Required Annually for All Agencies on an Order of Selection
Screen
2 of 17
State Plan for the State Vocational Rehabilitation Services Program
and
State Plan Supplement for the State Supported Employment Services Program
Alabama State Plan for Fiscal Year 2010 (submitted FY 2009)
Section 1: State Certifications
1.1
The (enter the name of designated state agency or designated
state unit below)...
... is authorized to submit this State Plan under Title
I of the Rehabilitation Act of 1973, as amended [1]
and its supplement under Title VI, Part B, of the Rehabilitation Act [2].
1.2
As a condition for the receipt of federal funds under
Title I, Part B, of the Rehabilitation Act for the provision of vocational
rehabilitation services, the... (enter the name of the designated state
agency below ) [3]
... agrees to operate and administer the State Vocational
Rehabilitation Services Program in accordance with the provisions of this
State Plan [4], the Rehabilitation Act,
and all applicable regulations [5],
policies and procedures established by the secretary. Funds made available
under Section 111 of the Rehabilitation Act are used solely for the
provision of vocational rehabilitation services under Title I of the
Rehabilitation Act and the administration of the State Plan for the vocational
rehabilitation services program.
1.3
As a condition for the receipt of federal funds under
Title VI, Part B, of the Rehabilitation Act for supported employment services,
the designated state agency agrees to operate and administer the State
Supported Employment Services Program in accordance with the provisions of
the supplement to this State Plan [6],
the Rehabilitation Act and all applicable regulations [7],
policies and procedures established by the secretary. Funds made available
under Title VI, Part B, are used solely for the provision of supported
employment services and the administration of the supplement to the Title I
State Plan.
Yes
1.4
The designated state agency and/or the designated state
unit has the authority under state law to perform the functions of the
state regarding this State Plan and its supplement.
Yes
1.5
The state legally may carry out each provision of the
State Plan and its supplement.
Yes
1.6
All provisions of the State Plan and its supplement are
consistent with state law.
Yes
1.7
The (enter title of state officer below)
... has the authority under state law to receive, hold
and disburse federal funds made available under this State Plan and its supplement.
Yes
1.8
The (enter title of state officer below)...
... has the authority to submit this State Plan for
vocational rehabilitation services and the State Plan supplement for
supported employment services.
Yes
1.9
The agency that submits this State Plan and its
supplement has adopted or otherwise formally approved the plan and its
supplement.
Yes
Signed?
Name of Signatory
Title of Signatory
Date Signed (mm/dd/yyyy)
The
designated state agency and/or the designated state unit provide the
following assurance(s) in connection with the approval of the State Plan
for FY ______.
Yes
(TEXT
BOX)
Signed?
*
Name
of Signatory
Title
of Signatory
Date
Signed (mm/dd/yyyy)
*
The signatory of the assurance with the authority to execute and
submit the State Plan will maintain a signed copy of the assurance(s) with
the signed State Plan
No funds under Title I of the Rehabilitation Act may be
awarded without an approved State Plan in accordance with Section 101(a) of
the Rehabilitation Act and 34 CFR part 361.
Applicable regulations include the Education Department
General Administrative Regulations (EDGAR) in 34 CFR Parts 74, 76, 77, 79,
80, 81, 82, 85 and 86 and the State Vocational Rehabilitation Services
Program regulations in 34 CFR Part 361.
No funds under Title VI, Part B, of the Rehabilitation
Act may be awarded without an approved supplement to the Title I State Plan
in accordance with Section 625(a) of the Rehabilitation Act.
Applicable regulations include the EDGAR citations in
footnote 5, 34 CFR Part 361, and 34 CFR Part 363.
Section 2: Public Comment on
State Plan Policies and Procedures
2.1
Public participation requirements. (Section 101(a)(16)(A)
of the Rehabilitation Act; 34 CFR 361.10(d), .20(a), (b), (d); and
363.11(g)(9))
(a)
Conduct of public meetings.
The designated state agency, prior to the adoption of any substantive policies
or procedures governing the provision of vocational rehabilitation services
under the State Plan and supported employment services under the supplement
to the State Plan, including making any substantive amendments to the
policies and procedures, conducts public meetings throughout the state to
provide the public, including individuals with disabilities, an opportunity
to comment on the policies or procedures.
(b)
Notice requirements.
The designated state agency, prior to conducting the public meetings,
provides appropriate and sufficient notice throughout the state of the
meetings in accordance with state law governing public meetings or, in the
absence of state law governing public meetings, procedures developed by the
state agency in consultation with the State Rehabilitation Council, if the
agency has a council.
(c)
Special consultation requirements.
The state agency actively consults with the director of the Client Assistance
Program, the State Rehabilitation Council, if the agency has a council and,
as appropriate, Indian tribes, tribal organizations and native Hawaiian
organizations on its policies and procedures governing the provision of
vocational rehabilitation services under the State Plan and supported
employment services under the supplement to the State Plan.
Section 3: Submission of the
State Plan and its Supplement
3.1
Submission and revisions of the State Plan and its supplement.
(Sections 101(a)(1), (23) and 625(a)(1) of the Rehabilitation Act; Section
501 of the Workforce Investment Act; 34 CFR 76.140; 361.10(e), (f), and
(g); and 363.10)
(a)
The state submits to the commissioner of the Rehabilitation
Services Administration the State Plan and its supplement on the same date
that the state submits either a State Plan under Section 112 of the
Workforce Investment Act of 1998 or a state unified plan under Section 501
of that Rehabilitation Act.
(b)
The state submits only those policies, procedures or
descriptions required under this State Plan and its supplement that have
not been previously submitted to and approved by the commissioner.
(c)
The state submits to the commissioner, at such time and
in such manner as the commissioner determines to be appropriate, reports
containing annual updates of the information relating to the:
comprehensive system
of personnel development;
assessments, estimates,
goals and priorities, and reports of progress;
innovation and
expansion activities; and
other updates of
information required under Title I, Part B, or Title VI, Part B, of
the Rehabilitation Act that are requested by the commissioner.
(d)
The State Plan and its supplement are in effect subject
to the submission of modifications the state determines to be necessary or
the commissioner requires based on a change in state policy, a change in
federal law, including regulations, an interpretation of the Rehabilitation
Act by a federal court or the highest court of the state, or a finding by
the commissioner of state noncompliance with the requirements of the
Rehabilitation Act, 34 CFR 361 or 34 CFR 363.
3.2
Supported Employment State Plan supplement. (Sections
101(a)(22) and 625(a) of the Rehabilitation Act; 34 CFR 361.34 and 363.10)
(a)
The state has an acceptable plan for carrying out Part B,
of Title VI of the Rehabilitation Act that provides for the use of funds
under that part to supplement funds made available under Part B, of Title I
of the Rehabilitation Act for the cost of services leading to supported
employment.
(b)
The Supported Employment State Plan, including any
needed annual revisions, is submitted as a supplement to the State Plan.
Section 4: Administration of
the State Plan
4.1
Designated state agency and designated state unit. (Section
101(a)(2) of the Rehabilitation Act; 34 CFR 361.13(a) and (b))
(a)
Designated state agency.
(1)
There is a state agency designated as the sole state agency
to administer the State Plan or to supervise its administration in a
political subdivision of the state by a sole local agency.
(2)
The designated state agency is:
Yes
(A)
a state agency that is primarily concerned with
vocational rehabilitation or vocational and other rehabilitation of
individuals with disabilities; or
Yes
(B)
a state agency that is not primarily concerned with
vocational rehabilitation or vocational and other rehabilitation of
individuals with disabilities and includes a vocational rehabilitation unit
as provided in paragraph (b) of this section.
(3)
In American Samoa, the designated state agency is the
governor.
(b)
Designated state unit.
(1)
If the designated state agency is not primarily concerned
with vocational rehabilitation or vocational and other rehabilitation of
individuals with disabilities, in accordance with subparagraph 4.1(a)(2)(B)
of this section, the state agency includes a vocational rehabilitation
bureau, division or unit that:
(A)
is primarily concerned with vocational rehabilitation or
vocational and other rehabilitation of individuals with disabilities and is
responsible for the administration of the designated state agency's vocational
rehabilitation program under the State Plan;
(B)
has a full-time director;
(C)
has a staff, at least 90 percent of whom are employed
full-time on the rehabilitation work of the organizational unit; and
(D)
is located at an organizational level and has an
organizational status within the designated state agency comparable to that
of other major organizational units of the designated state agency.
(2)
The name of the designated state vocational
rehabilitation unit is
4.2
State independent commission or State Rehabilitation
Council. (Sections 101(a)(21) and 105 of the Rehabilitation Act; 34 CFR 361.16
and .17)
The State Plan must contain one of the following
assurances.
Yes
(a)
The designated state agency is an independent state
commission that:
(1)
is responsible under state law for operating or
overseeing the operation of the vocational rehabilitation program in the
state and is primarily concerned with the vocational rehabilitation or
vocational and other rehabilitation of individuals with disabilities in
accordance with subparagraph 4.1(a)(2)(A) of this section.
(2)
is consumer controlled by persons who:
(A)
are individuals with physical or mental impairments that
substantially limit major life activities; and
(B)
represent individuals with a broad range of
disabilities, unless the designated state unit under the direction of the
commission is the state agency for individuals who are blind;
(3)
includes family members, advocates or other
representatives of individuals with mental impairments; and
(4)
undertakes the functions set forth in Section 105(c)(4)
of the Rehabilitation Act and 34 CFR 361.17(h)(4).
or
Yes
(b)
The state has established a State Rehabilitation Council
that meets the criteria set forth in Section 105 of the Rehabilitation Act,
34 CFR 361.17 and the designated state unit:
(1)
jointly with the State Rehabilitation Council develops,
agrees to and reviews annually state goals and priorities and jointly submits
to the commissioner annual reports of progress in accordance with the
provisions of Section 101(a)(15) of the Rehabilitation Act, 34 CFR 361.29
and subsection 4.11 of this State Plan;
(2)
regularly consults with the State Rehabilitation Council
regarding the development, implementation and revision of state policies
and procedures of general applicability pertaining to the provision of
vocational rehabilitation services;
(3)
includes in the State Plan and in any revision to the
State Plan a summary of input provided by the State Rehabilitation Council,
including recommendations from the annual report of the council described
in Section 105(c)(5) of the Rehabilitation Act and 34 CFR 361.17(h)(5), the
review and analysis of consumer satisfaction described in Section 105(c)(4)
of the Rehabilitation Act and 34 CFR 361.17(h)(4), and other reports
prepared by the council and the response of the designated state unit to
the input and recommendations, including explanations for rejecting any
input or recommendation; and
(4)
transmits to the council:
(A)
all plans, reports and other information required under 34
CFR 361 to be submitted to the commissioner;
(B)
all policies and information on all practices and
procedures of general applicability provided to or used by rehabilitation personnel
in carrying out this State Plan and its supplement; and
(C)
copies of due process hearing decisions issued under 34
CFR 361.57, which are transmitted in such a manner as to ensure that the identity
of the participants in the hearings is kept confidential.
(c)
If the designated state unit has a State Rehabilitation
Council, Attachment 4.2(c) provides a summary of the input provided by the council
consistent with the provisions identified in subparagraph (b)(3) of this
section; the response of the designated state unit to the input and
recommendations; and, explanations for the rejection of any input or any
recommendation.
4.3
Consultations regarding the administration of the State
Plan. (Section 101(a)(16)(B) of the Rehabilitation Act; 34 CFR 361.21)
The designated state agency takes into account, in connection
with matters of general policy arising in the administration of the plan
and its supplement, the views of:
(a)
individuals and groups of individuals who are recipients
of vocational rehabilitation services or, as appropriate, the individuals'
representatives;
(b)
personnel working in programs that provide vocational
rehabilitation services to individuals with disabilities;
(c)
providers of vocational rehabilitation services to
individuals with disabilities;
(d)
the director of the Client Assistance Program; and
(e)
the State Rehabilitation Council, if the state has a
council.
4.4
Nonfederal share. (Sections 7(14) and 101(a)(3) of the
Rehabilitation Act; 34 CFR 80.24 and 361.60)
The nonfederal share of the cost of carrying out this
State Plan is 21.3 percent and is provided through the financial participation
by the state or, if the state elects, by the state and local agencies.
4.5
Local administration. (Sections 7(24) and 101(a)(2)(A)
of the Rehabilitation Act; 34 CFR 361.5(b)(47) and .15)
The State Plan provides for the administration of the
plan by a local agency.
If "Yes", the designated state agency:
(a)
ensures that each local agency is under the supervision of
the designated state unit with the sole local agency, as that term is
defined in Section 7(24) of the Rehabilitation Act and 34 CFR 361.5(b)(47),
responsible for the administration of the vocational rehabilitation program
within the political subdivision that it serves; and
(b)
develops methods that each local agency will use to
administer the vocational rehabilitation program in accordance with the
State Plan.
4.6
Shared funding and administration of joint programs. (Section
101(a)(2)(A)(ii) of the Rehabilitation Act; 34 CFR 361.27)
The State Plan provides for the state agency to share
funding and administrative responsibility with another state agency or
local public agency to carry out a joint program to provide services to
individuals with disabilities.
If "Yes", the designated state agency submits
to the commissioner for approval a plan that describes its shared funding
and administrative arrangement. The plan must include:
(a)
a description of the nature and scope of the joint
program;
(b)
the services to be provided under the joint program;
(c)
the respective roles of each participating agency in the
administration and provision of services; and
(d)
the share of the costs to be assumed by each agency.
4.7
Statewideness and waivers of statewideness. (Section 101(a)(4)
of the Rehabilitation Act; 34 CFR 361.25, .26, and .60(b)(3)(i) and (ii))
(a)
Services provided under the State Plan are available in
all political subdivisions of the state.
(b)
The state unit may provide services in one or more
political subdivisions of the state that increase services or expand the
scope of services that are available statewide under this State Plan if
the:
(1)
nonfederal share of the cost of these services is met
from funds provided by a local public agency, including funds contributed
to a local public agency by a private agency, organization or individual;
(2)
services are likely to promote the vocational
rehabilitation of substantially larger numbers of individuals with
disabilities or of individuals with disabilities with particular types of
impairments; and
(3)
state, for purposes other than the establishment of a community
rehabilitation program or the construction of a particular facility for
community rehabilitation program purposes, requests in Attachment 4.7(b)(3)
a waiver of the statewideness requirement in accordance with the following
requirements:
(A)
identification of the types of services to be provided;
(B)
written assurance from the local public agency that it
will make available to the state unit the nonfederal share of funds;
(C)
written assurance that state unit approval will be
obtained for each proposed service before it is put into effect; and
(D)
written assurance that all other State Plan
requirements, including a state's order of selection, will apply to all
services approved under the waiver.
(c)
Contributions, consistent with the requirements of 34
CFR 361.60(b)(3)(ii), by private entities of earmarked funds for particular
geographic areas within the state may be used as part of the nonfederal
share without the state requesting a waiver of the statewideness
requirement provided that the state notifies the commissioner that it
cannot provide the full nonfederal share without using the earmarked funds.
4.8
Cooperation, collaboration and coordination. (Sections
101(a)(11), (24)(B), and 625(b)(4) and (5) of the Rehabilitation Act; 34
CFR 361.22, .23, .24, and .31, and 363.11(e))
(a)
Cooperative agreements with other components of
statewide work force investment system.
The designated state agency or the designated state unit
has cooperative agreements with other entities that are components of the
statewide work force investment system and replicates those agreements at
the local level between individual offices of the designated state unit and
local entities carrying out the One-Stop service delivery system or other
activities through the statewide work force investment system.
(b)
Cooperation and coordination with other agencies and
entities.
Attachment 4.8(b) (1)-(4) describes the designated state
agency's:
(1)
cooperation with and use of the services and facilities of
the federal, state, and local agencies and programs, including programs
carried out by the undersecretary for Rural Development of the United
States Department of Agriculture and state use contracting programs, to the
extent that those agencies and programs are not carrying out activities
through the statewide work force investment system;
(2)
coordination, in accordance with the requirements of
paragraph 4.8(c) of this section, with education officials to facilitate the
transition of students with disabilities from school to the receipt of
vocational rehabilitation services;
(3)
establishment of cooperative agreements with private
nonprofit vocational rehabilitation service providers, in accordance with the
requirements of paragraph 5.10(b) of the State Plan; and,
(4)
efforts to identify and make arrangements, including
entering into cooperative agreements, with other state agencies and entities
with respect to the provision of supported employment and extended services
for individuals with the most significant disabilities, in accordance with
the requirements of subsection 6.5 of the supplement to this State Plan.
(c)
Coordination with education officials.
(1)
Attachment 4.8(b)(2) describes the plans, policies and
procedures for coordination between the designated state agency and education
officials responsible for the public education of students with
disabilities that are designed to facilitate the transition of the students
who are individuals with disabilities from the receipt of educational
services in school to the receipt of vocational rehabilitation services
under the responsibility of the designated state agency.
(2)
The State Plan description must:
(A)
provide for the development and approval of an individualized
plan for employment in accordance with 34 CFR 361.45 as early as possible
during the transition planning process but, at the latest, before each
student determined to be eligible for vocational rehabilitation services
leaves the school setting or if the designated state unit is operating on
an order of selection before each eligible student able to be served under
the order leaves the school setting; and
(B)
include information on a formal interagency agreement with
the state educational agency that, at a minimum, provides for:
(i)
consultation and technical assistance to assist
educational agencies in planning for the transition of students with disabilities
from school to postschool activities, including vocational rehabilitation
services;
(ii)
transition planning by personnel of the designated state
agency and the educational agency for students with disabilities that facilitates
the development and completion of their individualized education programs
under Section 614(d) of the Individuals with Disabilities Education Act;
(iii)
roles and responsibilities, including financial responsibilities,
of each agency, including provisions for determining state lead agencies
and qualified personnel responsible for transition services; and
(iv)
procedures for outreach to students with disabilities as
early as possible during the transition planning process and identification
of students with disabilities who need transition services.
(d)
Coordination with statewide independent living council
and independent living centers.
The designated state unit, the Statewide Independent
Living Council established under Section 705 of the Rehabilitation Act and
34 CFR 364, and the independent living centers described in Part C of Title
VII of the Rehabilitation Act and 34 CFR 366 have developed working
relationships and coordinate their activities.
(e)
Cooperative agreement with recipients of grants for
services to American Indians.
(1)
There is in the state a recipient(s) of a grant under Part
C of Title I of the Rehabilitation Act for the provision of vocational
rehabilitation services for American Indians who are individuals with
disabilities residing on or near federal and state reservations.
Yes
(2)
If "Yes", the designated state agency has
entered into a formal cooperative agreement that meets the following requirements
with each grant recipient in the state that receives funds under Part C of
Title I of the Rehabilitation Act:
(A)
strategies for interagency referral and information sharing
that will assist in eligibility determinations and the development of
individualized plans for employment;
(B)
procedures for ensuring that American Indians who are individuals
with disabilities and are living near a reservation or tribal service area
are provided vocational rehabilitation services; and
(C)
provisions for sharing resources in cooperative studies
and assessments, joint training activities, and other collaborative
activities designed to improve the provision of services to American
Indians who are individuals with disabilities.
4.9
Methods of administration. (Section 101(a)(6) of the Rehabilitation
Act; 34 CFR 361.12, .19 and .51(a) and (b))
(a)
In general.
The state agency employs methods of administration,
including procedures to ensure accurate data collection and financial accountability,
found by the commissioner to be necessary for the proper and efficient
administration of the plan and for carrying out all the functions for which
the state is responsible under the plan and 34 CFR 361.
(b)
Employment of individuals with disabilities.
The designated state agency and entities carrying out
community rehabilitation programs in the state, who are in receipt of
assistance under Part B, of Title I of the Rehabilitation Act and this State
Plan, take affirmative action to employ and advance in employment qualified
individuals with disabilities covered under and on the same terms and
conditions as set forth in Section 503 of the Rehabilitation Act.
(c)
Facilities.
Any facility used in connection with the delivery of
services assisted under this State Plan meets program accessibility
requirements consistent with the provisions, as applicable, of the
Architectural Barriers Rehabilitation Act of 1968, Section 504 of the Rehabilitation
Act, the Americans with Disabilities Act of 1990 and the regulations
implementing these laws.
4.10
Comprehensive system of personnel development. (Section
101(a)(7) of the Rehabilitation Act; 34 CFR 361.18)
Attachment 4.10 describes the designated state agency's
procedures and activities to establish and maintain a comprehensive system
of personnel development designed to ensure an adequate supply of qualified
state rehabilitation professional and paraprofessional personnel for the
designated state unit. The description includes the following:
(a)
Data system on personnel and personnel development.
Development and maintenance of a system for collecting and
analyzing on an annual basis data on qualified personnel needs and
personnel development with respect to:
(1)
Qualified personnel needs.
(A)
The number of personnel who are employed by the state agency
in the provision of vocational rehabilitation services in relation to the
number of individuals served, broken down by personnel category;
(B)
The number of personnel currently needed by the state agency
to provide vocational rehabilitation services, broken down by personnel
category; and
(C)
Projections of the number of personnel, broken down by
personnel category, who will be needed by the state agency to provide
vocational rehabilitation services in the state in five years based on
projections of the number of individuals to be served, including
individuals with significant disabilities, the number of personnel expected
to retire or leave the field, and other relevant factors.
(2)
Personnel development.
(A)
A list of the institutions of higher education in the
state that are preparing vocational rehabilitation professionals, by type
of program;
(B)
The number of students enrolled at each of those
institutions, broken down by type of program; and
(C)
The number of students who graduated during the prior
year from each of those institutions with certification or licensure, or
with the credentials for certification or licensure, broken down by the
personnel category for which they have received, or have the credentials to
receive, certification or licensure.
(b)
Plan for recruitment, preparation and retention of qualified
personnel.
Development, updating on an annual basis, and
implementation of a plan to address the current and projected needs for
qualified personnel based on the data collection and analysis system
described in paragraph (a) of this subsection and that provides for the
coordination and facilitation of efforts between the designated state unit
and institutions of higher education and professional associations to
recruit, prepare and retain personnel who are qualified in accordance with
paragraph (c) of this subsection, including personnel from minority
backgrounds and personnel who are individuals with disabilities.
(c)
Personnel standards.
Policies and procedures for the establishment and maintenance
of personnel standards to ensure that designated state unit professional
and paraprofessional personnel are appropriately and adequately prepared
and trained, including:
(1)
standards that are consistent with any national- or
state-approved or recognized certification, licensing, registration, or, in
the absence of these requirements, other comparable requirements (including
state personnel requirements) that apply to the profession or discipline in
which such personnel are providing vocational rehabilitation services.
(2)
To the extent that existing standards are not based on
the highest requirements in the state applicable to a particular profession
or discipline, the steps the state is currently taking and the steps the
state plans to take in accordance with the written plan to retrain or hire
personnel within the designated state unit to meet standards that are based
on the highest requirements in the state, including measures to notify
designated state unit personnel, the institutions of higher education
identified in subparagraph (a)(2), and other public agencies of these steps
and the time lines for taking each step.
(3)
The written plan required by subparagraph (c)(2)
describes the following:
(A)
specific strategies for retraining, recruiting and
hiring personnel;
(B)
the specific time period by which all state unit personnel
will meet the standards required by subparagraph (c)(1);
(C)
procedures for evaluating the designated state unit's
progress in hiring or retraining personnel to meet applicable personnel
standards within the established time period; and
(D)
the identification of initial minimum qualifications
that the designated state unit will require of newly hired personnel when
the state unit is unable to hire new personnel who meet the established personnel
standards and the identification of a plan for training such individuals to
meet the applicable standards within the time period established for all
state unit personnel to meet the established personnel standards.
(d)
Staff development.
Policies, procedures and activities to ensure that all
personnel employed by the designated state unit receive appropriate and
adequate training. The narrative describes the following:
(1)
A system of staff development for professionals and
paraprofessionals within the designated state unit, particularly with
respect to assessment, vocational counseling, job placement and
rehabilitation technology.
(2)
Procedures for the acquisition and dissemination to
designated state unit professionals and paraprofessionals significant
knowledge from research and other sources.
(e)
Personnel to address individual communication needs.
Availability of personnel within the designated state
unit or obtaining the services of other individuals who are able to
communicate in the native language of applicants or eligible individuals
who have limited English speaking ability or in appropriate modes of
communication with applicants or eligible individuals.
(f)
Coordination of personnel development under the
Individuals with Disabilities Education Act.
Procedures and activities to coordinate the designated state
unit's comprehensive system of personnel development with personnel
development under the Individuals with Disabilities Education Act.
4.11.
Statewide assessment; annual estimates; annual state goals
and priorities; strategies; and progress reports. (Sections 101(a)(15),
105(c)(2) and 625(b)(2) of the Rehabilitation Act; 34 CFR 361.17(h)(2),
.29, and 363.11(b))
(a)
Comprehensive statewide assessment.
(1)
Attachment 4.11(a) documents the results of a
comprehensive, statewide assessment, jointly conducted every three years by
the designated state unit and the State Rehabilitation Council (if the
state has such a council). The assessment describes:
(A)
the rehabilitation needs of individuals with
disabilities residing within the state, particularly the vocational
rehabilitation services needs of:
(i)
individuals with the most significant disabilities, including
their need for supported employment services;
(ii)
individuals with disabilities who are minorities and
individuals with disabilities who have been unserved or underserved by the vocational
rehabilitation program carried out under this State Plan; and
(iii)
individuals with disabilities served through other
components of the statewide work force investment system.
(B)
The need to establish, develop or improve community
rehabilitation programs within the state.
(2)
For any year in which the state updates the assessments,
the designated state unit submits to the commissioner a report containing information
regarding updates to the assessments.
(b)
Annual estimates.
Attachment 4.11(b) identifies on an annual basis state
estimates of the:
(1)
number of individuals in the state who are eligible for services
under the plan;
(2)
number of eligible individuals who will receive services
provided with funds provided under Part B of Title I of the Rehabilitation
Act and under Part B of Title VI of the Rehabilitation Act, including, if
the designated state agency uses an order of selection in accordance with
subparagraph 5.3(b)(2) of this State Plan, estimates of the number of
individuals to be served under each priority category within the order; and
(3)
costs of the services described in subparagraph (b)(1),
including, if the designated state agency uses an order of selection, the
service costs for each priority category within the order.
(c)
Goals and priorities.
(1)
Attachment 4.11(c)(1) identifies the goals and
priorities of the state that are jointly developed or revised, as
applicable, with and agreed to by the State Rehabilitation Council, if the
agency has a council, in carrying out the vocational rehabilitation and
supported employment programs.
(2)
The designated state agency submits to the commissioner
a report containing information regarding any revisions in the goals and
priorities for any year the state revises the goals and priorities.
(3)
Order of selection.
If the state agency implements an order of selection,
consistent with subparagraph 5.3(b)(2) of the State Plan, Attachment
4.11(c)(3):
(A)
shows the order to be followed in selecting eligible
individuals to be provided vocational rehabilitation services;
(B)
provides a justification for the order; and
(C)
identifies the service and outcome goals, and the time
within which these goals may be achieved for individuals in each priority
category within the order.
(4)
Goals and plans for distribution of Title VI, Part B,
funds.
Attachment 4.11(c)(4) specifies, consistent with subsection
6.4 of the State Plan supplement, the state's goals and priorities with
respect to the distribution of funds received under Section 622 of the
Rehabilitation Act for the provision of supported employment services.
(d)
Strategies.
(1)
Attachment 4.11(d) describes the strategies, including:
(A)
the methods to be used to expand and improve services to
individuals with disabilities, including how a broad range of assistive technology
services and assistive technology devices will be provided to those
individuals at each stage of the rehabilitation process and how those
services and devices will be provided to individuals with disabilities on a
statewide basis;
(B)
outreach procedures to identify and serve individuals
with disabilities who are minorities, including those with the most
significant disabilities in accordance with subsection 6.6 of the State Plan
supplement, and individuals with disabilities who have been unserved or
underserved by the vocational rehabilitation program;
(C)
as applicable, the plan of the state for establishing,
developing or improving community rehabilitation programs;
(D)
strategies to improve the performance of the state with
respect to the evaluation standards and performance indicators established
pursuant to Section 106 of the Rehabilitation Act; and
(E)
strategies for assisting other components of the
statewide work force investment system in assisting individuals with
disabilities.
(2)
Attachment 4.11 (d) describes how the designated state
agency uses these strategies to:
(A)
address the needs identified in the assessment conducted
under paragraph 4.11(a) and achieve the goals and priorities identified in
the State Plan attachments under paragraph 4.11(c);
(B)
support the innovation and expansion activities
identified in subparagraph 4.12(a)(1) and (2) of the plan; and
(C)
overcome identified barriers relating to equitable
access to and participation of individuals with disabilities in the State
Vocational Rehabilitation Services Program and State Supported Employment
Services Program.
(e)
Evaluation and reports of progress.
(1)
The designated state unit and the State Rehabilitation Council,
if the state unit has a council, jointly submits to the commissioner an
annual report on the results of an evaluation of the effectiveness of the
vocational rehabilitation program and the progress made in improving the
effectiveness of the program from the previous year.
(2)
Attachment 4.11(e)(2):
(A)
provides an evaluation of the extent to which the goals
identified in Attachment 4.11(c)(1) and, if applicable, Attachment
4.11(c)(3) were achieved;
(B)
identifies the strategies that contributed to the
achievement of the goals and priorities;
(C)
describes the factors that impeded their achievement, to
the extent they were not achieved;
(D)
assesses the performance of the state on the standards
and indicators established pursuant to Section 106 of the Rehabilitation
Act; and
(E)
provides a report consistent with paragraph 4.12(c) of the
plan on how the funds reserved for innovation and expansion activities were
utilized in the preceding year.
4.12
Innovation and expansion. (Section 101(a)(18) of the
Rehabilitation Act; 34 CFR 361.35)
(a)
The designated state agency reserves and uses a portion
of the funds allotted to the state under Section 110 of the Rehabilitation
Act for the:
(1)
development and implementation of innovative approaches to
expand and improve the provision of vocational rehabilitation services to
individuals with disabilities under this State Plan, particularly
individuals with the most significant disabilities, consistent with the
findings of the statewide assessment identified in Attachment 4.11(a) and
goals and priorities of the state identified in Attachments 4.11(c)(1) and,
if applicable, Attachment 4.11(c)(3); and
(2)
support of the funding for the State Rehabilitation Council,
if the state has such a council, consistent with the resource plan prepared
under Section 105(d)(1) of the Rehabilitation Act and 34 CFR 361.17(i), and
the funding of the Statewide Independent Living Council, consistent with
the resource plan prepared under Section 705(e)(1) of the Rehabilitation
Act and 34 CFR 364.21(i).
(b)
Attachment 4.11 (d) describes how the reserved funds
identified in subparagraph 4.12(a)(1) and (2) will be utilized.
(c)
Attachment 4.11(e)(2) describes how the reserved funds
were utilized in the preceding year.
4.13
Reports. (Section 101(a)(10) of the Rehabilitation Act;
34 CFR 361.40)
(a)
The designated state unit submits reports in the form
and level of detail and at the time required by the commissioner regarding
applicants for and eligible individuals receiving services under the State
Plan.
(b)
Information submitted in the reports provides a complete
count, unless sampling techniques are used, of the applicants and eligible
individuals in a manner that permits the greatest possible
cross-classification of data and protects the confidentiality of the
identity of each individual.
Section 5: Administration of
the Provision of Vocational Rehabilitation Services
5.1
Information and referral services. (Sections
101(a)(5)(D) and (20) of the Rehabilitation Act; 34 CFR 361.37)
The designated state agency has implemented an
information and referral system that is adequate to ensure that individuals
with disabilities, including individuals who do not meet the agency"s
order of selection criteria for receiving vocational rehabilitation
services if the agency is operating on an order of selection, are provided
accurate vocational rehabilitation information and guidance, including
counseling and referral for job placement, using appropriate modes of
communication, to assist such individuals in preparing for, securing,
retaining or regaining employment, and are referred to other appropriate
federal and state programs, including other components of the statewide
work force investment system in the state.
5.2
Residency. (Section 101(a)(12) of the Rehabilitation
Act; 34 CFR 361.42(c)(1))
The designated state unit imposes no duration of
residence requirement as part of determining an individual"s eligibility
for vocational rehabilitation services or that excludes from services under
the plan any individual who is present in the state.
5.3
Ability to serve all eligible individuals; order of selection
for services. (Sections 12(d) and 101(a)(5) of the Rehabilitation Act; 34
CFR 361.36)
(a)
The designated state unit is able to provide the full
range of services listed in Section 103(a) of the Rehabilitation Act and 34
CFR 361.48, as appropriate, to all eligible individuals with disabilities
in the state who apply for services.
(b)
If No:
(1)
Individuals with the most significant disabilities, in
accordance with criteria established by the state, are selected first for
vocational rehabilitation services before other individuals with
disabilities.
(2)
Attachment 4.11(c)(3):
(A)
shows the order to be followed in selecting eligible
individuals to be provided vocational rehabilitation services;
(B)
provides a justification for the order of selection; and
(C)
identifies the state"s service and outcome goals
and the time within which these goals may be achieved for individuals in
each priority category within the order.
(3)
Eligible individuals who do not meet the order of selection
criteria have access to the services provided through the designated state
unit"s information and referral system established under Section
101(a)(20) of the Rehabilitation Act, 34 CFR 361.37, and subsection 5.1 of
this State Plan.
5.4
Availability of comparable services and benefits.
(Sections 101(a)(8) and 103(a) of the Rehabilitation Act; 34 CFR 361.53)
(a)
Prior to providing any vocational rehabilitation services,
except those services identified in paragraph (b), to an eligible
individual or to members of the individual"s family, the state unit
determines whether comparable services and benefits exist under any other
program and whether those services and benefits are available to the
individual.
(b)
The following services are exempt from a determination
of the availability of comparable services and benefits:
(1)
assessment for determining eligibility and vocational rehabilitation
needs by qualified personnel, including, if appropriate, an assessment by
personnel skilled in rehabilitation technology;
(2)
counseling and guidance, including information and support
services to assist an individual in exercising informed choice consistent
with the provisions of Section 102(d) of the Rehabilitation Act;
(3)
referral and other services to secure needed services
from other agencies, including other components of the statewide work force
investment system, through agreements developed under Section 101(a)(11) of
the Rehabilitation Act, if such services are not available under this State
Plan;
(4)
job-related services, including job search and placement
assistance, job retention services, follow-up services, and follow-along
services;
(5)
rehabilitation technology, including telecommunications,
sensory and other technological aids and devices; and
(6)
post-employment services consisting of the services
listed under subparagraphs (1) through (5) of this paragraph.
(c)
The requirements of paragraph (a) of this section do not
apply if the determination of the availability of comparable services and
benefits under any other program would interrupt or delay:
(1)
progress of the individual toward achieving the employment
outcome identified in the individualized plan for employment;
(2)
an immediate job placement; or
(3)
provision of vocational rehabilitation services to any individual
who is determined to be at extreme medical risk, based on medical evidence
provided by an appropriate qualified medical professional.
(d)
The governor in consultation with the designated state vocational
rehabilitation agency and other appropriate agencies ensures that an
interagency agreement or other mechanism for interagency coordination that
meets the requirements of Section 101(a)(8)(B)(i)-(iv) of the
Rehabilitation Act takes effect between the designated state unit and any
appropriate public entity, including the state Medicaid program, a public
institution of higher education, and a component of the statewide work
force investment system to ensure the provision of the vocational rehabilitation
services identified in Section 103(a) of the Rehabilitation Act and 34 CFR
361.48, other than the services identified in paragraph (b) of this
section, that are included in the individualized plan for employment of an
eligible individual, including the provision of those vocational
rehabilitation services during the pendency of any dispute that may arise
in the implementation of the interagency agreement or other mechanism for
interagency coordination.
5.5
Individualized plan for employment. (Section 101(a)(9)
of the Rehabilitation Act; 34 CFR 361.45 and .46)
(a)
An individualized plan for employment meeting the
requirements of Section 102(b) of the Rehabilitation Act and 34 CFR 361.45 and
.46 is developed and implemented in a timely manner for each individual
determined to be eligible for vocational rehabilitation services, except if
the state has implemented an order of selection, and is developed and
implemented for each individual to whom the designated state unit is able
to provide vocational rehabilitation services.
(b)
Services to an eligible individual are provided in
accordance with the provisions of the individualized plan for employment.
5.6
Opportunity to make informed choices regarding the
selection of services and providers. (Sections 101(a)(19) and 102(d) of the
Rehabilitation Act; 34 CFR 361.52)
Applicants and eligible individuals or, as appropriate, their
representatives are provided information and support services to assist in
exercising informed choice throughout the rehabilitation process,
consistent with the provisions of Section 102(d) of the Rehabilitation Act
and 34 CFR 361.52.
5.7
Services to American Indians. (Section 101(a)(13) of the
Rehabilitation Act; 34 CFR 361.30)
The designated state unit provides vocational
rehabilitation services to American Indians who are individuals with disabilities
residing in the state to the same extent as the designated state agency
provides such services to other significant populations of individuals with
disabilities residing in the state.
5.8
Annual review of individuals in extended employment or
other employment under special certificate provisions of the fair labor
standards act of 1938. (Section 101(a)(14) of the Rehabilitation Act; 34
CFR 361.55)
(a)
The designated state unit conducts an annual review and
reevaluation of the status of each individual with a disability served
under this State Plan:
(1)
who has achieved an employment outcome in which the individual
is compensated in accordance with Section 14(c) of the Fair Labor Standards
Act (29 U.S.C. 214(c)); or
(2)
whose record of services is closed while the individual
is in extended employment on the basis that the individual is unable to
achieve an employment outcome in an integrated setting or that the
individual made an informed choice to remain in extended employment.
(b)
The designated state unit carries out the annual review and
reevaluation for two years after the individual"s record of services
is closed (and thereafter if requested by the individual or, if
appropriate, the individual"s representative) to determine the
interests, priorities and needs of the individual with respect to
competitive employment or training for competitive employment.
(c)
The designated state unit makes maximum efforts,
including the identification and provision of vocational rehabilitation
services, reasonable accommodations and other necessary support services,
to assist the individuals described in paragraph (a) in engaging in
competitive employment.
(d)
The individual with a disability or, if appropriate, the
individual"s representative has input into the review and reevaluation
and, through signed acknowledgement, attests that the review and
reevaluation have been conducted.
5.9
Use of Title I funds for construction of facilities.
(Sections 101(a)(17) and 103(b)(2)(A) of the Rehabilitation Act; 34 CFR
361.49(a)(1), .61 and .62(b))
If the state elects to construct, under special
circumstances, facilities for community rehabilitation programs, the
following requirements are met:
(a)
The federal share of the cost of construction for
facilities for a fiscal year does not exceed an amount equal to 10 percent
of the state"s allotment under Section 110 of the Rehabilitation Act
for that fiscal year.
(b)
The provisions of Section 306 of the Rehabilitation Act
that were in effect prior to the enactment of the Rehabilitation Act
Amendments of 1998 apply to such construction.
(c)
There is compliance with the requirements in 34 CFR 361.62(b)
that ensure the use of the construction authority will not reduce the
efforts of the designated state agency in providing other vocational
rehabilitation services other than the establishment of facilities for
community rehabilitation programs.
5.10
Contracts and cooperative agreements. (Section
101(a)(24) of the Rehabilitation Act; 34 CFR 361.31 and .32)
(a)
Contracts with for-profit organizations.
The designated state agency has the authority to enter
into contracts with for-profit organizations for the purpose of providing,
as vocational rehabilitation services, on-the-job training and related
programs for individuals with disabilities under Part A of Title VI of the
Rehabilitation Act, upon the determination by the designated state agency
that for-profit organizations are better qualified to provide vocational
rehabilitation services than nonprofit agencies and organizations.
(b)
Cooperative agreements with private nonprofit
organizations.
Attachment 4.8(b)(3) describes the manner in which the
designated state agency establishes cooperative agreements with private
nonprofit vocational rehabilitation service providers.
Section 6: Program
Administration
6.1
Designated state agency. (Section 625(b)(1) of the
Rehabilitation Act; 34 CFR 363.11(a))
The designated state agency for vocational rehabilitation
services identified in paragraph 1.2 of the Title I State Plan is the state
agency designated to administer the State Supported Employment Services
Program authorized under Title VI, Part B, of the Rehabilitation Act.
6.2
Statewide assessment of supported employment services
needs. (Section 625(b)(2) of the Rehabilitation Act; 34 CFR 363.11(b))
Attachment 4.11(a) describes the results of the
comprehensive, statewide needs assessment conducted under Section 101(a)(15)(a)(1)
of the Rehabilitation Act and subparagraph 4.11(a)(1) of the Title I State
Plan with respect to the rehabilitation needs of individuals with most
significant disabilities and their need for supported employment services,
including needs related to coordination.
6.3
Quality, scope and extent of supported employment
services. (Section 625(b)(3) of the Rehabilitation Act; 34 CFR 363.11(c)
and .50(b)(2))
Attachment 6.3 describes the quality, scope and extent of
supported employment services to be provided to individuals with the most
significant disabilities who are eligible to receive supported employment
services. The description also addresses the timing of the transition to
extended services to be provided by relevant state agencies, private
nonprofit organizations or other sources following the cessation of
supported employment service provided by the designated state agency.
6.4
Goals and plans for distribution of Title VI, Part B, funds.
(Section 625(b)(3) of the Rehabilitation Act; 34 CFR 363.11(d) and .20)
Attachment 4.11(c)(4) identifies the state's goals and
plans with respect to the distribution of funds received under Section 622
of the Rehabilitation Act.
6.5
Evidence of collaboration with respect to supported
employment services and extended services. (Sections 625(b)(4) and (5) of
the Rehabilitation Act; 34 CFR 363.11(e))
Attachment 4.8(b)(4) describes the efforts of the designated
state agency to identify and make arrangements, including entering into
cooperative agreements, with other state agencies and other appropriate
entities to assist in the provision of supported employment services and
other public or nonprofit agencies or organizations within the state,
employers, natural supports, and other entities with respect to the
provision of extended services.
6.6
Minority outreach. (34 CFR 363.11(f))
Attachment 4.11(d) includes a description of the
designated state agency's outreach procedures for identifying and serving
individuals with the most significant disabilities who are minorities.
6.7
Reports. (Sections 625(b)(8) and 626 of the
Rehabilitation Act; 34 CFR 363.11(h) and .52)
The designated state agency submits reports in such form
and in accordance with such procedures as the commissioner may require and collects
the information required by Section 101(a)(10) of the Rehabilitation Act
separately for individuals receiving supported employment services under
Part B, of Title VI and individuals receiving supported employment services
under Title I of the Rehabilitation Act.
Section 7: Financial
Administration
7.1
Five percent limitation on administrative costs.
(Section 625(b)(7) of the Rehabilitation Act; 34 CFR 363.11(g)(8))
The designated state agency expends no more than five
percent of the state's allotment under Section 622 of the Rehabilitation
Act for administrative costs in carrying out the State Supported Employment
Services Program.
7.2
Use of funds in providing services. (Sections 623 and
625(b)(6)(A) and (D) of the Rehabilitation Act; 34 CFR 363.6(c)(2)(iv),
.11(g)(1) and (4))
(a)
Funds made available under Title VI, Part B, of the Rehabilitation
Act are used by the designated state agency only to provide supported
employment services to individuals with the most significant disabilities
who are eligible to receive such services.
(b)
Funds provided under Title VI, Part B, are used only to
supplement and not supplant the funds provided under Title I, Part B, of
the Rehabilitation Act, in providing supported employment services
specified in the individualized plan for employment.
(c)
Funds provided under Part B of Title VI or Title I of
the Rehabilitation Act are not used to provide extended services to
individuals who are eligible under Part B of Title VI or Title I of the
Rehabilitation Act.
Section 8: Provision of
Supported Employment Services
8.1
Scope of supported employment services. (Sections 7(36)
and 625(b)(6)(F) and (G) of the Rehabilitation Act; 34 CFR 361.5(b)(54),
363.11(g)(6) and (7))
(a)
Supported employment services are those services as defined
in Section 7(36) of the Rehabilitation Act and 34 CFR 361.5(b)(54).
(b)
To the extent job skills training is provided, the
training is provided on-site.
(c)
Supported employment services include placement in an integrated
setting for the maximum number of hours possible based on the unique
strengths, resources, priorities, concerns, abilities, capabilities,
interests and informed choice of individuals with the most significant
disabilities.
8.2
Comprehensive assessments of individuals with
significant disabilities. (Sections 7(2)(B) and 625(b)(6)(B); 34 CFR
361.5(b)(6)(ii) and 363.11(g)(2))
The comprehensive assessment of individuals with significant
disabilities conducted under Section 102(b)(1) of the Rehabilitation Act
and funded under Title I of the Rehabilitation Act includes consideration
of supported employment as an appropriate employment outcome.
8.3
Individualized plan for employment. (Sections
102(b)(3)(F) and 625(b)(6)(C) and (E) of the Rehabilitation Act; 34 CFR
361.46(b) and 363.11(g)(3) and (5))
(a)
An individualized plan for employment that meets the requirements
of Section 102(b) of the Rehabilitation Act and 34 CFR 361.45 and .46 is
developed and updated using funds under Title I.
(b)
The individualized plan for employment:
(1)
specifies the supported employment services to be
provided;
(2)
describes the expected extended services needed; and
(3)
identifies the source of extended services, including natural
supports, or, to the extent that it is not possible to identify the source
of extended services at the time the individualized plan for employment
plan is developed, a statement describing the basis for concluding that
there is a reasonable expectation that sources will become available.
(c)
Services provided under an individualized plan for
employment are coordinated with services provided under other
individualized plans established under other federal or state programs.
This screen was last updated on Jan 22 2009 2:21PM by
Ken Schellenberg