UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES REHABILITATION SERVICES ADMINISTRATION WASHINGTON, DC 20202 POLICY DIRECTIVE RSA-PD-93-04 RSM-0501 DATE: May 18, 1993 ADDRESSEES: STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL) STATE VOCATIONAL REHABILITATION AGENCIES (BLIND) CLIENT ASSISTANCE PROGRAMS REGIONAL REHABILITATION CONTINUING EDUCATION PROGRAMS RSA SENIOR MANAGEMENT TEAM SUBJECT: Interim State Plan Preprint for the State Vocational Rehabilitation Services Program and the State Plan Supplement for the State Supported Employment Services Program BACKGROUND: This Policy Directive (PD) provides State vocational rehabilitation agencies with an interim State plan preprint which must be used for Fiscal Year 1994, the third year of the current three-year State plan cycle, which begins on October 1, 1993. This interim State plan preprint is based on the Rehabilitation Act of 1973, as amended through Public Law 102-569, the Rehabilitation Act Amendments of 1992. When final regulations implementing these amendments are published, a revised preprint will be issued. POLICY STATEMENT: This PD transmits official interim State plan preprint materials for the State Vocational Rehabilitation Services Program authorized under title I of the Rehabilitation Act of 1973, as amended, and the State Supported Employment Services Program authorized under title VI, part C of the Act. This PD also provides information and guidance to facilitate the development of an appropriate State plan submission, which, when approved by the cognizant Rehabilitation Services Administration (RSA) Regional Office, will serve as the basis for the continuing flow of formula grant funds to the States to support activities authorized by title I and title VI, part C of the Act. In signing the State plan, the cognizant State official commits the State to administer both the title I and title VI, part C programs in conformity with the statutory provisions of the Act, the applicable regulatory requirements of 34 CFR part 361 and 34 CFR part 363, and the administrative requirements of the Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 76, 77, 78, 79, 80, 81, 82, and 85. These interim State plan preprint materials are based on: - the Rehabilitation Act of 1973 (P.L. 93-112), as amended by Public Laws 93-516, 95-602, 98-221, 99-506, 100-630, and 102-569 (the 1992 Amendments to the Rehabilitation Act); - 34 CFR part 361, the applicable State Vocational Rehabilitation Services Program regulations, promulgated on January 19, 1981 and amended on May 12, 1988; - 34 CFR part 363, the applicable State Supported Employment Services Program regulations, promulgated on June 24, 1992; and - 34 CFR parts 76, 77, 78, 79, 80, 81, 82, and 85, related to general EDGAR requirements for all State plans. In addition to the basic assurances in the preprint, certain State plan attachments are specified by statutory and/or regulatory requirements. The attachments describe in greater detail certain elements of the assurances provided in the State plan preprint. Some of the attachments are required for all State plans, while others are contingent on the options selected by a State in the preprint assurances. A number of new attachments are identified in the instructions to this State plan preprint. These include: o Attachment 2.5(f)A: Summary of Advice and Recommendations of the State Rehabilitation Advisory Council; o Attachment 4.5A: Description of a Comprehensive System of Personnel Development; o Attachment 4.6A: System of Staff Evaluation; o Attachment 6.1(a)(16)A: Description of How On-the-Job or Other Related Personal Assistance Services Will Be Provided to Individuals with Disabilities Receiving Vocational Rehabilitation Services; o Attachment 8.3A: Description of How Choice Will Be Given to Individuals with Disabilities; o Attachment 9.3(b)A: Description of How the Designated State Unit Will Serve All Eligible Individuals; and o Attachment 1.9A: Demonstration of Evidence of Collaboration with Respect to Supported Employment Services. In the case of a number of attachments required prior to the 1992 Amendments, the instructions identify additional requirements which now must be addressed. These attachments include: o Attachment 2.5(a)A: (previously Attachment 2.5A), Summary of the Public Comments and the Designated State Unit's Response to the Comments; o Attachment 6.1(a)(19)A: (previously Attachment 6.1(a)(15)A), Description of How Rehabilitation Technology Services Will Be Provided to Assist an Increasing Number of Individuals with Disabilities; o Attachment 6.2(d)A: (previously Attachment 6.2(e)A), Utilization of Community Rehabilitation Programs; o Attachment 9.1(c)A: Changes in Policy and in the Strategic Plan Resulting from Continuing Statewide Studies, the Annual Program Evaluation, and Consumer Satisfaction Surveys; o Attachment 9.3(c)A: (previously Attachment 9.3(b)A), Description of the Order of Selection, Its Justification, and the Outcome and Service Goals Within Each Category of the Order; o Attachment 9.4A: Methods to Expand and Improve Services to Individuals With the Most Severe Disabilities and to Individuals Who are Minorities or Who Have Been Unserved or Underserved; and o Attachment 10.9(b)A: (previously Attachment 10.6(b)A), Designated State Unit's Plans, Policies, and Methods Related to the Transition of Students Who are Individuals with Disabilities. Final RSA Regional Office action on the State plan is contingent on the receipt of comments from the State's review process, or the passage of at least 60 days from the submittal of the plan to the State review process, whichever occurs first. A State whose State plan is not approved by October 1, 1993 will not be awarded title I and title VI, part C grants until the State plan is approved. Therefore, it is important that these plans be submitted to the appropriate Regional Office in a timely manner to ensure approval by October 1, 1993. If it is not possible to approve this interim State plan before October 1, 1993, the Regional Office may, in accordance with 34 CFR 76.703(c), determine that the interim State plan is substantially approvable if it contains only minor technical problems which can be readily addressed and rectified, such as the omission of an assurance that the State has indicated was an oversight and that will be immediately corrected. A minor problem would not include the failure of a State to receive approval under the State required review process. The determination of whether or not a problem is minor will be made on a case-by-case basis. A determination that an interim State plan is in substantially approvable form would allow a State to begin obligating funds on or after October 1, 1993. Reimbursement for these obligations, however, is subject to final approval of the State plan. CITATIONS IN LAW: Title I and Title VI, part C of the Rehabilitation Act of 1973, as amended. CITATIONS IN REGULATIONS: Applicable sections of the regulations contained in 34 CFR parts 361 and 363; Education Department General Administrative Regulations in 34 CFR parts 76, 77, 78, 79, 80, 81, 82, and 85. EFFECTIVE DATE: Upon Issuance EXPIRATION DATE: September 30, 1994 INQUIRIES: RSA Regional Commissioners ______________________________________ Acting Commissioner Rehabilitation Services Administration Attachment CC: CSAVR UNITED STATES DEPARTMENT OF EDUCATION OMB Number: 1820-0500 OFFICE OF SPECIAL EDUCATION AND Expiration Date: REHABILITATIVE SERVICES September 30, 1994 REHABILITATION SERVICES ADMINISTRATION WASHINGTON, DC 20202 Public reporting burden for this collection of information is estimated to average 91.8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Department of Education, Information Management and Compliance Division, Washington, DC, 20202-4651, and to the Office of Management and Budget, Paperwork Reduction Project 1820-0500, Washington, DC 20503. INSTRUCTIONS FOR COMPLETION AND SUBMITTAL OF THE INTERIM STATE PLAN FOR THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM AND THE STATE PLAN SUPPLEMENT FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM REQUIRED BY THE REHABILITATION ACT OF 1973, AS AMENDED I. Title I State Plan and Its Title VI, Part C Supplement Title I of the Rehabilitation Act of 1973, as amended, authorizes a formula grant program to assist States in operating a comprehensive, coordinated, effective, efficient, and accountable program of vocational rehabilitation that is designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities so that such individuals may prepare for and engage in gainful employment. Title VI, part C of the Act also authorizes a formula grant program to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most severe disabilities who require supported employment services to enter or retain competitive employment. Form Number: ED(RSA)-SPVR Edition Date: May 18, 1993 In order to participate in both of these programs, a State must submit to the Rehabilitation Services Administration (RSA) an approvable Title I State plan and Title VI, Part C supplement to the Title I State plan, with amendments as warranted. The State plan and its supplement are usually required to be submitted for a three-year period, although they can be submitted at other intervals appropriate to coincide with intervals used by the State to submit plans under other Federal laws. This interim State plan and its supplement are necessitated by the 1992 Amendments to the Rehabilitation Act (P.L. 102-569). No Federal funds can be made available under these programs unless the Title I State plan and its Title VI, Part C supplement conform to applicable statutory and regulatory requirements and have been approved by RSA (secs. 101(a) and 635(a) of the Act). The Title I State plan and its Title VI, Part C supplement reflect a State's commitment to carry out these two formula grant programs in compliance with the basic assurances articulated in the plan and its supplement. The plan and its supplement also describe the State's planning and service activities related to a variety of administrative and operational requirements associated with these programs. As such, the plan and its supplement serve as key elements in RSA's monitoring of the State's performance in carrying out the assurances to which it commits itself in submitting the plan and its supplement. II. Format and Content of Title I State Plan and Its Title VI, Part C Supplement The Title I State plan and its Title VI, Part C supplement consist of a preprint that contains affirmative statements of basic assurances, each of which represents a Federal requirement to which the State commits its compliance. Each preprint requirement is associated with a statutory and/or regulatory citation; these citations are identified in the preprint. The preprint also provides a limited choice of options which the State identifies by marking with an "X" in the space provided. In addition to the preprint, the Act and/or its implementing regulations call for State plan attachments which describe in greater detail certain elements of the preprint assurances. The number of attachments is, to a degree, contingent on the options selected by the State in its preprint assurances; however, most attachments are required for all State plans and plan supplements. III. Preparation of State Plan and Its Supplement A. Preprint Assurances 1. States may reproduce copies of the State plan preprint rather than retyping the preprint for submittal. 2. On the first page of the State plan preprint, when identifying the type of agency, indicate whether it is an agency serving all eligible individuals with disabilities in the State, an agency serving only eligible individuals who are blind, or an agency serving all eligible individuals with disabilities except individuals who are blind. 3. Indicate the name of the State agency submitting the State plan at the top of each page of the preprint beginning with page 2. 4. Since the affirmative statements of the preprint reflect the State's commitment to comply with established requirements, changes to these assurance statements are not to be made. 5. For optional choices, indicate the option selected by placing an "X" in the appropriate available space. 6. At the lower right corner of each page of the preprint, indicate the effective date for the preprint assurances, consistent with the following example: Effective Date: October 1, 1993 7. In those instances in which implementation of a preprint assurance requires documentation or activity not addressed in any of the attachments, materials relating to such documentation and required activities must be available to Federal staff for review and monitoring purposes, e.g., written policies on nature and scope of services (section 6.1(b) of the State plan). B. Attachments 1. Certain attachments are required for all States submitting State plans, while other attachments are contingent on options selected by the State. Section V of these instructions identifies the required and contingent attachments. 2. The attachments should provide a clear, succinct, and informative narrative and give greater operational detail to the information provided in the corresponding preprint assurance. Within this context, manuals, bulletins, memoranda, budgets, and similar materials should not be submitted unless such material is specifically required or clearly suitable to the purpose of the attachment. 3. Each attachment should identify the corresponding section or subsection of the preprint, be paginated, and show an effective date. The identification should be placed in the lower right corner of the page and follow this example: Attachment 9.4A, Page 1 of 4 Pages Effective Date: October 1, 1993 IV. Procedures Regarding Development, Submittal, and Disposition of the State Plan and Its Supplement A. Public Participation in State Plan Development Before developing the Title I State plan and its Title VI, Part C supplement, and amendments, the designated State unit must conduct public meetings throughout the State, after appropriate and sufficient notice, to allow interested groups, organizations, and individuals (including the Director of the Client Assistance Program and the State Rehabilitation Advisory Council) an opportunity to comment on the State plan. A summary of the public comments and the State unit's response to those comments should be included in Attachment 2.5(a)A of the State plan submitted to RSA. B. State Review Process If the State has a clearinghouse process, the Title I State plan and its Title VI, Part C supplement (and subsequent amendments) are subject to the provisions of Executive Order 12372 (34 CFR part 79) pertaining to the established State process for review and comment. It is recommended that a draft copy of the plan and its supplement be submitted to the appropriate RSA Regional Office at the same time these materials are submitted to the State review process. C. Transmittal of Official Plan and Its Supplement to RSA 1. In those States in which the State plan has been exempted from the State review process, the official, signed State plan together with two signed copies should be transmitted to the appropriate RSA Regional Office. In those States in which the State plan has been selected for review and comment, the official, signed State plan together with two signed copies should be transmitted to the appropriate RSA Regional Office upon receipt of a response from the State review process or a minimum of 60 days from the date of submittal to the State's review process, whichever occurs first. The interim State plan should be submitted to the RSA Regional Office in a timely manner to ensure approval by October 1, 1993. Regional Office staff must be provided with sufficient time to review the interim State plan and resolve any problems prior to October 1, the effective date of the Title I and Title VI, Part C interim State plan. A State whose State plan is not approved by October 1, 1993 will not be awarded title I and title VI, Part C grants until the State plan is approved. 2. The official State plan and two copies, together with the State review comments, if available, should be transmitted under cover of a letter signed by the State official, identified in section 1.9 of the State plan, who has the authority to submit State plan materials, including amendments. The transmittal letter should encompass the following: o description of the materials being transmitted; o identification of the effective date for the materials; o information concerning the comments, if any, pursuant to the State review process, if applicable; and o request that the materials be approved. 3. If comments from the State review process are received by the designated State unit at any time subsequent to the submission of the official State plan, it is requested that the comments be transmitted to the appropriate RSA Regional Office. D. Disposition of the Approved State Plan Once the State plan materials are approved by the RSA Regional Office, the official Title I State plan and its Title VI, Part C supplement will be transmitted to the RSA Central Office. The RSA Regional Office will retain one copy of the signed plan and return the other copy to the State together with an approval letter. E. Amendments to the Approved State Plan 1. The State must amend an approved State plan: (a) when the RSA Commissioner determines that an amendment is essential during the effective period of the plan; (b) when there is a significant and relevant change in the information or assurances in the plan or in the administration or operation of the plan; or (c) when there is a significant and relevant change in the organization, policies, or operations of the State agency that receives funds under the plan, if the change materially affects the information or assurances in the plan (34 CFR 76.140). Within this context, the designated State unit should periodically review its approved State plan to ensure its consistency with designated State unit policies, priorities, and administration relating to the title I and title VI part C programs. 2. The procedures applicable to the submission and disposition of amendments to approved State plan materials are the same as those described for the submission and disposition of original State plan materials (34 CFR 76.140, 76.141, and 76.142). Specifically, procedures referenced here for processing amendments include time frames for submission, forwarding of comments from the State review process, seeking public participation and comment, and procedures for transmitting the amendments to the RSA Regional Office. 3. When amending a single section on a page containing several sections in addition to the amended section, resubmit the whole page, entering in the left margin next to the changed section the effective date of the change and bracketing the changed portion so as to show clearly the portion affected by the change. The effective date of the other provisions appearing on that same page should still be shown in the lower right corner of the page. F. Responsibilities of RSA Regional Offices The RSA Regional Offices are responsible for the review of plan submissions; negotiation of required changes with the State; provision of technical assistance; approval of State plan materials; and monitoring of State compliance with the provisions of the plan. V. Instructions for Attachments Note: References to RSA policy and guidance issuances made in this section are provided to assist in the development of certain State plan attachments. Since all of these issuances were developed prior to the enactment of the 1992 Amendments, some of the information they contain may be superseded by the provisions of the 1992 Amendments. In such instances, the provisions of the newly amended Act take precedence. A. Title I State Plan Attachments Attachment 2.1A: Statement of Concurrence of the State Developmental Disabilities and Advisory Council and the State Agency (or Agencies) Which Administer the Developmental Disabilities Program If the Title I State plan is consolidated with that of the State's developmental disabilities program, then the State must provide a statement of concurrence from the cognizant State developmental disabilities program officials. The concurrence statement may be in the format of the State's choice. Attachment 2.5(a)A: Summary of the Public Comments and the Designated State Unit's Response to the Comments This attachment must describe two main points: (1) a summary of the comments provided at the public meetings conducted by the designated State unit throughout the State, after appropriate and sufficient notice, to allow interested groups, organizations, and individuals (including the Director of the Client Assistance Program and the State Rehabilitation Advisory Council) an opportunity to comment on the Title I State plan and its Title VI, Part C supplement before development of the plan by the State, any amendments to the plan, and State policies governing the provision of vocational rehabilitation and supported employment services under the State plan; and (2) the designated State unit's response to those comments. To aid in the development of this narrative, see RSA-PPD-90-13, issued on June 6, 1990, under the title: "Conduct of Public Meetings on the Revision of the Title I State Plan and/or Its Title VI, Part C Supplement" and RSA-PAC-90-14, issued on June 6, 1990, under the title: "Guidelines for Conducting Public Meetings on the Three-Year State Plan for Vocational Rehabilitation Services and the Title VI, Part C Supplement for Supported Employment Services." Attachment 2.5(f)A: Summary of Advice and Recommendations of the State Rehabilitation Advisory Council This attachment must provide a summary of advice provided by the State Rehabilitation Advisory Council, including recommendations from the annual report of the Council, the survey of consumer satisfaction conducted by the Council, and other reports prepared by the Council. The attachment must also describe the response of the designated State agency to the advice and recommendations of the Council. In this response, the designated State agency must include explanations with respect to advice and recommendations that were rejected. Attachment 3.2A: Organization and Functions of the Designated State Agency and the Designated State Unit This attachment must describe the organizational structure of the designated State agency including: (1) the organizational units of the designated State agency; (2) the programs and functions assigned to each of these units; and (3) the relationships among these organizational units within the designated State agency. This attachment must also provide the needed organizational charts that reflect: (1) the relationship of the designated State agency to the Governor and his/her office and to the other agencies administering major programs of public education, public health, public welfare, or labor of parallel stature within the State government; (2) the internal structure of the designated State agency; (3) the internal structure of the designated State unit, if applicable; (4) all vocational rehabilitation functions for which the designated State agency is responsible; and (5) clear lines of administrative and supervisory authority. To aid in the development of this narrative, see: RSA-MT-92-18, issued on March 25, 1992, transmitting Chapter 0505, under the title: "State and Local Organization and Administration: Policy"; RSA-PI-77-26, issued on July 26, 1977, under the title: "RSA Policy Statement on Interpretation of State Vocational Rehabilitation Organizational Requirements of the Rehabilitation Act, as Amended"; and RSA-PI-75-31, issued on June 3, 1975, under the title: "RSA Policy Statement on Interpretation of State Vocational Rehabilitation Organizational Requirements of the Rehabilitation Act, as Amended." Attachment 3.4(b)A: Identification of the Types of Activities to Be Carried Out under a Waiver of Statewideness Under the title I program, the Rehabilitation Act has a statewideness requirement (sec. 101(a)(4) of the Act; 34 CFR 361.2(a)) which ensures that the Title I State plan is in effect in all political subdivisions of the State. The Act and its implementing regulations allow a State to request a waiver of statewideness in instances where: (1) it desires to carry out activities in one or more political subdivisions through local financing in order to promote the vocational rehabilitation of substantially larger numbers of individuals with disabilities or of individuals with particular types of disabilities; or (2) in order to accomplish the purpose of the Act more effectively, it seeks to provide services to individuals with disabilities through a special joint project or program with another agency or agencies of the State and the project or program involves shared funding and administration. Where the State desires to engage in activities in one or more political subdivisions through local financing under a waiver of statewideness, the State plan must identify the types of activities to be carried out (34 CFR 361.12(a)). Activities carried out under a special joint project or program with shared funding and administration, while eligible for a waiver of the statewideness requirement, are not required to be similarly identified in the State plan. This attachment must only identify those activities undertaken pursuant to the first option described above. Attachment 4.5A: Description of a Comprehensive System of Personnel Development This attachment must provide a description of a comprehensive system of personnel development that identifies procedures and activities undertaken to ensure an adequate supply of qualified rehabilitation professionals and paraprofessionals for the designated State unit. Specifically, this attachment must describe the following: (1) the development and maintenance of a system for the annual determination of (a) the number and type of personnel that are employed by the State agency in the provision of vocational rehabilitation services, including ratios of counselors to clients, and (b) the number and type of personnel needed by the State agency and a projection of the numbers of such personnel that will be needed in five years; (2) the manner in which activities will be undertaken to coordinate this system of personnel development with personnel development under the Individuals with Disabilities Education Act, where appropriate; (3) the development and maintenance of a system for determining, on an annual basis, information on the institutions of higher education within the State that are preparing rehabilitation professionals, including the number of students enrolled in programs and the number who graduated with certification or licensure or with credentials to qualify for such certification or licensure during the past year; (4) the development, updating, and implementation of a plan that will (a) address the current and projected State unit personnel training needs and (b) provide for the coordination and facilitation between the State unit and institutions of higher education and professional associations to recruit, prepare, and retain qualified personnel, including personnel from minority backgrounds and personnel who are individuals with disabilities; (5) the procedures and activities the State agency will undertake to ensure that all personnel employed by the State unit are appropriately and adequately trained and prepared, including a system for the continuing education of rehabilitation professionals and para- professionals, particularly in rehabilitation technology; procedures for acquiring and disseminating significant knowledge obtained from research and other sources; and procedures for providing training on the Rehabilitation Act Amendments of 1992; (6) the policies and procedures relating to the establishment and maintenance of standards to ensure that personnel needed within the State agency are appropriately and adequately prepared and trained, including standards that recognize national or State professional licensing or certification requirements in appropriate areas, and the steps being taken to ensure such licensing and certification of personnel working in these areas; and (7) the actions to establish and maintain minimum standards to ensure the availability of personnel within the designated State unit who, to the maximum extent feasible, are trained to communicate in the native language or mode of communication of the client. Attachment 4.6A: System of Staff Evaluation This attachment must describe how the system for evaluating the performance of staff (including rehabilitation counselors, coordinators, and other personnel) used in the State facilitates the accomplishment of the purpose and policy of title I of the Act. In addition, this attachment must describe how such a system of staff evaluation does not impede such accomplishments, including the policy of serving, among others, individuals with the most severe disabilities. Attachment 6.1(a)(16)A: Description of How On-the-Job or Other Related Personal Assistance Services Will Be Provided to Individuals with Disabilities Receiving Vocational Rehabilitation Services "Personal assistance services" means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services are designed to increase the individual's control in life and ability to perform everyday activities on or off the job. This attachment must describe the manner in which on-the-job or other related personal assistance services will be provided to assist individuals with disabilities while the individuals are receiving vocational rehabilitation services. Specifically, this attachment describes strategies for developing the statewide capacity to provide on-the-job or other related personal assistance services to an increasing number of individuals with disabilities to improve their employment potential. Such strategies might include developing policies and procedures regarding such services, providing training for vocational rehabilitation counselors and other appropriate personnel, and collaborating with other community organizations to develop resources. Attachment 6.1(a)(19)A: Description of How Rehabilitation Technology Services Will Be Provided to Assist an Increasing Number of Individuals with Disabilities "Rehabilitation technology" means the system- atic technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services. This attachment describes the manner in which the State agency will utilize rehabilitation technology services in providing assistance to an increasing number of individuals with disabilities to improve their employment potential. Within this context, the attachment must describe the activities the State agency will undertake: (1) to incorporate a broad range of rehabilitation technology services into each stage of the rehabilitation process, including a description of the manner in which assistive technology devices and services will be provided or worksite assessments will be made as part of the assessment for determining eligibility and vocational rehabilitation needs of an individual; (2) to ensure that a broad range of such services are provided on a statewide basis; and (3) to provide training to vocational rehabilitation counselors, client assistance personnel, and other related services personnel. To accomplish the objectives described in this narrative, it is anticipated that a substantial commitment on the part of the State agency will be required, (e.g., development of policies and procedures; creating resources, expertise, and technical assistance capabilities; promoting research; collaborating with community organizations with rehabilitation technology expertise; etc.). To aid in the development of this narrative, see: RSA-MT-92-02, issued on October 11, 1991, transmitting Chapter 2040, under the title: "Rehabilitation Engineering Services: Policy"; RSA-PD-91-03, issued on November 16, 1990, under the title: "Policy Statement on Rehabilitation Engineering" and RSA-TAC-91-01, issued on November 16, 1990, under the title: "Rehabilitation Engineering Technology." Attachment 6.2(d)A: Utilization of Community Rehabilitation Programs This attachment should describe the method(s) that will be followed to maximize the utilization of community rehabilitation programs. The description must be based on the information provided by continuing statewide studies (section 101(a)(15) of the Act) and the annual evaluation of the effectiveness of programs (section 101(a)(19) of the Act), assessing among other things the capacity and effectiveness of community rehabilitation programs and, if appropriate, the need for new, improved, or expanded programs. This attachment should also identify the needs and utilization of community rehabilitation programs under the Act commonly known as the Wagner-O'Day Act. Finally, this attachment should also describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established. Attachment 6.6(a)A: Identification of Services for Which There Is A Financial Needs Test There is no Federal requirement that the financial needs of individuals with disabilities be considered in the provision of vocational rehabilitation services. If, however, the State unit chooses to consider the financial needs of individuals with disabilities for purposes of determining the extent of their participation in the costs of certain vocational rehabilitation services, the State unit must specify those vocational rehabilitation services for which the designated State unit has established a financial needs test (34 CFR 361.47(a)). This attachment should identify such services. It should not detail the designated State unit's policies and/or procedures relating to financial needs administration. Attachment 8.3A: Description of How Choice Will Be Given to Individuals with Disabilities One of the principles which serves as a basis for the vocational rehabilitation program is that individuals with disabilities must be active participants in their own rehabilitation programs, including making meaningful and informed choices about the selection of their vocational goals and objectives and the vocational rehabilitation services they receive. This attachment must describe the manner in which an eligible individual is provided choice and increased control in determining the vocational rehabilitation goals and objectives during the development and amendment of the individualized written rehabilitation program. This attachment should also describe the manner in which such an individual is given choice and increased control in determining services, providers of the services, and methods to provide and/or secure the services. Attachment 9.1(a)A: Summary of the Results of the Comprehensive, Statewide Assessment of the Rehabilitation Needs of Individuals With Severe Disabilities Residing Within the State and the State's Response to the Assessment This attachment should describe three main points: (1) the results, in summary fashion, of a comprehensive, statewide assessment of the rehabilitation needs of individuals with severe disabilities; (2) the State's response to the assessment; and (3) a summary of the results of the assessment relating to the need for supported employment services, including the coordination and use of information provided by State special education agencies pursuant to section 618(b)(1)(C) of the Individuals with Disabilities Education Act. To aid in the development of this narrative, see RSA-MT-92-14, issued on January 29, 1992, transmitting Chapter 0530, under the title: "Continuing Statewide Studies and Evaluations: Policy" and RSA-PPD-82-12, issued on July 3, 1985, under the title: "Data Gathered Under Section 618(b)(3) of the Education of the Handicapped Amendments of 1983," now retitled Individuals with Disabilities Education Act. Attachment 9.1(c)A: Changes in Policy and in the Strategic Plan Resulting from Continuing Statewide Studies, the Annual Program Evaluation, and Consumer Satisfaction Surveys This attachment should describe the changes in State agency policy and in the strategic plan required under part C of title I based on the following: (1) the findings of the continuing statewide studies; (2) the results of the annual evaluation of the effectiveness of the State's program; and (3) the results of the consumer satisfaction surveys conducted by the State Rehabilitation Advisory Council. Attachment 9.3(b)A: Description of How the Designated State Unit Will Serve All Eligible Individuals If a designated State unit assures that it serves all eligible individuals, this attachment must provide an explanation of the methods the State utilizes to provide vocational rehabilitation services to all individuals with disabilities within the State who are eligible for such services. Attachment 9.3(c)A: Description of the Order of Selection, Its Justification, and the Outcome and Service Goals Within Each Category of the Order If a designated State unit cannot serve all eligible individuals and thus must establish an order of selection for serving eligible individuals, this attachment must be developed. In the attachment, the agency must describe and justify its particular order of selection, including a description of the outcome and service goals to be achieved for individuals with disabilities, in each priority category, and the time within which these goals may be achieved. In the development of an order, individuals with the most severe disabilities, as determined by criteria established by the State and identified in this attachment, must be selected for service before other individuals with disabilities. To aid in the development of this narrative, see RSA-MT-92-17, issued on March 20, 1992, transmitting Chapter 2501, under the title: "Order of Selection for Services: Policy" and RSA-MT-92-26, issued on June 30, 1992, transmitting Chapter 2501, "Order of Selection for Services: Guidance." Attachment 9.4A: Methods to Expand and Improve Services to Individuals With the Most Severe Disabilities and to Individuals Who are Minorities or Who Have Been Unserved or Underserved In this attachment, the State agency articu- lates its plans and objectives for the upcoming fiscal year in support of the expansion and improvement of its services. This attachment should describe the methods used by the State agency to expand and improve services to those individuals with the most severe disabilities, including individuals served under the State Supported Employment Services Program authorized by title VI, part C of the Act. It should also describe outreach procedures to identify and serve individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation system. The attachment must also identify the number of individuals with disabilities to be served with funds provided under the Act. In short, this attachment should serve as a summary narrative of the agency's annual operational planning efforts and provide a succinct yet clear understanding of what activities the agency plans to initiate. In this regard, this description should be tied into the findings of statewide studies (34 CFR 361.17(b)) and the annual evaluation of the State agency's program (34 CFR 361.17(c)). To aid in the development of this narrative, see RSA-PRG-76-15, issued on January 9, 1976, transmitting Chapter 2035 of the Rehabilitation Services Manual, under the title: "Expanding and Improving Services to the Severely Handicapped." Attachment 10.9(b)A: Designated State Unit's Plans, Policies, and Methods Related to the Transition of Students Who are Individuals with Disabilities This attachment should describe the designated State unit's activities in working with education agencies to effect a smooth transition from education to employment-related activities of students who are individuals with disabilities. Specifically, the attachment must describe the following: (1) a summary of the previous year's activities and accomplishments as well as a description of the State unit's plans, policies, and methods to be followed for the upcoming year; (2) the formal interagency cooperative agreement developed in accordance with section 101(a)(11)(C) of the Act; (3) how the designated State unit's plans, policies, and methods facilitate the development and accomplishment of long-term rehabilitation goals, intermediate rehabilitation objectives, and goals and objectives related to enabling a student to live independently before the student leaves a school setting; (4) how the designated State unit's plans, policies, and methods facilitate the transition from the provision of a free, appropriate, public education under the responsibility of an educational agency to the provision of vocational rehabilitation services under the responsibility of a designated State unit, including plans to coordinate the provision of transition services; (5) how the designated State unit's plans, policies, and methods address provisions for determining State lead agencies and qualified personnel responsible for transition services, procedures for outreach to and identification of youth in need of such services, and a timeframe for evaluation and follow-up of youth who have received such services; and (6) the manner in which students who are individuals with disabilities and who are not in special education programs can access and receive vocational rehabilitation services, where appropriate. In this context, the term "transition services" means a coordinated set of activities for a student designed within an outcome-oriented process, that promotes movement from school to post school activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. To aid in the development of this narrative, see RSA-TAC-92-02, issued on July 16, 1992, under the title: "Guidance for Preparation of Attachment 10.6(b)A: Designated State Unit's Plans, Policies, and Methods Relating to Transitioning." B. Attachments to Title VI, Part C Supplement to Title I State Plan To aid in the development of the following attachments, see RSA-PAC-89-04, issued on August 11, 1989, under the title: "Guidelines for Preparation of Supported Employment State Plan Supplement Narratives." Attachment 1.7A: Description of the Quality, Scope, and Extent of Supported Employment Services This attachment should describe the quality, scope, and extent of supported employment services to be provided to individuals with the most severe disabilities under the State Supported Employment Services Program. Attachment 1.8A: State's Goals and Plans Regarding Distribution of Funds Received Under Title VI, Part C of the Act This attachment should describe the designated State unit's goals for the upcoming year regarding the State Supported Employment Services Program and how the Federal funds received under title VI, part C of the Act will be utilized and/or distributed by the designated State unit. The attachment should provide an overview of the goals and operational objectives that the designated State unit has established for the upcoming year for its State Supported Employment Services Program (e.g., identification of numbers and types of individuals to be served, strategies for supported employment capacity building, and supported employment models to be used) and how title VI, part C funds will be utilized (e.g., contracts, fee-for-service reimbursement agreements, etc.) Attachment 1.9A: Demonstration of Evidence of Collaboration with Respect to Supported Employment Services This attachment should describe the designated State unit's efforts to identify and make arrangements for collaboration (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services (defined in section 7(34) of the Act) during the eighteen-month period in which the State unit funds such services. Attachment 1.10A: Demonstration of Evidence of Collaboration With Respect to Extended Services This attachment should describe the designated State unit's efforts to identify and make arrangements for collaboration (including entering into cooperative agreements) with other public and private nonprofit agencies within the State, employers, and other appropriate resources in the community (including arranging for natural supports) for the provision of extended services (defined in section 7(27) of the Act) following termination of supported employment services provided by the designated State unit. In demonstrating this collaboration, the designated State unit may submit cooperative agreements it has developed pursuant to 34 CFR 363.50 or provide a description of each agreement addressing the content requirements in 34 CFR 363.50(b). The attachment should also address the planned activities for the upcoming year in regard to developing additional agreements and/or modifying present agreements. INTERIM STATE PLAN FOR THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM AND STATE PLAN SUPPLEMENT FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM TABLE OF CONTENTS PAGE Section 1: Legal Basis and State Certifications 1-3 Section 2: Plan Submittals 4-8 2.1 Consolidated Plans 2.2 Services to Individuals Who Are Blind 2.3 Frequency of Submittals 2.4 Opportunity for Review and Comment under State Review Process 2.5 State Plan and Other Policy Development Consultation a. Public Participation in State Plan Development b. Written Description of Procedures c. Public Access d. Consultation with Indian Tribes and Tribal Organizations and Native Hawaiian Organizations e. Consultation with the Director of the Client Assistance Program f. Consultation with State Rehabilitation Advisory Council g. Other Consultations 2.6 Acceptable Plan for Supported Employment Section 3: Agency Organization 8-11 3.1 Type of Designated State Agency 3.2 Organization and Functions of the Designated State Agency and the Designated State Unit 3.3 Local Administration of Vocational Rehabilitation Program 3.4 Statewideness Section 4: Personnel Administration 11-13 4.1 Affirmative Action Plan for Individuals with Disabilities 4.2 Staffing 4.3 Participation in Political Activity 4.4 Special Communication Needs Staffing 4.5 Staff Development 4.6 Staff Evaluation Section 5: Financial Administration 13-14 5.1 Source of State Funds 5.2 General Administrative and Fiscal Requirements Section 6: Scope of the State Vocational Rehabilitation Services Program 14-24 6.1 Vocational Rehabilitation Services for Individuals with Disabilities a. Vocational Rehabilitation Services b. Designated State Unit's Written Policies on Scope and Nature of Services 6.2 Vocational Rehabilitation Services to Groups of Individuals with Disabilities a. Management Services and Supervision of Small Business Enterprises b. Telecommunications Systems c. Special Materials d. Utilization of Community Rehabilitation Programs e. Construction of Facilities for Community Rehabilitation Programs f. Establishment of Community Rehabilitation Programs g. Other Services for Groups of Individuals with Disabilities h. Technical Assistance to Businesses 6.3 Comparable Services and Benefits a. Vocational Rehabilitation Services for Which Determination of Comparable Services and Benefits is Required b. Exception to Comparable Services and Benefits Requirements c. Maximum Utilization of Community Resources 6.4 Utilization of Profit-Making Organizations 6.5 Establishment and Maintenance of Information and Referral Resources a. General Provisions b. Special Information and Referral Resources 6.6 Financial Need a. Designated State Unit Policy b. Equitable Treatment Section 7: Eligibility for Vocational Rehabilitation Services 24-30 7.1 Basic Eligibility Criteria 7.2 General Provisions 7.3 Assessment for Determining Eligibility 7.4 Extended Evaluation a. Basic Conditions b. Termination 7.5 Certification of Eligibility, Extended Evaluation, or Ineligibility a. Eligibility Certification b. Extended Evaluation Certification c. Ineligibility Certification d. Review of Ineligibility Determination e. Closure Without Eligibility Determination Section 8: Individualized Written Rehabilitation Program 30-38 8.1 Procedures a. General Provisions b. Comprehensive Assessment c. Review of Individualized Written Rehabilitation Program d. Review of Ineligibility Determination 8.2 Content a. Scope of Content b. Supported Employment Placements c. Coordination with Education Agencies 8.3 Choice Provided to Individuals with Disabilities Section 9: Specific Methods of Administration 38-46 9.1 State Studies and Evaluation a. Statewide Studies b. Annual Evaluation c. Changes in Policy and in the Strategic Plan Resulting from Continuing Statewide Studies, Annual Program Evaluation, and Consumer Satisfaction Surveys 9.2 State Plan for Community Rehabilitation Programs 9.3 Order of Selection for Services 9.4 Methods to Expand and Improve Services to Individuals with the Most Severe Disabilities and to Individuals Who Are Minorities or Who Have Been Unserved or Underserved 9.5 Services to American Indians Who Are Individuals with Disabilities 9.6 Processing Referrals and Applications 9.7 Case Recording 9.8 Periodic Re-Evaluation of Extended Employment in Community Rehabilitation Programs 9.9 Individuals Determined to Be Rehabilitated a. Minimum Requirements b. Special Requirement for Supported Employment Placements c. Post-Employment Services 9.10 Authorization of Services Section 10: General Methods of Administration 46-52 10.1 Methods Necessary for Proper and Efficient Administration 10.2 State Rehabilitation Advisory Council a. Establishment of the State Rehabilitation Advisory Council b. Materials Transmitted to the Council 10.3 Independent Commissions 10.4 Strategic Plan 10.5 Standards for Facilities and Providers of Services 10.6 Protection, Use, and Release of Personal Information 10.7 Review of Rehabilitation Counselor or Coordinator Determinations a. Informing Affected Individuals b. Informal Reviews c. Formal Appeals Procedures 10.8 Reports 10.9 Cooperation with Other Public Agencies a. General Provisions b. Coordination with Education Programs c. Coordination with Veterans' Programs 10.10 Coordination with Independent Living 10.11 Shared Funding and Administration of Special Joint Projects or Programs 10.12 Cooperative Programs Involving Funds from Other Public Agencies 10.13 Nondiscrimination 10.14 Rates of Payment INTERIM TITLE VI, PART C Supplement TO THE TITLE I STATE PLAN FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM Section 1: Administration 53-55 1.1 Program Administration 1.2 Financial Administration 1.3 Statewide Assessment of Supported Employment Services Needs 1.4 Public Participation in Development of the Title VI, Part C Supplement to the Title I State Plan 1.5 Frequency of Submittals 1.6 Opportunity for Review and Comment under State Review Process 1.7 Description of the Quality, Scope, and Extent of Supported Employment Services 1.8 Distribution of Funds 1.9 Evidence of Collaboration with Respect to Supported Employment Services 1.10 Evidence of Collaboration with Respect to Extended Services 1.11 Reports 1.12 Comprehensive Assessments of Individuals with Severe Disabilities Section 2: Scope of the State Supported Employment Services Program 56-57 2.1 Use of Title VI, Part C Funds 2.2. Eligibility 2.3 Supported Employment Services Section 3: Individualized Written Rehabilitation Program 58-59 a. Content b. Coordination INTERIM STATE PLAN FOR THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM AND STATE PLAN SUPPLEMENT FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM REQUIRED BY THE REHABILITATION ACT OF 1973, AS AMENDED State Agency: __________________________________________________ State: _________________________________________________________ Type of Agency: ________________________________________________ Section 1: Legal Basis and State Certifications 1.1 The _____________________________________________ (name of designated State agency or designated State unit) is authorized to submit this State plan under title I of the Rehabilitation Act of 1973, as amended1 and its supplement under title VI, part C of the Act. 1.2 As a condition to the receipt of Federal funds under title I of the Act2 for vocational rehabilitation services, the ____________________________________________ (name of the designated State agency)3 agrees to administer the vocational rehabilitation program in accordance with the provisions of this State plan4, the Act, and all applicable regulations5, policies, and procedures established by the Secretary. 1.3 As a condition to the receipt of Federal funds under title VI, part C of the Act for supported employment services, the ____________________________________________ (name of designated State unit)6 agrees to administer the State Supported Employment Services Program in accordance with the provisions of the supplement to this State plan7, the Act, and all applicable regulations8, policies, and procedures established by the Secretary. 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. 1.5 The State statutory authority for administration by local agencies is ______________________________. 1.6 The State legally may carry out each provision of the State plan and its supplement. 1.7 All provisions of the State plan and its supplement are consistent with State law. 1.8 The _________________________________________ (title of State officer) has the authority under the State law to receive, hold, and disburse Federal funds made available under this State plan and its supplement. 1.9 The _________________________________________ (title of State officer) has the authority to submit this State plan for vocational rehabilitation services and the State plan supplement for supported employment services. 1.10 The designated State agency has adopted or otherwise formally approved this State plan and its supplement. The effective date of this interim State plan and its supplement is October 1, 1993. ___________________________ ___________________________ (Signature) (Typed Name of Signatory) __________________________ _____________________________ (Date) (Title) 1 Public Law 93-112, as amended by Public Laws 93-516, 95-602, 98-221, 99-506, 100-630, and 102-569. 2 Unless otherwise stated, "Act" means the Rehabilitation Act of 1973, as amended. 3 All references in this plan to "designated State agency" or to "the State agency" relate to the agency identified in this paragraph. 4 No funds under title I of the Act may be awarded without an approved State plan in accordance with section 101(a) of the Act and 34 CFR part 361. 5 Applicable regulations include the Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 76, 77, 78, 79, 80, 81, 82, and 85 and the State Vocational Rehabilitation Services Program regulations in 34 CFR part 361. Regulatory provisions cited in this interim preprint remain in effect until revised regulations implementing the 1992 Amendments are issued, at which time a revised preprint will be developed. Those regulatory provisions that have been superseded by provisions in the 1992 Amendments are no longer applicable. 6 All references in this State plan and its supplement to "designated State unit" relate to the agency identified in this paragraph. 7 No funds under title VI, part C of the Act may be awarded without an approved supplement to the title I State plan in accordance with section 635(a) of the Act and 34 CFR part 363. 8 Applicable regulations include the EDGAR citations in footnote 5, portions of 34 CFR Part 361, and 34 CFR part 363. Regulatory provisions cited in this interim preprint remain in effect until revised regulations implementing the 1992 Amendments are issued, at which time a revised preprint will be developed. Those regulatory provisions that have been superseded by provisions in the 1992 Amendments are no longer applicable. INTERIM TITLE I STATE PLAN FOR THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM Section 2: Plan Submittals 2.1 Consolidated Plans (sec. 6 of the Act; 34 CFR 361.2(d)) This is a consolidated State plan which includes: a. vocational rehabilitation and independent living: _____ Yes _____ No b. vocational rehabilitation and developmental disabilities: _____ Yes _____ No c. vocational rehabilitation, independent living, and developmental disabilities: _____ Yes _____ No If either section 2.1(b) or section 2.1(c) of this State plan is answered in the affirmative, Attachment 2.1A contains a statement of concurrence of the State Developmental Disabilities Program. 2.2 Services to Individuals Who Are Blind (sec. 101(a)(1)(A) of the Act; 34 CFR 361.2(c) and 361.19(a) and (d)) a. This plan encompasses vocational rehabilitation services only for individuals who are blind. _____ Yes _____ No _____ N/A b. The designated State unit maintains criteria relating to visual disability, distinguishing the responsibilities of the agency serving individuals whoare blind and the agency serving all other eligible individuals with disabilities. _____ Yes _____ No _____ N/A c. If section 2.2(b) of this State plan is answered in the affirmative, the designated State unit has established reciprocal referral services with the other designated unit in the State; utilizes the services and facilities of the other agency to the extent feasible; jointly plans activities to improve services to individuals with disabilities in the State; and otherwise cooperates with the other agency to provide more effective services. 2.3 Frequency of Submittals (sec. 101(a) of the Act; 34 CFR 76.140, 76.141, and 76.142, and 34 CFR 361.2(b)(1) and 361.3) a. The State plan is submitted for approval every three years9 by July 1 of the year preceding the first fiscal year for which the State plan becomes effective or on such dates and at such regular intervals as may be determined appropriate to coincide with the submittal of State plans under other Federal laws, such as part B of the Individuals with Disabilities Education Act. b. State plan amendments are submitted whenever there is a significant and relevant change in the information or the assurances in the plan; the administration or operation of the plan; or the organization, policies, or operations of the State agency. 2.4 Opportunity for Review and Comment Under State Review Process (34 CFR 79.8) If the State plan or amendment to the State plan is subject to the State review process, such materials are reviewed and commented on in accordance with the provisions of Executive Order 12372. Comments provided by the State review process will be transmitted to the Rehabilitation Services Administration. 9 This interim State plan covering the third year of the current three-year cycle is required as a result of changes in the 1992 Amendments. 2.5 State Plan and Other Policy Development Consultation a. Public Participation in State Plan Development (secs. 101(a)(18), (23), (32), and (36)(A)(ii) of the Act; 34 CFR 361.18(a)(1) and (2)) After appropriate and sufficient notice and before development of the plan, the designated State unit conducts public meetings throughout the State to allow interested groups, organizations, and individuals, including the Director of the Client Assistance Program under section 112 of the Act and the State Rehabilitation Advisory Council, the opportunity to comment on the State plan and amendments and to participate in the formulation of policies governing the provision of vocational rehabilitation services under the State plan. Attachment 2.5(a)A provides a summary of the public comments and the State unit's response to those comments. b. Written Description of Procedures (34 CFR 361.18(a)(3)) The State unit has established and maintains a written description of procedures used to obtain and consider views on State plan development and policy development and implementation. c. Public Access (34 CFR 361.18(d)) The State unit makes available to the public for review and inspection the Title I State plan and its Title VI, Part C supplement; reports of activities undertaken in the area of State plan and policy development; and a summary of comments submitted at the scheduled public meetings and the State unit's response to these comments. d. Consultation with Indian Tribes and Tribal Organizations and Native Hawaiian Organizations (sec. 101(a)(20) of the Act; 34 CFR 361.18(b)) As appropriate, the State unit actively consults with Indian tribes and tribal organizations and native Hawaiian organizations that represent significant numbers of individuals with disabilities within the State in the development of the State plan for vocational rehabilitation services. e. Consultation with the Director of the Client Assistance Program (sec. 101(a)(23)(C) of the Act) The State agency consults with the Director of the Client Assistance Program under section 112 of the Act when formulating policies governing the provision of vocational rehabilitation services consistent with the State plan and other revisions. f. Consultation with State Rehabilitation Advisory Council (secs. 101(a)(32) and (36)(A)(ii), (iii), and (iv) of the Act) The designated State agency and the designated State unit seek and seriously consider on a regular and ongoing basis advice from the State Rehabilitation Advisory Council regarding the development and implementation of the State plan, the strategic plan, amendments to the plans, and other policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services in the State. Attachment 2.5(f)A provides a summary of advice provided by the Council, including recommendations from the annual report of the Council, the survey of consumer satisfaction conducted by the Council, and other reports prepared by the Council. The attachment also describes the response of the designated State agency to the advice and recommendations of the Council, including explanations with respect to advice and recommendations that were rejected. g. Other Consultations (secs. 101(a)(18) and (32) of the Act; 34 CFR 361.18(c)) In connection with matters of general policy development and implementation arising in the administration of the State plan, the State unit seeks and takes into account the views of current or former clients of vocational rehabilitation services, or, as appropriate, their parents, guardians, or other representatives; personnel working in the field of vocational rehabilitation; providers of vocational rehabilitation services; the Director of the Client Assistance Program under section 112 of the Act; and the State Rehabilitation Advisory Council. 2.6 Acceptable Plan for Supported Employment (secs. 101(a)(5)(B) and (25) of the Act; 34 CFR 361.2(b)(1)(iii)) The State has an acceptable plan pertaining to the State Supported Employment Services Program authorized under title VI, part C of the Act and utilizes funds under part C of title VI to supplement funds under part B of title I for the cost of services leading to supported employment. Section 3: Agency Organization 3.1 Type of Designated State Agency (secs. 7(3)(A) and 101(a)(1) of the Act; 34 CFR 361.5(b) and (c)) The designated State agency is one of the following: a. _____ a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities; or b. _____ the State agency administering or supervising the administration of education or vocational education in the State; or c. _____ a State agency that includes at least two other major organizational units, each of which administers one or more of the State's major programs of public education, public health, public welfare, or labor. 3.2 Organization and Functions of the Designated State Agency and the Designated State Unit (secs. 7(3) and 101(a)(1) and (2) of the Act; 34 CFR 361.5(e), 361.6, and 361.8) a. Attachment 3.2A gives a brief description of the organizational structure of the designated State agency, including a description of its organizational units, the programs and functions assigned to each, and the relationships among these units within the designated State agency. Included are organizational charts that reflect: (1) the designated State agency's relationship to the Office of the Governor and to other agencies administering major programs of public education, public health, public welfare, or labor of parallel stature within State government; (2) the internal structure of the designated State agency; (3) the internal structure of the designated State unit, if applicable; (4) all vocational rehabilitation functions for which the designated State agency is responsible; and (5) clear lines of administrative and supervisory authority. b. All decisions affecting eligibility for, the nature and scope of, and the provision of vocational rehabilitation services are made by the designated State agency through its designated State unit or by a designated vocational rehabilitation unit of a local agency under the supervision of the designated State unit. This responsibility is not delegated to any other agency or individual. c. If the designated State agency is the type described in section 3.1(b) or section 3.1(c) of this State plan, the name of the designated State unit responsible for operation of the vocational rehabilitation program under this plan is: ___________________________________. d. The designated State unit: (1) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and is responsible for the State agency's vocational rehabilitation program, including the determination of eligibility for, the determination of the nature and scope of, and the provision of vocational rehabilitation services under this State plan; (2) has a full-time director; and (3) has a staff employed on such rehabilitation work, all or substantially all of whom are employed full-time on such work. e. The designated State unit is located at an organizational level and has an organizational status within the designated State agency comparable to that of other organizational units in accordance with the provisions of 34 CFR 361.6(c). f. There is a full-time State director who directs the designated State agency specified in section 3.1(a) or the designated State unit named in section 3.2(c). 3.3 Local Administration of Vocational Rehabilitation Program (secs. 7(9) and 101(a)(1)(A) of the Act; 34 CFR 361.9) a. The State plan is administered by one or more sole local agencies, each of which is responsible through the designated State unit for the administration of the program within the political subdivision it serves. _____ Yes _____ No b. Any local administration of the State plan by a sole local agency is based on a written agreement between the local agency and the designated State unit with the concurrence of the State agency and is in accordance with the provisions of 34 CFR 361.9(a). c. One or more separate local agencies serving individuals who are blind, under the supervision of the designated State unit for individuals who are blind, administers that part of the plan relating to vocational rehabilitation of individuals who are blind. _____ Yes _____ No 3.4 Statewideness (secs. 101(a)(1)(A) and (4) of the Act; 34 CFR 361.2(a), 361.11, and 361.12) a. The State plan is in operation in all political subdivisions of the State. b. One or more waivers of statewideness have been approved by the Secretary and are in effect under this plan for carrying out State agency vocational rehabilitation activities in one or more political subdivisions through local financing in accordance with 34 CFR 361.12. _____ Yes _____ No If section 3.4(b) of this State plan is answered in the affirmative, Attachment 3.4(b)A identifies the types of activities carried out under such waivers which conform to the provisions of 34 CFR 361.12(b). c. The Secretary has approved a request under 34 CFR 361.11 for a special joint project or program involving shared funding and administration as described in section 10.11 of this State plan and has waived the requirement that the State plan must be in effect in all political subdivisions of the State. _____ Yes _____ No Section 4: Personnel Administration 4.1 Affirmative Action Plan for Individuals with Disabilities (secs. 101(a)(6)(A) and (7) of the Act; 34 CFR 361.15) The State unit has developed and implemented a plan to take affirmative action to employ and advance in employment qualified individuals with disabilities. 4.2 Staffing (secs. 101(a)(2)(A)(iii) and (7) of the Act; 34 CFR 361.14) Staff in sufficient numbers and with appropriate qualifications are available to carry out all functions required under 34 CFR 361.14. 4.3 Participation in Political Activity (5 USC 1501 et seq.; 5 CFR part 151 et seq.) The State agency, if other than an education agency, prohibits staff employed in the day to day administration and operation of the vocational rehabilitation program from engaging in political activity prohibited by the Hatch Act. 4.4 Special Communication Needs Staffing (sec. 101(a)(7)(C) of the Act; 34 CFR 361.14(b)) The designated State unit includes on its staff or makes available: a. personnel able to communicate in the native languages of applicants for services and State unit clients with limited English speaking ability from ethnic groups which represent substantial segments of the population of the State; and b. personnel able to communicate in special modes of communication such as manual, tactile, oral, and nonverbal communication devices, with applicants for service and State unit clients who rely on these special modes of communication. 4.5 Staff Development (sec. 101(a)(7) of the Act; 34 CFR 361.16) There is a program of staff development for all classes of positions which are involved in the administration and operation of the State agency's vocational rehabilitation program. Attachment 4.5A provides a description of a comprehensive system of personnel development that identifies activities taken to ensure an adequate supply of qualified staff for the State unit. This attachment describes the development and maintenance of a system for determining annually the current number and types of personnel employed by the State agency in the provision of vocational rehabilitation services and the projections for the numbers needed in the future. The attachment describes the manner in which activities will be undertaken to coordinate this system of personnel development with personnel development under the Individuals with Disabilities Education Act. The attachment further describes the development and maintenance of a system for determining annually information on the institutions of higher education within the State that are preparing rehabilitation professionals. The attachment describes the development, updating, and implementation of a plan that addresses the current and projected State unit personnel training needs as well as the procedures and activities (including the implementation of standards) the State agency will undertake to ensure that all personnel employed by the State unit are appropriately and adequately trained and prepared. Finally, the attachment describes the State unit's actions to establish and maintain minimum standards to ensure the availability of personnel within the designated State unit who are trained to communicate in the native language or mode of communication of the client. 4.6 Staff Evaluation (sec. 101(a)(35) of the Act) The system for evaluating the performance of rehabilitation counselors, coordinators, and other personnel used in the State in no way impedes the accomplishment of the purpose and policy of title I of the Act, including the policy of serving, among others, individuals with the most severe disabilities. Attachment 4.6A describes how the system for evaluating the performance of staff used in the State facilitates such accomplishments. Section 5: Financial Administration 5.1 Source of State Funds (secs. 7(7) and 101(a)(3) of the Act; 34 CFR 361.2(a) and 361.76) State funds expended for this program to meet the non-Federal share consist only of State appropriated funds, funds made available by allotment or transfer from another unit of State or local government, or funds otherwise described in 34 CFR 361.76. 5.2 General Administrative and Fiscal Requirements (secs. 12(c), 19, 101(a)(6)(A), (11), and 108 of the Act; 34 CFR parts 76 and 80, and 34 CFR 361.24) The State agency has adopted policies and methods pertaining to the fiscal administration and control of the vocational rehabilitation program in accordance with the provisions of 34 CFR parts 76 and 80 and 34 CFR 361.24. Section 6: Scope of the State Vocational Rehabilitation Services Program 6.1 Vocational Rehabilitation Services for Individuals with Disabilities a. Vocational Rehabilitation Services (secs. 7(11), (13), (17), (22), (23), (24), (34), and (35), 101(a)(5)(C), (8), (26), and (31), and 103 of the Act; 34 CFR 361.1 and 361.42) The following vocational rehabilitation services identified in section 103(a) of the Act and 34 CFR 361.42(a) are available to individuals, on an as needed basis: (1) an 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; (3) physical and mental restoration services; (4) vocational and other training services; (5) maintenance for additional costs incurred while participating in rehabilitation; (6) transportation in connection with the rendering of any vocational rehabilitation service; (7) services to family members of individuals with disabilities if necessary to the adjustment and rehabilitation of the individual; (8) interpreter services and note-taking services for individuals who are deaf and tactile interpreting for individuals who are deaf-blind; (9) reader services, rehabilitation teaching services, note-taking services, and orientation and mobility services for individuals who are blind; (10) telecommunications, sensory, and other technological aids and devices; (11) recruitment and training services to provide new employment opportunities in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate public services employment; (12) work-related placement services including job search assistance, placement assistance, job retention services, and personal assistance services; (13) follow-up, follow-along, and specific post-employment services necessary to maintain, regain, or advance in employment; (14) occupational licenses, tools, equipment, initial stocks and supplies; (15) transition services that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives; (16) on-the-job or other related personal assistance services provided while an individual with a disability is receiving vocational rehabilitation services; (17) referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed under section 101(a)(11) of the Act, if such services are not available under this Act; (18) supported employment services; (19) rehabilitation technology services; and (20) other goods and services necessary to render an individual with a disability employable. Attachment 6.1(a)(16)A describes the manner in which on-the-job or other related personal assistance services will be provided to assist individuals with disabilities while the individuals are receiving vocational rehabilitation services. Attachment 6.1(a)(19)A describes how rehabilitation technology services will be provided to assist an increasing number of individuals with disabilities. Within this context, the attachment describes the activities the agency will undertake: to incorporate a broad range of rehabilitation technology services into each stage of the rehabilitation process, including a description of the manner in which assistive technology devices and services will be provided or worksite assessments will be made as part of the assessment for determining eligibility and vocational rehabilitation needs of an individual; to ensure that a broad range of such services are provided on a statewide basis; and to provide training to vocational rehabilitation counselors, client assistance personnel, and other related services personnel. b. Designated State Unit's Written Policies on Scope and Nature of Services (34 CFR 361.42(b)) The State unit has established and maintains written policies covering the scope and nature of each vocational rehabilitation service specified in section 6.1(a) of this State plan and the conditions, criteria, and procedures under which each service is to be provided. 6.2 Vocational Rehabilitation Services to Groups of Individuals with Disabilities a. Management Services and Supervision of Small Business Enterprises (secs. 103(a) and (b)(1) of the Act; 34 CFR 361.1 and 361.50; 20 USC 107 et seq.; 34 CFR part 395) The designated State unit provides for: (1) The establishment, management services, and supervision of small business enterprises, including the Randolph-Sheppard Vending Facility Program. _____ Yes The State unit maintains those descriptions required in 34 CFR 361.50(b). _____ No (2) The establishment, management services, and supervision of only the Randolph-Sheppard Vending Facility Program. _____ Yes The State unit maintains those descriptions required in 34 CFR 361.50(b). _____ No (3) The establishment, management services, and supervision of small business enterprises other than the Randolph-Sheppard Vending Facility Program. _____ Yes The State unit maintains those descriptions required in 34 CFR 361.50(b). _____ No (4) The State unit elects to set aside funds from the proceeds of the operation of business enterprises in the Randolph-Sheppard Vending Facility Program. _____ Yes The State unit maintains a description of the methods used in setting aside funds and the purpose for which funds are set aside. Such purposes conform with 34 CFR 361.50(c). _____ No (5) The State unit elects to set aside funds from the proceeds of the operation of business enterprises other than the Randolph-Sheppard Vending Facility Program. _____ Yes The State unit maintains a description of the methods used in setting aside funds and the purpose for which funds are set aside. Such purposes conform with 34 CFR 361.50(c). _____ No b. Telecommunications Systems (sec. 103(b)(3) of the Act; 34 CFR 361.54) The designated State unit provides for the use of existing telecommunications systems that have the potential for substantially improving vocational rehabilitation service delivery methods and for developing appropriate programming to meet the particular needs of individuals with disabilities, especially those who are homebound, those who live in rural areas, and those who rely on special modes of communication. These telecommunications systems include telephone, television, satellite, tactile-vibratory devices, and similar systems, as appropriate. _____ Yes _____ No If answered in the affirmative, the State unit has established and maintains written policies covering the use of such telecommunications systems. c. Special Materials (sec. 103(b)(4) of the Act; 34 CFR 361.55) The designated State unit provides for the use of special services available to provide recorded material for individuals who are blind, captioned television, films or video cassettes for individuals who are deaf, tactile materials for individuals who are deaf-blind, and other special materials providing tactile, vibratory, auditory, and visual read-out. _____ Yes _____ No If answered in the affirmative, the State unit has established and maintains written policies covering such special materials, including the availability of special communication services in the native language of individuals with disabilities from ethnic groups that represent substantial segments of the State's population. d. Utilization of Community Rehabilitation Programs (secs. 7(25), 101(a)(5)(A), (12), (15)(B), (27), and (28) of the Act; 34 CFR 361.21 and 361.22) The designated State unit utilizes community rehabilitation programs to the maximum extent feasible to provide vocational rehabilitation services to individuals with disabilities in accordance with the provisions of 34 CFR 361.21. In addition, the State unit enters into agreements, as appropriate, with the operators of community rehabilitation programs for the provision of vocational rehabilitation services. Attachment 6.2(d)A describes the methods used to ensure the maximum use of community rehabilitation programs, including a description of the capacity and effectiveness of these programs and the plans for improving such programs. It also identifies the needs and utilization of community rehabilitation programs under the Act commonly known as the Wagner-O'Day Act. Finally, this attachment describes the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established. e. Construction of Facilities for Community Rehabilitation Programs (secs. 7(1) and (6), 101(a)(17), and 103(b)(2) of the Act) The designated State unit provides for the construction of a facility for public or other non-profit community rehabilitation programs. _____ Yes _____ No If answered in the affirmative, the designated State unit carries out this activity in accordance with the provisions set forth in sections 101(a)(17) and 103(b)(2) of the Act. f. Establishment of Community Rehabilitation Programs (secs. 7(6) and (10) and 103(b)(2) of the Act; 34 CFR 361.1(c), 361.21, and 361.51, and 34 CFR 76.600) The designated State unit provides for the establishment, development, or improvement of public or other non-profit community rehabilitation programs to provide services that promote integration and competitive employment. _____ Yes _____ No If answered in the affirmative, the designated State unit carries out this activity in conformity with the provisions of section 103(b)(2) of the Act and 34 CFR 361.21 and 361.51. g. Other Services for Groups of Individuals with Disabilities (sec. 103(b)(2) of the Act; 34 CFR 361.1 and 361.53) The designated State unit provides other services, including services offered at community rehabilitation programs, which promise to contribute substantially to the vocational rehabilitation of a group of individuals with disabilities but which are not related directly to the individualized written rehabilitation program of any one individual with a disability. _____ Yes _____ No If answered in the affirmative, the State unit has established and maintains written policies covering the provision of such other services. h. Technical Assistance to Businesses (sec. 103(b)(5) of the Act) The designated State unit provides technical assistance and support services to businesses that are not subject to title I of the Americans with Disabilities Act of 1990 and that are seeking to employ individuals with disabilities. _____ Yes _____ NO 6.3 Comparable Services and Benefits a. Vocational Rehabilitation Services for Which Determination of Comparable Services and Benefits is Required (sec. 101(a)(8) of the Act; 34 CFR 361.47(b)(1), (2), and (4)) The designated State unit determines prior to the provision of vocational rehabilitation services whether comparable services and benefits are available under any other program to meet the costs of the vocational rehabilitation services (other than for the assessment for determining eligibility and vocational rehabilitation needs; counseling and guidance; vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials not provided in institutions of higher education; work-related placement services, including job search assistance, placement assistance, job retention services, and personal assistance services; rehabilitation technology services; and post-employment services, including those vocational rehabilitation services listed in this section, necessary to assist an individual with a disability to maintain, regain, or advance in employment). b. Exception to Comparable Services and Benefits Requirements (sec. 101(a)(8) of the Act; 34 CFR 361.1(c)(2) and 361.47(b)(3)) The requirements of section 6.3(a) of this State plan do not apply if the determination of the availability of comparable services and benefits under any other program would delay the provision of vocational rehabilitation services to any individual with a disability who is at "extreme medical risk" as defined in 34 CFR 361.1(c)(2). The determination of extreme medical risk is based upon medical evidence provided by an appropriate licensed medical professional. Further, the requirements of section 6.3(a) of this State plan do not apply if the determination of the availability of comparable services and benefits under any other program would, due to a delay in the provision of such comparable services and benefits, result in the loss of an immediate job placement. c. Maximum Utilization of Community Resources (sec. 101(a)(12) of the Act; 34 CFR 361.56) In the provision of vocational rehabilitation services, the designated State unit makes maximum utilization of public or other vocational or technical training programs or other appropriate community resources. 6.4 Utilization of Profit-Making Organizations (sec. 101(a)(21) of the Act; 34 CFR 361.57) The designated State unit has the authority to enter into contracts with profit-making organizations for the purpose of providing on-the-job training and related programs for individuals with disabilities in accordance with 34 CFR 361.57 when the State unit has determined that the profit-making organizations are better qualified to provide needed services than non-profit agencies, organizations, or community rehabilitation programs in the State. 6.5 Establishment and Maintenance of Information and Referral Resources (sec. 101(a)(22) of the Act; 34 CFR 361.20) a. General Provisions The designated State unit has established and maintains programs of information and referral adequate to ensure that individuals with disabilities within the State are given accurate information about State vocational rehabilitation services and independent living services, vocational rehabilitation services available from other agencies, organizations, and community rehabilitation programs, and, to the extent possible, other Federal and State services and programs that assist individuals with disabilities, including Client Assistance Programs. The designated State unit refers individuals with disabilities to other appropriate Federal and State programs which might be of benefit to them and also utilizes existing information and referral systems in the State to the greatest extent possible. b. Special Information and Referral Resources To the greatest extent possible, information and referral services will utilize interpreters for individuals who are deaf, existing telecommunication systems, specialized media systems for individuals with disabilities, and special materials for individuals who are blind, individuals who are deaf, and individuals who are deaf-blind, as needed. 6.6 Financial Need (34 CFR 361.47(a)) a. Designated State Unit Policy The following reflects the designated State unit policy on financial need: Vocational rehabilitation services are provided without reference to the financial need of the individual with a disability. _____ Yes _____ No The financial need of the individual with a disability is considered in determining the individual's participation in the costs of all vocational rehabilitation services except: the assessments for determining eligibility and vocational rehabilitation needs, including vocational rehabilitation services provided during an extended evaluation for purposes of assessment; counseling, guidance, and referral services; and placement services. The designated State unit has established and maintains written policies covering the determination of financial need. _____ Yes _____ No The financial need of the individual with a disability is considered in determining the individual's participation in the costs of certain vocational rehabilitation services except: the assessments for determining eligibility and vocational rehabilitation needs, including vocational rehabilitation services provided during an extended evaluation for purposes of assessment; counseling, guidance, and referral services; and placement services. The designated State unit has established and maintains written policies covering the determination of financial need. Attachment 6.6(a)A identifies those services for which there is a financial needs test. _____ Yes _____ No b. Equitable Treatment The designated State unit policies on financial need are applied uniformly so that equitable treatment is accorded to all individuals with disabilities in similar circumstances. Section 7: Eligibility for Vocational Rehabilitation Services 7.1 Basic Eligibility Criteria (secs. 7(8)(A) and 102(a)(1) of the Act) An individual is eligible for vocational rehabilitation services if the individual: a. is an individual with a disability under section 7(8)(A) of the Act, and therefore, has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and b. requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment. 7.2 General Provisions (secs. 7(8)(A) and (15)(A), 101(a)(9)(A), and 102(a)(2) and (3) of the Act; 34 CFR 361.31(a) and 34 CFR 76.500) a. To the maximum extent appropriate, and consistent with the requirements of the Act, existing information available from other programs and providers (particularly information used by education officials and the Social Security Administration) and information provided by the individual with a disability or that individual's family is used for purposes of determining eligibility for vocational rehabilitation services. b. An individual who has a disability or who is blind, as determined under title II or title XVI of the Social Security Act, is (for the purposes of determining eligibility for vocational rehabilitation services) considered to have: (1) a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment under section 7(8)(A)(i) of the Act; and (2) a severe physical or mental impairment which seriously limits one or more functional capacities in terms of an employment outcome under section 7(15)(A)(i) of the Act. c. Determinations made by officials of other agencies, particularly the education officials described under section 101(a)(24) of the Act, regarding whether an individual satisfies one or more factors relating to whether an individual is an individual with a disability under section 7(8)(A) of the Act or an individual with a severe disability under section 7(15)(A) of the Act are used (to the extent appropriate and available and consistent with the requirements under the Act) for making such determinations under the Act. d. Eligibility requirements are applied by the designated State unit without regard to sex, race, age, creed, color, or national origin. e. No group of individuals or individual is excluded or found ineligible solely on the basis of the type of disability. f. No upper or lower age limit is established that will, in and of itself, result in a finding of ineligibility for any individual who otherwise meets the basic eligibility criteria identified in section 7.1 of this State plan. g. No residency requirement, durational or other, is imposed that excludes from services any person who is present in the State. 7.3 Assessment for Determining Eligibility (secs. 7(22)(A) and (C)(i) and (ii) and 102(a)(4) and (5) of the Act) a. It is presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services under section 7(8)(A)(ii) of the Act unless the designated State unit can demonstrate by clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. b. In making the determination that an individual with a disability cannot benefit in terms of an employment outcome, with respect to cases in which the issue concerns the severity of the disability of an individual, the designated State unit first conducts an extended evaluation. c. The designated State unit determines the eligibility of an individual for vocational rehabilitation services under title I within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application to receive services, unless the designated State unit notifies the individual that exceptional and unforeseen circumstances beyond the control of the agency preclude the agency from completing the determination within the prescribed time and the individual agrees that an extension of time is warranted or the determination is made that an extended evaluation is required. d. The determination of eligibility is based on the review of existing data and, to the extent additional data is necessary, the preliminary assessment of such data, including the provision of goods and services. e. The assessment for determining eligibility includes, to the extent necessary and appropriate: (1) referral to other programs and/or services; and (2) the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment. 7.4 Extended Evaluation a. Basic Conditions (secs. 7(22)(C)(iii) and 102(a)(4)(B) of the Act) (1) Under an extended evaluation, vocational rehabilitation services are provided to an individual for a total period not to exceed 18 months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for the individual. (2) An assessment is conducted at least once in every 90-day period during which vocational rehabilitation services are provided to determine whether the results of the provision of such services will enable a determination of eligibility to be made. b. Termination (34 CFR 361.34 and 361.40(d))) The extended evaluation must be terminated prior to the expiration of the 18 month limitation when: (1) it is determined that the individual with a disability can benefit in terms of an employment outcome from vocational rehabilitation services, and requires such services in order to prepare for, enter, engage in, or retain gainful employment, and thus is found eligible for such services; or (2) the individual is found ineligible for any additional vocational rehabilitation services because it has been determined, on the basis of clear and convincing evidence, that the individual cannot benefit from vocational rehabilitation services in terms of an employment outcome. When an individual is determined ineligible, a review of the ineligibility determination in accordance with 34 CFR 361.40(d) is conducted and, if appropriate, the individual is referred for services under the State's independent living rehabilitation program under title VII of the Act. 7.5 Certification of Eligibility, Extended Evaluation, or Ineligibility (secs. 12(c), 101(a)(9)(D), 102(a)(6), 102(b)(1)(B)(xi), and 102(c) of the Act; 34 CFR 361.35) a. Eligibility Certification Before or at the same time the designated State unit accepts an individual for vocational rehabilitation services, there must be a certification, dated and signed by an appropriate State unit staff member, that the individual has met the basic eligibility requirements specified in section 7.1 of this State plan. b. Extended Evaluation Certification Before and as a basis for providing an extended evaluation, there must be a certification, dated and signed by an appropriate State unit staff member, that the individual has met the basic requirements for an extended evaluation specified in section 7.4 of this State plan. c. Ineligibility Certification Whenever the State unit determines on the basis of clear and convincing evidence that an applicant for or recipient of vocational rehabilitation services is ineligible for services, there is a determination, dated and signed by an appropriate designated State unit staff member. The ineligibility determination indicates the reasons for ineligibility and is made only after full consultation with the individual or, as appropriate, that individual's parent, family member, guardian, advocate, or other authorized representative, or after giving clear opportunity for this consultation. The designated State unit notifies the individual in writing of the action taken and of the individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures identified in the Act for the review of a determination by a rehabilitation counselor or coordinator. The designated State unit provides the individual with a detailed explanation of the availability of the resources within a Client Assistance Program established under section 112 of the Act and referral is made to other agencies and facilities, including as appropriate, the State's independent living rehabilitation program under title VII of the Act. d. Review of Ineligibility Determination If an applicant for vocational rehabilitation services has been determined on the basis of the preliminary assessment to be ineligible because of a finding that the individual cannot be expected to achieve a vocational goal, the ineligibility determination is reviewed within 12 months. This review is not conducted if the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal. e. Closure Without Eligibility Determination When an applicant for vocational rehabilitation services is unavailable during an extended period of time to complete an assessment for determining eligibility and the State unit has made repeated efforts to contact the individual to encourage the individual's participation, the individual's case is closed without any determination with regard to eligibility. Section 8: Individualized Written Rehabilitation Program 8.1 Procedures a. General Provisions (secs. 101(a)(9) and 102(b)(1) of the Act; 34 CFR 361.40(a)) As soon as a determination has been made that an individual is eligible for vocational rehabilitation services, the designated State unit completes an assessment for determining the individual's vocational rehabilitation needs, and an individualized written rehabilitation program meeting the requirements of section 102(b)(1)(B) of the Act is initiated for each eligible individual. For each individual being provided services under an extended evaluation, the designated State unit must complete an individualized written rehabilitation program appropriate for individuals in extended evaluation. Vocational rehabilitation services are provided in accordance with the individualized written rehabilitation program. The individualized written rehabilitation program is jointly developed, agreed upon, and signed by the vocational rehabilitation counselor or coordinator and the individual with a disability, or, as appropriate, that individual's parent, family member, guardian, advocate, or other authorized representative. The designated State unit provides a copy of the individualized written rehabilitation program, and any amendments to the program, to the individual with a disability, or as appropriate, that individual's parent, family member, guardian, advocate, or other authorized representative. The designated State unit advises each individual with a disability or that individual's parent, family member, guardian, advocate, or other authorized representative of all State unit procedures and requirements affecting the development and review of the individualized written rehabilitation program. b. Comprehensive Assessment (sec. 7(22)(B) of the Act) To the extent additional data is necessary, a comprehensive assessment of the eligible individual's unique strengths, resources, priorities, interests, and needs (including the need for supported employment) is conducted. The purpose of this assessment is to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual. This assessment: (1) is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the rehabilitation program of the individual; (2) uses as a primary source of information, to the maximum extent possible and appropriate (and in accordance with confidentiality requirements), existing information, information that can be provided by the individual and, where appropriate, by the family of the individual; (3) may include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual; and (4) may include an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment. c. Review of Individualized Written Rehabilitation Program (sec. 102(b)(2) of the Act) The individualized written rehabilitation program is reviewed as often as necessary but at least annually. Each individual with a disability, or, as appropriate, that individual's parent, family member, guardian, advocate, or other authorized representative, is given an opportunity to review the program and, if necessary, jointly redevelop and agree to its terms. Any revisions or amendments to the program resulting from a review are incorporated into the program. Any revisions or amendments do not take effect until agreed to and signed by the individual with a disability, or if appropriate, by that individual's parent, family member, guardian, advocate, or other authorized representative. d. Review of Ineligibility Determination (sec. 102(c) of the Act; 34 CFR 361.35(c)) If services are terminated under an individualized written rehabilitation program because of a determination that the individual with a disability is not capable of achieving a vocational goal and is therefore no longer eligible, or if in the case of an individual with a disability who has been provided services under an extended evaluation, services are terminated because of a determination that the individual cannot be determined to be eligible, the following conditions and procedures apply: (1) This decision is made only with the full consultation of the individual, or, as appropriate, that individual's parent, family member, guardian, advocate, or other authorized representative, unless the individual has refused to participate, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal. When the full participation of the individual or that individual's parent, family member, guardian, advocate, or other authorized representative has been secured in making the decision, the views of the individual are recorded in the individualized written rehabilitation program; (2) The rationale for the ineligibility decision is recorded as an amendment to the individualized written rehabilitation program certifying that the provision of vocational rehabilitation services has demonstrated that the individual is not capable of achieving a vocational goal. This amendment does not take effect until agreed to and signed by the individual or, if appropriate, by that individual's parent, family member, guardian, advocate, or other authorized representative. A written, dated, and signed determination of ineligibility under 34 CFR 361.35(c) is then executed; and (3) There is a periodic review, at least annually, of the ineligibility decision in which the individual is given the opportunity for full consultation in the reconsideration of the decision, except in situations where a periodic review would be precluded because the individual has refused services or has refused a periodic review, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal. The first review of the ineligibility decision is initiated by the State unit. Any subsequent reviews, however, are undertaken at the request of the individual. 8.2 Content a. Scope of Content (secs. 101(a)(9) and (11) and 102(b)(1)(B) of the Act; 34 CFR 361.41(a)) Each individualized written rehabilitation program is based on the achievement of an employment objective for the individual and is developed through assessments of the individual's particular rehabilitation needs. Each individualized written rehabilitation program: (1) is designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual; (2) includes a statement of the long-term rehabilitation goals for the individual, based on the assessment for determining eligibility and vocational rehabilitation needs (including an assessment of career interests), which must, to the maximum extent appropriate, include placement in integrated settings; (3) includes a statement of the intermediate rehabilitation objectives related to the attainment of the long-term rehabilitation goals, determined through the assessment described in section 8.2(a)(2) of this State plan, conducted in the most individualized and integrated setting consistent with the informed choice of the individual; (4) includes a statement of the specific vocational rehabilitation services to be provided; the projected dates for the initiation and the anticipated duration of each service; and the terms and conditions under which such services are to be provided to the individual in the most integrated settings; (5) if appropriate, includes a statement of the specific rehabilitation technology services to be provided to assist in the implementation of intermediate rehabilitation objectives and long-term rehabilitation goals for the individual; (6) if appropriate, includes a statement of the specific on-the-job and related personal assistance services to be provided to the individual, and if appropriate and desired by the individual, the training in managing, supervising, and directing personal assistance services to be provided to the individual; (7) includes the terms and conditions for the provision of vocational rehabilitation services, including the responsibilities of the individual with a disability in implementing the individualized written rehabilitation program, the extent of client participation in the cost of services, if any, and the extent to which comparable services and benefits are available to the individual under any other program; (8) includes an assessment of the expected need for post-employment services and, if appropriate, extended services; (9) provides for a reassessment of the need for post-employment services and, if appropriate, extended services, prior to the point of successful rehabilitation, and if appropriate, a statement detailing how such services will be provided or arranged through cooperative agreements with other service providers; (10) includes objective criteria and an evaluation procedure and schedule for determining whether goals and objectives are being achieved, a record of such determinations and evaluations, and the basis on which the individual has been determined to have been rehabilitated under 34 CFR 361.43; (11) identifies the entity or entities that will provide the vocational rehabilitation services and the process used to provide or procure such services; (12) includes a statement by the individual, in the words of the individual or, if appropriate, in the words of that individual's parent, family member, guardian, advocate, or other authorized representative, describing how the individual was informed about and involved in choosing among alternative goals, objectives, services, entities providing such services, and methods used to provide or procure such services; (13) includes, if necessary, an amendment specifying the reasons that an individual for whom a program has been prepared is no longer eligible for vocational rehabilitation services and the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in section 102(b)(2) of the Act (annual review of the individualized written rehabilitation program) and section 102(d) of the Act (appeals procedures); (14) sets forth the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in section 102(b)(2) of the Act (annual review of the individualized written rehabilitation program) and section 102(d) of the Act (appeals procedures); (15) provides a description of the availability of a Client Assistance Program established pursuant to section 112 of the Act; (16) to the maximum extent possible, is provided in the native language, or mode of communication, of the individual, or in an appropriate case, of that individual's parent, family member, guardian, advocate, or other authorized representative; (17) includes information identifying other related services and benefits provided by any Federal, State, or local program that will enhance the capacity of the individual to achieve the vocational objective(s) on the individualized written rehabilitation program. b. Supported Employment Placements (secs. 7(34), 103(a)(16), and 635(b)(6)(C) of the Act; 34 CFR 361.41(b), 363.11(e)(2) and (e)(4)) For each individual for whom an employment objective of supported employment has been determined to be appropriate, the individualized written rehabilitation program for that individual must also contain: (1) a description of the supported employment services to be provided by the State unit, not to exceed 18 months in duration, unless a longer period to achieve job stabilization has been established in the individualized written rehabilitation program, and if appropriate, a description of the discrete post-employment services to be provided following transition to extended services; (2) an identification of the expected extended services needed, and the source of these services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized written rehabilitation program is developed, a statement describing the basis for concluding that there is a reasonable expectation that such sources will become available; and (3) a description of the results of periodic monitoring to ensure that each individual receiving supported employment services is making satisfactory progress toward meeting the weekly work requirement established in the individualized written rehabilitation program by the time of transition to extended services. c. Coordination with Education Agencies (sec. 101(a)(24)(A) and (B) of the Act; 34 CFR 361.41(c)) When services (particularly transition services) are being provided to an individual with a disability who is also eligible for services under the Individuals with Disabilities Education Act, the individualized written rehabilitation program is prepared in coordination with the appropriate education agency and includes a summary of relevant elements of the individualized education program for that individual. Such coordination is further detailed in Attachment 10.9(b)A of this State plan. 8.3 Choice Provided to Individuals with Disabilities (secs. 100(a)(3)(C), 101(a)(29), and 102(b)(1)(B)(x) of the Act) Attachment 8.3A describes the manner in which an eligible individual is provided choice and increased control in determining the vocational rehabilitation goals and objectives of the individualized written rehabilitation program, the services to be provided, providers of the services, and methods to provide and/or secure the services. Section 9: Specific Methods of Administration 9.1 State Studies and Evaluations a. Statewide Studies (secs. 101(a)(5)(A) and (B) and (15), and 635(b)(2) of the Act; 34 CFR 361.2(b)(1)(ii), 361.17(a) and (b), and 363.11(b)) The designated State unit conducts continuing statewide studies of the needs of individuals with disabilities within the State and how these needs may be most effectively met. These studies include: (1) a full needs assessment for serving individuals with severe disabilities; (2) an assessment of the capacity and effectiveness of community rehabilitation programs and plans for improving such programs; (3) a review of the efficacy of the criteria for ineligibility determinations, with a view toward expanding services to individuals with the most severe disabilities; and (4) outreach procedures to identify and serve individuals with disabilities who are minorities and those who have been unserved or underserved by the vocational rehabilitation system. The scope of the designated State unit's continuing statewide studies is consistent with the provisions of section 101(a)(15) of the Act and 34 CFR 361.17(b). Attachment 9.1(a)A describes the results of the comprehensive, statewide assessment of the rehabilitation needs of individuals with severe disabilities residing within the State and the State's response to the assessment. b. Annual Evaluation (sec. 101(a)(19) of the Act; 34 CFR 361.17(c)) The designated State unit conducts an annual evaluation of the effectiveness of the State's vocational rehabilitation program in achieving service goals and priorities as established in the plan. Findings derived from the annual evaluation are reflected in the following: the State plan and its amendments; the development of plans and policies for the provision of vocational rehabilitation services either directly by the State unit or within community rehabilitation programs; and the strategic plan required by part C of title I of the Act. c. Changes in Policy and in the Strategic Plan Resulting from Continuing Statewide Studies, Annual Program Evaluation, and Consumer Satisfaction Surveys (sec. 101(a)(15), (19) and (32) of the Act; 34 CFR 361.2(b)(2)(i) and 361.17) Attachment 9.1(c)A describes changes in policy and in the strategic plan required by part C of title I of the Act made in the past fiscal year which have resulted from the continuing statewide studies of the needs of individuals with disabilities, the results of the annual evaluation of the effectiveness of the State's vocational rehabilitation program in achieving program goals and priorities, and the results of the consumer satisfaction surveys conducted by the State Rehabilitation Advisory Council. 9.2 State Plan for Community Rehabilitation Programs (secs. 101(a)(5)(A) and (15)(B) of the Act; 34 CFR 361.21) The designated State unit maintains a State plan for community rehabilitation programs which includes: a. an inventory of community rehabilitation programs and services provided by such programs available within the State; b. a description of the utilization patterns of the community rehabilitation programs and their utilization potential; c. a determination of needs for new, expanded, or otherwise modified community rehabilitation programs or services provided by such programs; and d. a list of projects conducted by community rehabilitation programs, in priority order, necessary to achieve short-range State unit goals. The inventory of community rehabilitation programs is developed with the active participation of a representative group of providers and recipients of vocational rehabilitation services and is available to the public for review and inspection. 9.3 Order of Selection for Services (secs. 7(12) and (15), 101(a)(5)(A), (10), and (13)(B) of the Act; 34 CFR 361.36 and 361.2(b)(2)(iv) and (v)) a. The designated State unit is providing services to all eligible individuals who apply for vocational rehabilitation services. _____ Yes _____ No b. If the designated State unit can provide vocational rehabilitation services to all eligible individuals, Attachment 9.3(b)A provides an explanation of the methods the State utilizes to provide vocational rehabilitation services to all individuals with disabilities within the State who are eligible for such services. c. If the designated State unit cannot provide vocational rehabilitation services to all eligible individuals, Attachment 9.3(c)A shows and justifies the order to be followed in selecting individuals with disabilities to be provided vocational rehabilitation services, and describes the outcome and service goals to be achieved for individuals with disabilities in each priority category within the order of selection and the time within which those goals will be achieved. In the designated State unit's order of selection, those individuals with the most severe disabilities, determined in accordance with criteria established by the State as required by section 101(a)(5)(A) of the Act and identified in this attachment, are selected for service before other individuals with disabilities, and special consideration is given to public safety officers whose disabling conditions meet the provisions of 34 CFR 361.36(c). 9.4 Methods to Expand and Improve Services to Individuals with the Most Severe Disabilities and to Individuals Who are Minorities or Who Have Been Unserved or Underserved (secs. 101(a)(5)(A) and (B), (10), and (15) of the Act; 34 CFR 361.2(b)(2)(ii) and (iii) and 361.17(b) and (c)) Attachment 9.4A describes the methods used to expand and improve services to those individuals who have the most severe disabilities, including individuals served under the State Supported Employment Services Program authorized by title VI, part C of the Act. This attachment also describes outreach procedures to identify and serve individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation system. The attachment also provides estimates of the number of individuals with disabilities who will be served with funds provided under the Act. 9.5 Services to American Indians Who Are Individuals with Disabilities (sec. 101(a)(20) of the Act; 34 CFR 361.38) The designated State unit provides vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent that these services are provided to other segments of the population of individuals with disabilities in the State. The State unit also provides vocational rehabilitation services, including, as appropriate, services traditionally used by Indian tribes, to American Indians who are individuals with disabilities on reservations eligible for services by a special tribal program under section 130 of the Act. 9.6 Processing Referrals and Applications (sec. 101(a)(6) of the Act; 34 CFR 361.30) The designated State unit maintains written standards and procedures to assure expeditious and equitable handling of referrals and applications for services. 9.7 Case Recording (secs. 7(22), 101(a)(6) and (9), and 102 of the Act; 34 CFR 361.39) The designated State unit maintains for each applicant for, and recipient of, vocational rehabilitation services a case record that includes, to the extent pertinent, the following information: a. documentation concerning the assessment for determining eligibility and vocational rehabilitation needs, based on a review of existing data, to determine whether an individual is an individual with a disability and thus eligible for vocational rehabilitation services; b. in States using an order of selection in accordance with section 101(a)(5)(A) of the Act, documentation of the basis for the individual's assignment of priority; c. documentation of the preliminary assessment of all additional data as noted in section 7(22)(B) of the Act, if such data are necessary to determine eligibility or to assign the priority described in section 101(a)(5)(A) of the Act in the States that use an order of selection; d. to the extent additional data are necessary, documentation of a comprehensive assessment conducted in accordance with section 102(b) of the Act of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, and nature and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program; e. documentation of the periodic assessment (at least every 90 days) of the individual during a period of extended evaluation (not to exceed 18 months) for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of such services; f. documentation of referral services and rehabilitation technology services necessary during the period of extended evaluation described in section 9.7(e) of this State plan; g. documentation supporting a determination that the eligible individual is an individual with a severe disability as defined in section 7(15)(A) of the Act; h. in the case of an individual who has applied for vocational rehabilitation services and has been determined to be ineligible, documentation specifying the reasons for the ineligibility determination; identification of the results of a review of the ineligibility determination carried out no later than 12 months after the determination was made; the rights and remedies available to the individual are indicated; and the availability of services provided by the Client Assistance Program is specified; i. documentation that the determination of eligibility has occurred within 60 days after the individual has submitted an application for vocational rehabilitation services, or if not, documentation of the exceptions outlined in section 102(a)(5) of the Act; j. an individualized written rehabilitation program as developed under section 102(b) and (c) of the Act and 34 CFR 361.40 and 361.41 and any amendments to the program; k. in the event that physical and mental restoration services are provided, documentation supporting the determination that the clinical status of the individual with a disability is stable or slowly progressive unless the individual is being provided an extended evaluation; l. documentation supporting any decision to provide services to family members; m. documentation relating to the participation by the individual with a disability in the cost of any vocational rehabilitation services if the State unit elects to condition the provision of services on the financial need of the individual; n. documentation relating to the eligibility of the individual with a disability for any comparable services and benefits and the use of these services and benefits; o. documentation that the individual with a disability has been advised of the confidentiality of all information pertaining to the individual's case and documentation and other material concerning any information released about the individual with the written consent of the individual; p. documentation of the reason for closing the case including the individual's employment status and, if determined to be rehabilitated, the basis on which the employment was determined to be suitable; q. documentation of any plans to provide post-employment services (or, if appropriate, extended services) after the employment objective has been achieved, the basis on which these plans were developed, and a description of the services provided and the outcomes achieved; r. documentation concerning any action and decision involving a request by an individual with a disability for review of rehabilitation counselor or coordinator determinations under section 102(d) of the Act and 34 CFR 361.48; and s. in the case of an individual who has been provided vocational rehabilitation services under an individualized written rehabilitation program but who has been determined after the initiation of these services to be no longer capable of achieving a vocational goal, documentation of any reviews of this determination in accordance with section 102(b) of the Act and 34 CFR 361.40(d). 9.8 Periodic Re-Evaluation of Extended Employment in Community Rehabilitation Programs (sec. 101(a)(16) of the Act; 34 CFR 361.58) The designated State unit: a. reviews and re-evaluates, at least annually, the status of those individuals with disabilities who have been placed in an extended employment setting in a community rehabilitation program, to determine the interests, priorities, and needs of the individual for employment or training for competitive employment in an integrated setting in the labor market, providing an opportunity for input into the review and re-evaluation by the individual with a disability, or if appropriate, a parent, a family member, a guardian, an advocate, or an authorized representative; b. makes maximum efforts, including the identification of vocational rehabilitation services, reasonable accommodations, and other support services, to enable such an individual to benefit from training or to be placed in employment in an integrated setting; and c. provides services designed to promote movement from extended employment to integrated employment, including supported employment, independent living, and community participation. 9.9 Individuals Determined to Be Rehabilitated (secs. 12(c), 101(a)(6), and 103(a)(1) and (2) of the Act; 34 CFR 361.43(a) and (b)) a. Minimum Requirements To be determined rehabilitated, an individual with a disability must have been, as a minimum: (1) determined to be eligible for vocational rehabilitation services; (2) provided an assessment for determining eligibility and vocational rehabilitation needs and counseling and guidance as essential vocational rehabilitation services; (3) provided appropriate and substantial vocational rehabilitation services in accordance with the individualized written rehabilitation program; and (4) determined to have achieved and maintained a suitable employment goal for at least 60 days. b. Special Requirement for Supported Employment Placements For an individual with a severe disability placed in supported employment, the employment goal must be maintained for at least 60 days following transition to extended services in accordance with 34 CFR 363.55. c. Post-Employment Services The designated State unit provides post-employment services if necessary to assist an individual determined to be rehabilitated to maintain, regain, or advance in other suitable employment. 9.10 Authorization of Services (secs. 12(c) and 101(a)(6) of the Act; 34 CFR 361.44) The designated State unit provides written authorization either before or at the same time as the purchase of services. In an emergency situation where a designated State unit employee is permitted to make oral authorization, prompt documentation and written authorization is sent to the service provider. Section 10: General Methods of Administration 10.1 Methods Necessary for Proper and Efficient Administration (sec. 101(a)(6)(A) of the Act; 34 CFR 361.10) The State agency and the designated State unit employ those methods of administration as found necessary by the Secretary for proper and efficient administration of the plan and for carrying out functions for which the State is responsible under the State plan. 10.2 State Rehabilitation Advisory Council a. Establishment of the State Rehabilitation Advisory Council (sec. 101(a)(36)(A)(i) of the Act) The State has established a State Rehabilitation Advisory Council that meets the criteria set forth in section 105 of the Act. ______ Yes _____ No b. Materials Transmitted to the Council (sec. 101(a)(36)(A)(iv) of the Act) The designated State unit transmits to the Council the following: (1) all plans, reports, and other information required under the Act to be submitted to the Commissioner; (2) all policies, practices, and procedures of general applicability provided to or used by rehabilitation personnel; and (3) copies of due process hearing decisions, which are transmitted in such a manner as to preserve the confidentiality of the participants in the hearings. 10.3 Independent Commissions (secs. 101(a)(36)(B) and (C) of the Act) a. An independent commission is responsible under State law for overseeing the operation of the designated State agency; is consumer-controlled as defined in section 101(a)(36)(B)(ii) of the Act; includes individuals representing family members, advocates, and authorized representatives of individuals with mental impairments; and undertakes the functions of a State Rehabilitation Advisory Council set forth in section 105(c)(3) of the Act. _____ Yes _____ No b. In a case in which the State designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind and designates a separate State agency to administer the remainder of the plan, one of the following conditions is met: (1) an independent commission is responsible under State law for overseeing both such agencies and meets the requirements of section 101(a)(36)(B)(ii) of the Act. _____ Yes _____ No (2) an independent commission is responsible under State law for overseeing the State agency designated to administer the part of the State plan under which vocational rehabilitation services are provided for all individuals with disabilities except individuals who are blind and meets the requirements of section 101(a)(36)(B)(ii) of the Act. _____ Yes _____ No (3) an independent commission is responsible under State law for overseeing the State agency designated to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind and is required by such State law to be consumer-controlled by individuals who are blind and to represent individuals who are blind. _____ Yes _____ No 10.4 Strategic Plan (sec. 101(a)(34) of the Act) In accordance with part C of title I of the Act, the State has developed and implemented a strategic plan for expanding and improving vocational rehabilitation services for individuals with disabilities on a statewide basis. The State utilizes at least 1.5 percent of the allotment of the State under part B of title I of the Act for the uses described in section 123 of the Act. 10.5 Standards for Facilities and Providers of Services (secs. 12(c) and 101(a)(6)(B) of the Act; 34 CFR 361.45) The designated State unit has adopted and maintains written minimum standards for the various types of facilities and providers of services which it uses in providing vocational rehabilitation services. These standards are readily available to designated State unit personnel and to the public, and the rehabilitation standards meet the provisions of 34 CFR 361.45(b). In addition, the facilities used in connection with the delivery of services comply with section 504 of the Act as well as with the Americans with Disabilities Act of 1990. 10.6 Protection, Use, and Release of Personal Information (secs. 12(c) and 101(a)(6) of the Act; 34 CFR 361.49) The State agency and designated State unit adopt and implement policies and procedures to safeguard the confidentiality of all personal information including photographs and lists of names in conformity with the provisions of 34 CFR 361.49. 10.7 Review of Rehabilitation Counselor or Coordinator Determinations (sec. 102(d) of the Act; 34 CFR 361.48) a. Informing Affected Individuals All applicants and clients are informed of the opportunities available for reviews of rehabilitation counselor or coordinator determinations, including the names and addresses of individuals with whom appeals may be filed. b. Informal Reviews The designated State unit utilizes an informal administrative review process if it is likely to result in a timely resolution of disagreements in particular instances. _____ Yes _____ No c. Formal Appeals Procedures Unless the State has in place a fair hearing board meeting the provisions of 34 CFR 361.48(e), the Director of the designated State unit has established formal appeals procedures in accordance with section 102(d) of the Act and 34 CFR 361.48(c) to enable any applicant for or client of vocational rehabilitation services who is dissatisfied with any determinations made by a rehabilitation counselor or coordinator concerning the furnishing or denial of services to request a timely review of those determinations. 10.8 Reports (secs. 12(c) and 101(a)(9)(D) and (10) of the Act; 34 CFR 361.23) The State agency or the designated State unit, as appropriate, submits reports in the form and detail, and at the time, required by the Secretary, including reports required under special evaluation studies, and will comply with any requirements necessary to assure the correctness and verification of reports. 10.9 Cooperation with Other Public Agencies a. General Provisions (sec. 101(a)(11) of the Act; 34 CFR 361.19) As appropriate, the designated State unit enters into cooperative arrangements or cooperative agreements with, and utilizes the services and facilities of Federal, State, and local agencies and programs (including arrangements for the coordination of services to individuals eligible for services under the Wagner-O'Day Act) in accordance with the provisions of section 101(a)(11)(A) of the Act and 34 CFR 361.19(a). Wherever practicable, these cooperative arrangements provide for the training of staff of the agencies and programs described in section 101(a)(11)(A) of the Act regarding the availability, benefits of, and eligibility standards for vocational rehabilitation services. In providing for interagency cooperation, the designated State unit utilizes such means as establishing interagency working groups and entering into formal interagency cooperative agreements that meet the specifications of section 101(a)(11)(C) of the Act. b. Coordination with Education Programs (secs. 7(35) and 101(a)(11), (24), and (30) of the Act; 34 CFR 361.2(b)(2)(vi)) Specific arrangements or agreements are in place for coordinating services for any individual who is eligible for vocational rehabilitation services and is also eligible for services under the Individuals with Disabilities Education Act or the Carl D. Perkins Vocational and Applied Technology Education Act of 1990. Attachment 10.9(b)A describes the State unit's plans, policies, and methods to be followed to assist in the transition of students who are individuals with disabilities from education to employment-related activities, including a summary of the previous year's activities and accomplishments. This attachment also describes the formal interagency cooperative agreement developed between the designated State unit and education officials responsible for the provision of a free, appropriate, public education to students who are individuals with disabilities. Finally, this attachment describes the manner in which students who are individuals with disabilities and who are not in special education programs can access and receive vocational rehabilitation services, as appropriate. c. Coordination with Veterans' Programs (sec. 101(a)(11)(A) of the Act; 34 CFR 361.19(c)) There is maximum coordination and consultation with programs relating to the rehabilitation of veterans who are individuals with disabilities. 10.10 Coordination with Independent Living (sec. 101(a)(33) of the Act) Coordination and working relationships exist between the designated State unit and the Statewide Independent Living Council established under section 705 of the Act and independent living centers within the State. 10.11 Shared Funding and Administration of Special Joint Projects or Programs (sec. 101(a)(1)(A) of the Act; 34 CFR 361.11) The State unit, with the concurrence of the State agency, is participating in a special joint project or program approved by the Secretary, that encompasses shared funding and administrative responsibility with another State agency or with a local agency to provide services to individuals with disabilities in accordance with the procedural requirements of 34 CFR 361.11(a) and the provisions of the written agreement stipulated in 34 CFR 361.11(b). _____ Yes _____ No 10.12 Cooperative Programs Involving Funds from Other Public Agencies (sec. 101(a)(1)(A) of the Act; 34 CFR 361.13) Any cooperative program in which the State's share of the cost of providing or administering vocational rehabilitation services is made available in whole or in part by a State agency or local public agency other than the designated State unit is based on a written agreement meeting the requirements of 34 CFR 361.13(a). 10.13 Nondiscrimination (34 CFR 76.500) In accordance with 34 CFR 76.500, no individual will on the basis of race, color, national origin, sex, age, or disability be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under this State plan. 10.14 Rates of Payment (secs. 12(c) and 101(a)(6) of the Act; 34 CFR 361.46) The designated State unit has established and maintains written policies to govern rates of payment for all purchased vocational rehabilitation services. INTERIM TITLE VI, PART C SUPPLEMENT TO THE TITLE I STATE PLAN FOR THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM Section 1: Administration 1.1 Program Administration (sec. 635(b)(1) of the Act; 34 CFR 363.11(a)) The designated State unit for vocational rehabilitation services identified in section 3.2(c) of the Title I State plan in accordance with section 101(a)(1) of the Act administers the State Supported Employment Services Program authorized under title VI, part C of the Act. 1.2 Financial Administration (sec. 635(b)(7) of the Act; 34 CFR 363.11(e)(5)) The designated State unit will expend no more than five percent of the State's allotment under this part for administrative costs in carrying out its State Supported Employment Services Program. 1.3 Statewide Assessment of Supported Employment Services Needs (sec. 635(b)(2) of the Act; 34 CFR 363.11(b)) The designated State unit summarizes the rehabilitation and career needs of individuals with severe disabilities and the need for supported employment services for eligible individuals, as identified by the comprehensive, statewide needs assessment carried out in accordance with section 101(a)(5)(A) of the Act. This assessment also addresses the needs related to the coordination and use of the information within the State relating to section 618(b)(1)(C) of the Individuals with Disabilities Education Act. Attachment 9.1(a)A to the Title I State plan provides this summary of the statewide assessment of supported employment service needs and the State's response to the assessment. 1.4 Public Participation in Development of the Title VI, Part C Supplement to the Title I State Plan (sec. 101(a)(23) and 635(a) of the Act; 34 CFR 363.10 and 363.11(e)(7)) Before development of the State plan supplement and after appropriate and sufficient notice, the designated State unit conducts public meetings throughout the State to allow interested groups, organizations, and individuals (including the Director of the Client Assistance Program and the State Rehabilitation Advisory Council) an opportunity to comment on the Title VI, Part C supplement to the Title I State plan, any revisions to the plan supplement, and State policies governing the provision of supported employment services. Attachment 2.5(a)A to the Title I State plan provides a summary of the public comments and the State unit's response to those comments. 1.5 Frequency of Submittals (secs. 635(a) and (b)(8) of the Act; 34 CFR 363.10 and 34 CFR 76.140, 76.141, and 76.142) As part of the Title I State plan, the Title VI, Part C State plan supplement for providing supported employment services to eligible individuals is submitted every three years10 and amended as necessary to reflect any material change in applicable State law, organization, policy, or agency operations. 1.6 Opportunity for Review and Comment Under State Review Process (34 CFR 79.8) If the Title VI, Part C State plan supplement or amendment to the State plan supplement is subject to the State intergovernmental review process, such material is reviewed and commented on in accordance with the provisions of Executive Order 12372. Comments provided by the State review process will be transmitted to the Rehabilitation Services Administration. 1.7 Description of the Quality, Scope, and Extent of Supported Employment Services (sec. 635(b)(3) of the Act; 34 CFR 363.11(c)) Attachment 1.7A describes the quality, scope, and extent of supported employment services authorized under the Act to be provided to individuals with the most severe disabilities. 10 This interim State plan, including the supplement under title VI, part C of the Act, covering the third year of the current three-year cycle is required as a result of changes in the 1992 Amendments. 1.8 Distribution of Funds (sec. 635(b)(3) of the Act; 34 CFR 363.11(d)) Attachment 1.8A specifies the State's goals and plans with respect to the distribution of funds received under section 632 of the Act and 34 CFR 363.20. 1.9 Evidence of Collaboration with Respect to Supported Employment Services (secs. 7(34) and 635(b)(4) of the Act; 34 CFR 363.11(e)(6)) Attachment 1.9A demonstrates evidence of the efforts of the designated State unit 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. 1.10 Evidence of Collaboration with Respect to Extended Services (secs. 7(27) and 635(b)(5) of the Act; 34 CFR 363.11(f)) Attachment 1.10A demonstrates evidence of the efforts of the designated State unit to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, and other entities (including arranging for natural supports) with respect to the provision of extended services. 1.11 Reports (secs. 635(b)(8) and 636 of the Act; 34 CFR 363.11(g) and 363.52) The designated State unit submits reports in such form and in accordance with such procedures as the Secretary may require and collects the client information required by section 13 of the Act separately for supported employment clients under part C of title VI and for supported employment clients under title I of the Act. 1.12 Comprehensive Assessments of Individuals with Severe Disabilities (sec. 635(b)(6)(B) of the Act) The comprehensive assessment of individuals with severe disabilities conducted under section 102(b)(1)(A) and funded under title I of the Act includes consideration of supported employment as an appropriate rehabilitation objective. Section 2: Scope of the State Supported Employment Services Program 2.1 Use of Title VI, Part C Funds (secs. 633 and 635(b)(6)(A) and (D) of the Act) a. Funds made available under title VI, part C of the Act are only used by the designated State unit to provide supported employment services to individuals with the most severe disabilities who are eligible to receive such services. b. Funds provided under title VI, part C are only used to supplement, and not supplant, the funds provided under title I of the Act, in providing supported employment services specified in the individualized written rehabilitation program. c. Funds provided under part C of title VI, title I, or subsection (c) or (f) of section 311 of the Act are not used to provide extended services to individuals who are eligible under part C of title VI or title I of the Act. 2.2 Eligibility (sec. 634 of the Act) An individual is eligible under title VI, part C of the Act to receive supported employment services if: a. the individual is eligible for vocational rehabilitation services; b. the individual is determined to be an individual with a most severe disability; and c. a comprehensive assessment of rehabilitation needs of the individual provided under section 102(b)(1)(A) of the Act, including an evaluation of the rehabilitation, career, and job needs, identifies supported employment as the appropriate rehabilitation objective for the individual. 2.3 Supported Employment Services (secs. 7(33), 7(34) and 635(b)(6)(F) and (G) of the Act; 34 CFR 363.4(b) and (c)) Supported employment services include ongoing support services and other appropriate services needed to support and maintain an eligible individual in supported employment. These services are provided by the designated State unit for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program. Supported employment services may include but are not limited to the following: a. development of and placement in jobs in an integrated setting for the maximum number of hours possible based on the unique strengths, resources, interests, concerns, abilities, and capabilities of individuals with the most severe disabilities; b. intensive on-site job skills training and other training provided by skilled job trainers, co-workers, and other qualified individuals; c. follow-up services, including regular contact with employers, trainees, parents, guardians, or other representatives of trainees, and other suitable professional and informed advisors in order to reinforce and stabilize the job placement; d. other services specified in section 103(a) of the Act needed to achieve and maintain job stability; and e. discrete post-employment services funded under title I of the Act following transition that are unavailable from an extended services provider and that are necessary to maintain the job placement. Section 3: Individualized Written Rehabilitation Program a. Content (secs. 7(34) and 635(b)(6)(C) of the Act; 34 CFR 361.41(b) and 363.11(e)(2) and (e)(4)) (1) The designated State unit develops and amends, as appropriate, an individualized written rehabilitation program as required in section 102 of the Act, for each eligible individual, specifying the supported employment services to be provided by the State unit, not to exceed 18 months in duration, unless a longer period to achieve job stabilization has been established in the individualized written rehabilitation program, and if appropriate, a description of the discrete post-employment services to be provided following transition to extended services. (2) The individualized written rehabilitation program also identifies the expected extended services needed and the source of these services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized written rehabilitation program is developed, a statement describing the basis for concluding that there is a reasonable expectation that such sources will become available. (3) The individualized written rehabilitation program describes the results of periodic monitoring to ensure that each individual receiving supported employment services is making satisfactory progress toward meeting the weekly work requirement established in the individualized written rehabilitation program by the time of transition to extended services. b. Coordination (sec. 635(b)(6)(E) of the Act; 34 CFR 363.11(e)(3)) In providing supported employment services under an individualized written rehabilitation program to eligible individuals, the designated State unit coordinates the provision of such services with the individualized plans established under other Federal or State programs, such as the individualized education program mandated by sections 612(4) and 614(5) of the Individuals with Disabilities Education Act and the individualized habilitation program required by section 123 of the Developmental Disabilities Act of 1984.