Narrative: a. 4.

The West Virginia Division of Rehabilitation Services (WVDRS) received input from the West Virginia State Rehabilitation Council (WVSRC) members and chairperson regarding the Combined State Plan to be submitted by the Workforce Innovation and Opportunity Act (WIOA) partners in 2024. The input and the agency responses are reported below.

Observation 1: The partnership between West Virginia Division of Rehabilitation Services (WV DRS), the WV Department of Education (DOE), WV Schools for the Deaf and the Blind (WV SDB), Workforce Investment and Opportunity Act (WIOA) partners create a valuable community for people with disabilities. WV DRS continues to have successful outreach to students with disabilities from ages 14 – 21 to encourage increased enrollment at a younger age for VR services, like pre-employment transition services (Pre-ETS) to achieve vocational training, postsecondary education, and employment goals. WV SRC recognizes the inclusion of their partnerships and CRPs on the “Pathways to the Future” website (pathwayswv.org) and looks forward to seeing additional growth in this area.

Recommendation 1: The WV SRC recommends WV DRS continue longitudinal tracking with WIOA measurements to highlight the benefits of Pre-ETS and VR services for the students’ long-term success. WV DRS has increased communication efforts with their long standing and newly innovated partnerships who can offer additional support for students’ continuation of care. WV DRS could bring in the local agencies, councils, partners, and programs, like CRPs, at the end of their Pre-ETS camps or have their booths at the Pre-ETS camps. These WV DRS connections aid students to receive more services, more frequently, from this evolved community of support. The ongoing communication and collaborative efforts made by WV DRS are beneficial for students throughout the 55 counties of WV.

Observation 2: WV DRS prioritizes people with disabilities to go through the application and enrollment process to receive individualized services as soon as possible. This is evident as WV DRS continues in their innovative efforts to serve students during their secondary education, as young as 14 years of age. The Individual Plan for Employment (IPE) will promote the student to get on board and include VR services while identifying their future goals.

Recommendation 2: The WV SRC recommends that WV DRS continues their frequent presence in high schools and/or vocational schools. Having VR Counselors available to inform students on all the WV DRS services and programs will give the students a variety of choices on what to incorporate into their IPE. Keeping the students well informed allows them to have ownership of their personalized IPE. Building awareness of WV DRS services is also crucial in non-traditional educational settings, such as Home Schools. WV DRS counselors have opportunities to assess the needs of students’ families for additional supportive programs from WV DRS and their partners.

Observation 3: There has been an increased awareness of how effective communication between first responders and people with disabilities is vital. WV DRS continues to empower individuals with varying disabilities to live more independently, including driving and excelling in their career goals. There have been noticeable efforts from WV DRS to assure their consumers have a multitude of resources to achieve their goals. One of these efforts can be seen on the WV DRS website’s Consumer Affairs Committees (CAC) page, which reads, “The committees’ activities focus on a broad range of goals, including public awareness and support for the rights, individual dignity, personal responsibility, full inclusion, equal access, self-determination, and community involvement of people with disabilities.”

Recommendation 3: The WV SRC recommends that WV DRS has their Consumer Affairs Committees collaborate with partners, such as the WV Department of Education (DOE), West Virginia Schools for the Deaf and the Blind, WorkForce, and additional partners as needed, to create materials for effective communication between first responders and people with disabilities statewide. The WV SRC and partnering councils, such as WV SILC could provide support in this endeavor as well.

After further discussion with CSAVR Director, she described training programs that have been created, alongside law enforcement, for disability awareness with an emphasis on effective communication and interaction. One specific example can be seen on the Oklahoma Department of Rehabilitation Services website (https://oklahoma.gov/okWVDRS/newsroom/2023/09/sdhhdeafawarenessweek.html). David Hankinson is a Program Manager, from the Services to the Deaf and Hard of Hearing (SDHH), within the Oklahoma WVDRS VR division. The Oklahoma School for the Deaf also provided support with SDHH and OK WVDRS to collaboratively work with law enforcement to create laminated “police communication cards.” These cards were distributed in 2023 for free, during Deaf Awareness Week, in September. The laminated card is something that people who are hearing impaired can keep in their car visor for easy access, which can be used for other first responders, for effective communication. This allows for the person with hearing impairments to point out on the laminated card to items, like their preferred way of communication, if they need roadside assistance, or emergency medical attention. The first responder can also point to the card to communicate why the individual is being stopped, if they need to see identification, and additional commands. Hankinson explained that first responders’ interactions can cause misunderstandings and frustration on both sides; especially if there is a flashlight obstructing the person with hearing impairments to not see the queues or read lips, possibly leaving the officer to assume they are being intentionally non-compliant. If a person who is hard of hearing relies on sign language, but their interaction leads to handcuffs, they are physically silenced. WV DRS has the resources and support to create a variety of first responder, community, and employment communication cards to reduce barriers experienced by people with disabilities (vision, hearing, etc.). This initiative would build a relationship with first responders, increase community awareness statewide, create promotional opportunities, but most importantly – empower individuals with disabilities.

Observation 4: WV DRS continues collaborative efforts with partners at WorkForce, WV DOE, WV SDB, CRPs, councils, and local agencies who can optimize an individual’s independence and provide support in helping someone maximize their employment opportunities and income. These programs can help individuals achieve their employment goals, which increase career options through local connections (especially in rural areas). Stronger collaboration promotes employment sustainability for consumers with a significant disability. This previous observation has been expanded since there has been a noticeable decline in “Performance Indicator 1.4 – Significance of Disability” which measures the percentage of consumers with a significant disability to earn at least minimum wage. Even though the measurement was less than 5% shy of RSA’s federal benchmark of 62.4%; there has been a significant decline from FY 2019 being at 99.4% to FY 2022 reporting at 57.7%. This goal was understandably impacted during the global COVID 19 pandemic as the economy continues in the recovery process.

Recommendation 4: WV SRC recommends WV DRS and consumers to benefit from all the effort WV DRS has put in to building better relationships with partners at WorkForce, WV DOE, WV SDB, CRPs, councils, and local agencies. WV SRC commends WV DRS in their ongoing and newer strategies, like hosting Quarterly CRP Meetings. WV SRC recommends WV DRS have an updated supportive services summary sheet, categorized, and divided by region, to be made easily accessible on WV DRS website for potential and current consumers. WV DRS Counselors could provide this updated supportive services summary sheet along with WV DRS handouts to offer additional services to encourage employment retention and continued support.

Observation 5: WV DRS continues collaboration with WIOA partners, such as when WV DRS hosted the first-ever WIOA Partners Conference in June of 2022 to enhance teamwork and coordination with hundreds of participants from WIOA partners and stakeholders. WV DRS has an opportunity to further integrate and coordinate with WIOA program partners on WIOA common performance measures, such as the Measurable Skills Gain Rate measure. The American Job Centers (AJC) buildings house WorkForce programs, as well as other community partners. There is a WV DRS office in AJC buildings, such as the Kanawha County location.

Recommendation 5: WV SRC recommends WV DRS coordinate with WIOA program partners for historical knowledge on WIOA common performance measures for leverage and reuse of resources and methodologies. This will further prepare WV DRS consumers while increasing measures, like the Measurable Skills Gain Rate. WV DRS will build onto their top-tier services with educational, skills, employment, and networking opportunities. Since the relationship pre-exists between WV DRS and WIOA partners (e.g., AJC) this would be a streamlined process for the most elite toolkit to benefit WV DRS and consumers.

Observation 6: Persistent efforts needed for competitive long-term employment in the business industry. This was another area impacted nationally by the COVID 19 Pandemic and was reflected in the Performance Indicator 1.6 — Self-Support. This measured consumers whose earnings were at least minimum wage, the difference in the percentage of individuals who at program entry reported their income as the largest single source of support, and the percentage that reported their personal income as the largest single source of support at program exit. (Federal Requirement – 53% mathematical differences). WV DRS reported above the federal benchmark in FY 2019 at 62.9% but in FY 2022 it was 37.5% - causing a 15.5% gap in meeting the federal standard, which is a national, if not global issue, deriving from the job market and economy shift during and post-COVID 19. The pandemic also impacted reporting from the mandated social distancing policies with the service industry and virtual schooling inevitably posing as a problem for this measurement.

Recommendation 6: The WV SRC recommends the continuation of educating and showcasing businesses who integrate WV DRS consumers as noted in the “WV DRS Annual Report 2022.” - There were barrier shattering accomplishments by WV DRS Employment Services Unit for FY 2022. Some of these accomplishments include increasing business engagement strategies like joining the Chamber of Commerce to more than double employment opportunities for individuals with disabilities in On-the-Job Trainings (OJT); implementing an Employer Recognition Program; Providing a comprehensive two-day disability inclusion training from WINDMILLS; and many more. WV SRC encourages WV DRS to continue conducting workshops and include firsthand testimonials in email blasts. Coordinating WV DRS presence with local organizations, such as the Charleston Area Alliance who hosts monthly “Business After Hours” social events. There are also WV One Stop Business Center locations that are frequented by new and established businesses owners. Additional income opportunities for those qualifying for WVABLE is another program WV DRS partners with and should continue to encourage consumers to include WVABLE as a resource for financial support.

Observation 7:  WV DRS has opportunities to raise awareness of their consumers’ vocational rehabilitation and successful careers. Having this additional knowledge spread throughout our state lowers barriers for people with disabilities and raises opportunities in the community. WV DRS has proven this ongoing initiative from the success for job opportunities derived when joining a local Chamber of Commerce, more than doubling On-the-Job Training (OJT) for people with disabilities.

Recommendation 7: WV SRC recommends WV DRS have a publicity committee established, or rejuvenated to boost publication efforts through websites, newspaper articles, statewide magazine advertisements, and being more active on social media platforms. Public broadcasting on local news channels can be increased, especially for special events, like the WV DRS Annual Ability Works Ceremony, and the Annual Essay Contest. Further opportunities and services will be made available to people with disabilities as communities witness the WV DRS consumer success stories.

Observation 8: WV DRS has been working with The Behavioral Health, Corrections, and Community Assets Programs and other agencies to provide information on WV DRS programs and services. WV DRS Counselors have also received resources to offer to consumers involved in the criminal justice system. This networking has assisted consumers with co-occurring conditions, such as mental health and substance related disorders to manage barriers and achieve employment goals.

Recommendation 8: The WV SRC recommends WV DRS continues working together with active participation in Behavioral Health Planning Council, WV Olmstead Council, WV Achieving a Better Life Experience (WVABLE) Advisory Committee, Developmental Disabilities Council, Traumatic Brain Injury Advisory Board, Fair Shake Network, Dangerous Assessment Advisory Board, Bridging Resources West Virginia Advisory Committee, the Creating Opportunities for Recovery Employment (CORE) Regional Advisory Council, and Jobs and Hope program. WV SRC recommends expanding these endeavors, like Jobs and Hope, to the known underserved areas with transportation barriers. WV SRC is interested in reviewing additional reporting deriving from these impressive partnerships to combat this complex crisis.

Observation 9: WV DRS consumers typically need a variety of transportation methods, depending on their short-term and long-term goals. Some consumers may require public transportation education until they can afford a vehicle, regain their driving privileges, and/or have vehicle modifications. Others will benefit from options, such as transportation services programs, or drivers’ education and tutoring. WV DRS consumers receive support to increase independence with programs such as the Rehabilitation Technology Unit who travel across the state to provide accommodation services and driving instructors. This unit offers continued training, such as self-advocacy, workplace readiness, money management, driver education and training for various modes of transportation.

Recommendation 9: WV SRC recommends WV DRS continues growing programs, such as the Rehabilitation Technology Unit. WV DRS counselors should be well informed of the more unique services, such as vehicle modifications, accommodation services, and driving instructors. WV DRS impresses the importance of employment, so incorporating preparation for the appropriate transportation resource is crucial for the consumers’ careers and independence. WV DRS consumers would benefit from education of the public transportation system, specifically for people with visual, hearing, or mobility classified disabilities.

WV SRC recommends WV DRS research Driving Simulators, including Commercial Driver License (CDL) Training Simulators (e.g., WVU Occupational Therapy and WV Community College). These additional driving training opportunities would significantly increase skills and confidence in WV DRS consumers to go into careers requiring specialized driving operational licenses, like CDLs.

Observation 10: WV DRS continues to host dynamic and impactful conferences for internal training and collaboration with partners. This large undertaking assures knowledge of the services and programs available from WV DRS and their abundant amount of collaborations are known internally and across the rehabilitation network in West Virginia. A healthy company culture increases productivity, which can also be seen in the high quality of services provided to WV DRS consumers.

Recommendation 10: WV SRC recommends WV DRS to continue hosting valuable conferences and training courses with their partners and CRPs, as well as internally. These events and recurring meetings provide a platform to encourage a positive working culture of appreciation. Having key-note speakers can re-ignite passion and purpose. WV SRC recommends incorporating feedback from the WV DRS consumers’ real-life experiences to WV DRS internally. This effort would be another source of encouragement, like the success stories shared at the Ability Works Ceremony. WV SRC recommends WV DRS have a publicity committee established. WV DRS also has self-advocacy training for consumers. Encouraging WV DRS consumers in self-advocacy training to communicate on the barriers they are overcoming and their successes along the way will increase their self-advocacy skills. Connecting these WV DRS consumers to an internal publicity committee would allow them to confidently use their voice. Utilizing opportunities like this will support recognition for the valuable work of the WV DRS staff as well; and share knowledge of consumer services available.

Additional Input:

DRS has communicated to SRC the fiscal challenges moving forward, due to significant increases in the number of consumers wanting DRS services.  SRC understands that the present trend cannot continue unless DRS continues to receive extra funding from RSA. DRS has discussed one important remedy, moving forward is to implement the OS, more specifically, DRS has presented to SRC the closing of OS Categories 3 and 2 (NSD and SD).   SRC understands DRSs position in pursuing the OS closure moving forward. 

WVDRS Response: 

DRS appreciates SRC understanding of the agency’s challenges and the need to implement the OS. 

CONSUMER SATISFACTION

As part of its program improvement efforts, WVDRS continued to support the implementation of consumer satisfaction surveys of its clients to ensure quality services for WVDRS consumers. The WV State Rehabilitation Council (WVSRC) conducted the surveys (with full WVDRS assistance and cooperation). WVSRC is primarily responsible for completion of the consumer satisfaction survey for Vocational Rehabilitation (VR) consumers. WVDRS continued to provide and supplement fiscal and human resources needed for its successful completion. WVSRC members selected a survey method that allowed former WVDRS clients and individuals who were not accepted for VR services to be contacted via mail surveys as soon as they exit WVDRS from various statuses throughout the fiscal year. The findings were based on consumer satisfaction information gathered from 211 responses across the six WVDRS districts. Respondents to the consumer satisfaction survey were asked to rate their agreement with statements about their interactions with WVDRS. The ratings were “strongly agree,” “agree,” “neutral,” “disagree,” and “strongly disagree.” Respondents were provided an option to indicate replies that were neutral or that the survey item was not applicable. Selected highlights of the December 2022 Consumer Satisfaction Survey of WVDRS clients as reported by the WVSRC were: Overall, responses for the 2021-2022 survey were slightly higher than the reported satisfaction in previous years. The mean rating across the ten satisfaction items was 88% for 2021-22, compared to 86% for 2020-21, 86% for 2019-20, 80% for 2018-19, 78% for 2017-18, and 76% for 2016-17. Major findings of the consumer satisfaction survey included: (1) respondents felt their rehabilitation counselor treated them with respect (94%), (2) they felt that the eligibility requirements and process for receiving services were clearly explained by WVDRS staff (94%), (3) their questions were answered clearly by WVDRS (93%), (4) they received the services they needed (90%), and (5) they were satisfied with the services provided (90%). Respondents also reported that their counselor stayed in contact, so they knew what was happening (89%) and that they were made aware of the steps and responsibilities to achieve their employment goal (89%). Consumers also reported high ratings (“Above Average” or “Excellent”) for accessibility of local offices (95%), and the overall experience with WVDRS (91%).

STRATEGIC PLANNING

Strategic planning discussions occur on a regular basis at WVDRS Executive Management Group meetings, which include representatives of the SRC and Statewide Independent Living Council (SILC), as appropriate. Needs assessment results are shared with the SRC and SILC. WVDRS Goals and Priorities were presented at meetings of the SRC, where the SRC has opportunities for input. The SRC meetings include a variety of stakeholders, including representatives from the Client Assistance Program, SILC, other state agencies, and stakeholders.

To ensure transparency and public awareness regarding the Program Year (PY) 2024 VR portion of the WV Combined State Plan, WVDRS posted a draft version on the agency’s website for review.

The West Virginia Division of Rehabilitation Services (WVDRS) held a public meeting on the Vocational Rehabilitation portion of the WV Combined State Plan for Program Years 2024-2027 on December 19, 2023 to receive comments and questions from VR stakeholders pertaining to the Vocational Rehabilitation Portion of the Combined State Plan. The meeting was publicized on both the WV Secretary of State’s and WVDRS’ websites.  The meeting was also announced during stakeholder meetings and emails to stakeholders, including the WV State Rehabilitation Council and the Client Assistance Program. Thirteen individuals attended the meeting either in person or virtually. DRS also held a public comment period on the Vocational Rehabilitation portion of the WV Combined State Plan for Program Years 2024-2027 from December 11, 2023-January 10, 2024. Disability Rights of West Virginia (DRWV), the federally mandated protection and advocacy system for the state of West Virginia, submitted comments on the VR Portion; there were no other comments received. The following is a summary of the comments received from DRWV and the WVDRS responses to the comments.

DRWV Comment:

Page 6: WVDRS Response to Observation/Recommendation 2: “WVDRS agrees that it is important for students and youth with disabilities to begin the vocational rehabilitation process as early as appropriate after reaching 14 years of age. WVDRS is open to the recommendation and has requested that counselors identify any possible opportunities for additional embedded VR offices within high schools. WVDRS continues to maintain an office on campus at the WV Schools for the Deaf and Blind to provide awareness and services, including PreETS, in an expeditious manner. If additional opportunities arise, WVDRS will move forward to establish offices, where appropriate and agreed upon by both parties.” DRWV also agrees that it’s important for students and youth with disabilities to begin vocational rehabilitation services as early as appropriate after reaching 14 years of age. However, while providing advocacy services throughout the state of WV, DRWV has become aware of gaps in DRS services. DRWV recommends that DRS work closely with the Local Educational Agency (LEA) to educate parents, students, and school personnel on DRS services and eligibility requirements. DRS could set up resource tables and/or request time on assembly agendas during open houses, Local School Improvement Council (LSIC) meetings, and /or parent resource fairs.  In addition, most LEAs have a communication system that regularly sends information blast to parents, students, and school personnel.  DRS could request the LEA to share information regarding DRS services. There are many students across West Virginia who are enrolled in public schools and some students who receive services in facilities that could benefit from DRS services, but the information is not readily available. DRWV believes that there are opportunities for DRS to have a meaningful presence at LEAs. However, it appears that DRS Counselors mostly visit schools to attend IEP meetings for a few students but have no other interaction with potential clients.

WVDRS Response:

WVDRS has a long history of serving students and transitioning youth with disabilities and has sustained this focus through the continued implementation of the Workforce Innovation and Opportunity Act. WVDRS’ ongoing efforts are evidenced by the large percentage of applicants who are students with disabilities, which comprise over half of all individuals who apply for and receive WVDRS services. WVDRS serves students with disabilities who are enrolled in both public and private schools, homeschool, and other educational settings. 

WVDRS maintains formal interagency agreements with the WV Department of Education, the WV Schools for the Deaf and the Blind, and each of the 55 county boards of education. For many years, WVDRS has assigned a vocational rehabilitation counselor to each public high school in the state, and this practice continues today.

WVDRS and Education have a shared partnership and shared responsibility to students with disabilities, and WVDRS takes its role to fully engage with and supplement education for students and transitioning youth with disabilities very seriously. Through the Systemic Transition Enhancement Project starting in 2021 (STEP21) initiative, WVDRS has encouraged full participation from our partners, stakeholders, staff, and our consumers to increase awareness of the availability of our services and to advance high-quality employment outcomes for participating students with disabilities.

WVDRS works with the WV Department of Education (WVDE), Office of Special Education to cross train WVDRS and Education staff, including special education coordinators and teachers. WVDRS also works with WVDE to develop and disseminate outreach materials to students with disabilities and their parents, grandparents, and/or guardians. Special Education staff across the state have been trained on the use of PathwaysWV.org, WVDRS’ website, which targets students with disabilities, their parents/guardians, and Education staff.

As part of the STEP21 initiative, WVDRS renewed its commitment to maximize outreach and services to students with disabilities, while calling on stakeholders, including the school system, to assist WVDRS with its outreach and referral efforts. Additionally, WVDRS conducts a variety of outreach efforts across the state that vary by county and school. These activities include outreach by WVDRS and/or Education staff and are not limited to parents’ nights, transition fairs, job fairs, and community and sporting events. For over five years, WVDRS has provided large informational banners to all public high schools in the state to be placed in high traffic areas of the schools. The banners target high school students with disabilities and provide a summary of WVDRS' services, DRS contact information, website address, and a QR code to allow smartphone users to quickly access the WVDRS website.

WVDRS rehabilitation professionals do attend IEP meetings whenever invited (WVDRS staff cannot attend unless invited), but as illustrated, these meetings are not the only WVDRS presence within West Virginia's educational system.

DRWV Comment:

Page 7: continue WVDRS Response to Observation/Recommendation 2: “Additionally, WVDRS has made concerted efforts to provide outreach and services to nontraditional education settings for youth with disabilities, such as juvenile centers and facilities, Youth Reporting Centers, and other similar locations. The youth in these settings are afforded the same opportunity to receive Pre-ETS and other VR services as individuals in traditional settings, as appropriate. Further outreach continues to be conducted with stakeholder groups, such as parent and grandparent organizations, to include those students who may be in homeschool, private school, or other educational settings.” DRWV’s direct advocacy with youth with disabilities in non-traditional education settings has NOT shown that DRS provides the same outreach and services to these individuals. Often the facility staff are not familiar with DRS services. DRWV recommends that DRS becomes actively involved, responsive, and work closely with the Youth Transitional Facilities and private and state Children’s Residential Facilities.

WVDRS Response:

In recent years, WVDRS Director Bua-Iam launched a targeted outreach effort to increase awareness of its services to individuals working and residing in Youth Transitional Facilities, state Children's Residential Facilities, and other nontraditional educational settings. The initial efforts were conducted in conjunction with a DRWV staff attorney, who was also member of the WV State Rehabilitation Council during this time, WVDRS' Program Specialist over Behavioral Health/Corrections/Community Assets, and local WVDRS rehabilitation counselors and managers. After the initial outreach process, which included direct contact with all related facilities, WVDRS staff continue to visit and meet with potential consumers and facility staff. As always, WVDRS is ready and willing to act on any specific information regarding potential locations where additional outreach may benefit potential consumers.

DRWV Comment:

Page 8: WVDRS Response to Observation/Recommendation 3: “WVDRS is in agreement with the benefits of materials that enhance the communication between individuals with disabilities and first responders. The agency appreciates the research and examples provided by the SRC, CSAVR, and other VR agencies. WVDRS will work with its CACs, and other stakeholders including the SRC, to explore the development, creation, and distribution of materials that would afford more effective communication between first responders and people with disabilities statewide, as appropriate.” DRWV developed an EMS Communication Card with WVU CED, National Down Syndrome Society, City of St. Albans Fire Rescue, WV Commission for the Deaf and Hard of Hearing. There is also a D/HH Visor Card for use by a Deaf or Hard of Hearing individual in a vehicle. This material that has already been developed may be of assistance to DRS and its clients.  DRWV shared electronic and physical copies of this material.  

WVDRS Response:

WVDRS greatly appreciates DRWV providing these valuable materials to assist individuals with disabilities across the state with communicating with first responders. WVDRS will make those materials, in both electronic and physical forms, available to its consumers and other stakeholders whenever appropriate and allowable.

DRWV Comment:

Page 14: of the VR Portion of the WV Unified State Plan for Program Years 2020-2023, effective beginning July 1, 2020: “DRS also maintains communication and works with other non-educational agencies that serve out-of-school youth in order to introduce and provide VR services. These agencies include Youth Reporting Centers under the WV Division of Juvenile Services and Peer Support Centers, funded by the WV Bureau for Behavioral Health. Youth Reporting Centers are community-based centers that provide intervention programs for at-risk youth and also provide reintegration services for youth returning to the community. The Peer Support Centers provide a variety of support services for qualifying youth with behavioral health conditions.” Page 13: of the draft Vocational Rehabilitation Portion of the WV Combined State Plan for Program Years 2024-2027, 4. Non-Educational Agencies Serving Out-Of-School Youth: DRWV questions the removal of language outlined in the PY 2020-2023 plan.  It appears DRS has transferred all efforts to introduce and provide VR services to Workforce Innovation and Opportunity Act (WIOA) partners.

WVDRS Response:

WVDRS appreciates the opportunity to clarify the referenced section of the VR Portion of the WV Combined State Plan. To be clear, WVDRS has not "transferred all efforts to introduce and provide VR services to Workforce Innovation and Opportunity Act (WIOA) partners." This section of the VR Portion of the WV Combined State Plan requires DRS to describe its interagency cooperation with other agencies, including those noneducational agencies serving out-of-school youth (a separate and distinct population served by a required program under Title I of WIOA and administered by the U.S. Department of Labor at the federal level and by WorkForce WV in West Virginia). This program is required to serve youth who are not enrolled in certain educational or training programs. Participants and potential participants of this program may also have disabilities, making them potentially eligible for VR services through WVDRS. Because of these potential VR consumers, WVDRS works with this program to coordinate outreach and referrals. Furthermore, WorkForce WV and WVDRS strive to co-serve eligible individuals, whenever appropriate and allowable, to maximize services, resources, and expertise to increase quality employment outcomes.

DRWV Comment:

Page 15: Subminimum Wage Employment: “Section 511 of the WIOA imposes requirements on WVDE and Rehabilitation with regard to youth with disabilities seeking subminimum wage employment. Rehabilitation and WVDE shall work cooperatively to ensure that the individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions…” DRWV would like to know why DRS is promoting subminimum wage employment to students. DRWV suggests that DRS educate students about competitive integrated employment. According to the US Department of Labor’s website list of 14c Certificate holders, there is only one employer that is listed from WV with a current certificate to allow subminimum wage. It would be more in line with the current Employment First framework to promote competitive pay for all people with disabilities.

WVDRS Response:

WVDRS appreciates the opportunity to clarify this section of the VR Portion of the WV Combined State Plan. This section references a federal requirement of the formal interagency agreement between WVDRS and the WV Department of Education to address Section 511 of the Rehabilitation Act [Title IV of WIOA; see 34 C.F.R. §361.22(b)(6), 34 C.F.R §397.31, and 34 C.F.R. §397.5(d)] regarding subminimum wage employment, specifically students and youth with disabilities seeking subminimum wage employment. 

As the state agency responsible for administering the WIOA Title IV Vocational Rehabilitation program, WVDRS is not permitted to assist individuals with disabilities, including students and youth, with gaining or maintaining subminimum wage employment. WVDRS only serves eligible individuals with disabilities seeking competitive integrated employment, which supports the employment first philosophy. WVDRS is also an active member of the West Virginia Employment First Task Force.

Additionally, as required by Section 511, WVDRS regularly provides information and resources regarding competitive integrated employment and available vocational rehabilitation services to all individuals with disabilities in the state working in subminimum wage employment under a 14(c) certificate holder. 

DRWV Comment:

Page 17: “As part of the Comprehensive Statewide Needs Assessment (CSNA), WVDRS attempted a one-on-one Pre-ETS needs assessment discussion with teachers and administrators in all of West Virginia’s 55 counties. WVDRS received participation from 64 high schools in 29 (out of 55) counties in 2023.” The VR Portion of the WV Unified State Plan for Program Years 2020-2023, effective beginning July 1, 2020, referenced a 2019 joint training with the WV Office of Special Education, that included cross training for over 200 staff.” What efforts were made in 2023 to reach all high schools, non-traditional educational settings, and the WV Office of Special Education? It appears that the 2019 training was relatively successful. DRWV recommends that DRS make all attempts necessary to train all stakeholders. 

WVDRS Response:

As previously mentioned, WVDRS conducts outreach in a variety of ways. This includes direct outreach by vocational rehabilitation counselors, large informational banners in high schools, outreach by state-level staff including the Program Specialist over Behavioral Health/Corrections/Community Assets and a full-time outreach coordinator. As part of the CSNA, WVDRS relied on a variety of methods from its own staff and through coordinated efforts with state and local level partners. This included direct, in-person and email efforts. While WVDRS would prefer more respondents, participation in the CSNA is completely voluntary, and we greatly appreciate all respondents to the CSNA, including those who serve students with disabilities. 

WVDRS agrees with the benefits of cross training staff from other agencies and continues to do so on local and state levels. For example, DRS hosted a partner agency conference with attendees from over 80 different agencies/programs. During the conference, each agency/program was afforded the opportunity to present information about their agency/program to the entire audience and have informational tables set up for the duration of the conference. Conference attendees included representatives from the WV Department of Education, Office of Special Education and other agencies and programs that serve individuals with disabilities.

DRWV Comment:

Page 19: Transition and Pre-Employment Transition Services Planning: “The participation of Rehabilitation counselors, or other Rehabilitation staff, as appropriate, in the IEP process will help students and parents understand the differences in and facilitate the provision of educational and rehabilitation services.” As mentioned during the public comment session held on December 19, 2023,” DRWV recommends that “other Rehabilitation staff,” be defined. DRWV has concerns with the vague reference of “other Rehabilitation staff” language. DRWV believes that DRS clients could potentially be at risk of receiving services from unqualified DRS staff.

WVDRS Response:

WVDRS appreciates the opportunity to clarify this section of the VR Portion of the WV Combined State Plan. As described in the quoted section above, WVDRS utilizes its staff, as appropriate, to attend IEP meetings to inform students and parents about VR services and what type of services may be the responsibility of WVDRS and those that may be the responsibility of the LEA. While WVDRS has a Rehabilitation Counselor assigned to each high school in the state, the number and timing of IEP meetings greatly exceeds the capacity of its VR counselors to attend every IPE meeting. To maximize its presence at IEP meetings, WVDRS utilizes other staff, including District Managers and Branch Office Managers (all former Rehabilitation Counselors) and Rehabilitation Services Associates (RSA), which are paraprofessionals who assist Rehabilitation Counselors. To be clear, there is no risk of any consumer being provided services from unqualified WVDRS staff. Rehabilitation Counselors, including those in management positions, are the only WVDRS staff permitted to conduct certain activities and provide certain services to WVDRS consumers. This includes determining eligibility and the development and implementation of the Individualized Plan for Employment (IPE). To maximize efficiency with existing human and fiscal resources, other WVDRS staff, including RSAs and Employment Specialists, may assist the Rehabilitation Counselor with various clerical and paraprofessional aspects of casework and service provision. However, the Rehabilitation Counselor is responsible for overseeing consumers' cases.

DRWV Comment:

Page 22: Outreach and Identification: “Outreach activities and student identification will be conducted as early as possible, preferably no later than the students' 10th grade year and shall include…" DRWV suggest that DRS focus on the student’s age and not the grade.  If the LEA has a requirement to begin transition services at age 14, and DRS is an important part of transition services it seems as though DRS would want to train and educate potential clients as soon as possible. There are some 9th graders who are 14 years of age. If DRS waits until the student is in the 10th grade, then an entire school year will be missed.

WVDRS Response:

WVDRS appreciates this opportunity to clarify that this language is an excerpt from its interagency agreement with the WV Department of Education (WVDE), which primarily focuses on coordinated efforts and is not exhaustive of WVDRS' additional efforts and activities outside the scope of the agreement with WVDE. WVDRS is required to have an agreement with WVDE and that agreement must contain certain information and certain sections of this agreement are required to be included in the VR Portion of the WV Combined State Plan and the referenced section is a reflection of WVDRS' response to those requirements. In accordance with federal regulations and the state definition of "student with a disability," WVDRS only provides services to individuals who are a minimum of 14 years of age. As quoted above from the interagency agreement between WVDRS and the WVDE, outreach activities begin and student identification is conducted as early as possible. WVDRS does not have a grade-level requirement and actively and fully serves students with disabilities prior to their 10th grade year, including students aged 14 and above who are currently enrolled in the 9th grade or below (e.g., middle school).

DRWV Comment:

Page 95: Order of Selection: “The Counselor will determine the significance of an individual’s disability after conducting a diagnostic study that allows for assessing the permanency of the disability, the number of functional capacities limited by the disability, the number of vocational rehabilitation (VR) services needed, and the time in service required to complete those services. These criteria are used when determining whether the individual’s disability is non-significant, significant, or most significant.” DRWV believes that the language could be misleading and gives the impression that the counselor has the absolute authority to make disability determinations based on vague guidelines and limited information.

WVDRS Response:

WVDRS appreciates the opportunity to clarify the Order of Selection section of the VR Portion of the WV Combined State Plan. As outlined in the VR Portion, as well as the WVDRS Client Services Manual, which is available on the WVDRS website, a Rehabilitation Counselor does not and cannot base the significance of disability on vague guidelines and/or limited information. In 2020, WVDRS revised the previous Order of Selection categories and their respective definitions per request of the federal Rehabilitation Services Administration (RSA). At the time, WVDRS held a public meeting and a public comment period to provide an opportunity for feedback on the RSA-approved changes. After reviewing the full content of the VR Portion of the WV Combined State Plan and WVDRS policy, WVDRS is confident that the specific requirements and definitions are clear to consumers, stakeholders, and the general public.

DRWV Comment:

Page 3: Recommendation 4: “WV SRC recommends WV DRS have an updated supportive services summary sheet, categorized, and divided by region, to be made easily accessible on WV DRS website for potential and current consumers.” Page 7: WVDRS Response to Observation/Recommendation 4: “The agency is currently in the process of developing a fully redesigned, accessible website that will allow for easier navigation, including information about available services. WVDRS will notify the SRC when the new site is ready for demonstration.”  It is DRWV’s opinion that the WVDRS website (www.wvdrs.org) is not user friendly and is incredibly outdated. DRWV understands that DRS is in the process of developing a new website. However, DRWV would like to know if there a time frame for updating the website. 

WVDRS Response:

WVDRS has been working with an outside firm to create a new website. The website will be accessible and more user-friendly to all users, including those using smart phones and tablets. Presently, the site is nearing completion and is in the quality assurance review stage. WVDRS anticipates the new site going public prior to March 2024.

DRWV Comment:

In addition, after reviewing the plan DRWV does not believe that DRS provided concrete responses to the SRC’s recommendations. It would be helpful if DRS outlined specific timelines as it relates to the plan. For example, the language in the plan that addresses training does not specific how often DRS plans to provide training. 

WVDRS Response:

As this is a VR Portion of the WV Combined State Plan for Program Years 2024-2027, a specific timeline for certain activities covering the next four years would not be appropriate. However, WVDRS remains committed to conducting training and other activities as needed and appropriate. As a member of SRC, DRWV will remain informed of WVDRS' ongoing and planned activities.  

Additional Input:

DRS has communicated to DRWV the fiscal challenges moving forward, due to significant increases in the number of consumers wanting DRS services.  DRWV understands that the present trend can not continue unless DRS continues to receive extra funding from RSA. DRS has discussed one important remedy, moving forward is to implement the OS, more specifically, DRS has presented to DRWV the closing of OS Categories 3 and 2 (NSD and SD).   DRWV understands DRSs position in pursuing the OS closure moving forward.  DRWV also requested that DRS continue to provide tutoring services to high school students moving forward. 

WVDRS Response: 

DRS appreciates DRWV understanding of the agency’s challenges and the need to implement the OS. 

Summary of West Virginia Division of Rehabilitation Services’ Public Meeting to Present Proposed Changes to the Vocational Rehabilitation (VR) Portion of the WV Combined State Plan

On November 8, 2024, the WV Division of Rehabilitation Services (WVDRS) announced a public comment period lasting through December 9, 2024 regarding proposed changes to sections of its Client Services Manual and updates to the VR Portion of the WV Combined State Plan. A public meeting was also announced at that time with information on how to attend in person or virtually, and how to submit comments to WVDRS via mail, email, and fax. As required, the public meeting announcement was also submitted to the WV Secretary of State’s website. 

Documents containing the full draft changes were posted on the WVDRS website for public review. These include the Order of Selection and Annual Estimates sections of the WV Combined State Plan and changes to the maximum tuition support and vehicle purchase and repair sections of the Client Services Manual. DRS proposed to reinstitute an Order of Selection and close Order of Selection Categories 2 and 3 to newly eligible consumers with Category 1 (individuals with the most significant disabilities) remaining open to current and newly eligible consumers.

The meeting was held on December 3, 2024 at the WVDRS administrative offices in Nitro, WV starting at 5:00 p.m. local time. Attendees were also provided with the opportunity to attend virtually via Zoom and via phone. There were approximately 21 virtual attendees (this includes approximately three attendees via phone) and seven attendees in person in Nitro, WV.  Included in those attending the public meeting were representatives from the West Virginia State Rehabilitation Council (SRC) and Disability Rights of West Virginia (West Virginia's Client Assistance Program). A brief presentation was made to provide context for the proposed changes and then a brief overview of the relevant sections of the VR Portion of the WV Combined State Plan and Client Services Manual documents.  At the conclusion of the presentation, instructions on how to submit formal comments to DRS were provided to attendees.

During an in-person conversation with the WVDRS Director at the public meeting, the SRC Executive Director indicated that the SRC understands the need for the changes proposed by WVDRS and that SRC members have not expressed concerns with the proposed changes.

Following the presentation, attendees were afforded the opportunity to ask questions and provide informal comments.  Attendees asked several follow-up questions and were provided answers by WVDRS staff. The questions and answers are summarized below.

One attendee asked if there were any other changes for existing WVDRS consumers.   WVDRS responded that there were no further planned changes to agency policy, however, there were some exceptions that would no longer be granted automatically.  Those include room and board and computer purchases.  Procedural changes to the maximum hours for on-the-job training and maximum number of pre-employment transition services were also mentioned.

One attendee asked when Order of Selection Categories 2 and 3 would be closed.  The WVDRS Director responded that after the public comment period ends and the changes were approved by the federal Rehabilitation Services Administration, the categories would then be closed; this is expected to be in January 2025.  The attendee also asked a follow-up question seeking clarification on the definition of an individual with the most significant disabilities.  WVDRS provided the definition directly from the proposed changes to the Order of Selection section of the VR Portion of the WV Combined State Plan.

Another attendee asked if eligible individuals seeking services for job retention would still be served.  The WVDRS Director confirmed that those individuals would still be served, as allowed under the Workforce Innovation and Opportunity Act.

Finally, an attendee asked if tutoring services would be impacted.  The WVDRS Director answered that those services would not be impacted by any of the proposed changes.

WVDRS provided approximately 30 minutes for attendees to ask questions.  The meeting was adjourned at 5:45 p.m.

The Client Assistance Program and WVDRS staff had a meeting to discuss their concerns on September 30, 2024.  During the meeting with CAP, a request was made for the agency to extend the same level of tuition and room and board support for the Spring 2025 semester as it did for the Fall 2024 semester.  The WVDRS Director agreed to continue the same level of support and the agency’s proposed change from the Spring 2025 semester was removed; Fall 2025 was then the proposed implementation date for tuition and room and board related changes.

Additionally, WVDRS counselors immediately began to work with their potentially impacted consumers to identify any future need for additional resources.  In general, stakeholders understood the agency’s fiscal constraints and only sought to ensure there would be no changes to postsecondary support levels until after the Spring 2025 semester.  WVDRS greatly appreciates the efforts and understanding of all involved and believes the compromise to delay imposing postsecondary support changes will ensure minimal disruption for its consumers while maintaining fiscal responsibility.