Narrative: j. 2.

The formal agreement includes the following:

CONSULTATION AND TECHNICAL ASSISTANCE

Rehabilitation agrees to provide consultation and technical assistance services to WVDE, as well as to LEAs, in order to aid them in the planning for the transition of students with disabilities from school to post-school activities, including pre-employment transition services and other vocational rehabilitation services. Rehabilitation will provide WVDE and LEAs with information, as appropriate, regarding disability awareness, disability etiquette, accommodations and assistive technology, eligibility for Rehabilitation and the application process, vocational rehabilitation services, the availability of community-based services, independent living, competitive integrated employment, and career pathways. Additionally, Rehabilitation will provide consultation and technical assistance to WVDE and LEAs regarding pre-employment transition services including job exploration and labor market information, opportunities for work-based learning experiences, postsecondary enrollment opportunities, workplace readiness training opportunities, and self-advocacy.

Rehabilitation assures that communication with WVDE officials shall be done in the most meaningful and convenient manner possible. To that end, Rehabilitation will provide consultation and technical assistance through a variety of methods, including face-to-face contact, phone calls, email, conference calls, and video conferencing.

TRANSITION AND PRE-EMPLOYMENT TRANSITION SERVICES PLANNING

It is important that WVDE and Rehabilitation work together to determine logistics for providing transition and pre-employment transition services. The IEP and the Individualized Plan for Employment (IPE) must be developed with coordinated goals, objectives, and planned services for effective and successful transition to post-school settings. Each agency will cooperate to provide referral, support, relevant documentation, and assistance to the agency with responsibility for services.

IDEA 2004 and WIOA require the individual's participation in the development of the IEP and IPE, respectively, and emphasize informed choice. Identification of transition services for the IEP is focused on a coordinated set of activities which considers the student's preferences and interests. Likewise, the IPE is developed by a rehabilitation counselor and the individual by identifying goals through reviewing assessments, individual strengths, resources, interests, and needs. WVDE and Rehabilitation provide both awareness and exploration activities in the areas of living, learning, and work to support decisions about post-school outcomes. This interagency cooperation assures the provision of transition and pre-employment transition services that prepare the student to pursue adult goals.

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. To this end, Rehabilitation staff should be invited to IEP meetings, when appropriate, to provide information on available services and eligibility requirements. The Rehabilitation counselor may also assist in the development and coordination between the IEP and the IPE. Both WVDE and Rehabilitation should document any coordinated services outlined in both the IEP and the IPE. Planning, coordinating, and providing transition and pre-employment transition services for students with disabilities may be conducted at the state and local level to maximize service provision and individual choice.

Professional development activities between WVDE and Rehabilitation, when and where appropriate, shall be provided and facilitated by WVDE and/or Rehabilitation staff, including participating in topic-specific learning events and regional support for transition teams.

DETERMINATION OF AGENCY RESPONSIBILITY

Education, through participation in IDEA 2004, has assured the United States Department of Education (USDE) that it has established general supervisory authority over all education programs administered within the State. General supervisory authority means that:

1. All programs serving eligible students meet all requirements of IDEA 2004;
2. All programs serving eligible students within the state must meet State standards; and
3. Funds which support services to eligible school-age students with disabilities, including state and local education funds and funds under Title V, Title VI, Title IX, and Title XX of the Social Security Act, will continue to provide any and all services provided by these funds prior to the passage of IDEA 2004; and no program will alter eligibility requirements for participating in federal, state, and local programs in order to increase the financial responsibility of agencies receiving IDEA 2004 funds. Part B of IDEA does not limit the responsibility of agencies other than educational agencies for providing for and paying for some or all of the costs of FAPE to students with disabilities in the State.

Education has responsibility for providing appropriate special education and related services for each eligible student with a disability, ages 3 to 21, enrolled in the public school system. For each eligible student with a disability at age 14 or younger, if determined appropriate, the transition service needs of the student must be identified, including interagency linkages. Students with disabilities shall have equal access to services that are normally provided by public schools for non-disabled individuals, provided that reasonable accommodations or modifications can be made.

Transition services are defined in IDEA 2004 as a coordinated set of activities for a student with an exceptionality that are designed within a results-oriented process focused on improving the academic and functional achievement of the student to facilitate movement from school to post-school activities including postsecondary education; vocational education; competitive, integrated employment; continuing and adult education; adult services; independent living or community participation.

Rehabilitation is mandated by WIOA, in collaboration with local education agencies (LEAs), including the county-level Boards of Education in each of West Virginia's 55 counties and all public charter schools, to provide or arrange for the provision of pre-employment transition services to students with disabilities (ages 14 through the end of the school year in which the student turns 21) in need of such services who are eligible or potentially eligible for Rehabilitation services--specifically, those students with an IEP and those students with a disability for the purposes of section 504. The five required pre-employment transition service activities are: 1) job exploration counseling; 2) work-based learning experiences; 3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; 4) workplace readiness training; and 5) instruction in self-advocacy.  These services may be provided directly by Rehabilitation staff, school personnel, and/or through Rehabilitation-acknowledged vendors.  Pre-employment transition services may be provided in a group or individual setting.

Rehabilitation is required to conduct, at a local level, a Comprehensive Statewide Needs Assessment (CSNA) to determine the need for the five required pre-employment transition service activities. The CSNA will be used to determine: 1) the level of need for each of the required pre-employment transition service activities, statewide; 2) the amount of service provision delivered by the Education system regarding these five required activities; and 3) the amount of service gap that remains for Rehabilitation to provide. If the student needs one or more of the five required Pre-ETS services that have not already been provided as a transition service under IDEA by the local education agency, Rehabilitation will provide or arrange for the provision of those services.

For students with disabilities, the responsibility for vocational rehabilitation services rests with Rehabilitation. Rehabilitation will provide services, which are legally the responsibility of Rehabilitation, for those individuals determined to be eligible for Rehabilitation services.

Eligibility for Rehabilitation services is determined by the following criteria:

• An individual must have a permanent physical or mental impairment which, for that individual, constitutes or results in a substantial impediment for employment; and
• The individual can benefit in terms of a competitive integrated employment outcome from vocational rehabilitation services.

At present, WVDRS has representation in all high schools in all 55 WV counties. WVDRS counselors/staff regularly communicate with local school personnel to promote the awareness and usage of VR services. When permitted, WVDRS school counselors maintain an office in high schools to strengthen the WVDRS resolve to serve students with disabilities (ages 14-21). WVDRS continually sponsors grants and activities to educate all stakeholders in high schools about VR services and employment opportunities for students with disabilities.

The State Education Agency (SEA) and Local Education Agencies (LEAs) have responsibility for providing appropriate special education and related services for each eligible student with a disability, ages 3 to 21, enrolled in the public-school system. For each eligible student with a disability at age 14 or younger, if determined appropriate, the transition service needs of the student must be identified, including interagency linkages. From the perspective of the SEA and LEAs, students with disabilities shall have equal access to services, which are normally provided by public schools for non-disabled individuals, provided that reasonable accommodations or modifications can be made.

It is important that Education and Rehabilitation work together to determine logistics for providing transition services. The IEP and the IPE must be developed with coordinated goals, objectives, and planned services for effective and successful transition to post-school settings. Each agency will cooperate to provide referral, support, and assistance to the agency with responsibility for services.

The formal agreement includes the following: OUTREACH AND IDENTIFICATION

Rehabilitation and Education will utilize a variety of activities to provide outreach to and identification of students with disabilities who are in need of transition and pre-employment transition services. These activities will be conducted both jointly and individually for students with IEPs, students with 504 plans, and other potentially eligible students with disabilities not currently receiving services. Activities may include, but are not limited to, participation in career/job fairs, presentations to students and parents, website links, brochures, surveys, conferencing between Rehabilitation staff and School Counselors, and regularly scheduled contact with individual schools.

Outreach activities and student identification will be conducted as early as possible, preferably no later than the students' 10^th grade year and shall include information regarding (1) the purpose of the Rehabilitation program; (2) the eligibility requirements of the Rehabilitation program; (3) the application procedures of the Rehabilitation program; and (4) the scope of services that may be provided by the Rehabilitation program.

The following excerpt from the current formal agreement between WVDRS and WVDE outlines the coordination and documentation requirements, including the provision of Pre-ETS and transition services, for students seeking subminimum wage employment:

"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:

1. The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)).
2. The individual has applied for vocational rehabilitation services under Title I, with the result that:

1. the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or
2. the individual has been determined to be eligible for vocational rehabilitation services;
3. the individual has an individualized plan for employment under section 102;
4. the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and
5. the individual's vocational rehabilitation case is closed; and
6. the individual 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; and
7. such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection.

Any student considering subminimum wage employment upon exiting high school should be referred to Rehabilitation. When appropriate, Rehabilitation may request documentation from WVDE for purposes related to this section. Rehabilitation will collect and document the necessary prerequisites, corresponding services, and information (described above) required of individuals (aged 24 and younger) seeking subminimum wage employment. This documentation will be provided to the individual within 45 days after the completion of services, or 90 days if a longer period of time is needed due to extenuating circumstances.

Furthermore, this agreement assures, pursuant to 34 CFR 397.31, that Rehabilitation and WVDE agree not to enter into a contract or other arrangement with an entity for purposes of operating a program in which youth with disabilities are employed at subminimum wage.”