the following lo-cales: AK; AR; CT; DC; GA; IN; KS; KY; LA; MI; MS; MO; MT; NV; NH; NJ; NM; ND; SD; TN; and VA. The final phase of the Ticket Program began in late 2003 in the following areas: AL; CA; HI; ID; ME; MD; MN; NE; NC; OH; PA; RI; TX; UT; WA; WV; and WY; as well as in American Samoa; Guam, the Northern Marianas Islands; Puerto Rico; and the Virgin Islands. The Ticket Program is the cornerstone of TWWIIA. Other provisions of the law help support people with disabilities as they go to work. These provisions include ex-panded health care coverage, such as the Medicaid Buy-In program. Some of the barriers that would force people to choose between health care coverage and work were removed by the legislation. SSDI beneficiaries are eligible for Medicare, the Federal health insur-ance plan. Effective in October 2000, most SSDI beneficiaries are protected by Medicare for up to 8½ years after they go to work. Medicare coverage continues even if an individual no longer receives a

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monetary benefit from Social Security. Most SSI beneficiaries are eligible for Medicaid, which is a state health benefit. There are other provisions of the law to help support people with disabilities as they go to work, including: ! Expedited Re-entry to Benefits; ! Postponement of Disability Reviews; ! A Work Incentives Advisory Panel

known as the Ticket to Work and Work Incentive Advisory Panel (TW & WI AP);

! Work Incentives, Planning and Assis-tance Programs (WIPAs) – the current SSA term for the legislatively created Benefits Planning, Assistance and Outreach Program (BPAO);

! Protection and Advocacy for Benefi-ciaries of Social Security programs (PABSS); and

! Demonstration Projects and Studies. For complete information on TWWIIA, go to www.SocialSecurity.gov/Work/; for the Ticket to Work program, go to www.yourtickettowork.com. See also Employment Networks; PABSS

Time frame for De-

termining VR Eligibility As described in section 102(a)(6) of the Act, the DSU must make an eligibility de-termination within a reasonable period of time, not to exceed 60 days after the indi-vidual has submitted an application to re-ceive services. Exceptions to this 60-day time frame can occur only if (1) the designated State VR unit notifies the individual that exceptional and unforeseen circumstances beyond

the control of the agency preclude the agency from completing the determination within the prescribed time, and (2) the VR agency and the individual agree to a spe-cific extension of time. An exception is also possible if the DSU is exploring an individual's abilities, capabilities, and ca-pacity to perform in work situations. Congress intended that the presumption of benefit, the 60-day time frame for de-termining eligibility, and the emphasis on the use of existing data would result in a more efficient system that would respond more quickly to individuals with disabili-ties. Congress also intended that any ex-tension be of short duration and be agreed upon by both the counselor and the individual applying for services. [34 C.F.R. § 361.41(b)(1)].

Transitional

Employment Transitional employment means a series of temporary job placements in competi-tive work in integrated work settings with on-going support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of on-going support services must include continuing sequential job placements until job permanency is achieved. [34 C.F.R. §361.5(b)(56)]. See also – Supported Employment

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Transition Services The term "transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, indepen-dent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall in-clude instruction, community experiences, the development of employment and oth-er post-school adult living objectives, and, when appropriate, acquisition of daily liv-ing skills and functional vocational evalua-tion. VR is mandated to provide services for youth with disabilities to facilitate their transition from school to work, or in some cases transition from high school to post-secondary education. VR is responsible for developing, in conjunction with the client or client=s representative, an IPE that outlines the process, resources, and coordination and delivery of services needed to achieve the goal of the IPE. If determined necessary, the IPE should include provisions for assistive technology devices and services, or worksite as-sessments and/or supports, among other possible needed plan components. See also – Youth – Transition Services

Trial Work Experience

A new provision in the 1998 amendments to the Rehab Act eliminates the need for an extended evaluation prior to determin-ing that an individual with a significant (severe) disability was ineligible for VR services and replaces that requirement with the provision for

the use of trial work experiences, including on-the-job supports and/or training, before the State VR agency can determine that an individual cannot benefit from VR services due to the severity of the individual=s disability. Such expe-riences shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual or to determine the exis-tence of clear and convincing evi-dence that the individual is incap-able of benefitting in terms of an employment outcome from voca-tional rehabilitation services due to the severity of the disability of the individual.

According to RSA Information Memoran-dum on the 1998 Amendments, IM-98-20, this new trial work requirement will help assure that individuals with significant disabilities have the opportunity to benefit from Areal work@ experiences as part of the eligibility determination process and will enhance the likelihood that they will be eligible for VR services leading to suc-cessful employment outcomes.

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Underserved

Populations Section 21 of the Rehab Act, as amended, speaks specifically to the need to improve the provision of rehabilitation services to underserved populations. It states that ethnic and racial minorities tend to have disabling conditions at a dis-proportionately high rate, and patterns of inequitable treatment of minorities have been documented in all major junctures of the VR process. CAPs also have a responsibility to ensure that the assistance they provide is availa-ble to unserved and underserved popula-tions. In an effort to comply with Section 21 of the Act, it is beneficial for a CAP to identi-fy what specific activities will be con-ducted to improve the manner in which CAP assists traditionally unserved and underserved populations in the State. See also – Section 21

Use of Existing

Information To the maximum extent appropriate, and consistent with the requirements of the Act, for purposes of determining eligibility of an individual for VR services and for developing the IPE, the DSU shall use information that is existing and current, including information available from other programs and providers, particularly in-formation used by education officials and SSA. Such information may also be pro-

vided by the individual with a disability or that individual's family, and information obtained under the assessment for de-termining eligibility and VR needs. Congress emphasized that, while existing information is to be used, the final deci-sion regarding eligibility rests with the designated State VR unit. [Sections 7(22)(A)(I) and 102(a)(3)]. See also – Eligibility for VR Services; Time

Frame for Determining VR Eligibility

VR Caseload Status

System Progress and decision points in the VR process have traditionally been referred to as statuses and represented as even-numbered, two-digit codes. The chief dis-tinction in these statuses is between those representing VR cases that remain open versus cases that have been closed. Both the open and closure sta-tuses are composed of five components. The Case Service Report (RSA-911) calls for personal and program-related informa-tion only on the five closure statuses. The following list summarizes these closure statuses and, in addition, briefly describes the five components under the open sta-tuses for reference purposes. The actual codes used to designate the different types of closure in the RSA-911 system are found in the instructions for Record Position 121 (Type of Closure).

Open Status Codes

Status 02 – Applicant: When an individ-ual signs a document to request VR ser-vices, he or she is an applicant and the case is placed into Status 02. While an applicant, the individual's eligibility for VR

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services is determined within 60 days in most instances. If eligible, the applicant's case is moved either to (1) the Pre-Service Listing (Status 04) where services will be delayed because he or she does not meet an agency's order of selection priorities or (2) the Service Statuses (10 to 24) where no delay in the delivery of services is intended. If not eligible for VR services, the applicant's case will be closed to Status 08. If a determination of eligibility cannot readily be made, the ap-plicant will be moved to extended evalua-tion (Status 06) and more information ob-tained in determining eligibility.

Status 04 – Pre-Service Listing: An ap-plicant placed into this status has been determined eligible for VR services, but cannot receive them because he or she does not meet a State agency's order of selection priorities. Typically, the name of the individual will be placed on a waiting list for services until such time as the State agency has sufficient funds availa-ble to provide services. Placement of the person's name on the waiting list for ser-vices indicates that there will be a delay in the initiation of services which the individ-ual is otherwise entitled to receive. A case leaving this status will either be (1) moved to the Service Statuses (10 to 24) to signi-fy that services will be provided without further delay or (2) closed from Status 38 to indicate that services will not be pro-vided for whatever reason.

Status 06 – Extended evaluation: An applicant is placed into this status when a rehabilitation counselor certifies the need to provide certain services to help in de-termining whether the individual can ben-efit from the full range of rehabilitation services in terms of an employment out-come. Applicants leaving this status, if eligible for VR, will be moved to the Pre-Service Listing (Status 04) or to the Ser-vice Statuses (10 to 24). If not eligible, the

applicant's case will be closed to Status 08 within the 18-month period allowed for extended evaluation.

Statuses 10 to 24 – The Service Sta-

tuses: In the service statuses, the reha-bilitation agency may conduct any or all of the following activities on behalf of the in-dividual who has been determined eligible for VR services (the list is not intended to be all-inclusive, just illustrative).

assess the rehabilitation needs of the individual and formulate the individua-lized plan for employment (IPE).

provide counseling and guidance to prepare the client for employment.

provide or arrange for any physical or mental restoration services (e.g., sur-gery, psychiatric treatment, rehabilita-tion technology services, etc.)

provide or arrange for many different kinds of training such as col-lege/university, business, vocational, on-the-job, or personal and vocational adjustment training.

provide or arrange for the delivery of job-seeking skills and placement into suitable employment.

A person remains in the service statuses in instances when services have been in-terrupted.

Status 32 – Post-employment services: This status is used to identify individuals who have previously been successfully re-habilitated, but who need additional reha-bilitation services to help them maintain, regain or advance in their employment. [NOTE: No information on this status is re-ported on Form RSA-113.]

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Closure Status Codes

[NOTE: Changes in the 1998 amendments

to the Act regarding the closure standard

will likely result in changes to these status

codes.]

Status 08 – Closed not accepted/ in-

eligible for VR: This status is used to identify persons determined ineligible or who are otherwise not accepted for VR services, whether closed from the appli-cant status (Status 02) or extended eval-uation (Status 06).

Status 26 – Rehabilitated: Cases closed as rehabilitated must, as a minimum, (1) have been declared eligible for services, (2) have received appropriate assess-ment and related services, (3) have had a program for VR services formulated, (4) have completed the program, (5) have been provided counseling, and (6) have been determined to be suitably employed for a minimum of 60 days.

Status 28 – Closed other reasons after

IPE initiated: Cases closed into this cat-egory must have met criteria (1), (2) and (3) above, and at least one of the services provided by IPE must have been initiated, but, for some reason, one or more of cri-teria (4), (5) and (6) above were not met.

Status 30 – Closed other reasons be-

fore IPE initiated: Cases placed into Sta-tus 30 are those which, although ac-cepted for VR services, did not progress to the point that services were actually initiated under a rehabilitation program.

Status 38 – Closed from Pre-Service

Listing: This status is used to identify in-dividuals eligible for VR who will not ad-vance to the Service Statuses (10 to 24) and whose names have been removed from the Pre-Service Listing (Status 04).

VR State Plan For a State to participate in the State Vo-cational Services Program authorized un-der Title I of the Rehab Act and the State Supported Employment Services Program authorized under Title VI, Part B of the Act, it must have an approved Title I State plan and Title VI, part B supplement.

Workforce Invest-

ment Act On August 7, 1998, President Clinton signed into law the Workforce Investment Act (WIA). Title IV of this bill included the Rehab Act amendments, both amending and extending for five years the authori-zation of the programs funded under the Rehab Act. The Amendments reflect the consensus achieved by Congress through resolution of differences between the House and Senate bills relating to the reauthorization of the Rehab Act. With respect to the VR program, both the House and Senate bills placed emphasis on: expanding the exercise of informed choice by individuals with disabilities; streamlining administrative procedures to improve program efficiency and access to services; increasing opportunities for high quality employment outcomes; ensuring due process; and linking the VR program to a State=s workforce investment system. The Workforce Investment Act, including the entire Rehab Act is currently up for reauthorization. As of October 2007, the

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Senate is working on a proposed draft to amend and reauthorize the Rehab Act, while it is unclear what action the House will take on reauthorizing the Act.

Youth – Transition

Services Transition services means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post-secondary activities; including post-secondary education; vocational training; integrated employment, including sup-ported employment; continuing and adult education; adult services; independent living; or community participation.

This coordinated set of activities must be based on the individual student=s need, taking into account student preferences and interests and should include instruc-tion, community experiences, the devel-opment of employment and other post-school adult living objectives, and if ap-propriate, the acquisition of daily living skills and functional vocational evaluation.

Zealous Advocate What you become after participating in Understanding Vocational Rehabilitation: An Orientation Program.