Fiscal Year 2013 Monitoring Report on the Oklahoma Department of Rehabilitation Services

Fiscal Year 2013
Monitoring Report

on the

Oklahoma Department Of

Rehabilitation Services

Vocational Rehabilitation Program

U.S. Department of Education

Office of Special Education and
Rehabilitative Services

Rehabilitation Services Administration

April 3, 2013

Table ofContents

Page

Section 1: Executive Summary

Section 2: Performance Analysis

Section 3: Emerging Practices

Section 4: Results of Prior Monitoring Activities

Section 5: Focus Areas

A. Organizational Structure Requirements of the Designated State Agency (DSA) and Designated State Unit (DSU)

B. Transition Services and Employment Outcomes for Youth with Disabilities

C. Fiscal Integrity of the Vocational Rehabilitation Program

Section 6: Compliance Findings and Corrective Actions

Appendix A: Agency Response

Appendix B: Legal Requirements

1

Section 1: Executive Summary

Background

Section 107 of the Rehabilitation Act of 1973, as amended (Rehabilitation Act), requires the Commissioner of the Rehabilitation Services Administration (RSA) to conduct annual reviews and periodic on-site monitoring of programs authorized under Title I of the Rehabilitation Act to determine whether a state vocational rehabilitation (VR) agency is complying substantially with the provisions of its State Plan under section 101 of the Rehabilitation Act and with the evaluation standards and performance indicators established under Section 106. In addition, the commissioner must assess the degree to which VR agencies are complying with the assurances made in the State Plan Supplement for Supported Employment (SE) Services under Title VI, part B, of the Rehabilitation Act.

Through its monitoring of the VR and SE programs administered by the Oklahoma Department of Rehabilitation Services(ODRS) in federal fiscal year (FY) 2013, RSA:

• reviewed the VR agency’s progress toward implementing recommendations and resolving findings identified during the prior monitoring cycle (FY 2003 through FY 2007);
• reviewed the VR agency’s performance in assisting eligible individuals with disabilities to achieve high-quality employment outcomes;
• recommended strategies to improve performance and required corrective actions in response to compliance findings related to three focus areas, including:

• organizational structure requirements of the designated state agency (DSA) and the designated state unit (DSU);
• transition services and employment outcomes for youth with disabilities; and
• the fiscal integrity of the VR program;

• identified emerging practices related to the three focus areas and other aspects of the VR agency’s operations; and
• provided technical assistance to the VR agency to enable it to enhance its performance and to resolve findings of noncompliance.

The nature and scope of this review and the process by which RSA carried out its monitoring activities, including the conduct of an on-site visit from November 26, 2012through November 30, 2012,is described in detail in the FY 2013Monitoring and Technical Assistance Guide for the Vocational Rehabilitation Program.

Emerging Practices

Through the course of its review, RSA collaborated with ODRS,the State Rehabilitation Council (SRC), the Oklahoma Independent Board of Commissioners, the Technical Assistance and Continuing Education (TACE) center and other stakeholders to identify theemerging practices belowimplemented by the agency to improve the performance and administration of the VR program.

• Human Resources Development: ODRS operates a comprehensive 18-month staff development program for non-supervisorsthatpromotes the development of consumer-centered problem solving and leadership skills.
• Quality Assurance: ODRS employs a successful Cold Case Unit designed to locate and reengage consumers who are classified as lost or inactive within its service delivery system.
• Improvement of Employment Outcomes: ODRS has a Benefits Planning Unit,employingSocial Security Administration (SSA) certified planners thatassisted an average of 127 VR consumers annually between FY 2010 and FY 2012 to make an informed decision to cease receiving SSA benefits as a result of securing and maintaining employment at the requisite level of substantial gainful activity (SGA).

A more complete description of these practices can be found in Section 3 of this report.

Summary of Compliance Findings

RSA’s review resulted in the identification of compliance findings in the focus areas specified below. The complete findings and the corrective actions that ODRSmust undertake to bring itself into compliance with pertinent legal requirements are contained in Section 6 of this report.

• ODRS lacks sufficient record-keeping and internal controls to ensure that personnel costs for VR staff working concurrently on another program, i.e., the Independent Living Older Individuals Who Are Blind Program, are properly assigned and traceable to both programs in accordance with federal regulations, and lacks sufficient record-keeping and internal controls to ensure that VR funds are used solely for the provision of VR services or for the administration of the VR program in compliance with federal statutes.
• ODRS lacks sufficient internal controls, including adequate contract language and monitoring procedures,to consistently ensure that VR funds are used properly and efficiently in compliance with federal statutes for only allowable VR expenditures, including specified and measurable contractual costs.
• ODRS did not meet federal regulations requiring recipients of federal funds to accurately report the financial results of all federally-assisted activities.

Development of the Technical Assistance Plan

RSA will collaborate closely with ODRS and the University of Arkansas Center for the Utilization of Rehabilitation Resources for Education, Networking, Training and Service (CURRENTS)to develop a plan to address the technical assistance needs identified by ODRS in Appendix A of this report. RSA, ODRSand CURRENTSwill conduct a teleconference within 60 calendar days following the publication of this report to discuss the details of the technical assistance needs, identify and assign specific responsibilities for implementing technical assistance and establish initial timeframes for the provision of the assistance. RSA, ODRSand CURRENTSwill participate in teleconferences at least semi-annually to gauge progress and revise the plan as necessary.

Review Team Participants

Members of the RSA review team included David Steele (Fiscal Unit); Joe Doney (Technical Assistance Unit); Joan Ward (Data Collection and Analysis Unit); Pamela Hodge (Independent Living Unit); Sandy DeRobertis, Zera Hoosier and Ed West (Vocational Rehabilitation Unit). Although not all team members participated in the on-site visit, each contributed to the gathering and analysis of information, along with the development of this report.

Acknowledgements

RSA wishes to express appreciation to the representatives of ODRS for the cooperation and assistance extended throughout the monitoring process. RSA also appreciates the participation of the SRC, the Oklahoma Independent Board of Commissioners, the Client Assistance Program and advocates, and other stakeholders in the monitoring process.

Section 2: Performance Analysis

This analysis is based on a review of the programmatic and fiscal data contained in Tables 2.1 and 2.2below and is intended to serve as a broad overview of the VR program administered byODRS. It should not be construed as a definitive or exhaustive review of all available agency VR program data. As such, the analysis does not necessarily capture all possible programmatic or fiscal trends.In addition,the data in Table 2.1 measure performance based on individuals who exited the VR program during federal fiscal years 2007 through 2011. Consequently, the table and accompanying analysis do not provide information derived from ODRS open service records including that related to current applicants,individuals who have been determined eligible and those who are receiving services.ODRS may wish to conduct its own analysis, incorporating internal open caseload data, to substantiate or confirm any trends identified in the analysis.

PerformanceAnalysis

VR Program Analysis

Table 2.1

ODRS Program Performance Data for FY 2007 through FY 2011

All Individual Cases Closed / Number, Percent, or Average / 2007 / 2008 / 2009 / 2010 / 2011 / Change from 2007 to 2011 / Agency Type 2011
TOTAL CASES CLOSED / Number / 8,050 / 5,486 / 6,465 / 6,353 / 9,523 / 1,473 / 273,950
TOTAL CASES CLOSED / Percent / 100.0% / 100.0% / 100.0% / 100.0% / 100.0% / 18.3% / 100.0%
Exited as an applicant / Number / 1,101 / 749 / 749 / 1,222 / 1,658 / 557 / 45,694
Exited as an applicant / Percent / 13.7% / 13.7% / 11.6% / 19.2% / 17.4% / 50.6% / 16.7%
Exited during or after trial work experience/extended evaluation / Number / 7 / 10 / 17 / 15 / 17 / 10 / 1,910
Exited during or after trial work experience/extended evaluation / Percent / 0.1% / 0.2% / 0.3% / 0.2% / 0.2% / 142.9% / 0.7%
TOTAL NOT DETERMINED ELIGIBLE / Number / 1,108 / 759 / 766 / 1,237 / 1,675 / 567 / 47,604
TOTAL NOT DETERMINED ELIGIBLE / Percent / 13.8% / 13.8% / 11.8% / 19.5% / 17.6% / 51.2% / 17.4%
Exited without employment after IPE, before services / Number / 158 / 277 / 294 / 209 / 415 / 257 / 8,173
Exited without employment after IPE, before services / Percent / 2.0% / 5.0% / 4.5% / 3.3% / 4.4% / 162.7% / 3.0%
Exited from order of selection waiting list / Number / 67 / 219 / 175 / 0 / 0 / -67 / 2,978
Exited from order of selection waiting list / Percent / 0.8% / 4.0% / 2.7% / 0.0% / 0.0% / -100.0% / 1.1%
Exited without employment after eligibility, before IPE / Number / 1,651 / 626 / 2,120 / 1,515 / 2,428 / 777 / 62,559
Exited without employment after eligibility, before IPE / Percent / 20.5% / 11.4% / 32.8% / 23.8% / 25.5% / 47.1% / 22.8%
TOTAL EXITED AFTER ELIBIBILITY, BUT PRIOR TO RECEIVING SERVICES / Number / 1,876 / 1,122 / 2,589 / 1,724 / 2,843 / 967 / 73,710
TOTAL EXITED AFTER ELIBIBILITY, BUT PRIOR TO RECEIVING SERVICES / Percent / 23.3% / 20.5% / 40.0% / 27.1% / 29.9% / 51.5% / 26.9%
Exited with employment / Number / 2,218 / 2,246 / 1,689 / 2,292 / 2,812 / 594 / 80,711
Exited with employment / Percent / 27.6% / 40.9% / 26.1% / 36.1% / 29.5% / 26.8% / 29.5%
Exited without employment / Number / 2,848 / 1,359 / 1,421 / 1,100 / 2,193 / -655 / 71,925
Exited without employment / Percent / 35.4% / 24.8% / 22.0% / 17.3% / 23.0% / -23.0% / 26.3%
TOTAL RECEIVED SERVICES / Number / 5,066 / 3,605 / 3,110 / 3,392 / 5,005 / -61 / 152,636
TOTAL RECEIVING SERVICES / Percent / 62.9% / 65.7% / 48.1% / 53.4% / 52.6% / -1.2% / 55.7%
EMPLOYMENT RATE / Percent / 43.78% / 62.30% / 54.31% / 67.57% / 56.18% / 28.33% / 52.88%
Transition age youth / Number / 3,031 / 2,254 / 2,562 / 2,186 / 3,169 / 138 / 97,282
Transition age youth / Percent / 37.7% / 41.1% / 39.6% / 34.4% / 33.3% / 4.6% / 35.5%
Transition aged youth employment outcomes / Number / 825 / 978 / 789 / 847 / 950 / 125 / 29,062
Transition aged youth employment outcomes / Percent / 37.2% / 43.5% / 46.7% / 37.0% / 33.8% / 15.2% / 36.0%
Competitive employment outcomes / Number / 2,086 / 2,080 / 1,521 / 2,091 / 2,583 / 497 / 76,087
Competitive employment outcomes / Percent / 94.0% / 92.6% / 90.1% / 91.2% / 91.9% / 23.8% / 94.3%
Supported employment outcomes / Number / 110 / 272 / 191 / 184 / 182 / 72 / 8,194
Supported employment outcomes / Percent / 5.0% / 12.1% / 11.3% / 8.0% / 6.5% / 65.5% / 10.2%
Average hourly wage for competitive employment outcomes / Average / $10.22 / $10.85 / $11.07 / $10.80 / $10.97 / $0.75 / $11.21
Average hours worked for competitive employment outcomes / Average / 35.6 / 35.7 / 34.6 / 34.4 / 34.4 / -1.2 / 31.4
Competitive employment outcomes at 35 or more hours per week / Number / 1,501 / 1,511 / 1,006 / 1,370 / 1,675 / 174 / 39,622
Competitive employment outcomes at 35 or more hours per week / Percent / 67.7% / 67.3% / 59.6% / 59.8% / 59.6% / 11.6% / 49.1%
Employment outcomes meeting SGA / Number / 1,545 / 1,562 / 1,079 / 1,531 / 1,928 / 383 / 48,900
Employment outcomes meeting SGA / Percent / 69.7% / 69.5% / 63.9% / 66.8% / 68.6% / 24.8% / 60.6%
Employment outcomes with employer-provided medical insurance / Number / 936 / 795 / 566 / 702 / 887 / -49 / 19,640
Employment outcomes with employer-provided medical insurance / Percent / 42.2% / 35.4% / 33.5% / 30.6% / 31.5% / -5.2% / 24.3%

VR Performance Trends

Positive Trends

ODRS's VR program performance improved in a number of areas. The number of consumers who achieved employment increased by 594, or 26.8 percent, between FY 2007 and FY 2011, from 2,218 individuals to 2,812 individuals. Additionally, for the same period, the number of consumers who achieved supported employment (SE) increased by 65.5 percent. There were 110 individuals, or 5.0 percent, who achieved SE in FY 2007 compared to 182 individuals, or 6.5 percent, in FY 2011. ODRS also exhibited improvement in the quality of its outcomes. The number of individuals who achieved competitive employment increased by 23.8 percent between FY 2007 and FY 2011, from 2,086 individuals to 2,583 individuals. Likewise, the number of consumers who achieved competitive employmentworking at 35 or more hours per week increased by 11.6 percent between FY 2007 and FY 2011,from 1501 individuals to 1675 individuals. Performance in this areawas10.5 percentage points, or 21.4 percent, above the combined agency averageof 49.1 percent in FY 2011 of individuals who achieved competitive employment working at 35 or more hours per week. Additionally, the number of individuals who achieved employment with earned wages equivalent to or greater than the level of SGA increasedby 383, or 24.8 percent, between FY 2007 and FY 2011, from 1,545 to 1,928. Performance in this areawaseight percentage points, or 13.2 percent, above the combined agency average of 60.6 percent for FY 2011. Finally, although there was a 5.2 percent decline between FY 2007 and FY 2011 in the number of individuals who achieved employment with employer-provided medical insurance, from 936 individuals in FY 2007 to 887 individuals in FY 2011, ODRS's percentage of 31.5 is 7.2 percentage points, or 29.6 percent, above the combined agency average of 24.3 percent for FY 2011.

Trends Indicating Potential Risk to the Performance of the VR Program

The total number of service records closed by ODRS increased by 1,473, or 18.3 percent, between FY 2007 and FY 2011, from 8,050 consumers to 9,253 consumers. Of these closures, those receiving services decreased by 10.3 percentage points between FY 2007 and FY 2011, from 5,066 individuals, or 62.9 percent, receiving services (out of a total of 8,050 closures), to 5055 individuals, or 52.6 percent, receiving services (out of a total of 9,523 closures). ODRS also incurred a 6.6 percentage point increase in the percentage of individuals exiting after eligibility but prior to receiving services, from 23.3 percent in FY 2007 to 29.9 percent in FY 2011. Likewise, the agency’s percentage of consumers exiting after eligibility in FY 2011, but prior to receiving VR services was three percentage points greater than thecombined agency averageof 26.9 percent. Additionally, although the percentage of applicants that ODRS determined to be ineligible in FY 2011, 17.6 percent, was consistent with the combined agency average of 17.4 percent, the number of individuals ODRS determined ineligible increasedby 567, or 51.2 percent, between FY 2007 and 2011, from 1,108 individuals to 1,675 individuals. Finally, although ODRS’semployment rate increased by 23.79 percentage points, or 54.34 percent, between FY 2007 and FY 2010, from 48.78 percent to 67.57 percent, and, ODRS’s employment rate in FY 2011 of 56.18 percent was 3.3 percentage points, or 6.2 percent, higher than the combined agency average of 52.88, ODRS’semployment rate decreased by 11.4 percentage points, or 16.9 percent, between FY 2010 and FY 2011, from 67.57 to 56.18 percent.

As summarized aboveand further indicated by Table 2.1, ODRS experienced multipleupward and downward spikes in its reported programmatic data for the FY 2007 through FY 2011 review cycle. ODRS suggested that these fluctuations are attributable, in part, to extensive organizational management changes, large scale service-delivery efforts, implementation of a new case management system, and the effects of additional funding available through the American Recovery and Reinvestment Act of 2009. Further reference to these changes and their reported impact on ODRS’s performance is provided in Sections 3 and 4 below.

Fiscal Analysis

VR Fiscal Profile / Quarter / 2008 / 2009 / 2010 / 2011 / 2012
Grant amount / 4th / 41,092,320 / 42,098,298 / 41,092,230 / 43,404,870 / 44,256,861
Grant amount per MIS / Latest/ Final* / 41,092,320 / 42,098,298 / 41,092,230 / 43,404,870 / 34,518,729
Total outlays / 4th / 29,484,192 / 20,504,553 / 20,693,609 / 30,756,954 / 33,822,477
Total outlays / Latest/ Final* / 52,213,915 / 53,492,159 / 41,092,230 / 32,549,806 / 8,267,246
Total unliquidated obligations / 4th / 0 / 0 / 0 / 0 / 0
Total unliquidated obligations / Latest/ Final* / 0 / 0 / 0 / 0 / 0
Federal share of expenditures / 4th / 18,362,597 / 9,110,692 / 9,572,014 / 19,009,469 / 22,698,544
Federal share of total outlays / Latest/ Final* / 41,092,320 / 42,098,298 / 41,092,230 / 22,698,544 / 5,823,986
Federal share of unliquidated obligations / 4th / 0 / 0 / 0 / 0 / 0
Federal share of unliquidated obligations / Latest/ Final* / 0 / 0 / 0 / 0 / 0
Total federal share / 4th / 18,362,597 / 9,110,692 / 9,572,014 / 19,009,469 / 22,698,544
Total federal share / Latest/ Final* / 41,092,320 / 42,098,298 / 41,092,230 / 22,698,544 / 5,823,986
Recipient share of expenditures / 4th / 11,121,595 / 11,393,861 / 11,121,595 / 11,747,485 / 11,978,075
Recipient funds / Latest/ Final* / 11,121,595 / 11,393,861 / 0 / 10,705,404 / 5,352,702
Recipient share of unliquidated obligations / 4th / 0 / 0 / 0 / 0 / 0
Recipient share of unliquidated obligations / Latest/ Final* / 0 / 0 / 0 / 0 / 0
Agency actual match (total recipient share) / 4th / 11,121,595 / 11,393,861 / 11,121,595 / 11,747,485 / 11,978,075
Agency actual match (total recipient share) / Latest/ Final* / 11,121,595 / 11,393,861 / 0 / 10,705,404 / 5,352,702
Agency required match (total recipient share required) / 4th / 4,969,801 / 2,465,791 / 2,590,647 / 5,144,875 / 5,912,144
Agency required match / Latest/ Final* / 11,121,555 / 11,393,821 / 11,121,531 / 5,912,144 / 788,816
Over/under match (remaining recipient share) / 4th / -6,151,794 / -8,928,070 / -8,530,948 / -6,602,610 / -6,065,931
Over/under match / Latest/ Final* / -40 / -40 / 11,121,531 / -4,793,260 / -4,563,886
MOE ** / 4th
MOE ** / Latest/ Final* / 11,393,861 / 10,705,404
Unobligated funds qualifying for carryover / 4th / 22,729,723 / 32,987,606 / 31,520,216 / 24,395,401 / 21,558,317
Unobligated funds qualifying for carryover / Latest/ Final* / 0 / 0 / 0 / 20,706,326 / 28,694,743
Total federal program income earned / 4th / 1,835,489 / 1,170,372 / 2,220,524 / 1,628,227 / 2,135,373
Total program income realized / Latest/ Final* / 1,835,489 / 442,148 / 2,492,300 / 2,135,373 / 1,065,485
Total indirect costs / 4th / 1,319,702 / 1,127,954 / 1,450,412 / 2,502,871 / 2,211,656
Total indirect costs / Latest/ Final* / 2,531,134 / 2,989,972 / 2,880,113 / 2,211,656 / 7,579

Table 2.2

ODRS Fiscal Performance Data for FY 2008 through FY 2012

*Denotes Final or Latest SF-269 or SF-425 Submitted

** Based upon Final or Latest SF-269 or SF-425 Submitted

RSA reviewed fiscal performance data from federal FY 2008 through federal FY 2012. Based on the data in the table above, the agency matched its grant award in each fiscal year reviewed except for FY 2010. The deficiency in match for FY 2010 was due to a reporting error (see additional details in Finding 3, Section 6 of this report). ODRS was able to carry over unexpended federal funds in FYs 2008 - 2012 for an additional federal fiscal year. The agency receives its match directly from state appropriations.

Issues were identified in relation to the accurate reporting of program income and indirect costs (see additional details in Finding 3 in Section 6 of this report).

Section 3: Emerging Practices

While conducting the monitoring of the VR program, the review team collaborated with ODRS, the SRC,the Oklahoma Independent Board of Commissioners, the TACE, and agency stakeholders to identify emerging practices in the following areas:

• strategic planning;
• program evaluation and quality assurance practices;
• financial management;
• human resource development;
• transition;
• the partnership between the VR agency and SRC;
• the improvement of employment outcomes, including supported employment and self-employment;
• VR agency organizational structure; and
• outreach to unserved and underserved individuals.

RSA considers emerging practices to be operational activities or initiatives that contribute to successful outcomes or enhance VR agency performance capabilities. Emerging practices are those that have been successfully implemented and demonstrate the potential for replication by other VR agencies. Typically, emerging practices have not been evaluated as rigorously as "promising," "effective," "evidence-based," or "best" practices, but still offer ideas that work in specific situations.

As a result of its monitoring activities, RSA identified the emerging practicesbelow.

1. Human Resource Development – WINGS

ODRS, in partnership with the University of Arkansas CURRENTS, offers a human resource development program known as WINGS (Wicked Innovations Next Generation). This intensive 18-month classroom-style management training programencourages individuals currently notemployed in a supervisory capacity to focus on “serving” consumers as their central work tenet while exploringthe use of innovation as a methodology for changing existing practices or structures. The WINGS’ curriculum likewise promotes the development of creative problem-solving skills and leadership potential through hands-on team activities. Participants utilize self-assessment tools and 360-degree feedback to assist in creating their own personal leadership development plan. Sessions include activities to generate program improvement projects and training in team dynamics. In addition, participants identify their individual strengths as well as what they will contribute to team projects. Sessions incorporate servant leadership principles from “Seven Habits of Highly Effective People” (first published in 1989 by Steven R. Covey).

Of the 11 individuals enrolled in the initial class in FY 2011, 10 completed the program and 8 were promoted into management positions. There are 24 individuals enrolled in the current class, including four future VR leaders from the Arkansas Division of Services for the Blind. The WINGS class commencing in FY 2013 will be open to partners from other rehabilitation agencies, including the American Indian Vocational Rehabilitation programs.

2. Quality Assurance – Cold Case Unit

The ODRS Cold Case Unit was created in 2010 to research inactive cases, contact lost consumers and re-engage them in the VR program. Division of Vocational Rehabilitation (DVR)and Division of Visual Service(DVS) counselors refer consumers classified as lostor inactive to ODRS’sCold Case Unit which is comprised of three people, two of which canvass the state, going door-to-door in the hope of reconnecting with consumers. Prior to dispersing these inactive cases to unit members, initial electronic searches (using public records and social media) are conducted.

ODRS’s Cold Case team achieved 1,025 resolutions for the agency’s consumers since 2010. Of these, 605 clients were successfully located and re-engaged with their VR counselor. Another 102 clients were successfully employed when located and were deemed successful closures. Likewise, as a direct result of reallocating previously designated funds to new clients, the unit significantly contributes to increasing the number of individuals served.

3. Improvement of Employment Outcomes – Benefits Planning Unit

ODRS implemented a statewide Benefits PlanningUnit in FY 2010 comprised of a manager and six SSA-Certified Benefits Planners (CBPs). These specialists are required to actively visit all VR staff within their respective coverage areas as well as every Workforce Oklahoma office in hopes of maximizing potential referrals. After receiving the requisite documentationfrom SSA pursuant to signed consumer release forms for each VR applicant, and analyzing this information, CBPs prepare and discuss individualized benefits’ reports. CBPs provide consumers referred by DVR and DVS counselors, as well as applicants referred by Workforce Oklahoma offices, with information regarding the importance of reaching SGA level employment, techniques for maximizing income, up-to-date information regarding SSA work incentives, and information regarding processes for retaining medical benefits while maximizing supports from other social services programs, i.e., Veterans Benefits and Oklahoma’s Supplementary Nutrition Assistance Program.