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What's New At DRS - Rehabilitation Issues Update

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Rehabilitation Issues Update
Sept. 27, 2007

Rehabilitation Act Reauthorization

Since it now appears unlikely that Congress will take up Workforce Investment Act (WIA) reauthorization this year, a move is on to get the Rehabilitation Act, part of WIA, separately reauthorized. Under this plan, the Rehab Act will remain a section of the Workforce Investment Act; it will just be extended ahead of the rest of WIA.

It is expected that Congress will work off the Rehab Act portion of last year’s Senate WIA reauthorization bill (S-1021). A draft based on S. 1021, with a few new wrinkles, has been circulated and discussed at a recent stakeholders meeting convened by the Senate HELP Committee (Health, Education, Labor and Pensions). Another discussion meeting is set for late this month. Here are key changes proposed in the draft now being discussed, followed by a list of HELP Committee members:

RSA Commissioner: The Senate draft retains the RSA Commissioner position as a Presidential appointment requiring Senate confirmation. However, the bill would make the Commissioner directly responsible to the Secretary of Education or an under-Secretary, or to an appropriate assistant Secretary (OSERS).

Responsibilities of the Commissioner: Requires the Commissioner to post on the RSA website a variety of information including all VR agencies and links to them, standards and indicators reports for each state, studies, audits, etc.

Literacy: The draft bill requires state agencies to consider the need for literacy services when assessing the rehabilitation needs of an individual, and allows them to determine the literacy needs of a person in planning VR services.

Order of Selection and Transition: The draft bill establishes a priority under an Order of Selection for transition age youth who meet the functional disability requirement for childhood eligibility for SSI. This means a person eligible for SSI except for the income and resources component. This would put transition students in the priority group of most significant disability in states under an Order of Selection.

Transition: Also, the definition of a transition services expansion year, the year in which VR will be obligated to implement the new transition requirements proposed in S 1021 in the last Congress, is the first year in which Title 1 VR federal appropriations exceed fiscal year 2008 appropriations by not less than $100 million and each fiscal year subsequent to that. The new requirements upon reaching the $100 million trigger include:

The implementation of state identified strategies to improve and expand transition services created to address the needs of students.

The state must complete an assessment of the needs of students with disabilities, including the need for transition services, in conjunction with a three year assessment required under current law. The assessment must address the coordination of transition services under IDEA and must be conducted regardless of whether the expansion year has been triggered. Similarly, the state strategies and methods to improve and expand transition during the expansion years, including coordination of services “designed to facilitate the transition of . . . students from . . . educational services in school to post-secondary life, including the receipt of Title I vocational rehabilitation services. . . , postsecondary education, or employment,” must be included in the State VR plan regardless of whether an expansion year has been triggered.

Transition funding: In addition to implementing state devised strategies during the expansion years, the proposed bill requires nationally that $50 million of the $100 million increase be reserved for the state to improve transition services. The remaining $50 million can be spent as the agency determines.

Student with a Disability Definition: Defines “student with a disability” as a person age 16-22 who attends high school or a post-secondary institution, who has been determined eligible under Title I of the Rehab Act, who receives special education or qualifies as a person with a disability for purposes of Section 504.

Supported Employment: The draft bill defines supported employment as competitive employment in an integrated setting, and eliminates the phrase “working towards competitive employment,” which is in current law. The bill also eliminates the current 18 month general limit for State VR Agencies on the provision of supported employment services. The bill adds customized employment as an allowable service under supported employment. In several places, the bill clarifies that supported employment must be treated as an employment outcome.

Customized Employment: The draft bill defines customized employment services as services and supports to an individual with a disability undertaken in a flexible and individualized employment strategy and includes:

1) job seeker exploration,
2) customized planning,
3) negotiating with an employer on “customizing” or adapting any aspect of a job or helping a consumer represent himself in such negotiations, and
4) services and support on the job, ongoing if necessary. The draft bill includes customized employment as a service available through a Community Rehabilitation Program.

Post-Employment Services: The draft bill adds the regulatory definition of post-employment services to the law, but does not change the definition. It was intended to add clarity. The definition is services provided after achievement of an employment outcome that are needed for a person to maintain, regain or advance in employment.

IPE: The draft bill proposes that the IPE be completed within 90 days of the eligibility determination. This language may change to clarify that it is the development of the IPE that must be within 90 days.

Mediation and Impartial Hearings: The draft bill requires VR to inform individuals in writing of the right to mediation, an impartial hearing, and the availability of the Client Assistance Program upon the denial of a VR service. VR will also be required to notify the individual of any state imposed time limit on requesting mediation or an impartial hearing, and any procedure the state requires by which to request mediation or an impartial hearing.

Information About and Coordination with Other Agencies and Programs: The draft bill contains several provisions in which VR, as an information and referral service, must inform individuals about other federal programs related to disability and employment, and better coordinate with these programs, including such programs as:

- Medicaid,
- Medicare,
- the services available under the Social Security Benefits Planning Assistance and Outreach (WIPA) program,
- Protection and Advocacy for Beneficiaries of Social Security (PABSS) program and
- the Ticket to Work Program.

The IPE is also supposed to include any referrals to the Assistive Technology reutilization program. VR is not obligated to provide a specific point of contact for these referrals, but is to provide this information “to the maximum extent possible.”

Assistive Technology: Adds a definition of AT from the AT Act. The bill makes several references to the provision of AT services, including a provision to coordinate with AT Act programs such as the lead state AT agency and the state agencies which function as employment networks under the Ticket to Work program.

Reallotment of Unused VR Funds and Incentive Grants: The draft bill proposes in law what is currently done by RSA in policy and that is to give those states who do not receive a COLA first priority for reallotment funds if they are available.

RSA Technical Assistance to Businesses and VR Agencies: The draft bill would let RSA provide technical assistance to businesses and to VR agencies in relation to developing self-employment opportunities and VR partnerships with business.

VR Services: The draft adds literacy and mentoring as VR services that can be provided. Mentoring is not defined, but it is supposed to be noted in the IPE if provided.

Reporting and Performance Reviews: The draft has performance measures for transition services and supported employment. It allows RSA to direct a state in taking measures to correct poor performance, including requiring a state with a low level of funding going into services to put more of its state resources into service provision.

Native American VR’s: Makes the Indian VR’s eligible to receive cost reimbursement under the Social Security Act.

GAO Studies: Two GAO studies are proposed. One would look at interaction between VR Title I and the Ticket program. Another would focus on the 110 allocation formula in relation to states ability to implement their state VR plans.

Professional Training: Under the section of law dealing with a Comprehensive System of Personnel Development, requires state agencies to coordinate with Tech Act programs in development of staff training in rehabilitation technology.

Independent Living Centers: Adds to the definition of IL core services;

(1) facilitating the transition of youth on IEPs into post-secondary life, including employment,
(2) facilitating transition of disabled persons in nursing homes and other institutions into community residences,
(3) services for persons at risk of institutionalization to help them remain living in the community, and
(4) services to promote full access to community life.

Senate Committee on Health, Education, Labor and Pensions (HELP)

Edward Kennedy (D-MA), Chairman
Christopher Dodd (D-CT)
Tom Harkin (D-IA)
Barbara Mikulski (D-MD)
Jeff Bingaman (D-NM)
Patty Murray (D-WA)
Jack Reed (D-RI)
Hillary Rodham Clinton (D-NY)
Barack Obama (D-NY)
Bernard Sanders (I-VT)
Sherrod Brown (D-OH)
Michael Enzi (R-WY), Ranking Member
Judd Gregg (R-NH)
Lamar Alexander (R-TN)
Richard Burr (R-NC)
Johnny Isakson (R-GA)
Lisa Murkowski (R-AK)
Orrin Hatch (R-UT)
Pat Roberts (R-KS)
Wayne Allard (R-CO)
Tom Coburn M.D. (R-OK)

Committee Office Phone: 202-224-5375
Email: help_comments@help.senate.gov

For a copy of the discussion draft contact:

Jean H. Jones
DVR/DVS Legislative Information Rep.
Department of Rehabilitation Services
3535 NW 58, Suite 500
Oklahoma City, OK 73112
Phone: 405-951-3488
Toll Free: 800-845-8476
Fax: 405-951-3529
Email: jhjones@drs.state.ok.us