Vocational Rehabilitation Program (Combined or General)

VR and DOE have recently updated their interagency agreement, which includes strategies to maximize transition opportunities for students, the types of consultation and technical assistance VR may provide, and cross-training opportunities between VR and DOE among other elements. The MOU includes the following statements:

1. The student's Transition IEP will define the services and responsible payer for each of the services in accordance with 34 CFR 300.320(b). If DDRS/Bureau of Rehabilitation Services (BRS)/Vocational Rehabilitation (VR) Services is responsible for payment of a service, this responsibility will be described in the Individualized Plan for Employment (IPE) in accordance with 34 CFR 361.45.
2. Each Partner Agency will maximize coordination in the use of federal funds.
3. Decisions related to which entity will be financially responsible for providing transition or pre-employment transition services that can be considered both a special education and a VR service must be made at the local level as part of the collaboration between the VR agency, state educational agency, and the local educational agency. When considering and assigning the financial responsibility of each agency for the provision of transition and pre-employment transition services to students with disabilities, the Partner Agencies decision will be based, at least in part, on the following criteria:

• Is the purpose of the service related to an employment outcome or education?
• ls the service one that the school customarily provides under IDEA, part B?
• ls the student receiving special education services 14 years or older or has entered grade 9?

The partner agencies developed procedures and processes for outreach efforts and identification of eligible and potentially eligible students with disabilities. The following will be delineated in the updated MOU:

1. Annually, DDRS, or qualified vendors, will work with LEAs so they may identify students with disabilities and potentially eligible students who need pre-employment transition services (Pre-ETS).
2. The LEA’s will work to increase identification of students with disabilities, such as through conducting career fairs or planning meetings and inviting DDRS to parents’ nights. Schools will refer students with disabilities for purposes of 504 or at the time the individual begins IDEA services.
3. Anyone (an LEA, nurse, parent or student self-referral) can refer students for Pre-ETS and DDRS will work with the LEA to ensure seamless collaboration between transition services provided under IDEA and the Pre-ETS activities.
4. Annually, DDRS will provide written information regarding the availability of Pre-ETS for eligible and potentially eligible students with disabilities and the process for accessing these services.
5. Not all eligible or potentially eligible students with disabilities will require all five required Pre-ETS activities, however, all required Pre-ETS activities will be available statewide and delivered based on individual student need.

The MOU also includes a section pertaining to responsibilities of both BRS and DOE (SEA) related to contracting and documentation process under section 511 as contained in the regulations for SEA agreements:

• As identified in 34 CFR Part 397.30, IDOE shall ensure LEAs document completion or refusal of transition services and provide the documentation to DDRS by the prescribed intervals. Upon transmittal of the final documentation, IDOE shall provide a “cover sheet” to DDRS itemizing the documentation that has been provided to DDRS regarding the youth. IDOE must retain copies of the documentation in a manner consistent with the requirements of 2 CFR 200.333.

• Neither IDOE nor the LEA will enter into an arrangement with an entity holding a special wage certificate under section 14(c) of the Fair Labor Standards Act for the purpose of operating a program under which a youth with a disability is engaged in work at a subminimum wage.

Additionally, the MOU outlines shared responsibilities pertaining to documentation requirements for activities that youth seeking subminimum wage requirements must complete. The MOU outlines the required components of the documentation to demonstration completion of the required activities, as well as specific components to document a youth with disabilities'  (or parent or guardian as applicable) refusal to participate in required activities.  This section of the MOU was developed in consultation with national technical assistance partners to ensure all required components were addressed.