Section 701.395 - Learning Disabilities: Screening, Assessment, Sanction Relief and ExtensionsWhen an EDP is created or revised, except when the revision is related only to providing support services, when eligibility reviews are conducted and when transition plans or extension agreements are developed, clients 16 years of age or older shall be given the opportunity for a free screening for learning disabilities. This opportunity should be made either orally or in writing. Individuals who are not ESP participants may also participate in a screening. Participation in the screening and assessment process is strictly voluntary.
(A) If the screening shows that the individual has a potential learning disability and the individual wishes to, or is required to, participate in an Employment Services Program (ESP) component, the Department will offer the individual an opportunity for an assessment. If this offer is accepted, the individual will be referred to the appropriate provider. An individual who does not wish to participate in an ESP program and wishes an assessment must be referred to the Massachusetts Rehabilitation Commission (MRC).(B) While waiting for the completion of the assessment, DTA will help clients participate in their current activity or in starting a new ESP activity.(C)(1) If a client is sanctioned (or is notified of the Department's intention to sanction) for failure to comply with an EDP or the work requirement regarding participation in an ESP activity and the client: (a) claims that his or her learning disability caused the failure;(b) participates in the screening and a potential learning disability is indicated; and(c) agrees to participate in and complete a learning disability assessment, the sanction will not occur while waiting for the assessment outcome. The Department will notify the client of this action in writing. If the individual is determined to have a learning disability that requires a reasonable accommodation to participate in ESP, the pending sanction will be removed.(2) If any of the conditions of 106 CMR 701.395(C)(1) are not met or:(a) the individual does not cooperate with the assessment process;(b) the individual refuses to participate in an ESP program when effective accommodations are possible and have or will be made;(c) the assessment results find that there is no learning disability or one that requires accommodation in the above ESP program; then the sanction can occur subject to DTA appeal rights as described in 106 CMR 343.000: Fair Hearing Rules.(3) If effective accommodations for the sanctioned individual (or an individual who has received a notice of DTA's intent to sanction) can be implemented, DTA may require the individual to work with his or her current program or start a new program prior to the completion of the assessment process. The Department will take into consideration the client's placement preference and whether the new placement provides similar services that the participant had previously selected.(D) If a client who has a learning disability has received an extension under 106 CMR 703.130: TAFDC Extension of Benefits Beyond the 24-month Period to complete an education or training program in which he or she is enrolled prior to reaching the time limit, the client may ask for and get an additional extensions if he or she needs more time to complete the program because of a learning disability under the ADA accommodation process.(E) Program participants will be informed orally and in writing that if they provide DTA with documents that show a diagnosis of a learning disability, and that provide adequate information to determine appropriate reasonable accommodations, DTA will accept these documents as a basis for determining whether they are entitled to ADA reasonable accommodations and/or modification to DTA policies, practices and procedures. If the Department determines that the documents do not establish the diagnosis of a learning disability or do not provide information to determine appropriate reasonable accommodations, the Department will offer the client the opportunity to participate in the screening and assessment process.
Amended by Mass Register Issue 1310, eff. 4/8/2016.Amended by Mass Register Issue 1360, eff. 3/9/2018.