Narrative: d. 2. C.

DDS/RSA transfers funds to DCPS to allow DCPS to hire and/or employ up to three Workforce Development Coordinators with training in secondary special education and/or transition. DDS/RSA transfers funds to DCPS to allow it to hire and/or employ up to one (1) Job Placement Specialist with job placement training and/or experience to facilitate paid work experiences for students with disabilities who want to work. DDS/RSA will maintain administrative control of the Workforce Development Coordinator and Job Placement Specialist positions and the funding that supports them. This includesestablishing the roles, responsibilities, and requirements for the Workforce Development Coordinators and Job Placement Specialist positions.  These criteria include, but are not limited to, a description of duties, minimum qualifications required for the position, and opportunity for the applicant to provide examples of specialized experience pertinent to the position. DDS/RSA will work collaboratively with DCPS to hire these positions and set the educational standards for each role. 

DDS/RSA will collaborate with DCPS to execute six (6) site visits annually to verify that staff funded through DDS/RSA are delivering the required activities for Pre-ETS and job placements. If DCPS is found to be out of compliance with the expectations outlined in the MOU for staff, written notification will be delivered to the DCPS POC within five (5) business days with a proposed action within the notification.

Through DCRSA’s personnel system of record (PeopleSoft), DDS/RSA shall track and verify the approved time for Workforce Development Coordinators and Job Placement Specialists spend providing the services pursuant to this agreement and the job tasks/duties set forth in their respective job descriptions. Additionally, DCPS shall grant admittance to the DDS Quality and Performance Management Team at its administrative and program service locations to facilitate completion of quarterly announced and unannounced monitoring activities that support collection of information and reporting of findings regarding:

• DCPS’ achievement of standards outlined within the MOU for delivery of Pre-Employment Transition Services and job placements;
• DCPS’ overall program effectiveness and efficiency of delivery of Pre-Employment Transition Services and job placements; and
• Consumer satisfaction survey results of the DCPS’ service delivery.
   

DCPS shall employ three (3) Workforce Development Coordinators with funding provided by DDS/RSA through this MOU. Such staff will provide the following functions:

• Develop community partnerships with private businesses and government agencies that could serve as internship, job sampling and paid employment opportunities for students.
• Monitor students’ progress in any work-based learning experience arranged through the Workforce Development Coordinator.
• Provide counseling to students and their families on opportunities for enrollment in comprehensive vocational training programs or post-secondary educational programs at institutions of higher education.
• Provide workplace readiness training to develop self-advocacy skills and independent living.
• Work with teachers to align students’ transition goals to situational job sampling activities and assisting teachers with finding situational job sampling opportunities for students.
• Coordinate among DDS/RSA VR Specialists and the school’s IEP team to align IEP transition goals with Individualized Plan for Employment (IPE) employment goals.
• Review individual student IEP transition plans for the incorporation of Pre-ETS required activities.

DCPS shall provide work readiness training sessions to DCPS students with disabilities.  The DCPS Program Development Manager shall work with the DDS/RSA Supervisory VR Specialists and the DDS/RSA Transition Project Manager to develop monthly Pre-ETS training sessions to be led by both DDS/RSA VR Specialists and the DCPS Workforce Development Coordinators funded by DDS/RSA at all ten (10) Comprehensive DCPS schools serving transition age students.

DCPS shall provide work readiness training in the following areas: Communication, Positive Attitudes, Teamwork, Problem Solving, Talking/Writing, Cooperation, Active Listening, Decision Making, Conflict Resolution, Reading Body Language, Empathy, Professionalism, Supporting others, Respect for co-workers, Appropriate Hygiene in the work environment, Appropriate Dress in the work environment, Appropriate Behavior in the work environment, Time Management, Healthy Lifestyle, Using a Cell Phone, Using Transportation, Money Management, Using Technology, Accessing Community Services and Supports, Community Safety, and Civic Responsibility.

DCPS shall employ one (1) Job Placement Specialist funded by DDS/RSA through this MOU. The Job Placement Specialist will work with Workforce Development Coordinators and the DCRSA Employment Coordinator on the following job placement tasks:

• Develop community partnerships with private businesses and government agencies that could serve as internship, job sampling and paid employment opportunities for students.
• Work with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;
• Research data about industries, companies, labor market statistics, and employment trends.
• Transfer research findings into meaningful information that can facilitate the employment of specific individuals who are ready for job placement.
• Provide services to employers such as teaching them the benefits of hiring people with disabilities.
• Perform job analysis to determine job requirements;
• Work with employer supervisors to educate them on how to identify the needs of students who require auxiliary aids, services, or other accommodations while on the job.
• Consult with the personnel or human resource department about hiring practices.
• Review transition plans with student to ensure that it aligns with the employment goal on their IPE, which is supported by the student’s interests and abilities.
• Instruct students in motivational training, job seeking skills, and job retention skills, as well as any other topics beneficial to the student’s needs.
• Form and coordinate effective advisory groups to support students in the program.
• Ensure accurate record keeping including student demographics, case files, and referrals.
• Maintain an active employer contact database.
• Match employer needs to student skills and vice-versa.
• Maximize job retention by providing follow-up services (not to include job coaching) at 30, 60, and 90 days, unless otherwise specified.
• Maximize the number of students who achieve competitive integrated full-time employment.
• Maximize the number of students who achieve competitive integrated part-time employment.
• Maximize wages for those placed in competitive integrated employment.
• Attend and participate in meetings, staff development sessions and in-service training as assigned.
   

Workforce Development Coordinators and the Job Placement Specialist will attribute 100% of their time to the provision Pre-ETS required activities.  All tasks and duties performed by the Workforce Development Coordinators and Job Placement Specialist will represent, or be in direct support of, Pre-ETS.

DCPS shall not assign the Workforce Development Coordinators and Job Placement Specialist tasks or duties that are not, or are not in direct support of, Pre-ETS required activities. If DCPS and DDS/RSA agree that all eligible students have received the required activities, then staff members can devote their work to the nine authorized activities.

Workforce Development Coordinators and Job Placement Specialist Pre-ETS tasks or duties shall include the activities listed in section 113(b) and section 113(c)(1)(3)(9) of the Workforce Innovation and Opportunity Act (WIOA) of 2014, and the coordination of transition activities as defined by IDEA.

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.  Employers can apply for and receive certificates from Department of Labor & Industry that allow them to pay a slightly lower-than-minimum wage. They can get these certificates only for specific employees who fall into categories of "student learners," "handicapped workers," "adult learners," and "student workers."  All states have rules regarding the employment of young workers. In addition, some states have separate minimum wage requirements. When federal and state rules are different, the rules that provide the most protection will apply. The Federal Fair Labor Standards act defines special minimum wage rates applicable to certain types of workers. State law also allows a lower minimum wage for 14- and 15-year-olds.  If you are younger than 20 and eligible for the minimum wage, your employer may pay you as little as $4.25 per hour for the first 90 consecutive calendar days of your employment.  You may be paid under the District of Columbia minimum wage if you fit into one of the following categories:

• District of Columbia “Under 20” Minimum Wage - $4.25 - Federal law allows any employer in District of Columbia to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.
• District of Columbia “Student” Minimum Wage - $11.90 - Full-time high school or college students who work part-time may be paid 85% of the District of Columbia minimum wage (as little as $11.90 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).
• Maryland “Student” Minimum Wage - $9.35 - Full-time high school or college students who work part-time may be paid 85% of the Maryland minimum wage (as little as $9.35 per hour) for up to 20 hours of work per week at certain employers (such as work-study programs at universities).

https://www.youthrules.gov/know-the-limits/16-17.htm

https://www.minimum-wage.org/district-of-columbia

A “Training Wage” is 80% of the adult minimum wage.  For SY19-20, the DC state minimum wage is $14/hr, so the DC training wage is $11.20/hour.  (We currently pay students $10.50/hr).  The students in our internship / work-based learning programs are employees of NAI Personnel, Inc which is a company based out of Maryland.  MD state minimum wage is $11/hr ($13/hr for Montgomery County).  Legally, NAI must pay youth at least $9.35/hr for minimum wage, or $8.80/hr for training wages. 

Under the Workforce Innovation & Opportunity Act (WIOA), work-based learning experiences (WBLEs) are a type of pre-employment transition service (Pre-ETS) used to prepare students with disabilities for post-secondary employment, education, and training.  WBLEs combine workplace readiness skills training and career & technical education (CTE) curriculum together, to prepare students for competitive, integrated employment.  DDS/RSA provides both paid and unpaid WBLEs for eligible and/or potentially eligible students with disabilities.  DDS/RSA uses funding from the Department of Education to provide “training wages” for students engaging in WBLE programs.  Training wages must be at least 80% of the adult minimum wage.  While the federal minimum wage is $7.25/hour, DDS/RSA attempts to prepare students for competitive, integrated employment by paying youth wages at $10.50/hr.  DDS/RSA also funds wages for adult students (ages 18-22) participating in a Supported Employment (SE) Project SEARCH Program.  These students are paid wages at $14.00/hr, in adherence to DC minimum wage.  Students ages 14-22 are able to work up to 20 hours per week for during their paid internship.  Effective July 1, 2020, DC minimum wage will increase to $15/hr, and DDS/RSA will increase the training wages for students participating in paid WBLEs to $12.75/hr.

Recommendation: After July 1, 2020 we up the payroll wages to $12.75/hr for youth, to represent 85% of DC minimum wage ($15/hr).  Since we were already considering a wage increase we can align it to the adult minimum wage…

All public charter schools have been presented with a draft MOA for school year 19/20. The following responsibilities are identified in those MOAs and are consistent across the public charter school sector.

1. Responsibilities of DDS/RSA.
   1. DDS/RSA has responsibility for providing eligibility determination, vocational counseling, and job placement services to individuals with disabilities at no cost to local education agencies. The VR Specialist, in conformance with financial and age guidelines, makes eligibility determinations based on the following criteria:

1. The presence of an impairment with resulting functional limitations in major life activities;
2. The limitations from the impairment constitute a substantial impediment to employment;
3. The individual requires vocational rehabilitation services to prepare to enter, engage in, retain or advance in gainful employment; and
4. That the individual can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
    
   1. DDS/RSA may provide eligible individuals with disabilities the following services as defined in 34 CFR § 361.48 (b), State Vocational Rehabilitation Services Program:

1. Assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with § 361.42.
2. Assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with § 361.45.
3. Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice in accordance with § 361.52.
4. Referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce development system, in accordance with §§ 361.23, 361.24, and 361.37, and to advise those individuals about client assistance programs established under 34 CFR part 370.
5. In accordance with the definition in § 361.5(c)(39), physical and mental restoration services, to the extent that financial support is not readily available from a source other than the designated State unit (such as through health insurance or a comparable service or benefit as defined in § 361.5(c)(10)).
6. Vocational and other training services, including personal and vocational adjustment training, advanced training in, but not limited to, a field of science, technology, engineering, mathematics (including computer science), medicine, law, or business; books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing or any other postsecondary education institution) may be paid for with funds under this part unless maximum efforts have been made by the State unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training.
7. Maintenance, in accordance with the definition of that term in § 361.5(c)(34).
8. Transportation in connection with the provision of any vocational rehabilitation service and in accordance with the definition of that term in § 361.5(c)(57).
9. Vocational rehabilitation services to family members, as defined in § 361.5(c)(23), of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome.
10. Interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing, and tactile interpreting services for individuals who are deaf-blind, provided by qualified personnel.
11. Reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind.
12. Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.
13. Supported employment services in accordance with the definition of that term in § 361.5(c)(54).
14. Personal assistance services in accordance with the definition of that term in § 361.5(c)(39).
15. Post-employment services in accordance with the definition of that term in § 361.5(c)(42).
16. Occupational licenses, tools, equipment, initial stocks, and supplies.
17. Rehabilitation technology in accordance with the definition of that term in § 361.5(c)(45), including vehicular modification, telecommunications, sensory, and other technological aids and devices.
18. Transition services for students and youth with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services for students.
19. Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce development system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome.
20. Customized employment in accordance with the definition of that term in § 361.5(c)(11).
21. Other goods and services determined necessary for the individual with a disability to achieve an employment outcome.
     
    1. DDS/RSA will participate in a minimum of one parent-teacher conference and/or transition workshop for students and parents at PCS.
        
    2. DDS/RSA will assign a VR Specialist to the public charter school whom will be responsible for identifying the potentially eligible students who are in need of transition services and/or Pre-Employment Transition Services, providing information about DDS/RSA’s services to school staff and potentially eligible students and their families, including a description of the purpose of the VR program, scope of services, eligibility requirements, and application procedures, and for accepting application referrals from the identified school personnel. The VR Specialist will be responsible for determining eligibility, developing IPEs, and coordinating the services for potentially eligible students at the public charter school.  Eligibility determination will occur within 60 days of an application being received by RSA, barring any extraordinary circumstances.  An IPE will be developed within 90 days of a student being determined eligible.  The coordination of services will begin when the IPE has been approved and signed by all required parties.
        
    3. DDS/RSA will accept, track, and document all completed applications for DDS/RSA services.  Applications will be entered into DDS/RSA’s electronic case management system, “System 7.” Both the student/parent and school will be contacted within five (5) business days of receipt of the application to provide notification of eligibility determination status. The VR Specialist will work with the school liaison to schedule an intake interview at the student’s school.  DDS/RSA will coordinate with Summer Ellis, Associate Principal, to schedule all intake appointments at the school.  If initial contact efforts are unsuccessful, DDS/RSA will work with Traci Branch, Director of Student Support, to follow up with the student/parent. 
        
    4. DDS/RSA will facilitate access to transition opportunities during or after high school such as ProjectSEARCH, internships, trial work experiences, jobs, and career planning and training.
        
    5. DDS/RSA will begin working with all eligible and potentially eligible students by the time they reach 14 years of age.
        
    6. The intake interview, conducted at the school, will provide an overview of the Vocational Rehabilitation Program and determine if sufficient information has been provided to DDS/RSA to make an eligibility determination.
    7. A DDS/RSA VR Specialist, with the consent of the adult student or the parent / guardian if the student is under age 18, will attend the student’s IEP team meeting when invited to discuss the student’s Transition Plan. 
        
    8. A DDS/RSA VR Specialist will be available at the schoolmonthly on the agreed upon standing dateofevery month to conduct scheduled intake interviews, meet with students to complete a comprehensive assessment, be available to provide guidance and counseling to students who have been found eligible for services, provide job readiness workshops for potentially eligible students, attend IEP meetings when invited, meet with appropriate staff to discuss progress of client’s IPE development and progress toward achievement of goals identified in their transition plans.
        
    9. DDS/RSA will provide, in compliance with federal and state laws, comprehensive vocational rehabilitation services to students determined eligible for VR services.  Comprehensive services include all VR services (including transition services) that are necessary to achieve an employment outcome, as indicated in an IPE agreed to by the eligible student and a qualified VR Specialist employed by DDS/RSA.
        
       B.  Responsibilities of the DC Public Charter School:

1. The public charter school will identify a school staff person who will be responsible for coordinating with the assigned VR Specialist.

1. The public charter school will provide private space for the VR Specialist to meet with students, and if available, access to office equipment, computer for student use, access to Wi-Fi or internet, and access to a printer and copier.

1. Assigned school staff will identify students who are potentially eligible for DDS/RSA services.  (Students with an IEP or 504 plan, or students with a documented disability). 

1. The public charter school will invite the VR Specialist to the IEP meeting when there is a need to provide input on the alignment of the IPE employment goal and IEP Transition Plan.  IEP meeting invitations will be extended to VR specialist in writing at least 10 business days prior to the meeting date. 

Sec. 511 Statement: Under the Workforce Innovation & Opportunity Act (WIOA), work-based learning experiences (WBLEs) are a type of pre-employment transition service (Pre-ETS) used to prepare students with disabilities for post-secondary employment, education, and training.  WBLEs combine workplace readiness skills training and career & technical education (CTE) curriculum together, to prepare students for competitive, integrated employment.  DDS/RSA provides both paid and unpaid WBLEs for eligible and/or potentially eligible students with disabilities.  DDS/RSA uses funding from the Department of Education to provide “training wages” for students engaging in WBLE programs. Training wages must be at least 80% of the adult minimum wage. While the federal minimum wage is $7.25/hour, DDS/RSA attempts to prepare students for competitive, integrated employment by paying youth wages at $10.50/hr. DDS/RSA also funds wages for adult students (ages 18-22) participating in a Project SEARCH Program. These students are paid wages at $14.00/hr, in adherence to DC minimum wage. Students ages 14-22 can work up to 20 hours per week for during their paid internship.  Effective July 1, 2020, DC minimum wage will increase to $15/hr, and DDS/RSA will increase the training wages for students participating in paid WBLEs to $12.75/hr.

 DCRSA will provide the coordination necessary to satisfy documentation requirements set forth in 34 CFR part 397 with regard to students and youth with disabilities who are seeking subminimum wage employment; and assure that neither the State educational agency nor the local educational agency will enter into a contract or other arrangement with an entity, as defined in 34 CFR 397.5(d), for the purpose of operating a program under which a youth with a disability is engaged in work compensated at a subminimum wage.