Section 3 / Part 12
Effective Date: April 10, 2006
Vocational rehabilitation (VR) services
for transition-aged students with disabilities
Synopsis of federal regulations
Rehabilitation Services (RS) shall facilitate the transition of students
who are receiving special education services from the provision of a free
appropriate public education under the responsibility of an educational
agency to the provision of VR services under RS responsibility.
The Individualized Plan for Employment (IPE) must be developed and signed
before the student leaves the school setting for each student determined
to be eligible for VR services or, if RS is operating under an order of
selection, for each eligible student able to be served under the order.
The IPE must, at a minimum, identify the long-term rehabilitation goals,
intermediate rehabilitation objectives, and goals and objectives related
to enabling the student to live independently, to the extent these goals
and objectives are included in the students individualized education
program. (RS policy: If the student makes an informed choice not to
apply or pursue receipt of services, an IPE does not have to be developed.)
RS shall also ensure that students with disabilities who are not receiving
special education services have access to and can receive VR services,
if appropriate, and shall ensure outreach and identification of these
students. (RS policy: IPEs for these students must be developed as
soon as there is sufficient information for vocational planning.)
Reference: §361.22
Additional federal regulatory guidance related to
responsibilities of education agencies and RS during the transition period
The overall purpose of transition services, as defined by the Rehabilitation
Act and implementing regulations, is to ensure that all students who require
VR services receive these services in a timely manner. There should be
no gap in services between the education system and the VR system. These
provisions are not intended in any way to shift the responsibility of
service delivery from education to VR during the transition years. School
officials will continue to be responsible for providing a free and appropriate
public education as defined by the Individual Education Plan (IEP). The
role of the VR system is primarily one of planning for the students
years after leaving school.
Reference: Senate Report No. 102-357 as noted following §361.22
RS policy
RS and the Kansas Department of Education have signed an interagency
agreement with the following intents:
Facilitate the integration and coordination of services to all secondary
students with disabilities, including those receiving special education
services and those who are not receiving special education services.
Integrate the activities of education and VR to provide seamless services
with the outcome of appropriate employment and independent living.
Create a flexible system by using available resources that focus on
the provision of opportunities for students with disabilities while minimizing
obstacles to learning and post-school goals.
The Local Education Agency/Authority (LEA) is not relieved of any responsibility
to provide transition services until the student formally exits the
public school program and as long as the student remains eligible for
and receives special education services.
RS procedure
Although LEAs must ensure that transition services are in place for
students with disabilities when they reach age 14, RS carries no responsibility
to serve students at this age. Within available resources, RS will accept
applications for VR services from transition students approximately
18 months or three semesters prior to their completion or exit from
school. In individual cases, the RS Program Administrator may grant an exception to
begin providing VR services for a student prior to the 18-month or three
semester timeline if there are extenuating circumstances which require
RS involvement.
Each RS Program Administrator will establish a procedure for routing such exception requests through the RS Managers, RS Program Administrator or both. Use of the Exceptions Request Form (Section 8 / Part 54) is required.
RS may provide technical assistance, such as participation in IEP meetings
or referral to community resources, for students prior to this 18-month
or three semester timeline, only if the RS Regional Program Administrator for the local area
determines that existing staff resources are available to make this
possible.
- The local education authority refers a student with a disability
to RS to apply for VR services. The referral from the school will
include the name and address of the student with a disability (both
those in special education as well as other students who have disabilities
but who are not receiving special education services) who may benefit
from VR services. The need for this notification to RS will be determined
solely by the IEP team when considering the special education students
needs, interests and preferences concerning employment and related
independent living needs. Referrals for students with disabilities
who are not in special education will be made by the appropriate school
official. Information that accompanies this referral will include
the students latest IEP for those students in special education
and pertinent and available assessment information, such as psychological
evaluations, vocational evaluations, medical information, work histories,
the expected date of graduation or exit from high school, and other
relevant information which would facilitate coordination of vocational
planning.
- Following standard referral procedures, RS will mail an informational
packet about VR services to the student (and parents or guardians, if
applicable) within 30 days of receiving the notification, sooner if
possible. Information may also be provided in person or over the phone
if that is the most effective means of communicating, and as long as
the same level of information is provided as that which is included
in the informational packets. This packet will include a standardized
informational card as well as a personal letter from the counselor inviting
the student to apply for VR services if the student is expecting to
exit school in the next 18 months or three semesters. Students who are
not expecting to exit school in the next 18 months or three semesters
will be advised to re-contact RS at the appropriate time. They may return
a postage-paid post card requesting that we send them a reminder notice
at approximately 18 months or three semesters before exit from school.
- Additional interaction from RS will occur as follows:
- In response to a call or correspondence from the student or family
expressing interest in applying for VR services.
- In response to information from the education authority requesting
additional contacts from RS in individual cases.
Note: It is the responsibility of the student or parents to respond
to the informational packet from RS (described in Step 2). Because of
limited staff resources, no further attempts to contact the student
or parents will be initiated by RS.
- In order to provide equitable services statewide for students who want
to receive VR services, counselors will accept VR applications 18 months
or three semesters prior to the expected exit date from school or when
the counselor becomes aware of the students interest if less than
18 months before exit from school. Exceptions to this policy may be
authorized by the RS Program Administrator for specific individual cases when there
are extenuating circumstances which require earlier interaction from
the VR system.
Maintaining records: In compliance
with KSA 75-53,101, RS will maintain a case file regarding each student
referred for VR services. This case file will include the referral information
provided by the LEA, a copy of the referral letter provided to the student,
and any other information determined relevant by the counselor. These
case files will be maintained according to standard record retention
procedures.
Eligibility and Order of Selection: A
students status in special education does not necessarily mean
that the student is eligible for VR services, or if eligible that the
student is an individual with a most significant or significant disability.
This determination will be made in accordance with the RS eligibility
and order of selection policies.
Vocational goals/objectives: In development
of the IPE for students, the vocational goal will be as specific as
reasonably possible. If the student is uncertain of the vocational goal,
a more general goal, such as a general job group of clerical,
may be indicated. In such instances, assessment services should be considered
as services on the IPE to help identify a more specific vocational objective.
Once the specific vocational objective is identified, the IPE should
be amended.
Purchase of equipment or provision of VR
services while the student is still in school: Local education
authorities continue to be responsible for providing a free and appropriate
education as defined by the IEP during the transition years.
- However, if equipment is needed for post-high school training or a
job and cannot be funded through other sources, counselors have the
flexibility to authorize such purchases for eligible students while
they are still in school as long as the service is identified on the
IPE. (Note that the IPE being in place means that the student is NOT
on a waiting list through Order of Selection.)
- Services may be initiated while an eligible student is still in school
provided that the services are identified on the IPE and related to
achievement of employment. For example, on-the-job training, community
job tryouts, work experience, referral to community resources, benefits
analysis/planning, and career counseling and guidance, may be provided
while the student is still in school if this will result in work skills
consistent with the vocational objective on the IPE. As with any IPE,
RS will consider availability of appropriate comparable benefits in
the provision of services.
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