Narrative: d. 2. C.

DEED’s VRS assist students with disabilities in making informed choices to prepare for, obtain, maintain, advance in, or regain competitive integrated employment. Services include the provision of pre-employment transition services for students who are eligible or potentially eligible for VR services. They also include assessing an individual’s VR needs, developing and implementing an IPE, and assisting in the achievement of the employment goals for the individuals that have applied for VR services, have been found eligible and are in an open priority category.

MDE’s Special Education Division is responsible for ensuring that local education agencies provide special education and related services as documented in students’ IEPs.

DEED’s VRS and MDE’s Special Education and Career and College Success Division are responsible for coordination necessary to satisfy documentation requirements set forth in WIOA and 34 CFR 397.10 (b)(i) and (ii) with regard to students and youth with disabilities who are seeking subminimum wage employment.

DEED’s VRS and MDE’s Special Education and Career and College Success Divisions are financially responsible for the services they provide under their own laws and rules. Nothing will be construed to reduce the obligation under IDEA of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within Minnesota.

DEED’s VRS and MDE’s Special Education and Career and College Success Divisions are responsible to ensure that neither the LEA nor VR agencies may shift the burden for providing a service, for which it otherwise would be responsible, to the other entity. Decisions related to which entity will be responsible for providing transition, pre-employment transition services or vocational rehabilitation services that can be considered both a special education and a VR service will be made at the state and local level as part of the collaboration between the VR agencies, SEAs, and LEAs.

Considerations in making funding decisions could include: • The purpose of the service: Is it related to outcomes for employment or education? • Which agency customarily provides the service? • Is the student eligible for transition services under the IDEA and/ or pre-employment transition services or vocational rehabilitation services under the Rehabilitation Act?