D.C. Mun. Regs. tit. 29, r. 29-113

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 29-113 - SCOPE OF VOCATIONAL REHABILITATION SERVICES FOR PERSONS WITH DISABILITIES

113.1

The Rehabilitation Services Administration shall, in collaboration with the local educational agencies, provide, or arrange for the provision of, pre-employment transition services for all students with disabilities as defined in section 199, in need of such services, without regard to the type of disability, from Federal funds reserved in accordance with 34 C.F.R. § 361.65 and any funds made available from state, local, or private funding sources. Funds reserved and made available may be used for the required, authorized, and pre-employment transition coordination activities under paragraphs (b), (c), and (d) of this subsection.

(a) Pre-employment transition services must be made available District-wide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services.

(b) The Rehabilitation Services Administration shall provide the following required pre-employment transition services:

(1) Job exploration counseling;

(2) Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment in the community to the maximum extent possible;

(3) Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;

(4) Workplace readiness training to develop social skills and independent living; and

(5) Instruction in self-advocacy (including instruction in person centered planning), which may include peer mentoring (including peer mentoring from persons with disabilities working in competitive employment).

(c) Funds available and remaining after the provision of the required activities described in subsection 113.1(b) may be used to improve the transition of students with disabilities from school to postsecondary education or an employment outcome by:

(1) Implementing effective strategies to increase the likelihood of independent living and inclusion to communities and competitive integrated employment;

(2) Developing and improving strategies for persons with disabilities and persons with significant disabilities to live independently; participate in postsecondary education experiences; and obtain, advance in, and retain competitive integrated employment;

(3) Providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;

(4) Disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;

(5) Coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.);

(6) Applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;

(7) Developing model transition demonstration projects;

(8) Establishing or supporting multistate or regional partnerships involving States, local educational agencies, Designated State Units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and

(9) Disseminating information and strategies to improve the transition to postsecondary activities of people who are members of traditionally unserved and underserved populations.

(d) The Rehabilitation Services Administration shall carry out responsibilities for coordination activities consisting of the following:

(1) Attending individualized education program meetings for students with disabilities, when invited;

(2) Working with the local workforce development boards, one-stop centers, Department of Employment Services - Office of Youth Programs, 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;

(3) Working with schools, including those carrying out activities under Section 614(d) of the IDEA, to coordinate and ensure the provision of pre-employment transition services under this section; and

(4) When invited, attending person-centered planning meetings for persons receiving services under Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.).

113.2

The Rehabilitation Services Administration shall ensure, consistent with the vocational rehabilitation needs of each person and consistent with each person's informed choice, that the following vocational rehabilitation services are available to assist the person with a disability in preparing for, securing, retaining, advancing in, or regaining an employment outcome that is consistent with the person's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice:

(a) An assessment for determining eligibility for services by a qualified professional, including, if appropriate, an assessment by a professional skilled in rehabilitation technology, in accordance with section 103;

(b) An assessment for determining vocational rehabilitation needs by a qualified vocational rehabilitation counselor employed by the Rehabilitation Services Administration. If necessary, additional evaluations may be performed to inform the assessment conducted by the vocational rehabilitation counselor, including, if appropriate, an assessment by a professional skilled in rehabilitation technology, in accordance with section 110;

(c) Vocational rehabilitation counseling and guidance, including information and support services to assist a person in exercising informed choice;

(d) Referral and other services necessary to assist applicants and eligible persons to secure needed services from other agencies, including other components of the statewide workforce investment system, and to advise those persons about the Client Assistance Program;

(e) Physical and mental restoration services;

(f) Vocational and other training services, including personal and vocational adjustment training; post-secondary training, as described in section 122; advanced training in, but not limited to, a field in 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, hospitals, schools of nursing, or any other post-secondary education institution) may be paid for with funds under this part unless maximum efforts have been made by the Rehabilitation Services Administration and the person to secure grant assistance in whole or in part from other sources to pay for that training;

(g) Maintenance, in accordance with the definition of that term in section 199;

(h) Transportation in connection with the provision of any vocational rehabilitation service and in accordance with the definition of that term in section 199;

(i) Vocational rehabilitation services to family members, as defined in section 199, of an applicant or recipient of services if necessary to enable the applicant or recipient of services to achieve an employment outcome;

(j) Interpretation services, including sign language and oral interpreter services, for persons who are deaf or hard of hearing; tactile interpreting services for persons who are deaf-blind provided by qualified personnel; and any other interpretation services consistent with the District's Language Access Act of 2004 (D.C. Official Code §§ 2-1931 et seq.);

(k) Reader services, rehabilitation teaching services, and orientation and mobility services for persons who are blind;

(l) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

(m) Supported employment services in accordance with the definition of that term in section 199;

(n) Personal assistance services in accordance with the definition of that term in section 199;

(o) Post-employment services in accordance with the definition of that term in section 199;

(p) Occupational licenses, tools, equipment, initial stocks, and supplies;

(q) Rehabilitation technology in accordance with the definition of that term in section 199, including vehicular modification, telecommunications, sensory, and other technological aids and devices;

(r) 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 preemployment transition services for students;

(s) 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 investment system, to eligible persons who are pursuing self-employment, telecommuting, or establishing a small business operation as an employment outcome;

(t) Customized employment in accordance with the definition of that term in section 199; and

(u) Other goods and services determined to be necessary for the person with a disability to achieve an employment outcome.

D.C. Mun. Regs. tit. 29, r. 29-113

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); Final Rulemaking published at 68 DCR 12929 (12/10/2021)