LRS Part 412.15 CHAPTER 4, TECHNICAL ASSISTANCE & GUIDANCE MANUAL Name Effective Date Transition from School to Work *09/29/17** Authorization Federal Register, Volume 81, Department of Education, 34 CFR 361, Part VI, State Vocational Rehabilitation Services Program, 361.48, 361.50, 361.52, 361.53 and 361.54. I. DEFINITION A. The term, vocational rehabilitation services for transition students, means a coordinated set of vocational rehabilitation services for students, designed within an outcome-oriented process, which promotes movement from school to post-school activities, including: 1. Pre-Employment Transition Services (Pre-ETS) 2. Postsecondary education 3. Vocational training 4. Competitive integrated employment (including supported employment) 5. Continuing and adult education 6. If appropriate, referral to available continuing and adult education, adult services, independent living or community participation B. The coordinated set of vocational rehabilitation services shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include Pre-Employment Transition Services, instruction, community experiences, the development of employment, other post school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation. C. A transition student is a student with a disability. An individual is considered to be a student with a disability for the purposes of Pre-Employment Transition Services if: the individual has a disability documented on an IEP, a 504 accommodation plan/iap, or other medical documentation; and is at least 16 years of age, up to their 22 nd birthday (based on transition age per IDEA in Louisiana); and is a high school student. *Verification of disability must be substantiated by documentation such as a copy of IEP, 504 accommodation plan/iap, or other medical documentation of a disability and must be attached to the Pre-ETS-1 form.** Chapter 4, Part 412.15 Page 1 of 12
If the student turns 22 years of age during the school year (while in high school), they continue to be considered a student with a disability until they finish the school year. Once a student exits from high school, they are no longer considered a student with a disability unless they enroll in post-secondary education. If enrolled in postsecondary education, they are considered a student with a disability until their 22 nd birthday or their training ends, whichever occurs first. II. PURPOSE OF TRANSITION SERVICES INCLUDING PRE-EMPLOYMENT TRANSITION SERVICES The purpose of vocational rehabilitation services for transition students is to insure a coordinated movement for an individual with a disability from the school setting to adult life, and in the case of vocational rehabilitation, the transition to competitive integrated employment. III. ROLE OF THE COUNSELOR IN THE TRANSITION PROCESS FOR STUDENTS AND YOUTH WITH DISABILITIES The Counselor will serve as an information resource for school system staff. In an effort to minimize gaps and delays from school to post-school activities, LRS role in the transition planning process for transition aged youth focuses on: A. Consultation to Students and Families: General information is provided as early as possible regarding Pre-Employment Transition Services, as well as the VR program, general eligibility guidelines, and services. This may also include information on career exploration, work-based learning experiences, employment/training opportunities, workplace readiness training, self-advocacy and/or referral to other agencies. Consultation may be provided via the telephone, in person to a small group of students, or one-on-one with the student and/or family member(s). B. Outreach information should be made available to students, school personnel, and parents as early as possible during the transition planning process in order to enable students with disabilities to make an informed choice on Pre-Employment Transition Services and whether to apply for VR services while still in school. C. Technical Assistance to Schools: Specific information is provided regarding Pre- Employment Transition Services and various aspects of the vocational rehabilitation program as it applies to students with disabilities served within the secondary school setting. This information may be personally presented during in-service training or more formal presentations at the school, or local career fairs. Technical assistance may also be provided via the telephone, video conferencing or through written communication. D. Participation in Transition/IEP Meetings: Participation in transition meetings can provide Counselors with an avenue for outreach, consultation, and technical assistance, as well as for obtaining pertinent information from the school system that can be used for early identification of potentially eligible students with disabilities in need of Pre-Employment Transition Services and prospective applicants for vocational rehabilitation services. Counselors are expected to be involved in Chapter 4, Part 412.15 Page 2 of 12
transition planning for individual students with disabilities as early as possible based on the needs of the student. E. LRS will attend all IEP meetings when invited. The method of participation will be based on the Counselor s schedule, the needs expressed by the school district, and the student s individual needs. F. Participation in the planning and coordination of services for transition students. G. Making Pre-Employment Transition Services available for all students with disabilities who need them and establishing eligibility for vocational rehabilitation services prior to exit from school if traditional vocational rehabilitation services are required beyond the scope of Pre-Employment Transition Services. IV. PRE-EMPLOYMENT TRANSITION SERVICES Pre-Employment Transition Services (Pre-ETS) are coordinated activities for a student with a disability designed within an outcome-oriented process that promotes movement from school to post-school activities leading to competitive integrated employment. Counselors must make these services available to students with disabilities receiving services under an Individualized Education Plan (IEP) or is an individual with a disability for purposes of Section 504 of the Rehabilitation Act. (See I.C. above) Services provided by the Rehabilitation Counselor will be documented on the AWARE Actual Services page. A. Pre-Employment Transition Services activities include: Job Exploration Counseling Work-Based Learning Experiences, which may include in-school or after school opportunities or experience outside the traditional school setting that is provided in an integrated environment to the maximum extent possible Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education Workplace Readiness Training to develop social skills and independent living Instruction in Self-Advocacy, which may include peer mentoring Chapter 4, Part 412.15 Page 3 of 12
1. Job Exploration Counseling will be provided by the rehabilitation counselor and documented in the case record. (Refer to Part 408 Vocational Guidance and Counseling for Career Planning) Examples are: Administration of Vocational Interest Inventories Information About Labor Market Composition Information on In-Demand Industry Sectors and Occupations Identification of Career Pathways of Interest to Students 2. Work-Based Learning Experiences may include in-school or after school experiences provided outside the traditional school setting (including internships). WBLEs are to be provided in an integrated environment to the maximum extent possible include: Short Term Employment Apprenticeships Internships Work-Site Tours to Learn About Necessary Job Skills Job Shadowing Mentoring Opportunities in the Community Community Rehabilitation Programs will be reimbursed for placing consumers into short term employment, internships, and unpaid work experiences (See purchasing guidelines below). Other WBLE s will be provided as required and available by the Rehabilitation Counselor. 3. Counseling on post-secondary activities will be provided by the Vocational Rehabilitation Counselor and documented in the case record. Information on Course Offerings and Career Options Types of Academic and Occupational Training Needed in the Workplace Postsecondary Opportunities Associated with Career Field or Pathways Advising Students and Parents or Representatives on Academic Curricula Providing Information About College Application and Admission Processes Completing the Free Application for Federal Student Aid (FAFSA) Providing Resources to Support Individual Student Success in Education and Training (i.e. Disability Support Services) Chapter 4, Part 412.15 Page 4 of 12
4. Workplace Readiness Training and Instruction on Self-Advocacy should consist of, but is not limited to, teaching skills such as the following: Communication and Interpersonal Skills Financial Literacy Group Orientation and Mobility Skills (i.e. to access workplace readiness training or to learn to travel independently) Job-Seeking Skills Understanding Employer Expectations for Punctuality and Performance and Other Soft Skills Necessary for Employment These services are provided by the Rehabilitation Counselor or a Community Rehabilitation Program (See VII. Purchasing Guidelines). B. Access to Auxiliary Aids & Support Services: 1. Items that can be purchased with Pre-ETS funds: Auxiliary aids and services necessary for students with disabilities to access or participate in Pre-Employment Transition Services can be provided with Pre-ETS funding and include the following: screen reading software necessary to enable an individual who is blind to access information on a computer during a work-based learning experience (not the computer on which it is installed) interpreter services or video-based telecommunication to ensure access to information when participating in job exploration counseling or other pre-employment transition services 2. Items that cannot be purchased from Pre-ETS funds: The following items would require that an individual apply for and meet the eligibility criteria for traditional vocational rehabilitation services. These will include personal devices/services or individually-prescribed assistive technology such as the following: prescription eyeglasses or hearing aids readers for personal use or study services of a personal nature If a student with a disability requires personal devices/services or individually-prescribed assistive technology, the VR agency must work with the student to determine whether he or she is eligible for traditional vocational rehabilitation services and meet the guidelines for the provision of these additional services. Chapter 4, Part 412.15 Page 5 of 12
B. Methods of Provision Pre-Employment Transition Services should be planned according to the individual student s needs but should begin no later than the fall of the consumer s exit year of high school. Pre-ETS can be provided in the following manner: 1. Prior to a VR application through the PET case type in AWARE; or 2. On an Individualized Plan for Employment (IPE), when a consumer is eligible for traditional VR services and in an Order of Selection category currently being served. V. PROCESS FOR SERVICE PROVISION A. Pre-Employment Transition Services (Pre-ETS) Only The Workforce Innovation and Opportunity Act requires VR agencies to make Pre- Employment Transition Services available to all students with disabilities. Students with disabilities include individuals still enrolled in secondary education (high school) or post-secondary education who have a disability (receives services under an IEP, 504 plan, or has a disability for purposes of section 504) and are at least 16 years old but less than 22 years old (see definition in I.C.). Counselors will coordinate with each school district to ensure all individuals who meet the definition of a student with a disability and are in need of Pre-Employment Transition Services have access to these services, either directly from LRS staff and/or through a Community Rehabilitation Program. 1. An individual does not need to apply for traditional VR services to receive Pre-Employment Transition Services if the individual meets the definition of student with a disability and is need of such services. The individual and/or representative, as applicable, need to complete a Pre-ETS Information and Consent Release (Pre-ETS-1) for Pre-Employment Transition Services and assist in ensuring VR has the documentation described above to verify eligibility for Pre-ETS services. 2. The Louisiana Voter Registration Application (LA-VRA) should also be offered and the Declaration Form completed. For students under the age of 18, the National Voter Registration Act views the parent or guardian as our applicant for services because they are the ones actually signing the application. Therefore, our offer to take/provide an application to register to vote should be made to the parent or guardian who is signing the document on behalf of the under-aged youth. If an under aged transition student is housed in a detention center, is a ward of the state, or does not have ready access to a parent or guardian, make a note on the declaration form that they are under age and that a parent or guardian was not available. Chapter 4, Part 412.15 Page 6 of 12
3. If the Pre-ETS participant becomes in need of traditional individualized VR services and/or the individual is entering into the exit year and anticipates the need of traditional VR services after exit from the school system, the counselor will initiate the traditional VR application process. 4. Students receiving Pre-Employment Transition Services who receive SSI or SSDI should be referred to a benefits planner. 5. Once a student receives all needed Pre-Employment Transition Services or no longer meets the definition of a student with a disability, Counselor must complete the closure page in AWARE. B. Traditional VR Services Including Pre-ETS If an individual with a disability requires Pre-Employment Transition Services and other traditional VR services, the counselor will initiate the traditional VR application process, determine eligibility and place in the appropriate Order of Selection Category. If the individual is placed in an Order of Selection category that is being currently served, the counselor can proceed with planning and developing an IPE. If the individual is placed in an Order of Selection Category not currently being served but is eligible for and in need of Pre-ETS, these specific services should still be provided in the PET module in AWARE. Services that are not one of the Pre-ETS listed above in A. 1 4, would require an IPE and cannot be provided until the Order of Selection category that the individual is placed in is being served. If Pre-ETS services have not begun prior to their assignment to a closed OOS category, they may not receive Pre-ETS until their category is open. 1. Referral Process for VR Services a. Referral to LRS does not automatically result in the individual s eligibility for vocational rehabilitation services. Although students with disabilities are entitled to a Free Appropriate Public Education (FAPE), they must be determined eligible for vocational rehabilitation services through an individualized assessment process, and be placed in an Order of Selection group being served. b. Referral to LRS typically occurs one to two years before the student graduates or exits the secondary school system. In some instances however, the student may be referred at an earlier time based upon the student s individual vocational rehabilitation needs. 2. Application Generally, an individual applies for traditional vocational rehabilitation services in the year prior to the exit year. In some instances applications may be accepted earlier in the transition process depending on individual vocational rehabilitation needs. Chapter 4, Part 412.15 Page 7 of 12
3. Eligibility a. The Counselor should utilize information provided by the educational system to make eligibility determinations. It is the Counselor s responsibility to communicate with the education staff to inform them of the information needed for an eligibility determination. b. Agency policy and procedures pertaining to both Eligibility and the Order of Selection must be followed. 4. Provision of Services a. For those students with an IEP, the Counselor should obtain a copy and consider appropriate/relevant elements of the IEP in developing the Individualized Plan for Employment (IPE). b. Federal regulations provide for the development and approval of the IPE as early as possible during the transition planning process but, at the latest, by the time each student eligible for vocational rehabilitation services exits the school setting. Therefore, if vocational rehabilitation services are needed while the student is still in school, services can be provided if they are necessary for the successful implementation of the IPE. The Counselor must coordinate services with education staff. c. Whether the counselor plans to provide services for eligible students before or after they exit the school system, the IPE for all eligible transition students must be completed and approved prior to their exit from the school setting. d. The Counselor must apply all LRS Policy/Procedure related to Order of Selection and Consumer Participation in the Cost of Services and Comparable Services/Similar Benefits. C. School System Follow-up The school system must perform follow-up on the progress of transition students. Therefore, Counselors should respond in a timely manner to requests from the school system for information on the progress of a student who was under an IEP. (Note: All policy and guidelines pertaining to confidentiality apply. The consumer must sign Consent to Release form [LRS-35]). Chapter 4, Part 412.15 Page 8 of 12
VI. VOCATIONAL REHABILITATION SERVICES A. After the student has been determined eligible, vocational rehabilitation services may be provided based upon individual needs in accordance with LRS policy guidelines. Some of the services may include: Career guidance and counseling Work-based learning experiences Workplace readiness training Instructions in self-advocacy Assistance with job placement and job development Peer counseling if available through mentor programs Referral to Work Incentives Planning and Assistance (WIPA) for benefits planning. (Individuals receiving SSI/SSDI) B. LRS may purchase some vocational rehabilitation services. Purchased services are those services for transition students that require LRS to authorize the expenditure of funds. The Counselor should only purchase services when they are beyond the scope of the special education program or 504 guidelines; and are required for the student to participate in the Vocational Rehabilitation Program and to reach an appropriate employment outcome. While both no-cost and purchased services may be provided at any time after the student has been determined eligible for LRS, most purchased services will not be provided until the student s final year of school. Examples of purchased services may include: Vocational evaluation/specialized assessments. Work-based learning experiences Workplace readiness training On-the-job training as defined in the Vocational Rehabilitation Technical Assistance and Guidance Manual (Refer to Part 412.12). Supported employment assessment and training. Assistive technology assessment and devices/services if it can be shown that they are necessary in order for the individual to reach the vocational goal. Vocational/adjustment training. Chapter 4, Part 412.15 Page 9 of 12
VII. PURCHASING GUIDELINES FOR PRE-EMPLOYMENT TRANSITION SERVICES A. Workplace Readiness Training and Instruction in Self-Advocacy 1. The consumer s attendance and progress will be documented on the Workplace Readiness form (Pre-ETS-WR). This form must be completed monthly by the vendor and submitted to the Counselor. Sessions should last the entire duration of the designated class period. This service can be provided up to nine months per school year for a maximum of two school years. If a consumer requires services for more than two school years, an exception can be made by the Regional Manager. 2. Rates: $496.00 per month ($4,464.00 maximum per consumer per school year) Pro-rated fees: 1-3 days = ¼ month or $124.00 4-6 days = ½ month or $248.00 7-9 days = ¾ month or $372.00 10 or more days = 1 full month or $496.00 B. Work-Based Learning Experiences (WBLE s) - Paid The Counselor can reimburse student wages to an employer for Work-Based Learning Experiences. Relatives of Pre-Employment Transition Services participants will not be approved as a paid service provider unless such individuals are professionally and occupationally engaged in the delivery of such services by offering their services to the general public on a regular and consistent basis. 1. The rate of reimbursement is equal to the consumer s monthly base salary up to $8.00 per hour plus 9.33% for social security, Medicare, and unemployment taxes. 2. Reimbursement cannot exceed 240 hours for the school year per student. Reimbursement is made up to a forty (40) hour work week. Number of hours worked weekly should be jointly discussed and determined between the employer, Counselor and consumer as applicable. Verification of the consumer s salary must be provided for reimbursement of Work-Based Learning Experiences. Acceptable methods of verification of the consumers earnings may consist of one of the following: a. Pay check stubs showing hours worked, gross income per month, week, all deductions including taxes, etc. b. A written statement from the employer stating hours worked, amount paid, and verification that all deductions, including taxes, were made. Chapter 4, Part 412.15 Page 10 of 12
3. Overtime is not reimbursed by LRS. A consumer can work overtime and receive payment from the employer; however, LRS will not reimburse the employer for overtime hours worked by the consumer. 4. The employer is responsible for making any and all deductions from the employee's paycheck that is required by law. LRS will reimburse the employer for the consumer s hourly wage of up to $8.00 per hour, plus 9.33% (for social security, Medicare, and unemployment taxes). 5. If services are being provided through traditional Vocational Rehabilitation, the Counselor must complete the IPE/Plan. Submit to the District Supervisor for approval unless Counselor is on Independent Status. Upon approval the RCA/Counselor will enter the Authorization(s). a. The IPE or Plan for Work-Based Learning Experience cannot exceed 240 hours. b. If the total of all items/services on any IPE/ Plan is equal to or greater than $10,000, it shall be considered high cost. In these instances, all Counselors must have the IPE/Plan approved by both the District Supervisor and the Regional Manager. 6. The employer must complete an IRS W-9 form, if the employer is not an approved LRS vendor. The Counselor must submit the IRS W-9 to the District Supervisor. The employer must invoice the Counselor. The employer s invoice is used to process payment to the employer. 7. Employers may be reimbursed a maximum of $500.00 per student for the following services if required in order for the employer to provide the Work- Based Learning Experience. A. Interpreter Services B. Reader Services C. Printing of accessible information materials (i.e. Braille, Large Print) D Screen reading software necessary to enable an individual who is blind to access information on a computer E. Salary reimbursement of employer-provided staff or trainer teaching job tasks to the students F. Uniforms Invoices should be itemized and detail the costs being requested for reimbursement. Pay check stubs must be submitted with the invoice for reimbursement of wages. Only employers may be reimbursed for these services. Chapter 4, Part 412.15 Page 11 of 12
8. Vendors will be paid a one-time fee of $500.00 per student for identifying a Work-Based Learning Experience opportunity. This service will be documented on the Work Based Learning Experience Form (WBLE-1) for payment. Vendors employing a student as an employee for their company for WBLE are not eligible for this payment but only employer payments as described in B.7 above. VIII. ADDITIONAL RESPONSIBILITIES A. The Counselor or other designated LRS staff member participates in the development and implementation of local and regional interagency cooperative agreements. The cooperative agreements establish the framework within which interagency cooperation will occur. B. The Counselor or other designated LRS staff member participates as a member of local and regional core teams. Chapter 4, Part 412.15 Page 12 of 12