Narrative: d. 1.

Local School Districts: VRBS has initiated multiple contracts with local school districts to provide pre-employment transition services (Pre-ETS) to high school students with disabilities aged 14-21. School districts develop work plans on how they will provide the five required components of Pre-ETS and are reimbursed quarterly based on the number of Pre-Employment Transition Services provided to students with disabilities who requested them. The school districts are required to provide VRBS with the documentation of services provided to students participating in Pre-ETS.

The most recent agreement with the Office of Public Instruction is from May 29, 2019. 

Information related to the process and responsibilities of LEAs (OPI) and the VR agency to document completion of activities required under Section 511 for those students pursuing subminimum wage employment:

• OPI will require LEAs who work with students with disabilities seeking subminimum wage employment to send documentation of transition services/Pre-ETS provided to VRBS within 30 days of service delivery.
• For students with disabilities seeking subminimum wage employment, OPI will require the LEA to provide documentation to VRBS of transition and Pre-ETS services they provided.  Documentation will be provided to VRBS within 30 days of service delivery.
• For students with disabilities seeking subminimum wage employment, OPI will require the LEA to provide documentation to VRBS of the student’s refusal to participate in transition services.
• VRBS will inform OPI staff, teachers, students, legal guardians and parents of the mandates found in the Rehabilitation Act, which require the student with a disability exiting the LEA to be referred to VRBS prior to entering subminimum wage employment.
• For a student with disabilities seeking subminimum wage employment, VRBS will provide the individual with documentation of the required activities within the timelines specified under 34 CFR 397.
• For students with disabilities seeking subminimum wage employment who refuse to participate in transition services, VRBS will provide documentation to the student of their refusal to participate within the timelines specified under 34 CFR 397.

Additionally, the section on coordination and documentation of subminimum wage employment that is included in the MOU between VRBS and OPI states the following:

Under section 511 of Rehabilitation Act of 1973, no entity, including businesses which hold a special wage certificate as described in Section 14(c) of the Fair Labor Standards Act of 1958, may compensate any individual with disabilities who is 24 years of age or younger at subminimum wage, unless they have met specific requirements including participation in Transition or Pre-ETS, application for VRBS and receipt of career counseling, information and referral services. The purpose of Section 511 is to ensure that individuals with disabilities have access to information and services that will enable them to achieve competitive integrated employment. 

Responsibilities of OPI and LEAS under Section 511(d) of the Rehabilitation Act of 1973

• OPI or LEAs may not enter into a contract or other arrangement with an entity for the purpose of operating a program for an individual age 24 or younger under which work is compensated at subminimum wage
• OPI will provide guidance to LEAs that when a student with a disability is known to be seeking subminimum wage employment, the LEA will share the specific requirements with the student, parents, guardians and teachers as soon as possible. This information should also be shared with participants during IEP meetings for transition planning. 
• The student will be referred to VRBS and the Vocational Rehabilitation Counselor will be informed by the LEA that the student is known to be seeking subminimum wage.
• Pursuant to 34 CFR §397.30(b)(1), the LEA will provide VRBS with documentation that contains at a minimum, the: (i) Youth’s name; (ii) Description of the transition services under IDEA and  Pre-ETS completed; (iii) Name of the provider of the required service or activity; (iv) Date required service or activity completed; v) Signature of LEA personnel documenting completion of the required service or activity; (vi) Date of signature  and (vii) Signature of LEA personnel transmitting documentation to VRBS; and (viii) Date and method (e.g., hand-delivered, faxed, mailed, e-mailed, etc.) by which document was transmitted to VRBS. The LEA Personnel must provide the documentation to VRBS as soon as possible upon completion of the required actions, but no later than 30 calendar days after completion of the required action or 60 days of additional time is needed due to extenuating circumstances. 34 CFR § 397.30(b)(2)(i). Extenuating circumstances should be interpreted narrowly to include unexpected lengthy absence due to illness or family emergency of LEA personnel necessary to produce the documentation due to illness or family emergency or a natural disaster. 34 CFR §397.30(b)(2)(i)(B). When the LEA personnel transmits the final determination or activity completed to VRBS, as required by 34 CFR §397.20 and 397.30(a), the LEA personnel must provide a cover sheet that itemizes the documentation that has been provided to VRBS regarding that student.
• The LEA must retain a copy of all documentation provided to VRBS.
• The transmittal of all documentation from the LEA to VRBS will be consistent with the confidentiality requirements of the Family Education Rights and Privacy Act (FERPA) (20 USC 11232g(b) and 34 CFR 99.30 and 99.31) and IDEA (20 USC 1417(c) and 34 CFR 300.622).

Responsibilities of VRBS under Section 511(d) of the Rehabilitation Act of 1973

• Pursuant to 34 CFR § 397.20(a) documentation of the activities listed below must be provided by VRBS to the student in an accessible format, as soon as possible after completion of the required action, but no later than 45 calendar days after determination or completion of the required activity or service or within 90 calendar days if additional time is needed due to extenuating circumstances. 34 CFR §397.10(c)(2). Extenuating circumstances should be interpreted narrowly such as unexpected lengthy absence of VRBS personnel necessary for the production of the documentation due to illness, family emergency or natural disaster. 34 CFR § 397.10(c)(2)(B).
  • The individual has received transition services under (IDEA) or Pre-ETS through VRBS or the LEA
  • The individual has applied for VR services and been found ineligible; or applied and was found eligible for VR services and;
    • Had an IPE developed
    • Had been working toward an employment outcome with appropriate supports and services for a reasonable period of time (determined on an individual basis, but up to 24 months for an individual with a supported employment outcome identified in their IPE) without success; and
    • The individual’s case is closed; and
    • Has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment.
• If a youth with a disability or, as applicable, the youth’s parent or guardian, refuses, through informed choice, to participate in the activities required by section 511 or the implementing regulations in part 34 CFR part 397, documentation must, at a minimum:
  • Contain the information in 34 CFR § 397.10(a)(2); and
  • The documentation of the youth’s refusal must be provided to them in an accessible format within 10 calendar days of their refusal to participate 34 CFR §397.10(c)(2)(i).
• The youth will be informed that their right of refusal to participate in the required activities outlined in this section will result in their inability to engage in employment at a sub minimum wage.