Transition Services for Students and Youth with Disabilities
Discussion Paper
Background
Individuals who meet the student with a disability definition are qualified to receive a subset of Vocational Rehabilitation (VR) services known as Pre-Employment Transition Services (Pre-ETS). The Workforce Innovation and Opportunity Act (WIOA), created this subset “to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies.” Pre-ETS is meant “to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receipt of services under section 504,” transition successfully. In addition, WIOA §402 modified §701(a) of the Act to emphasize the need to support students with disabilities as they transition from school, both secondary and post-secondary, by adding: “(7)(A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and ‘‘(B) there is a substantial need to support such students as they transition from school to postsecondary life.”
WIOA defines a student with a disability as an individual 16-21 years of age, or as it is defined in IDEA for the state’s transition services, and who is attending school in a recognized educational setting, which may include public schools, private schools, home schooling, post-secondary, or other recognized setting such as the schooling provided by juvenile justice facilities. For Texas, the Commission recently approved the definition of student with a disability as an individual 14-22 years of age enrolled in school who is receiving, or has received services through special education or is considered 504 eligible.
Issues
TWC staff is creating a single Vocational Rehabilitation Services Manual (VRSM) in anticipation of the combination of the two VR divisions by October 1, 2017. As staff creates the combined manual, they are identifying sections that require alignment between the two divisions, revisions necessary to align with WIOA, and sections that require additional guidance and review. Staff has identified the following areas to be addressed:
· Current policy is not aligned with final WIOA regulations, including revised and expanded definitions and guidance for potentially eligible students, transition services, Pre-ETS, and the starting age for a student with a disability;
· Clarification is needed to current policy for Group Skills Training (GST) and Temporary Learning Experiences to ensure alignment with WIOA’s strong focus on the importance Pre-ETS activities that prepare students for successful transition to postsecondary education and employment; and
· A revision is needed to the hourly rate for Community Rehabilitation Program (CRP) providers that deliver Pre-ETS. The current rate for Pre-ETS is $18 per hour if purchased from a CRP. The current hourly rate was initially established based on group job skills training which is paid at a rate of $19/hour per student. Group job skills training, formerly group job coaching, teaches the skills of a specific job to a small group of no more than four individuals who are working at the same jobsite. Final WIOA regulations clarified that job coaching and services provided after job placement are not allowable Pre-ETS activities; therefore, in the next open enrollment solicitation, Pre-ETS services to be offered by providers were revised and expanded to align with the allowable Pre-ETS activities described in the final WIOA regulations and in subsequent RSA guidance and training. As a result, the rate for group job skills training is no longer comparable to Pre-ETS services. A more comparable service is vocational adjustment training (VAT), which is paid at a higher rate and includes the development and delivery of customized curriculum on a range of job exploration, work readiness and self-advocacy skills.
Decision Points
Staff recommends three policy revisions to align with WIOA:
1. Include the definition of “potentially eligible” WIOA §113, entitled “Provision of Pre-Employment Transition Services” requires each state to ensure that the designated state unit, in collaboration with the local educational agencies involved, provides or arranges for the provision of pre-ETS for “all students with disabilities in need of such services who are eligible or potentially eligible for services under this title.” Although potentially eligible was broadly defined in WIOA and that definition was included in policy, the Rehabilitation Services Administration has since provided additional information and guidance f that needs to be included in the VRSM.
2. Include the definition of “transition services” is defined in federal regulations at 34 CFR 361.5(55) as: “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, independent living, or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the student's preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student's individualized plan for employment.”
Incorporating this definition in policy will also require revisions to staff procedures to address responsibilities of coordinating with education providers.
3. Include the age range of 14-22 for serving students with disabilities as approved by the Commission and in compliance with WIOA.
Staff also recommends policy revisions to the policy for Group Skills Training activities to clarify that:
· GSTs should focus exclusively or primarily on providing one or more of the five required Pre-ETS activities;
· Each GST must have clear vocational focus; and
· Recreational activities do not fall within the required Pre-ETS services; however, when a GST is conducted over several days or weeks, periodic recreational activities may be proposed as a means to facilitate customer interaction and as an interactive way to further workplace and job readiness preparation.
Finally, staff recommends an increase in Pre-ETS Services rates to $34.25 per hour per student to align with rates of similar VR services.
Procedure Updates
For your information, to aid implementation of the policy recommendations, if approved, VR staff is creating:
a) a method of transferring cases to basic VR caseloads when the customer no longer qualifies as a student with a disability;
b) guidance to exclude the successful closure requirement for transitional vocational rehabilitation counselors,thereby fostering a greater emphasis on Pre-ETS;
c) updated procedural guidance for VR staff participation in the Individualized Education Program (IEP) and the Admission, Review and Dismissal (ARD) process; and
d) a procedure for planning and approval of Group Skills Training and Temporary Learning Experiences.
Input from the Rehabilitation Council of Texas
RCT reviewed the draft VRSM chapter and commented that C-1302-1 “Required for Planning and IPE development” does not reference 34 CFR 361.53. Staff agrees and CFR and language was added to policy address the federal regulation.
RCT also commented that in the past when a transition case was transferred to another counselor, sometimes the receiving VRC did not agree with the IPE goal and would not implement the plan. RCT suggested guidance on that would be useful. Staff agrees that guidance can be implemented and language was added to policy to emphasize that a counselor must follow the current valid IPE.
DP_VRSM_C-1300 _TranSrvs
Agenda Item: 07/18/17 Commission Meeting
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