Narrative: d. 2. C.

The formal agreement includes the following:

DETERMINATION OF AGENCY RESPONSIBILITY

Education, through participation in IDEA 2004, has assured the 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.

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 16 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 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, to provide or arrange for the provision of pre-employment transition services to students with disabilities (ages 14-21) 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; 4) workplace readiness training; and 5) instruction in self-advocacy.

Rehabilitation is required to conduct, at a local level, a CSNA to determine the need for the five required Pre-ETS activities. The CSNA will be used to determine: 1) the level of need for each of the required Pre-ETS 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. Those Pre-ETS activities not provided by Education will be supplemented by Rehabilitation, as appropriate, and based on the availability of resources.

For students with disabilities, the responsibility for vocational 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 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 an employment outcome from vocational rehabilitation services.

FINANCIAL RESPONSIBILITY OF EDUCATION

Education assumes responsibility for all expenses incurred in the provision of special education and related services to achieve FAPE when those services, including assistive technology devices and services, are necessary for the student's educational program or course of study, as well as participation in school activities and during the pendency of any interagency dispute.

Private Insurance Funds: With regard to services required to provide FAPE to an eligible student under this part, Education may access a parent's private insurance only if the parent provides informed consent consistent with federal regulations pursuant to IDEA 2004. Each time Education proposes to access the parent's private insurance, it must:

1.    Obtain written parental consent; and
2.    Inform the parent that their refusal to permit the school district to access the private insurance does not relieve the school district of its responsibility to ensure that all required services are provided at no cost.

Public Insurance Funds: Education may use the Medicaid or other public insurance benefits programs in which a student participates to provide or pay for services required. With regard to services required to provide FAPE to an eligible student under this part, Education may not:

1.    Require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under IDEA regulations;
2.    Require parents to incur an out-of-pocket expense, such as the payment of a deductible or co-pay included in filing a claim for services provided pursuant to this part, but may pay the cost that the parent otherwise would be required to pay; and
3.    Use a student's benefits under a public benefits or insurance program if that use would (a) decrease available lifetime coverage or any other insured benefit; (b) result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school; (c) increase premiums or lead to the discontinuation of benefits or insurance; or (d) risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.

To access a student's public insurance (e.g., Medicaid reimbursement), the school district must obtain and maintain documentation of parent/adult student consent specifying the records to be disclosed, the services to be provided, and the extent, frequency, and duration of the services. The school district must also obtain parent/adult student consent if billable services (i.e., type, amount and/or duration) are revised at any time. The parents must be informed that their refusal to consent to the release of information does not relieve the school district of its responsibility to ensure that all services are provided at no cost to the parents.

If Education is unable to obtain parental consent to use the parent's private insurance, or public benefits or insurance when the parents would incur a cost for a service specified on their child's IEP, the school district may use Part B funds to pay for services to ensure FAPE. To avoid a financial cost to parents who otherwise would consent to use private insurance or public benefits or insurance if the parent would incur a cost, the school district may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parents' benefits insurance (e.g., the deductible or co-pay amounts).

Proceeds from public or private insurance will not be treated as program income as pursuant to 34 CFR 580.25(2). If a school district spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds will not be considered "State or local" funds for purposes of the maintenance of effort provisions of Part B of IDEA 2004.

FINANCIAL RESPONSIBILITY OF REHABILITATION

Rehabilitation may be responsible for services that occur outside of the school environment that are vocationally oriented and are specifically intended to prepare students with disabilities to transition into postsecondary training or work, including pre-employment transition services, in accordance with the CSNA. Rehabilitation is not otherwise responsible for payment of any service that has not been directly agreed to during the development of a student's IEP and is not included as a service on a student's IPE for Rehabilitation services. Rehabilitation is not responsible for career development activities that are part of a School to Work initiative within the school system. The responsibility for implementing the requirements of Department of Education Policy 2510 remains with the school system.

The transference to the student of assistive technology devices that have been purchased by an LEA will occur consistent with the surplus equipment policies and regulations in existence within each LEA. After the student has exited the school system, Rehabilitation may reimburse the LEA at a rate in accordance with the surplus equipment policy, dependent upon the student's continued need or desire for the equipment, the condition of the equipment, and its future usefulness.