Oregon Vocational Rehabilitation Policy Manual
Revised 7/24/2024
Table of Contents
Introduction ........................................................................... 1
Intended use: ............................................................................................ 1
Youth Considerations: ........................................................................... 1
Policy adoption process: ........................................................................ 2
Foundations of the Vocational Rehabilitation Program: ... 6
Guiding principles of Vocational Rehabilitation: .................................... 6
Ethics: ........................................................................................................ 6
Rehabilitation counselor values and principles: .................................... 7
Mandatory reporting: ................................................................................ 8
Equity, diversity, and inclusion: ........................................ 10
Federal legislation: ................................................................................. 10
The Americans with Disabilities Act (ADA) .......................................... 10
The Rehabilitation Act of 1973:............................................................ 10
Section 188 of WIOA: .......................................................................... 11
Non-discrimination
policy:
...................................................................... 11
Advancing service equity:...................................................................... 11
Providing necessary accommodation to access services: ................. 12
Language access: ................................................................................... 12
Names and pronouns preferences: ....................................................... 13
Participant rights: ............................................................... 13
Appropriate modes of communication: ................................................ 14
Informed choice: ..................................................................................... 14
Dispute resolution rights: ...................................................................... 14
Client Assistance Program (CAP): ........................................................ 15
Client representatives: ........................................................................... 15
Roles and responsibilities: ................................................ 15
Participant responsibilities: ................................................................... 15
Participant expectations: ..................................................................... 16
Prohibited conduct: .............................................................................. 17
Counselor responsibilities: .................................................................... 19
Secure appropriate evaluative data for eligibility decisions: ................. 19
Make eligibility determinations consistent with file documentation: ...... 19
Agree to an employment outcome consistent with the participant’s
strengths, resources, priorities, concerns, abilities, capabilities, and
interests: .............................................................................................. 20
Develop and implement the IPE consistent with the vocational goal,
providing evidence of informed choice in plan development and
services, as appropriate: ..................................................................... 21
Provide follow-up services to ensure timely participant movement
through plan services: ......................................................................... 23
Develop, implement, and monitor placement services to ensure that
participants are being provided timely planned services to achieve
employment outcome: ......................................................................... 23
Case closure: ...................................................................................... 24
Exercise fiscal responsibility: ............................................................... 25
Prepare case file documentation consistent with federal, state and
program guidelines: ............................................................................. 25
Using electronic signatures: ................................................................ 25
Advocate responsibilities: ..................................................................... 26
Program expectation for advocates: .................................................... 27
Confidentiality and use of participant’s information: ...... 28
Use of participant information: .............................................................. 29
Minimum necessary standard: ............................................................... 29
Information harmful to the participant: .................................................. 30
Re-disclosure of participant files: ......................................................... 31
Re-disclosure allowed ......................................................................... 31
Re-disclosure limitations ...................................................................... 31
Participant rights and program responsibility for their data: .............. 32
Participant right to review and/or amend records: ................................. 34
Procedures - release of information: ..................................................... 35
Release of information – specific purposes: ........................................ 37
Job development vendor contract coverage: ....................................... 37
Administration of the program:............................................................. 37
Mental health and psychiatric records - additional considerations: ...... 38
Release for audit, evaluation, and research: ....................................... 39
Release in response to investigation or judicial authority: .................... 39
Subpoenas: ......................................................................................... 40
Information regarding criminal activity or dangerous situations: ........... 41
Disability determination or social security evaluations record
requests: ................................................................................................. 42
Procedures for Disability Determination Services (DDS) requests: ...... 42
Procedures for a Social Security Administration request: .................... 43
Informed choice: ................................................................. 44
Informed choice requirements: ............................................................. 45
Information on services and providers shall include:.......................... 46
Youth consideration and informed choice: ........................................... 46
Qualified Personnel: ........................................................... 47
Qualified personnel determine eligibility: ............................................. 47
Oregon requirements for vocational rehabilitation counselors: ............ 48
Requirements to determine physical or mental impairments: ............... 49
Requirements to determine disability related barriers to employment: . 50
Qualified personnel to determine intellectual or developmental
disabilities (I/DD): ................................................................................ 50
Qualified Personnel to determine mental health or psychological
disabilities: ........................................................................................... 51
Qualified personnel to determine physical disabilities: ......................... 52
Qualified personnel to determine traumatic brain injuries (TBI): .......... 52
Qualified personnel to determine learning disabilities or disorders: ..... 53
Stages of Vocational Rehabilitation: ................................. 55
Initial contact and referral: ..................................................................... 55
Source of referrals: .............................................................................. 55
Outreach: ............................................................................................ 56
Initial contact: ...................................................................................... 56
Scheduling orientations: ........................................................................ 58
Youth consideration for orientations: ................................................... 58
Application: ............................................................................................. 59
Application process: ............................................................................ 59
Required forms: ................................................................................... 59
Expectations of the applicant during the application process: .............. 60
Factors that constitute an application for services: .............................. 60
Youth consideration in the application process: ................................... 61
Requirement to obtain a client’s social security number: ................... 62
Helping the individual obtain a Social Security Number: ...................... 62
Verify individual’s SSN and initiate ORCA file: ..................................... 63
Procedures to initiate services without a verifiable SSN: ..................... 64
Guardianship: ......................................................................................... 65
Participants under the age of 18: ......................................................... 66
Participants over the age of 18 under guardianship: ............................ 66
Emancipated youth under the age of 18: ............................................. 68
Supported Decision-Making (SDM): .................................................... 68
Impact of supported decision making for VR: ...................................... 68
Eligibility determination: ........................................................................ 69
Eligibility criteria: .................................................................................. 70
Eligibility criteria for clients applying to advance in employment: ......... 70
Presumption of eligibility for social security recipients and beneficiaries:
............................................................................................................ 71
Presumed eligible status: .................................................................... 71
Verifying the client’s presumptive eligibility status: .............................. 72
Procedures for verifying client social security benefits (SSI/SSDI): ..... 73
Blind and visual impairment: ................................................................ 74
Eligibility timelines: .............................................................................. 78
Eligibility extensions: ........................................................................... 79
First eligibility criterion: presence of an impairment: ............................ 79
Second eligibility criterion: substantial impediment to employment: ..... 83
Third eligibility criterion: requires VR services: .................................... 86
Primary and Secondary impairments or disabilities: ............................ 87
Establishing the level of significance: .................................................. 88
Assessment for Individualized Plan for Employment (IPE)
development: .......................................................................................... 92
Use of existing records: ....................................................................... 92
Requesting records or assessments: .................................................. 93
IPE development and the initial assessment: ...................................... 93
Community-Based Work Assessments (CBWA): ................................. 96
Workers Compensation Coverage (SAIF): .......................................... 96
Required assessments: ....................................................................... 97
Labor market and career information: .................................................. 97
Working conditions: ........................................................................... 100
Current and projected openings: ....................................................... 100
Individual employment factors: .......................................................... 101
Other factors that may impact the choice of an employment goal: ..... 101
Impact of criminal history on employment outcome: .......................... 101
Criminal history checks for clients: .................................................... 102
Evaluating and documenting criminal history results: ........................ 103
Considerations for employment in marijuana and hemp industries: ... 104
Eligibility to work in the United States: ............................................... 105
Expenditures allowed while determining eligibility to work in the United
States: ............................................................................................... 109
Plan development extensions while determining eligibility to work in the
United States: .................................................................................... 109
No authority to legally work in the United States: ............................... 110
Financial Needs Test (FNT): ................................................................. 110
Participants exempt from client financial contribution requirements: .. 111
Services exempt from client financial participation: ........................... 112
Determining individual financial contribution with the financial needs
test: ................................................................................................... 113
Financial Needs Test (FNT) extenuating circumstances: ................... 115
Least cost considerations: ................................................................. 116
Individualized Plan for Employment: .................................................. 117
Individualized plan for employment (IPE) process: ............................ 118
Timelines for developing the IPE: ...................................................... 120
Extension of time for IPE development: ............................................. 120
IPE development extensions when unable to contact the client: ........ 122
Youth considerations - IPE requirements for transition-age students: 122
Content of the individualized plan for employment (IPE): .................. 123
Describe the participant responsibilities towards the cost of the plan and
securing comparable benefits: ........................................................... 131
Plan follow-up: ................................................................................... 133
Annual reviews: ................................................................................. 134
Plan amendments: ............................................................................ 135
Plan revisions: ................................................................................... 137
Employment definitions and classifications: ..................................... 138
Definitions of Work Classifications: .................................................... 140
Case closure: ........................................................................................ 142
Reasons for closures: ........................................................................ 143
Closing a file successfully as rehabilitated: ........................................ 143
Procedures for closing successful cases: .......................................... 144
Self-employment and successful closure (Currently in Revision) ....... 149
Additional requirements for supported employment closures: ............ 149
Unsuccessful closures (closure other than rehabilitated): .................. 152
Vocational Rehabilitation Services: .................................................... 160
Counseling and guidance – the primary role of the VR counselor: .... 161
Substantial counseling and guidance – as an IPE service: ................ 164
Auxiliary aids and services: ............................................................... 166
Acquisition or modification of equipment or devices, and other similar
services and actions: ......................................................................... 167
Home based employment (remote work): .......................................... 168
Job placement: .................................................................................. 168
Maintenance: ..................................................................................... 171
Occupational licenses, tools, and equipment: .................................... 172
Other goods and services: ................................................................. 174
Participant family members: .............................................................. 175
Personal assistance services: ........................................................... 176
Physical and mental restoration services: .......................................... 183
Post-Employment Services (PES): .................................................... 193
Pre-Employment Transition Services: ................................................ 194
Referrals for public assistance and job placement: ............................ 196
Joint plan development:..................................................................... 196
Information sharing: ........................................................................... 196
Services available through comparable benefits: ............................... 196
Referrals offered by the 211 programs: ............................................. 198
Rehabilitation technology and rehabilitation engineering: .................. 200
Requirements of providing rehabilitation technology services: ........... 202
Academic and vocational training: ..................................................... 204
Subcategories of training VR may provide: ........................................ 204
Minimum standards for supporting continuing education or training: . 209
Approval authorization levels ............................................................. 210
Basic requirements for all training options ......................................... 210
Expectations for participants enrolled in a VR funded academic or
vocational training: ............................................................................ 211
Contact requirements for participants enrolled in training programs: . 213
Financial aid and comparable benefits: ............................................. 214
VR financial aid report: ...................................................................... 214
Allowable academic and vocational training costs: ............................ 215
Disallowed training services: ............................................................. 216
Accommodations: .............................................................................. 217
Required data elements for training: .................................................. 217
Transportation services: .................................................................... 224
Mileage reimbursement: .................................................................... 225
Vehicle modification and purchase: .................................................... 229
Process for purchase of vehicle: ........................................................ 229
Process for vehicle modification: ....................................................... 239
Oregon Forward Contracts (Formerly Qualified Rehabilitation
Facilities or QRFs): ............................................................................... 247
Oregon Forward purpose and eligibility: ............................................ 247
Self-employment (in revision): ............................................................. 250
Deaf and Hard of Hearing: .................................................................... 251
Services to persons who are Deaf and Hard of Hearing: ................... 251
Considerations when serving Native American clients: .................... 267
Contact information for VR Tribal partners: ....................................... 268
Considerations when working with clients that are veterans: .......... 269
Provision of services when working with clients that are veterans: .... 270
Other service considerations for clients who are veterans: ................ 270
Filing for veterans’ benefits: ............................................................... 271
Supported employment for individuals with most significant
disabilities: ............................................................................................ 272
Supported employment: .................................................................... 272
Definitions ......................................................................................... 273
Vocational assessment for clients receiving supported employment: 275
Supported employment individualized plan for employment: ............. 276
Ongoing supported employment services: ......................................... 278
Transition to extended services for supported employment clients: ... 280
Employment outcome-file closure for supported employment clients: 283
Services available through the Office of Developmental Disability
Services (ODDS) ............................................................................... 284
Special consideration for Project SEARCH participants: .................. 285
Steps to identify referrals for Project SEARCH: ................................. 286
Eligibility for Project SEARCH internship: .......................................... 286
Project SEARCH internships: ............................................................ 287
Project SEARCH job coaching requirements: .................................... 287
Authorization for purchase (AFP) procedures for Project SEARCH: .. 288
Track Three Service Qualifications: .................................................... 289
Qualifying for Track Three Services: ................................................. 289
Youth Services: ................................................................. 291
Definitions specific to student and youth with disabilities: .............. 292
Pre-employment transition services (Pre-ETS): ................................. 294
Pre-employment transition services (Pre-ETS) required activities: .... 295
Who can receive pre-employment transition services (Pre-ETS): ...... 298
Pre-ETS Service and Eligibility Requirements: .................................. 298
Pre-employment transition services (Pre-ETS) coordination:............. 298
Frequency of contact for students receiving pre-ETS: ....................... 299
Transition services: ........................................................................... 300
Youth with disabilities no longer in school: ........................................ 303
Contracted services for youth in transition: ........................................ 304
Individualized plan for employment (IPE) for students or youth with
disabilities: ......................................................................................... 306
Employment outcome — youth IPE content: ..................................... 307
Dispute Resolution: .......................................................... 308
Request to review a VR decision: ........................................................ 308
Notice of dispute resolution rights: ..................................................... 309
Notice of Proposed Action (NOPA): ................................................... 309
Dispute resolution options: ................................................................ 314
Client Assistance Program ................................................................ 325
Case file documentation: ..................................................................... 329
Official record of services: ................................................................. 330
Case noting email conversations: ...................................................... 332
Case notes are a public record: ......................................................... 334
Privacy and security issues related to ORCA: ................................... 334
Permitted use of electronic signatures: .............................................. 334
Quality Assurance and Continuous Quality Improvement
............................................................................................ 336
Vendors, purchasing and payments: .............................. 336
Use of qualified vendors: ................................................................... 337
Vendor guidelines: ............................................................................. 338
Considerations for vendor selection: ................................................. 339
Vendors: purchasing and payment: ................................................... 342
Payment review process: .................................................................. 344
Purchasing authority: ......................................................................... 344
Verbal authorization allowances and process: ................................... 344
RSA prior approval of client purchases: ............................................. 345
Prior approval for participant support cost: ........................................ 346
Comparable benefits and services: ................................. 353
Determination of availability for comparable benefits: ........................ 354
Order of Selection: ............................................................ 357
Order of Selection and eligibility: ........................................................ 357
Priority levels under Order of Selection: ............................................ 357
Business Procedure Manual: ........................................... 371
Appendices: ...................................................................... 373
The legislative history of the Vocational Rehabilitation Program: .... 373
Soldiers Rehabilitation Act of 1918 .................................................... 373
Civilian Rehabilitation Act of 1920 ..................................................... 374
The Vocational Rehabilitation Amendments (Barden-LaFollette) Act of
1943 .................................................................................................. 374
The Vocational Rehabilitation Amendments of 1965 ......................... 374
The Rehabilitation Act of 1973........................................................... 375
The Americans with Disability Act (ADA) of 1990 .............................. 375
Workforce Investment Act of 1998 ..................................................... 375
Workforce Innovation and Opportunity Act of 2014 ........................... 376
The VR Ecosystem: .............................................................................. 376
The U.S. Department of Education .................................................... 377
Office of Special Education and Rehabilitative Services (OSERS) .... 377
Rehabilitation Services Administration ............................................... 378
State Vocational Rehabilitation programs .......................................... 380
Oregon Department of Human Services (ODHS) .............................. 380
Oregon Vocational Rehabilitation (VR) .............................................. 381
Oregon VR Administration ................................................................. 381
Statewide Rehabilitation Council ....................................................... 382
Statewide Independent Living Council (SILC).................................... 382
Where does VR policy and guidance come from: .............................. 383
Interpreting regulations: ..................................................................... 383
1
Introduction
Intended use:
The Oregon Vocational Rehabilitation (VR) Policy Manual has been developed to
comply with Federal and State laws, regulations, rules, statutes, and guidance
while allowing for the use of professional judgment and sensitivity in
administering the VR program to meet the individual needs of VR participants.
This manual is intended to help ensure VR participants receive quality service to
assist them in achieving successful competitive integrated employment outcomes
because of their participation in vocational rehabilitation services.
VR staff must be familiar with the policies, procedures, rules, and regulations
outlined in this manual and apply them in all decision making. Please note that
this manual includes links to various sources of information that are intended to
provide additional decision-making support to VR staff.
Youth Considerations:
Throughout this policy manual, the reader will notice “Youth Considerations.”
These call attention to how service provision may differ in Oregon for individuals
aged 14 to 25. Youth services include Pre-ETS, Transition Services, and
Employment Services.
All students with disabilities are youth. But not all youth with disabilities are
students.
• Pre-Employment Transition Services (Pre-ETS) are only for students with
disabilities, aged 14 to 21. Five required services make up Pre-ETS. These
2
services do not directly result in employment. Instead, they raise students’
awareness and preparation to enter the workforce.
o Transition Services for youth or students who have gone through the
VR eligibility process and Pre-ETS to access the full array of
vocational rehabilitation services.
o Youth and students access employment services once they are ready
to enter the workforce and are aligned with VR employment services.
VR services are defined in the “Vocational Rehabilitation services”
section of this manual.
Youth services are VR services, and all VR staff share the responsibility to help
students and youth with disabilities access these services.
For more information on Youth Services, refer to the Youth Services section of
this manual.
Policy adoption process:
Policy may be created or changed for a variety of reasons and with varying
priorities.
Generally, policy amendments in Vocational Rehabilitation take place for one of
these reasons:
• Federal, state, or local rules or law change or via executive order.
• Suggestion by staff or via a Continuous Improvement Sheet submission.
• An impending change in the business process.
• Reinterpretation or clarification of existing guidance.
• Need for change identified through the quality assurance (QA) process.
3
When policy change is required, if the change is considered routine or due to
something other than a federal or state directive, the change and evaluation goes
through a policy change workflow.
VR policy may also occasionally require an immediate change due to a federal or
state directive, legal guidance, or a change of interpretation occurring within
published sub-regulatory guidance.
• When a requirement exists for an immediate change, the policy workflow
process may be abbreviated or amended as necessary.
Policy Change workflow steps:
The policy change workflow occurs in the following order.
Step 1: Any routine change to policy is evaluated internally by the policy team to
determine the impact and feasibility of the change.
• The policy team develops a summary of the change and expected impact
for executive leadership.
Step 2: The policy concept is discussed by the VR executive staff.
• The need for policy change is accepted, denied, or returned to the policy
team for further study.
Step 3: Policy first draft is completed by the policy team and submitted to
executive leadership.
• The first policy draft is presented to executive leadership with a
recommendation to consider adoption or rejection.
4
Step 4: If selected to move forward by executive leadership, policy draft is
shared simultaneously with:
• Branch managers
• Subject matter experts
• Policy advisory committee
Step 5: Following the review period, the policy team reviews feedback and
incorporates changes as appropriate.
Step 6: A second draft of the policy is then created by the policy team for
leadership consideration.
• As appropriate, the second draft of policy is shared with:
• VR Executive Team
• Branch Managers
• Subject Matter Experts
• Policy Advisory Committee
• State Rehabilitation Council Members
Step 7: Once the second review period is completed, the policy is finalized by
the policy team.
• Training for policy is developed in conjunction with the VR training unit.
Step 8: The announcement is prepared for publication in conjunction with VR
Communications Officer.
Step 9: Transmittal is prepared for public facing website.
• Internal Policy Manual is updated and prepared for publication.
5
• External Policy Manual is updated and prepared for publication.
• Announcement and training are provided to all staff as appropriate.
Step 10: Policy is published.
Note: the terms, “participant,” “client” and “individual,” are used interchangeably
throughout this manual.
If you have any questions about VR Policy Manual content, please contact the
VR Policy Team at vr.policy@odhsoha.oregon.gov.
6
Foundations of the Vocational Rehabilitation
Program:
Guiding principles of Vocational Rehabilitation:
Vocational Rehabilitation is “designed to assess, plan, develop, and provide
vocational rehabilitation services for individuals with disabilities, consistent with
their unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice so that they may prepare for and engage in
competitive integrated employment and achieve economic self-sufficiency.” (34
CFR 361.1(b))
VR provides basic counseling and guidance to each participant throughout the
rehabilitation process. The act of counseling and guidance includes providing
information and support services to assist individuals in exercising informed
choice. The counselor facilitates this process through their knowledge of
rehabilitation and the VR process, an understanding of informed choice,
information regarding rehabilitation resources and current labor market trends.
Ethics:
A code of ethics helps define accepted or acceptable behaviors, promotes high
standards of practice, provides a benchmark for self-evaluation, and establishes
a framework for professional behavior and responsibilities.
VR relies on the Commission on Rehabilitation Counselor Certification (CRCC)
Code of Ethics to provide guidance for rehabilitation counselors’ ethical practice
in day‐to‐day operations.
7
Rehabilitation counselor values and principles:
The CRCC Code of Professional Ethics states the following:
CRCs/CCRCs are committed to facilitating the personal,
economic, and social independence of individuals with
disabilities. CRCs/CCRCs recognize diversity and embrace a
culturally relevant and responsive approach to support of the
worth, dignity, potential, and uniqueness of individuals with
disabilities within their social and cultural context and bracket
their personal values and beliefs when working with clients.
The values that serve as a foundation for this Code include a commitment to:
• Ensuring the integrity of all professional relationships.
• Acting to alleviate personal distress and suffering.
• Enhancing the quality of professional knowledge and its application to
increase professional and personal effectiveness.
• Promoting empowerment through self-advocacy and self-determination.
• Respecting and understanding the diversity of human experience and
appreciating culture.
• Emphasizing client strengths versus deficits.
• Serving individuals holistically.
• Advocating for equitable and appropriate provision of services.
These values represent an important way of expressing an ethical commitment
that becomes more precisely defined and action-oriented when expressed as a
principle. The fundamental spirit of caring and respect with which the Code is
written is based upon six principles of ethical behavior:
8
Autonomy: To respect the rights of clients to be self-governing
within their social and cultural framework.
Beneficence: To do good to others; to promote the well-being of
clients.
Fidelity: To be faithful; to keep promises and honor the trust
placed in rehabilitation counselors. This includes
public trust and the correct use of funds.
Justice: To be fair in the treatment of all clients; to provide
appropriate services to all.
Nonmaleficence: To do no harm to others.
Veracity: To be honest.
Mandatory reporting:
All Department of Human Services (ODHS) employees are considered
mandatory reporters. All employees are required to report abuse of children,
adults with mental illness or developmental disabilities, adults with physical
disabilities, the elderly, and individuals in nursing facilities.
ODHS staff having reasonable cause to believe that an individual has suffered
abuse or that any person has abused an individual may disclose protected
information to the proper authority.
9
VR staff shall request assistance from the branch manager if they have any
questions regarding proper reporting protocol.
10
Equity, diversity, and inclusion:
Federal legislation:
There are many pieces of Federal legislation that draw attention to the need for
equity and inclusion. The Americans with Disabilities Act, The Rehabilitation Act
of 1973 and Section 188 of The Workforce Innovation and Opportunity Act
(WIOA) are the most likely pieces of legislation a VR Program will encounter.
The Americans with Disabilities Act (ADA)
The ADA is a civil rights law that prohibits discrimination against individuals with
disabilities in all areas of public life, including jobs, schools, transportation, and
all public and private places that are open to the public.
The purpose of the law is to make sure that people with disabilities have the
same rights and opportunities as everyone else. The ADA gives civil rights
protections to individuals with disabilities like those provided to individuals
because of race, color, sex, national origin, age, and religion.
It guarantees equal opportunity for individuals with disabilities in public
accommodations, employment, transportation, state and local government
services, and telecommunications.
The Rehabilitation Act of 1973:
The Rehab Act prohibits discrimination based on disability in programs
conducted by federal agencies, in programs receiving federal financial
assistance, in federal employment and in the employment practices of federal
contractors.
11
Section 188 of WIOA:
This section of WIOA prohibits discrimination based on race, color, religion, sex,
national origin, age, disability, or political affiliation or belief based on citizenship
status or participation in a WIOA Title I-financially assisted program or activity.
Non-discrimination
policy:
In accordance with Title VI of the Civil Rights Act of 1964, VR does not exclude,
deny benefits, limit participation, or otherwise discriminate against any individual
who is otherwise qualified in the administration of services based on:
• Race
• Color
• Sex
• National Origin
• Age
• Disability
• Religion
Advancing service equity:
In summer of 2020, the VR program committed to establish racial equity in the
program and ensure it is an anti-racist organization. This work coincides with the
Oregon Department of Human Services’ commitment to advance service equity.
In July 2020, the Vocational Rehabilitation Program began conversations with
staff about racial equity. These conversations are ongoing and take place on a
regular basis.
12
Providing necessary accommodation to access services:
It is the VR Program’s responsibility to ensure that any needed accommodations
are provided for all individuals throughout the VR process.
Language access:
Language accommodations and accessibility resources may include:
• Translation and alternate format resources
• OEMS Service Guide for language access
• Zoom – Spoken Language Interpreters
• Zoom – ASL Interpreters
• Zoom – Text Communication Support
• CART and Transcripts
• Tips to Host Accessible Online
• Meetings with Deaf Participants
Use the ODHS Form Server t
o
d
etermine if the required intake documents are
currently available in the person’s preferred language or alternate format. If a
specific translation or alternate format is not available on the ODHS Form Server,
follow the instructions in the Office of Equity and Multicultural Services Language
Access Service Guide for submitting a translation request.
If additional support is needed to set up accommodatio
ns, please contact your
Branch Manager.
13
Names and pronouns preferences:
VR staff must always refer to everyone by the name and the gender-specific
pronoun the individual prefers. If staff members do not know an individual's
pronoun preference, they may ask tactfully and respectfully.
Continued intentional misuse of an individual’s name and pronouns may breach
the individual's privacy, put the individual at risk of harm, and - in some
circumstances-, constitute harassment.
Participant rights:
All individuals have the right to apply for vocational rehabilitation services,
exercise informed choice, use representation, and be informed about their rights
and services.
VR shall treat all persons applying for rehabilitation services with dignity and
respect. All VR participants shall receive reasonable accommodations and
information regarding their rights and responsibilities. VR helps participant
understand their rights.
Participants exercise informed choice to establish goals and select services and
service providers. VR will help participants understand services and the scope of
available assistance.
Participants have the right to representation at any point during services. VR
shall provide participants with adequate notice of dispute resolution and
mediation rights, and extent and limits of confidentiality.
14
Appropriate modes of communication:
Individuals applying for rehabilitation services have the right access to
documents and forms in the clearest and most effective mode of communication
(for example, translator or interpreter services, or an alternate format).
Informed choice:
Individuals participating in rehabilitation services exercise informed choice to
decide vocational goals and select services and service providers.
VR shall provide all individuals applying for rehabilitation services with the ability
to participate in planning and providing their rehabilitation services.
VR shall ensure the individual is a full participant in the decisions made
concerning their vocational rehabilitation.
Dispute resolution rights:
Participants shall have their rights clearly defined and communicated as to how
these rights relate to the rehabilitation process.
VR shall advise each participant, in writing, and at the following times, of the
participant’s rights and the availability of the Client Assistance Program (CAP):
• When the participant applies for services.
• When VR determines if the participant is not eligible for services or does
not meet. the requirements of an open order of selection category.
• When the participant’s plan for employment is prepared or amended.
• When services are denied, terminated, reduced, or suspended.
15
• When a decision to close the case is made.
• At any time during the rehabilitation process when the participant requests
it.
Client Assistance Program (CAP):
VR will inform participants in writing of the availability and purpose of CAP
services whenever participant rights, responsibilities or remedies are discussed.
Client representatives:
All participants may choose to involve family members, advocates, and other
authorized representatives throughout the rehabilitation process. The participant
may choose to select a representative or to request assistance from CAP.
Participant representatives must conduct themselves in a professional and
ethical manner. VR has the authority to maintain order in all interactions with
participants or authorized representatives.
VR or an independent hearing officer shall exclude any representative or witness
from any proceeding if the individual’s continued participation will prevent or
seriously impede progress of the proceeding.
Roles and responsibilities:
Participant responsibilities:
Successful outcomes are only attainable when everyone works together with the
respect and courtesy appropriate for the workplace.
16
Clients are expected to participate and cooperate with the vocational
rehabilitation process in a mutually respectful manner.
Participant expectations:
• Provide information, any required documentation and be available to
complete the assessment process for the determination of eligibility.
• Be on time and keep appointments with VR staff, doctors, service
providers, and others. Call or email in advance, or as soon as possible, if
unable to attend an appointment.
• Cooperate with medical, psychological and recovery professionals to
address their medical and mental health needs.
• Participate in vocational assessment activities such as person-centered
planning, a vocational profile and/or community assessment that give a
detailed portrait of the individual's skills, contributions, labor market
analysis, career exploration and support needs to determine appropriate
employment goals for plan development.
• Participate with the counselor in developing the Individualized Plan for
Employment (IPE), including participating in assessments needed to
determine needs and strengths.
• Review the IPE with the counselor at least once a year to assess progress
and participate in revising the plan when needed.
• Accomplish the benchmarks as identified within the participant’s IPE,
including maintaining regular contact with their counselor as agreed upon in
the participant’s IPE.
• Keep VR informed of changes to contact information or other situations that
may change the participant’s ability to complete the rehabilitation process.
17
• When eligible, apply for and make appropriate use of any comparable
benefits and services.
• Work with VR to obtain or keep employment consistent with the individual’s
strengths, resources, priorities, concerns, abilities, and capabilities.
• Follow through with all job leads that match the agreed upon vocational
goal and meet the participant’s required services as outlined in the IPE.
• Provide at least monthly updates to VR regarding job search progress,
delays, or challenges, and let VR know immediately if anything changes
regarding readiness for job placement services.
Prohibited conduct:
Inappropriate, hostile, or threatening behavior will not be tolerated. Language,
conduct, aggressive or threatening communication not in alignment with what is
reasonably expected in a community workplace setting will result in a meeting
being rescheduled.
Clients who continue to use hostile, threatening or unreasonable language; or
conduct themselves inappropriately, may result in the termination of client
services.
Actions that may restrict access to or termination of program services include but
are not limited to:
• Use of profanity.
• Raised voice or excessively loud speaking.
• Disruptive conduct that interrupts or causes damage to the workspace.
• Use of derogatory or discriminatory slurs.
• Attacking, bullying, intimidating, harassing, or threatening others.
18
Note: This includes excessive, repeated telephone/video calls, emails, texts, or
visitations directed at the VR counselor or VR staff.
• Conduct that may cause VR staff to experience undue stress or concern for
their health or safety.
• Engaging in harassing conduct as defined in ORS 166.065.
• Engaging in telephonic harassment as defined in ORS 166.090.
Additional Training on Participant Expectations:
View procedures and resources on Participant Responsibilities – Behavior
Expectations.
Client rights:
• Participants who believe or observe staff behavior or conduct is
unprofessional are encouraged to participate in the dispute resolution
process. Please contact the VR dispute resolution coordinator.
• Maintaining a Professional Workplace, policy number 50.010.03
• Filing Customer Service or Privacy Complaints or a Report of
Discrimination, ODHS 0170
• Clients are provided with a copy of the VR Dispute Resolution Rights
(ODHS 2872) during application, at eligibility, at plan, when services are
denied, reduced, suspended, or ended, and at closure.
• The individual is encouraged to use this process in situations where they
believe VR staff member, or members have been unprofessional or
inappropriate.
19
References:
ORS 166.065 Harassment
ORS 166.090 Telephonic Harassment
Chapter 407 Division 12; Restricting Access to ODHS Premises and Employees
State HR policy number 50.010.03 Maintaining a Professional Workplace
Counselor responsibilities:
The purpose of this policy is to assure delivery of exceptional rehabilitation
services to eligible individuals, resulting in quality outcomes, efficient and
appropriate use of program resources and compliance with VR policy as well as
state and federal regulations.
Secure appropriate evaluative data for eligibility decisions:
• The counselor’s referral letters clearly outline what assessment data is
necessary.
• The counselor secures sufficient data to make sound eligibility decisions.
• The counselor consistently secures only the data necessary for eligibility,
making maximal use of existing information.
Make eligibility determinations consistent with file
documentation:
• The counselor shall make eligibility determinations promptly when receiving
the application; determining eligibility shall not exceed 60 calendar days
unless circumstances dictate an extension of eligibility determination time.
20
• Eligibility determination extensions should only be used in unforeseen
circumstances beyond the control of the VR Program.
• Clients receiving SSI or SSDI are presumptively eligible for VR services.
• Presumptively eligible clients should be determined “eligible” upon
verification of their SSI/SSDI status and are determined to be significantly
disabled.
• Counselors must still collect sufficient documentation to determine an
individual’s barriers to employment and appropriate disability service level.
• The counselor’s case file documents the analysis of the file data as well as
medical, educational, and psychological records.
• The case file includes a determination by a qualified VR counselor that
substantiates the applicant’s medical or psychological condition(s) that
results in impediments to employment.
• The VR counselor documents the reason they followed or did not follow the
recommendations made by consultants.
• Eligibility determinations are consistent with the legal requirements for
eligibility.
• The case file supports the eligibility determination.
• The counselor clearly conveys the eligibility determination to the individual.
Agree to an employment outcome consistent with the
participant’s strengths, resources, priorities, concerns, abilities,
capabilities, and interests:
• The case file shall reflect the individual’s active participation in choosing the
employment outcome.
21
• The chosen employment outcome shall be consistent with the individual’s
strengths, resources, priorities, concerns, abilities, capabilities, and
interests.
• The chosen employment outcome shall be consistent with current labor
market data.
• The case file shall adequately record the rationale for the employment
outcome.
• The counselor shall build the employment outcome on transferable skills to
the greatest degree possible.
Develop and implement the IPE consistent with the vocational
goal, providing evidence of informed choice in plan development
and services, as appropriate:
• The IPE must be completed as soon as possible, but no later than 90 days
after the individual has been determined eligible for VR services.
• Services provided shall be consistent with the participant’s actual
documented need as addressed in the eligibility determination (in other
words, based on the impediments to employment listed in eligibility).
• The IPE documents the selection of the most appropriate qualified vendor.
• Identify and secure comparable benefits. If benefits are not used, the
counselor shall document an explanation in the file.
• The IPE clearly documents participant and counselor responsibilities,
timeframes and measurable benchmarks reflecting the individual’s
informed choice.
• Both the counselor and client must sign the IPE.
22
• The client should be provided information about the Client Assistance
Program (CAP) at the time the IPE is signed.
• The counselor provides a signed copy of the IPE to the participant.
• The counselor addresses when the participant does not meet their
responsibilities, timeframes, or benchmarks appropriately and in a timely
manner.
• The counselor shall maintain regular, meaningful, and substantive contact
with the participant every 30 days. The results of these contacts and
activities must be documented and captured in the participant’s file in the
ORCA system.
Note: Individuals actively enrolled in either secondary or post-secondary
education funded by the program are exempt from the 30-day check in
requirement. Counselors must:
• Maintain contact with the individual frequently enough to identify and
mitigate problems that can impede satisfactory school progress (such as
missing classes or accommodation needs are not met).
• Establish a regularly scheduled check in with all individuals participating in
an education program on a schedule that best serves the individual’s
specific needs.
• Consult with the client at the completion of each term or semester to review
attendance, grades and progress toward training program completion,
financial status, and future plans.
• At a minimum, the counselor must have meaningful and substantive
contact with the individual at the end of each term to obtain:
o The grade report and
23
o Final transcript and certificate of completion or diploma.
o More frequent contact may be required by their manager if deemed
necessary.
• VR documents the participant’s need for services.
• The case file documents any necessary prior approval.
• The case file shows that there are adequate vendor and participant
contacts to ascertain that plan implementation occurred.
Provide follow-up services to ensure timely participant movement
through plan services:
• The case file documents regular VR contact with the participant, as needed
by the participant but not to exceed 30 days.
• The case file demonstrates that attention was paid to participant needs in a
timely manner.
• Plan revisions and amendments shall be developed according to VR
procedures.
• Case files shall document continued case management when the
counselor assigns the file to paraprofessionals for follow-up.
Develop, implement, and monitor placement services to ensure
that participants are being provided timely planned services to
achieve employment outcome:
The counselor shall:
• Document placement planning prior to the completion of a training program
• Be knowledgeable of placement resources within the community.
24
• Provide self-placement services when available and necessary.
• Provide and coordinate all necessary placement services in a timely
manner.
• Identify all cases ready for closure and secure necessary closure data.
• Ensure the case file reflects VR’s timely and appropriate closure decisions.
Case closure:
Collect sufficient data to justify closure.
• Provide notice to the participant of case closure consistent with the closure
policy.
• Complete closure documents consistent with the closure policy:
o “Closure Successful Rehabilitated” should include discussions
between the VR Counselor and the participant, providing full
consultation opportunity to address satisfaction with placement and
whether the placement is consistent with the agreed upon vocational
goal.
o “Closed Other” should also be addressed with appropriate pre-
closure consultation and documentation.
• Notify referral services when a case is closed.
• Exercise fiscal responsibility:
• Follow purchasing procedures set by ODHS business services.
• Expenditures shall conform to the constraints of VR policy.
• Exercise fiscal responsibility over non-expendable items purchased
including repossession as necessary.
• Identify and utilize comparable benefits available.
25
Exercise fiscal responsibility:
• Practice cost-effectiveness in provision of services.
• Follow purchasing procedures set by ODHS business services.
• Ensure expenditures conform to the constraints of VR policy.
• Exercise fiscal responsibility over non-expendable items purchased
including repossession as necessary.
• Identify and use comparable benefits available.
Prepare case file documentation consistent with federal, state and
program guidelines:
• Case notes shall adequately reflect all case activity.
• All appropriate ORCA fields shall be completed and accurate.
• All coding shall be performed in an accurate and timely manner.
Using electronic signatures:
Vocational Rehabilitation (VR) shall accept electronically signed documents
(eSignatures) on all documentation that require a handwritten (“wet” or “live” ink)
signature.
Oregon Administrative Rules permit the acceptance of electronic signatures
when properly verified. The administrative rule permits state agencies to
determine what procedures to adopt to determine that electronic signatures are
authentic.
VR must verify all signatures. This can be done through direct communication
with participant and when necessary, their support team/advocate.
26
Advocate responsibilities:
Applicants and participants are entitled to use advocates such as the Client
Assistance Program (CAP), professional service providers, peers, friends, or
family members.
VR fully supports the use of advocates. Interactions between advocates,
participants, and VR staff are expected to be respectful and constructive and to
support the participant’s involvement in and benefit from services.
• VR shall provide all advocates and participant representatives with a copy
of advocates’ program expectations.
• Unacceptable behavior shall include, but is not limited to, behavior that
prevents the participant from fully benefiting from program services or
behavior that disrupts the day-to-day business operations of the
organization.
• VR shall notify the advocate or participant representative of any
unacceptable behavior, describe the expected behavior, and explain the
consequences of failing to modify the behavior.
• If an advocate or participant representative fails to comply with the
expected behaviors, the counselor and branch manager shall document the
advocate’s inappropriate behavior and prepare a response.
• Failure of an advocate to comply with program expectations may result in
VR limiting the advocate’s access to program facilities and/or staff and
other actions VR management deems appropriate. VR may limit contact
with the advocate to email communication if appropriate.
27
• If an advocate jeopardizes the services of a VR participant through
inappropriate behavior or by other means, the participant may replace that
advocate with another advocate rather than lose VR services.
Program expectation for advocates:
• Advocates have a duty to respect the dignity, privacy, and self-
determination of all participants.
• Advocates have a duty to seek the consent of their participants before
proceeding on their behalf.
• Advocates have a duty to represent their participants competently,
responsibly, with respect and in a timely manner.
• Advocates have a duty to respond to participants' complaints and
recommendations concerning providing advocacy services.
• Advocates have a duty to represent themselves honestly and accurately,
including their qualifications, authority, and responsibilities.
• Advocates have a duty to identify and avoid actual and potential conflicts of
interest, which may compromise their ability to represent and safeguard the
rights of participants.
• When providing services at the request of or on behalf of a participant or
participants, advocates have a duty to not act in a way that is inconsistent
with the participants' expressed wishes.
• Advocates must try to help their participants share in making decisions
about advocacy activities and in advocating on their behalf.
• Advocates must fully inform their participants about advocacy activity
undertaken, about information gathered during advocacy and about
reasonable alternatives, implications of actions and potential outcome.
28
• Advocates have a duty to keep confidential any information they receive
from or about their participants.
• Advocates have a duty to present facts accurately and honestly.
Confidentiality and use of participant’s information:
VR shall inform all applicants, their authorized representatives, or both, of the
need to collect personal information, the confidentiality of personal information
and the conditions for accessing and releasing this information.
VR recognizes the sensitive nature of the participant’s personal and medical
information and the need for privacy and confidentiality. VR only collects
personal information that is necessary and relevant to determining the
participant’s eligibility and rehabilitation needs.
All information obtained by or made available to VR is considered confidential.
This includes any information obtained through referrals, applications, medical or
psychological records, information on eligible participants, and individuals with
closed service records.
The use of personal information is limited to purposes directly connected to a
participant’s vocational rehabilitation services. VR’s use, release and obtainment
of personal information shall conform to applicable state law and rules as well as
federal law and regulations.
For research and evaluation purposes, VR may use information and data
collected in an aggregate form or in which all personally identifiable information
has been redacted and the remaining records cannot reasonably identify a
participant.
29
Use of participant information:
Federal guidelines require that program participants provide information
necessary to determine an individual’s eligibility for program services. If a
participant declines to provide information necessary for the Program to reach an
eligibility determination, the client’s file may be closed following a Notice of
Proposed Action to that effect.
All participants for VR services shall be informed that:
• Information collected is required by the Rehabilitation Act.
• Provision of participant information may be required, and the Program may
be unable to serve the individual if requested information is not provided.
• Some information requested during an individual’s participation in the
program may be voluntary. However, if that information is not provided,
there may be limitations in services available to the participant.
• VR uses the information to develop a participant’s planned services.
Minimum necessary standard:
From ODHS-100-004:
When using, disclosing, or requesting personal identifying information (PII), staff
must use, disclose, or request only the smallest amount of information needed to
accomplish the goal of the request (minimum necessary standard) and only to
the extent provided in federal and state statutes and rules, and agency policies.
The minimum necessary standard does not apply to:
• Disclosures made to the individual about the individual.
30
• Uses or disclosures authorized by the individual that are within the scope of
the authorization.
• Uses or disclosures that are required by law.
Information harmful to the participant:
VR shall not release information directly to the participant if obtaining such would
jeopardize the health, safety, security, or rehabilitation of the participant or of any
other individual.
If a provider indicates records are not for re-release, VR shall follow federal, state
and ODHS-specific laws and guidelines regarding release of the information
directly to the participant.
If the participant makes a written request to review records that VR believes will
be harmful:
• VR shall contact the author(s) of the report(s) to ask their opinion of
whether direct release of the information would be harmful to the
participant. If an author is unavailable, VR shall obtain an opinion from the
appropriate office consultant (for example, medical or psychological).
• If the author or consultant states release would be harmful and the
participant still requests access to the information, VR shall require the
participant to designate a representative, unless otherwise restricted from
release, or licensed physician or psychologist to review and interpret the
report(s).
o Once the participant appoints a representative, VR may provide the
designee with a copy of the report(s). VR may impose a reasonable
31
cost-based fee for copies, written summaries, or explanations of
protected health information.
Re-disclosure of participant files:
Re-disclosure allowed
VR staff may share information in a participant’s file with other employees of
Oregon VR without an additional release of information.
• This is permissible under the Administration of the Program exemption for
required releases of information (ROI).
If a medical or psychological evaluation has been requested by VR and needed
to determine a participant’s eligibility or develop an individualized plan for
services (IPE), VR may share medical and mental health records with the
medical professional performing the requested evaluation.
Note: Disability Rights Oregon (DRO), when acting as a representative of the
participant, may receive all documentation related to the participant’s file to
include medical records, assessment, or evaluations.
Re-disclosure limitations
In accordance with 34 CFR 361.38(c)(3), VR may release information obtained
from an outside agency only under the conditions established by the outside
agency, organization or provider or mandated for them by federal or state law.
• T
his means that VR may not release any document without the consent of
the document’s originator.
32
o This includes medical records, evaluations, Social Security
Administration information, or assessments.
o The document’s originator must consent to providing medical records
to the participant, advocates, guardians, or other non-VR entities.
Note: Within the Oregon Department of Human Services (ODHS), this restriction
only applies to the Vocational Rehabilitation Program.
• Other programs (such as the Office of Developmental Disabilities Services
or ODDS, Child Welfare, the Self-Sufficiency Program or SSP, or other
state programs providing services to individuals with disabilities) may share
information with VR.
Participant rights and program responsibility for their
data:
Participants have the right to limit or restrict:
• What information may be shared or collected from outside VR.
• The duration of any information shared or collected, and
• The type and amount of personal information that may be shared differently
between different vendors or other third parties at the discretion of the
individual.
A participant always has the final approval regarding whether their personal
information may be shared with any entity outside VR.
• The participant has the right to choose what information may be shared,
with whom, the purpose and the length of time to share.
33
• Non-specific information about a participant may be shared with a vendor,
as described above.
• A participant’s records, documents or personal information cannot be
shared without the individual’s permission.
• The right to share information includes the right to share no information at
all.
VR is a voluntary, eligibility-based program.
• If the participant chooses to apply and participate in VR, VR asks for
personal information needed to determine eligibility and make an
individualized assessment for services.
• Personal information includes, but is not limited to, personal contact
information, work history, work-related assessments, and medical and
mental health records.
All personal information obtained is collected under the authority of the
Rehabilitation Act of 1973, as amended, and is subject to federal and state
confidentiality laws that require VR to protect the personal information.
• All personal information in the possession of VR must be kept confidential.
• Verbal and written personal information must be used only for purposes
directly connected with the administration of the program.
• Written consent is voluntary. However, if consent is not provided when
needed, VR may be limited in its ability to obtain or share records, which
may result in limited services due to a lack of information.
34
Participant right to review and/or amend records:
Should a participant request copies of their records, the participant may submit
an ODHS Form 2093 to request case file documentation from VR.
A participant who believes that information in the record of services is inaccurate
or misleading may request that VR amend the information (582-030-0050
The Individual’s Right to Amend Records). VR is not required to amend the
record of services. If VR does not amend the information, the participant may
prepare an amending statement and request VR insert the statement into the
record of services.
A request to am
end or correct records must be in writing, dated and signed by the
participant, or the participant’s representative, and must:
• Identify the records which are the subject of the request.
• Describe the requested change precisely.
• State the reasons for the change.
Within 30 days after receiving a request to amend or correct records, VR must:
• Make or refuse to make the requested change.
• Give the participant or the participant’s representative written notice of the
action taken.
If VR refuses the requested changes, VR must provide a written statement to the
participant as to why the change was denied.
VR may refuse a request for amendment if:
• The record was not created by VR.
35
• The record is not available for inspection; or
• VR determines the information is accurate, appropriate, and complete.
If VR determines it appropriate not to make the requested amendment, a
participant may file a concise statement detailing the reasons for the requested
change in the record and their disagreement with VR action.
VR must attach the statement of disagreement to the disputed record. VR must
provide a copy of the statement whenever releasing the disputed record to a third
party.
Procedures - release of information:
When a release of information (ROI) is in place, VR may only share the minimum
amount of participant information necessary and appropriate to the situation
(ODHS 100-004
).
• Information shared with vendors under a release of information (ROI) must
be specifically tailored to the services requested.
• Information shared under an ROI is always limited to the least amount of
personal information necessarily required for the situation.
• A release of information (ROI) must specifically limit the period that a
participant’s information may be shared. Normally, this period generally
does not exceed 365 days.
• VR may only share, collect, and retain information to the extent provided in
federal and state statutes and rules, and agency policies. (34 CFR §
361.38(e); ODHS-100-004
)
36
• When working with medical consultants for referrals or evaluations,
permission from the client must still be obtained to share personal
information. In these situations:
o It is often necessary to share the majority of a participant’s file to
ensure an accurate assessment is made.
• VR counselors ensures that the release of information (ROI) in covers all
information to be shared prior to providing it to the medical consultant.
Note: It is never permissible to share a client’s entire case file with a vendor.
Only provide information specifically pertinent to the situation with a release of
information (ROI).
Under limited circumstances, VR staff may share non-specific client information
with vendors operating under the current job developer contract without a release
of information (ROI).
• For example, a VR counselor may share with contracted job developers
that an 18-year-old male individual on the autism spectrum wants to be a
truck driver. VR could then ask if vendors would be interested in a meeting
with the participant to see if they could work together.
• In this instance, the counselor does not provide the name, client medical
records, VR counseling records or any personal identifiable information
until the individual signs a release of information (ROI) authorizing VR to do
so.
37
Release of information – specific purposes:
Job development vendor contract coverage:
The privacy and confidentiality clauses contained within VR job development
contracts define how the vendor protects client information once a client has
signed an agreement with the vendor.
• The clauses in the contracts do not relieve VR of the necessity to get a
release of information (ROI) from the client before any personal information
is shared with the vendor.
• This rule does not apply to and may not be interpreted to allow sharing
client personal identifying information (PII) in support of routine client
services or to solicit support of routine client services.
Administration of the program:
In very limited circumstances, the program may share more specific information
with outside entities if it is required under the “administration of the program”
clause found in OAR 582-030-010.
Note: This exception is extremely narrow in scope.
Specifically, OAR 582-030-010 says, in part:
Unless prohibited by law, individual information may be released
to other agencies, which have cooperative agreements with the
Program, without the written consent of the individual only if
providing such information has a bearing on administration of the
Program or the provision of Program services.
38
This rule, when taken in conjunction with other policy, allows VR to share
information about a participant with some outside entities when the information is
required to facilitate VR Program administration and does not include routine
client services.
Examples may include coordination with other ODHS agencies to negotiate
shared services, ensure fiscal responsibility, or help resolve dispute resolution
cases.
Mental health and psychiatric records - additional considerations:
If the participant exhibits mental health conditions or discusses past treatment,
VR needs the mental health records to determine if functional limitations exist
related to the condition and if these limitations are barriers to employment.
Records of this type are often necessary to determine eligibility, develop the
individual plan for employment (IPE), and ensure proper VR service. Mental
health records may often be traumatic for the individual. VR staff exercise
discretion in what records are requested.
• Participants may feel apprehensive or anxious when asked to share mental
health histories with VR due to the perceived stigma often associated with
receiving mental health support previously.
• When VR requires the participant to release mental health records to the
Program, the participant may be less likely to feel comfortable when
accessing VR services or to trust the VR counselor.
• VR staff should be particularly mindful when requesting psychiatric records
and consider whether those records are truly necessary to provide
services.
39
• For example, VR may not have any compelling reason to request
psychiatric records for a VR participant whose barriers to employment
relate only to physical and not mental impairments.
When VR staff request mental health records, they explain the need for
information related to employment. Additionally, VR staff must be mindful of the
heightened expectations for privacy when psychiatric information is needed.
Release for audit, evaluation, and research:
Prior to releasing any participant information in support of a mandated audit,
required program evaluation or approved research study, VR must ensure:
• The organization, agency or individual uses the information only for the
purposes specified.
• The information is released only to those persons officially connected with
the audit, evaluation, or research.
• The information is not released to the participant.
• The final product does not reveal any personal identifying information
without informed, written consent from the participant.
Release in response to investigation or judicial authority:
VR may release case file information without participant authorization in
response to a lawful request in connection with law enforcement, fraud, or abuse
and an order by a judge, magistrate, or other authorized judicial officer.
• Under these circumstances, VR may disclose personal information without
obtaining written consent from the participant. The Program director or the
director’s designee makes any disclosure.
40
Subpoenas:
A subpoena is a written order for a witness to appear and give testimony and/or
deliver named material issued.
• The administrator of VR is the official custodian of all participant records for
VR. Any subpoena for release of a VR participant record shall be directed
to the administrator of VR.
• Any subpoena received by the Program requesting information regarding
client information, client records or other information directly related to a
client’s case, shall be forwarded as soon as possible to the Deputy Director
of Direct Services and the Policy and Compliance Manager.
o This includes subpoena requests for both open and closed client
casefile records.
o The Programs Policy and Compliance Manager will coordinate
subpoena requests with the ODHS Legal Unit at
• A subpoena generated or authorized by a VR participant or participant's
attorney to testify or release participant information is deemed an informed
written consent from the participant, except as prohibited by law.
• Upon verification by VR of a representative’s authorization to issue the
subpoena on behalf of the participant, VR employees may communicate
with the participant's representative within the scope of the request to the
extent provided under OAR 582-030-0030.
• VR employees may not provide participant information in response to a
subpoena without a valid written authorization from the participant or an
order issued by a judge, magistrate, or other authorized judicial officer.
41
• Any VR employee who appears in response to a subpoena not generated
or authorized by the participant or their attorney, and without a valid written
participant authorization, must read the following statement at the start of
the appearance instead of providing participant documents or testifying
about a VR participant:
"Confidentiality policy imposed by state law, (including ORS
344.600 and federal regulation), requires the state Vocational
Rehabilitation Program, to invoke public officer privilege under
ORS 40.270 -- Evidence Rule 509. This is in respect to the
release of participant information or provision of testimony that is
not requested or has been authorized by the participant or the
participant's representative."
• Once the employee has provided this statement, the judicial official issues
an order, the VR employee shall comply with the order, including providing
any documents or testimony within the scope of the order.
Information regarding criminal activity or dangerous situations:
VR shall release any information necessary to protect the participant and others
when there is a threat to the safety of any individual.
All information may be disclosed during a legal proceeding or to protect the safety
and well-being of any individual.
In the case of threatened criminal activity, VR staff must use their judgment to
determine whether such a future activity is likely to occur.
42
VR staff shall notify their immediate supervisor or another ODHS manager if
appropriate. In the supervisor’s or manager’s absence, staff contact the deputy
director of direct services or the administrator.
Disability determination or social security evaluations
record requests:
Vocational Rehabilitation (VR) frequently receives requests from Disability
Service evaluators, Social Security representatives and disability attorneys for
information on current and former individuals served by the program. This
information is requested to support an individual’s application for Social Security
Disability benefits.
Participant information disclosed in support of a Social Security Administration
(SSA) determination request is subject to the same restrictions that apply to
information released to participants or other organizations. This means:
• VR is only permitted to share information that the program itself developed.
• VR may not share medical records, psychological evaluations, outside
assessments, or other papers with personal information without the written
permission of the originator.
Procedures for Disability Determination Services (DDS) requests:
When VR receives an email or electronic request to support a Social Security
Disability Determination from Disability Determination Services (DDS) for client
records:
43
Forward t
he entire request and any supporting documents to the email account
at: DDS.Records@dhsoha.state.or.us
Central Office Administrative staff process the request, submit the requested
case service record to the Social Security Electronic Records Express (ERE)
Website, and notify the requester when the information is submitted.
When VR receives a hardcopy request for DDS records from Disability
Determination Services (DDS):
Scan t
he entire request (to include the QR coversheet) and submit to
DDS.Records@dhsoha.state.or.us
Procedures for a Social Security Administration request:
When VR receives a request to support a Social Security Disability Determination
from an attorney or individual client (not directly from Disability Determination
Services or DDS):
• The office prints the requested client case service record as a PDF
document and provide to the requester.
Since ORCA users may have different screen layouts, please adjust your screen
as follows prior to printing the requested records:
Within ORCA, select the Case Management screen and ensure that the
“Selected Layout” option shows “Case Summary.”
Under the “Actions” tab, select the “Print Reports for All Activities” option; this will
print a .pdf file of all the client’s Eligibility, Plan, Closure, Disability, Education,
Application and Characteristics information.
44
References:
34 CFR § 361.38
P
rotection, use, and release of personal information.
34 CFR § 361.38(c)(3) Release to applicants and recipients of services
45 CFR § 164.524 Access of individuals to protected health information.
ORS 344.600 Unauthorized use of official rehabilitation data
ORS 40.270 Rule 509. Public officer privilege
Vocational Rehabilitation Services - Chapter 582, Division 30 Confidentiality of
Client Information and Release of Information
OAR 582-030-010 Program Uses and Disclosures
DHS-100-004 Minimum Necessary Standard for Releasing Personally Identifiable
Information (updated 2/1/2023)
Informed choice:
Vocational Rehabilitation (VR) shall provide applicants and eligible individuals
information and support services to assist in the exercise of informed choice
throughout the rehabilitation process.
The decision-making process occurs at several levels from whether work is a
viable option for the individual (benefits counseling), to determining an
employment outcome (comprehensive vocational assessment), to service
providers.
45
• Choices are not limitless; they are restricted by VR’s mission, applicable
state and federal rules and policies, and the need for making appropriate
use of public funds.
• While a participant is offered choices, it is the responsibility of the VR
counselor to determine the nature and scope of available services and the
provision of services.
At each decision-making juncture, the individual needs to identify options and to
have enough information to weigh the pros and cons of each option.
Informed choice requirements:
Implementing informed choice requires the following:
• Clearly communicate the available options, including information that would
allow an individual to identify the associated pros and cons.
• Assist the individual with making a strategy and identifying next steps, if
appropriate, based on the decision.
• Assist the individual in understanding the consequences of the decision.
• Inform each applicant or eligible individual, through appropriate modes of
communication, about the availability of and opportunities to exercise
informed choice. Information shall include the availability of support
services for individuals who may require assistance in exercising informed
choice.
• The VR counselor shall assist participants in exercising informed choice in
the exploration of their strengths, resources, priorities, concerns, abilities,
capabilities, and interests as they relate to obtaining, maintaining,
regaining, or advancing in employment.
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• The VR counselor shall provide information and assist the participant to
make informed choices during the development of the individualized plan
for employment (IPE) and throughout the vocational rehabilitation process.
The participant shall have the opportunity to make informed choices with respect
to:
• Selection of VR approved evaluation and assessment services and
vendors.
• The employment outcome and setting.
• Specific VR services needed to achieve the employment outcome.
• The selection of VR services and VR service vendors.
• The settings in which VR services will be provided, and
• The methods available for procuring services.
Information on services and providers shall include:
• The cost, accessibility, and duration of services
• Consumer satisfaction to the extent information is available.
• Qualifications of potential service providers
• Types of services offered by potential providers.
• Degree to which services are provided in an integrated setting, and
• Outcomes achieved by individuals working with service providers.
Youth consideration and informed choice:
Even though many of the youth and students we serve are not yet at the age of
majority, the informed choice provisions of section 102(d) of the Rehabilitation
Act still apply.
47
Pre-employment transition services equip students with skills necessary to make
informed choices.
Reference:
34 CFR § 361.52 - Informed Choice
Qualified Personnel:
The terms qualified personnel, qualified person, and qualified professional
are used in several places in vocational rehabilitations policy, rules, and statutes.
Because of this, there are a few different examples of what constitutes qualified
personnel, and we recognize that this can cause confusion when interpreting
policy and rule.
Federal rules require that qualified personnel:
• Determine a VR applicant’s eligibility for Vocational Rehabilitation services.
• Diagnose the applicant with a qualifying disability.
• Determine that the applicant’s disability constitutes a substantial
impediment to employment.
Qualified personnel determine eligibility:
All decisions affecting eligibility for VR services, the nature and scope of
available services, and the provision of VR services must be determined by a
qualified vocational rehabilitation counselor. (34 CFR § 361.42(a)(1)(iii))
48
In this example, a VR counselor must meet the education and experience
standards of the profession to be qualified, consistent with those set forth at 34
CFR § 361.18(c).
• A qualified vocational rehabilitation counselor (VRC) in this context means
an individual is employed by Vocational Rehabilitation as a vocational
rehabilitation counselor and at time of the assessment works as a VRC in
that position.
Oregon requirements for vocational rehabilitation counselors:
The Oregon vocational rehabilitation counselors (VRC) classification requires
that VRCs possess at a minimum:
• A master’s degree in Rehabilitation Counseling; OR
• Certification from the Commission on Rehabilitation Counselor Certification
as a Certified Rehabilitation Counselor (CRC); OR
• Certification of Disability Management Specialists Commission as a
Certified Disability Management Specialist D (CDMS), and six months full–
time work experience providing vocational rehabilitation–related services;
OR
• A master’s degree in psychology, counseling, or a field related to
Vocational Rehabilitation (such as one that promotes the physical,
psychosocial, or vocational well–being of individuals with disabilities) and
twelve months full–time work experience providing vocational
rehabilitation–related services; OR
• A bachelor’s degree in a related field, such as one that promotes the
physical, psychosocial, or vocational well–being of individuals with
49
disabilities, and three years of full–time work experience providing
vocational rehabilitation–related services to individuals with disabilities.
o There is no direct work experience substitute for the bachelor’s
degree requirement.
Requirements to determine physical or mental impairments:
A Rehabilitation Services Administration (RSA) Technical Assistance Circular
(RSA-TAC-24-01) addresses what it means for a qualified person or qualified
professional to diagnose mental, medical or physical disabilities.
Supplementary information provided in the Federal Register (2/11/1997)
clarifies
that a qualified person or qualified professional means “personnel who are
certified under State law, and individuals licensed or certified under State
regulations, to make these determinations.”
Qualified personnel in this context means a person qualified by a state oversight
boa
rd to make a diagnosis pertaining to the individual’s physical or mental health.
Note: A student’s individualized education plan (IEP) by itself may not be used
as documentation to support eligibility. A counselor needs a copy of the IEP
Statement of Eligibility to use this document as part of a client’s eligibility
determination.
• The Statement of Eligibility has the name and credentials of the person that
made the diagnosis determination as well as the Diagnostic Code for the
individual’s disability.
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Requirements to determine disability related barriers to
employment:
Qualified personnel in this context means an individual qualified to determine that
the individual’s disability presents a barrier to employment.
Unlike the more formal requirements related to a qualifying diagnosis, defining a
barrier to employment is more subjective and does not usually require specific
credentialling or licensure.
In many instances the vocational rehabilitation counselor (VRC) will be the
qualified professional in determining if the applicant’s disability creates a barrier
to employment.
Note: When working with youth or students, tools such as the Oregon Needs
Assessment (ONA), the Individual Support Plan (ISP), or the Risk Identification
Tool are all useful tools to help identify an individual’s barriers to employment.
Qualified personnel to determine intellectual or developmental
disabilities (I/DD):
Diagnosis of an intellectual or developmental disability may be provided by:
• A licensed psychiatrist or psychologist or
o School psychologists may provide information about functional loss
and academic achievement. They cannot provide diagnoses per
OAR
584-070-0205.
• Documented eligibility for Developmental Disability (DD) services in Oregon
that has been based upon a diagnosis from a licensed psychiatrist or
psychologist.
51
Note: VR requires documentation that provides the name and credentials of the
provider that made this determination. Documentation that an individual is eligible
for DD services is not sufficient without credential information.
Barriers to employment for an intellectual or developmental disability may be
provided by:
• A licensed psychiatrist, psychologist or school psychologist that
demonstrates how the individual’s qualifying disability presents a barrier to
employment may be used.
• Information provided by parents, guardians, teachers, or other members of
the individuals support team.
• Information provided by the individual themselves.
• VR counselors may also provide information on barriers to employment
based upon their professional experience and observations.
Qualified Personnel to determine mental health or psychological
disabilities:
Diagnosis of a mental health or psychological disability is provided by a medical
doctor, licensed clinical social worker (LCSW), Licensed Professional Counselor
(LPC), Licensed Marriage and Family Therapist (LMFT), psychiatrist or
psychologist.
• School psychologists may provide information about functional loss and
academic achievement. They cannot provide diagnoses per OAR 584-070-
0205.
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Barriers to employment for individuals with a mental health or psychological
disability may come from a medical doctor, licensed clinical social worker
(LCSW), psychiatrist, psychologist or school psychologist that shows how the
individual’s disability presents a barrier to employment.
Qualified personnel to determine physical disabilities:
Diagnosis or documentation of a physical disability is provided by a medical
professional with the ability to formally diagnose the individual’s disability and
licensed to practice in Oregon.
This diagnosis may be provided by a medical doctor, a surgical report addressing
the condition, or other appropriate medical documentation that meets the above
criteria.
Barriers to employment for individuals with a physical disability may be provided
by a medical professional that demonstrates how the individual’s disability
presents a barrier to employment.
In some instances, observation of a physical disability by the VR counselor can
be sufficient to meet this standard.
Qualified personnel to determine traumatic brain injuries (TBI):
Diagnosis of a traumatic brain injury (TBI) may be provided by a licensed
psychiatrist or psychologist, or documented eligibility for Special Education based
upon this diagnosis from licensed psychiatrist or psychologist.
Minimum acceptable documentation for diagnosis for an individual with a
traumatic brain injury includes:
53
• Documented eligibility for Special Education in Oregon based upon
impairment or diagnosis from licensed psychiatrist or psychologist or
documentation by licensed psychiatrist or psychologist.
• School psychologists may provide information about functional loss and
academic achievement. They cannot provide diagnoses per OAR 584-070-
0205.
Barriers to employment for clients with a Traumatic Brain Injury (TBI) may be
provided via documentation from a licensed psychiatrist, psychologist or other
medical professional licensed to diagnosis or treat individuals with a TBI.
Qualified personnel to determine learning disabilities or
disorders:
Documentation to support an individual’s learning disabilities may come from
psychologists, psychiatrists, medical professionals (usually a pediatrician),
speech-language pathologist, or other qualified personnel.
Barriers to employment for individuals with a learning disability may be provided
through psychological evaluations that contain appropriate intellectual and
achievement measures.
• Generally, a school psychologist or others certified to provide such
evaluations (a licensed Special Education Teacher or Speech and
Language Therapist) may provide this assessment.
Note: Communication disorders may be considered the same as a learning
disability in this context.
54
References:
RSA Technical Assistance Circular 24-0
1. RSA-TAC-24-01. Promoting
Meaningful and Sustained Engagement of Individuals with Disabilities in the
State Vocational Rehabilitation Services Program (10/30/2023).
Section 101(a)(7)(B) of the Rehabilitation Act (Comprehensive System of
Personnel Development)
34 CFR § 361.13(c)(
1)(i) Responsibility for administration
34 CFR § 361.18(c) Personnel standards.
34 CFR § 361.42(a)(1)(i) and (ii) Eligibility requirements – Basic requirements.
34 CFR § 361.42(a)(1)(iii) Eligibility requirements — Basic requirements.
34 CFR Part 361 et al. The State Vocational Rehabilitation Services Program;
Final Rule. Federal Register, Vol. 62, No. 28. (2/11/1997)
OAR 584-070-0205 Scope of School Psychology
55
Stages of Vocational Rehabilitation:
Initial contact and referral:
It is VR’s responsibility to reply promptly to any request for service and to provide
timely access to information about the VR Program and VR services.
This section describes the referral process. To meet this expectation, a response
to all inquiries must be made within five business days.
This part of the VR process must include explaining to the potential applicant:
• The intent of the VR Program is to provide employment-related services.
• The services that VR provides to overcome disability-related barriers to
employment.
• An overview of the application and eligibility requirements, and
• VR expectations of the individual.
Source of referrals:
A referral can be made from any source such as other government agencies,
numerous community sources, organizations, schools, clinics, employers, local
workforce development boards (LWDB) and doctors. Referrals may come from
local, regional, statewide, or national sources as well.
Note: A request for information does not constitute a referral. However, a referral
to VR occurs whenever an individual requests an appointment with VR. Branch
offices are responsible for tracking the time between a referral occurring and an
appointment taking place.
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Outreach:
Outreach efforts are made by VR staff to inform potential referral sources about
VR programs and services and help the sources make appropriate referrals.
Initial contact:
The first contact with an individual is a critical point in the VR process and may
set the stage for the Program’s on-going relationship with the individual.
Initial contact is the first contact with an individual. It may be made:
• In person or walk-in,
• By phone,
• In writing,
• By email, or
• By referral.
This initial contact may result in an application occurring at that time, though
usually it does not. Normally, an application is made by the individual during a
scheduled intake meeting.
If the individual has a legal guardian at the time of the initial contact, the legal
guardian may make the initial contact on behalf of the individual.
Note: While a legal guardian may make initial contact for an interested individual,
the individual must be present and involved in the completion of the application
for services.
An individual’s participation in orientation is not required to be referred to VR.
57
A service questionnaire is not required prior to application. It is suggested the
applicant provide this as part of the application process.
Initial contact procedures:
After making initial contact with an individual, the VR staff member:
• Completes or schedules an intake appointment to complete an application
for services.
• Provides the individual with contact information for the assigned office.
• Will give all individuals an opportunity for an appointment at the earliest
opportunity but no later than within four weeks of initial contact.
Note: It is the branch manager’s responsibility to monitor the average time from
referral to application. Should the average time exceed four weeks, steps should
be taken to reduce this wait time.
• Will ensure that individuals with disabilities are provided current and
accurate vocational rehabilitation information and guidance using
appropriate modes of communication, and
• If necessary, provide program material in alternative formats and in the
requested language of the individual.
Everyone who requests an appointment to apply for VR services must receive an
appointment. If the individual does not have contact information, an appointment
date and time must be given to the individual at initial contact.
VR does not discriminate based on race, color, sex, national origin, age,
disability, or religion.
58
Scheduling orientations:
If your branch offers vocational rehabilitation orientation meetings prior to
scheduling new applicant intake appointments, it may be scheduled in person,
via Teams or Zoom, or through another alternate telecommunication platform
appropriate to the circumstance.
Orientations are always optional. A prospective applicant’s intake should not be
delayed solely to attend an orientation meeting prior to offering an intake
appointment. There is no statutory requirement for an orientation prior to intake.
The “VR Orientation Video” may be used as appropriate.
It is recommended that any documentation normally provided during orientations
be mailed, emailed, or faxed to the applicant prior to the virtual orientation
meeting. Alternately, if the applicant declines a virtual orientation prior to intake,
you may provide these materials to the applicant before the intake meeting. Any
documents exchanged with an applicant via email must be both sent and
received securely.
Youth consideration for orientations:
It is allowable for orientations to occur at a school site to minimize barriers
(school schedule, transportation, etc.) in accessing VR services.
Reference:
34 CFR § 361.41-Processing referrals and applications
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Application:
Application process:
VR will give all individuals an intake appointment at the earliest opportunity
available. The applicant and VR shall complete the application requirements by
the conclusion of the one-on-one intake appointment, or at subsequent meetings
if necessary, and gather the information needed to initiate the assessment for
eligibility and priority for services.
Required forms:
• Application for Services (ODHS 1701)
• Authorization for Disclosure, Sharing and Use of Individual Information
(MSC 3010)
• Notice of Privacy Rights and Notice of Rights and Responsibilities (ODHS
2916)
• Vocational Rehabilitation Dispute Resolution Rights (ODHS 2872)
• Vocational Rehabilitation Counselor Professional Disclosure Statement –
for counselors holding a CRC only (VR 1722)
• Voter Declination card (SEL503)
VR staff shall communicate the expectation of the individual’s commitment to full
participation, including the need to remain available to complete the eligibility and
vocational assessment phases that serve as the foundation for plan development
and services that follow.
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Expectations of the applicant during the application process:
The applicant is expected to:
• Bring reasonable proof of identity to the intake appointment.
• Attest to VR that they are authorized to work in the United States and
provide employment authorization verification (EAV) documents upon
request.
• Be available to complete the assessment process.
• Complete the Service Questionnaire (ODHS 1277) to the best of their
ability and bring the form to the intake appointment.
• Parents of minor children must sign all documents that require a signature.
Both the participant and parent(s) or guardian(s) of minors sign all
documents.
• If the individual is unable to provide the information needed at the intake
appointment or does not complete the formal application for services at the
conclusion of the appointment, a subsequent appointment may be
scheduled. This appointment will be to secure the necessary information to
initiate an assessment to determine eligibility and priority for services.
Factors that constitute an application for services:
The individual is considered to have applied only when all the following
conditions have been satisfied:
• The individual has completed and signed a VR application form or has
otherwise requested services, and
• The counselor obtains information sufficient to initiate assessment for
eligibility and determining priority for services, and
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• The individual is available to participate in the assessment for eligibility.
NOTE: A signed application is not required for an application to have been made.
An individual may request VR services without submitting a written application.
VR shall provide appropriate accommodations for individuals to fully participate in
the application process.
• VR shall make available sign language or foreign language interpreters,
materials in alternate language formats, as well as other accommodations
individuals may need.
• VR shall make the applicant and the applicant’s family or advocates, if
appropriate, aware of the availability of accommodations for
communication.
The VRC must enter application data into ORCA within one business day of the
intake appointment.
Youth consideration in the application process:
School personnel are charged with coordinating services between agencies to
facilitate an outcomes-based transition into post-school life. VR is charged with
coordinating and collaborating with schools to maximize services without
duplication.
It is common and acceptable, using the release of information form, for school
staff to provide some or all the documentation outlined above on behalf of the
student. This is not to say the school staff is a delegate of VR. Rather this
process facilitates a strong partnership between the student and VR. Some VR
contracted services assist with this process.
62
References:
34 CFR § 361.41-Processing referrals and applications
34 CFR § 361.38-Protection, use, and release of personal information
Requirement to obtain a client’s social security number:
Individuals applying for vocational rehabilitation are expected to share their
Social Security Number (SSN) with the Program.
• The individual requires a valid Social Security Number (SSN) as part of
their employment process.
• Verifying that the individual has a valid SSN is part of the VR process.
Helping the individual obtain a Social Security Number:
An individual is unable to seek and obtain employment without a valid Social
Security Number.
• If the applicant does not have a valid Social Security Number, they may
apply for a Social Security Number during the time of their service
participation.
• The applicant may apply online at “my Social Security account” at the U.S.
Social Security Administration.
• If an applicant consents, the VR counselor may help the individual navigate
the steps to create an account. VR may assist the individual to apply for an
SSN, as appropriate.
63
Social Security Number verification is not eligibility to work:
Note: Verification of an individual’s Social Security Number is not the same as
verifying the individual’s identity and authorization to work in the United States.
The Social Security card is one acceptable form of identification to verify a client
identity and authorization to work in the United States.
• VR participants must meet the federal I-9, Employment Eligibility
Verification requirements.
Verify individual’s SSN and initiate ORCA file:
The following documents are acceptable forms of identification when verifying an
individual’s Social Security Number.
• U.S. Social Security card
• A Social Security notice addressed to the individual.
• DD214 (military discharge papers or separation documents) or NGB 22
(National Guard Report of Separation and Record of Service) with
complete Social Security Number
• W-2 Form with complete Social Security Number (including W-2C, W-2G,
etc.). Employers report wages, tips, and other compensation paid to
employees on a W-2 form.
• SSA-1099 Form with complete Social Security Number (including SSA-
1099-SM, SSA-1099-R-OP1, etc.). The SSA-1099 a tax form shows the
total amount of benefits you received from Social Security in the previous
year.
64
• Non-SSA 1099 Form with complete Social Security Number (including
1099-DIV, 1099-MISC, etc.). These tax forms show income you received
from other sources.
• 1098 Form with complete Social Security Number (including 1098-C, etc.).
This form is a mortgage interest statement.
• Bank, loan, or financial documents with complete Social Security Number.
• Pay stub with complete Social Security Number.
Procedures to initiate services without a verifiable SSN:
An ORCA file cannot be initiated without a valid client identification number.
Traditionally the individual’s Social Security Number has been the identification
number.
An individual has the right to decline to provide a Social Security Number to VR.
Should the individual decline to share their Social Security Number with VR, the
vocational rehabilitation counselor (VRC) must contact ORCAHelp to request that
a Client Identification Number be generated.
• This number is used to identify the individual in place of the Social Security
Number during the VR process.
• Never generate a false SSN for any program participant. Only
ORCAHelp may generate a Client Identification Number.
Note: Under no circumstances can staff create an alternate client identification
number on their own.
65
• Any other user-created identification numbers may be considered
fraudulent and may result in significant complications for both the VR
Program and the individual applying for services in the future.
• It is requested that the vocational rehabilitation counselor continue to ask
the individual to try and obtain a Social Security Number.
References:
34 CFR § 361.41(b)(2)
Rehabilitation Services Administration, Technical Assistance Circular, RSA-TAC-
24-01 (10/30/2023)
Create your personal my Social Security account today
Understanding Supplemental Security Income Social Security Notices and
Letters -- 2023 Edition
Guardianship:
A guardian is a person appointed by the court who is given the authority to make
important decisions for an incapacitated individual regarding health care and
personal matters.
The Oregon statute defines an incapacitated individual as someone who is
unable to communicate the decisions necessary to provide for their health,
safety, and welfare. Critically, a medical diagnosis is not the same as a finding of
legal incapacity, which must be determined by a court.
The person for whom a guardian is appointed in a protective proceeding is
referred to as the “protected person.” An adult guardianship lasts until the
66
protected person passes away, the guardian resigns, or a judge determines the
guardianship is no longer needed.
A guardian has various duties and responsibilities under Oregon law. However,
they are always expected to encourage the protected person to participate in
decision-making and act for themselves whenever possible. The guardian has an
obligation to become acquainted with their ward, regularly visit them, and get to
know their limitations, needs and any health conditions.
Participants under the age of 18:
• Parents or guardians of minor children must sign all documents that require
a signature.
• Both the participant and parent(s) or guardian(s) of minors sign all
documents.
• Legal guardianship, if assigned prior to age 18, does not automatically
carry over into adult legal guardianship.
• After the participant becomes an adult (age 18 or older) and is no longer
under guardianship, signature authority defaults to the participant.
• The participant will need to sign a release of information for family
members or representatives to continue participation and share information
in the VR process.
Participants over the age of 18 under guardianship:
The participant should sign all required VR documents unless the court
appointed guardian has legal authority for decision-making. The guardian’s
signature is not required unless specifically authorized by the judgment order.
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• The participant or the guardian will provide copies of both the Letter of
Guardianship and Judgement Order to VR at the time of application. These
documents are public record. If copies are not available at application, VR
must request copies of the documents prior to proceeding with the
application.
The VR counselor will review the Letter of Guardianship and Judgment Order to
determine the scope of guardianship. The guardian typically has power and
duties in three primary areas:
• Residential placement
• Health care, and
• General care and comfort.
Specific VR services may fall within the powers and duties of the guardian’s
authority.
• The guardian must authorize those specific services, for example, approval
for mental health or medical assessments for the comprehensive needs
assessment.
• The guardian must also sign the required VR document(s) for those
specific services. For example, the guardian’s signature is required on an
IPE if the plan includes mental or physical restoration services.
Disability Rights Oregon (DRO) is a resource available to support the adult
participant (in other words, the “protected person”) if they are having a dispute
with an appointed guardian who appears to be overstepping their authority. All
VR field offices should make Disability Rights Oregon (DRO) contact information
available to adult participants.
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Emancipated youth under the age of 18:
Vocational rehabilitation counselors (VRCs) must obtain documentation of the
legal award of emancipated status, sometimes referred to as “Judge’s Orders.” A
copy of this is maintained in the youth’s file.
Youth who have gone through the legal process of emancipation, and for whom
we have documentation of such, are to be treated as adults. They have legal
authority to make decisions and can be the sole signatory of their own
paperwork.
VR counselors obtain a signed release of information (ROI) from the
emancipated youth to share personal information with the youth’s parent,
parents, guardian or guardians even if they have given verbal consent.
Supported Decision-Making (SDM):
Supported decision-making is the least restrictive alternative to guardianship. It is
a learned process where individuals who experience intellectual or
developmental disabilities or both can make decisions for themselves by
consulting with trusted friends, family, social service providers, community
organizations, other supports or combinations of supports to help them think of
the advantages or disadvantages of a decision, the potential consequences and
ultimately make their own choice.
Impact of supported decision making for VR:
• An individual who is not under a guardianship order is not required to have
a supported decision-making (SDM) agreement.
69
• Individuals who choose supported decision-making as an alternative to
legal guardianship have legal authority to make decisions and can be the
sole signatory of their own paperwork.
• If an individual has a formal written supported decision-making (SDM)
agreement, the vocational rehabilitation counselors (VRCs) should obtain a
copy.
• Obtain a signed release of information from the individual to share personal
information with the individual’s supported decision-making (SDM)
supporter, if the individual wants their supporter included in their
employment decision-making process.
S
upported Decision Making References:
ODDS Fact Sheet
Supported Decision Making
The Arc of Oregon, Supported Decision Making: An Alternative to Guardianship
Disability Rights Oregon, Know Your Rights: Guardianship
G
uardianship References:
O
RS 343.181
OAR 582-030-0030
Eligibility determination:
Eligibility requirements are applied without regard to gender, race, creed, color,
religion, ethnicity or national origin, nature or severity of disability, age, sexual
70
orientation, residency, or political ideation. VR shall not exclude any group of
individuals from eligibility for services solely based on type of disability or
impairment.
Eligibility criteria:
To be found eligible, an individual must meet the following criteria:
• Must have a physical/mental impairment, as determined by qualified
personnel.
• The impairment must constitute a substantial impediment to work, and
• The individual must require vocational rehabilitation services to obtain an
employment outcome.
Note: VR must presume that an applicant, including a student or youth, who
meets all the eligibility requirements can benefit in terms of an employment
outcome.
Eligibility criteria for clients applying to advance in employment:
The VR Program's purpose is the same regardless of whether an individual
wants to advance in employment or obtain initial employment. The program can
help eligible individuals maintain or advance in their careers by providing
vocational rehabilitation services.
The program is not intended solely to place individuals with disabilities in entry-
level jobs. Rather, the program helps them obtain appropriate employment, given
their unique strengths, resources, priorities, concerns, abilities, capabilities, and
informed choice.
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Note: All other eligibility criteria still apply to applicants seeking to advance in
employment.
Presumption of eligibility for social security recipients and
beneficiaries:
Any applicant who has been determined eligible for Social Security benefits
under title II or title XVI of the Social Security Act, is presumed eligible for
vocational rehabilitation services and is considered an individual with a significant
disability.
• Verification of the receipt of Social Security benefits meeting this
requirement must be verified within three business days of the application
for services.
o If the VRC is unable to verify the client’s status in that period, there
must be a case note explaining the circumstances for the delay.
Individuals who are eligible for Social Security Disability Insurance or
Supplemental Security Income, are to be considered by VR as individuals with a
significant disability (34 CFR §361.5(c)(29)).
Presumed eligible status:
Upon verification of the individual’s Social Security disability insurance or
Supplemental Security Income status, the VRC completes the client’s eligibility
and provides them with an eligibility letter and a dispute resolution rights
notification.
• A copy of each is also included in the case file.
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Once the vocational rehabilitation counselor has verified the client’s receipt of
Social Security disability insurance or Supplemental Security Income benefits,
that individual is considered Eligible for VR Services.
For clients made eligible through the presumptive process, the vocational
rehabilitation counselor should still request medical documentation to accurately
assign a priority of service which may include a most significant disability.
• Additional medical or educational data may also identify any additional
disabilities or barriers to employment and service needs.
The VR counselor may incorporate additional assessments, reports, and other
documentation, as appropriate, to substantiate initial reports and explore
additional impairments that may exist.
Note: An individual meeting the criterion for presumptive eligibility is considered
“Eligible for VR Services” upon verification of their status.
The VR counselor completes the eligibility with the information provided by the
individual at application.
Note: Eligibility for Social Security Aged benefits does not make an individual
eligible for presumed eligible status.
Verifying the client’s presumptive eligibility status:
If an individual does not disclose at application that they are receiving Social
Security disability insurance or Supplemental Security Income benefits, but the
VR counselor later learns that the client is receiving these benefits, verify the
client’s benefit status and update the VR Application screen with the correct
information as soon as possible.
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An applicant may state that they are eligible for Social Security disability
insurance or Supplemental Security Income but cannot provide evidence to
support that assertion. In this instance:
• VR must verify the applicant's eligibility to receive Social Security disability
insurance or Supplemental Security Income using the DHR system, or by
contacting the Social Security Administration.
Procedures for verifying client social security benefits (SSI/SSDI):
If the client is unable to provide a recent copy of their Social Security Benefits
Verification Letter from the Social Security Agency (SSA), VR staff should take
steps to verify the client’s Social Security disability insurance or Supplemental
Security Income benefits.
After obtaining the individual’s informed consent, VR Staff can manually verify
the clients benefit information in several ways:
• The preferred method of verifying a client’s benefit is using the ODHS
mainframe system (previously known as Hummingbird).
• The use of the Social Security disability insurance or Supplemental
Security Income verification screens is preferred as it provides the most
timely and accurate verification.
• RSA TAC 24-01 allows VR Staff to verify a client’s Social Security disability
insurance or Supplemental Security Income using the “My Social Security
Account” website at the US Social Security Administrations Homepage
after obtaining the applicant’s informed consent.
o VR Staff may assist the client with establishing a My Social Securit
y
Account if they have not set one up previously.
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• The VRC may request a benefit verification letter through the Social
Security Administration. Personal Social Security accounts
(https://www.ssa.gov/myaccount/) provide an optio
n for “benefits
verification.”
Note: 3
4 CFR §361.42(a)(5) states that presumptive eligibility is not to be
interpreted as creating an entitlement to any vocational rehabilitation service. VR
may close the file of an individual who is presumed eligible for the same reasons
that result in closure for any other client file.
• T
his means that while the individual may have a qualifying disability, it does
not mean that they meet the remaining requirements for VR services. VR
should proceed under the assumption that the client is eligible until
determined otherwise.
References:
34 CFR 361.42(a) Assessment for determining eligibility and priority for services.
Eligibility requirements.
RSA TAC 24-
01 Promoting Meaningful and Sustained Engagement of Individuals
with Disabilities in the State Vocational Rehabilitation Services Program.
Disability Evaluation Under Soc
ial Security
Blind and visual impairment:
Oregon has a separate agency to assist individuals whose impairments fall within
the definition of legal blindness or are of a rapidly progressive nature leading to
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legal blindness. Therefore, all individuals who may meet this requirement must
be immediately referred to Oregon Commission for the Blind (OCB).
This referral to OCB is required regardless of what other disabilities exist. This
referral to OCB does not depend on blindness being the "primary" disability.
V
isual impairments:
V
R provides services to participants with visual impairments who are not
statutorily blind. A person is considered statutorily blind when:
• Visual acuity does not exceed 20/200 in the better eye with correcting
lenses or
• They have a field of vision with a diameter no wider than 20 degrees.
VR may provide optical aids to visually impaired individuals when the aids are
required to participate in rehabilitation services.
R
eferral to Oregon Commission for the Blind:
V
R shall refer all individuals to the Oregon Commission for the Blind (OCB) if
their disability falls within the definition of statutory blindness.
• When individuals meet the definition of statutory blindness or when any
doubt exists, VR shall refer the person to OCB.
• Counselors are encouraged to consult with OCB staff about all participants
with low vision and appropriate accommodation strategies.
• VR may open a joint case with OCB when blindness is not the primary
disability and when the participant can benefit from the services of VR staff.
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For individuals who are blind, all vision‐related rehabilitation services, including
assistive technology, are the sole responsibility of OCB.
If an individual needs such services to become employed, retain or advance in
employment, and such services are delayed because they are on the OCB Order
of Selection wait list, VR should not accept the case.
If an individual needs assistance to work with OCB, refer the individual to the
Client Assistance Program (CAP).
S
hared cases with Oregon Commission for the Blind (OCB):
G
enerally, OCB handles cases of individuals with multiple disabilities, in addition
to blindness. However, OCB occasionally requests that VR agree to a dual case.
VR may accept or decline a dual case.
A case can be opened jointly, after a request from OCB, only if it meets all the
following criteria:
• The individual meets the eligibility criteria for both agencies.
• The individual has multiple rehabilitation needs that are significant in nature
and result in both legal blindness and other physical or mental
disability(ies), and
• VR and OCB determine that there are substantial rehabilitation services
required that are best provided through a cooperative effort involving the
expertise of counselors from both OCB and VR.
In a dual case, VR counselors coordinate closely with OCB to avoid any
duplication of effort or services.
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VR staff does not consider OCB a comparable benefit for non‐vision related
essential services.
Cases served jointly by VR and OCB are served concurrently, according to an
IPE agreed upon by the client, the OCB Counselor, and the VR counselor.
Each counselor is responsible for working within their agency’s rules, policies,
and procedures. At successful completion of the IPE, each program will be
eligible to document a positive employment outcome.
I
nteragency agreements on joint rehabilitation cases:
• All vision-related rehabilitation services, including assistive technology, that
address the individual’s vision-related rehabilitation needs are the sole
responsibility of OCB.
• If either agency is in an Order of Selection, the responsibilities of serving
consumers as described above is not altered. Each agency’s Order of
Selection policy is followed.
• When an individual who has received a Ticket to Work from Social Security
has elected to assign their ticket, the ticket is assigned to the agency that
has the highest projected costs in the individualized plan for employment
(IPE). The agency that holds the ticket elects cost reimbursement and
collects and submits the expenses for case services, administration and
tracking for both agencies. The responsible agency provides the portion of
the cost reimbursement to the other agency that includes case service
expenses and 50% of the administration and tracking costs to the other
agency reimbursed by Social Security.
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Consultation services for low‐vision VR clients:
There may be circumstances in which the professional expertise of staff of the
OCB is necessary to best serve an individual that is not eligible or appropriate for
services directly from OCB. In such a case, counselors may receive consultation
services from OCB on a fee‐for‐service basis.
Consultation services are provided by OCB based on the availability of their
agency’s staff resources. The rates are reasonable and based on actual
expenses.
OCB and VR provide information & referral services without charge to the partner
agency.
Eligibility timelines:
The vocational rehabilitation counselor (VRC) shall make the eligibility
determination as soon as they have documentation that verifies that the
individual meets eligibility criteria. This determination should be made without
waiting for all documentation to arrive.
The VRC shall make eligibility determinations promptly upon receipt of
application, not to exceed 60 calendar days, unless circumstances dictate the
requirement of an extension of eligibility.
Eligibility determination extensions are only used in unforeseen circumstances
beyond the control of the VR Program. The eligibility must be updated through
the life of the file should impairments and/or impediment change.
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Eligibility extensions:
If the VR counselor encounters exceptional and unforeseen circumstances and
cannot determine eligibility prior to the 60th day from the date of completed
application for services, the VR counselor must do the following:
• Inform the individual of the exceptional and unforeseen circumstances
(beyond VR control) that are delaying eligibility determination.
• Obtain agreement from the individual that an extension is necessary and
identify the timeframe in which the eligibility determination will be
completed.
• Complete the eligibility extension page in ORCA to include:
o The reason(s) that necessitate the extension of time required, and
o The individual’s agreement to a specific extension of time.
• The VR counselor must document the discussions, including the rationale
and agreement, within a case note.
• Extensions beyond 90 days or subsequent extensions must be approved
by the branch manager prior to the extension being granted.
Note: Any eligibility determination extensions completed beyond the 60-day
mandate are out of compliance.
First eligibility criterion: presence of an impairment:
The first eligibility criterion is that the individual must have a physical or mental
impairment. A “physical or mental impairment” is any impact or loss of function
directly resulting from a physical or mental disorder, condition, injury, or disease.
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E
stablishing the presence of an impairment:
To
determine eligibility, the VRC must gather and review existing records prior to
authorizing additional assessments including neuropsychological evaluations.
• These records could include existing medical records, education records,
information provided by the individual or the individual's family, counselor
observations and determinations made by officials of other agencies.
VR may use records obtained from previous VR files if they accurately reflect the
individual’s current functioning.
If the existing records are insufficient, or there are no available medical records
or other documentation to substantiate the presence of an impairment, the VR
counselor can authorize the purchase of additional evaluations that may be
needed to determine if the individual has an impairment.
R
equesting records:
Re
quest available, existing records to determine the presence of an impairment
within five business days of applying for services.
D
etermining whether records are current:
E
valuate records based on a thorough understanding of:
• The individual's medical or psychological treatment or both, if any, and
• Significant life events that have occurred since the date of the records.
If the records accurately reflect the individual 's current functioning and
impediments to employment; the VR counselor may consider them current.
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S
cheduling additional assessments:
If
it is determined that additional assessments are required to determine
eligibility, the VR counselor documents the need for these assessments in a case
note.
VR staff then coordinates an assessment appointment within three business
days.
O
bservable impairments:
If
a VR counselor observes an individual’s impairment and can determine that
they have an impairment-related impediment to employment, the first two
eligibility criteria have been satisfied. Medical reports are not required. However,
existing medical documentation may be required to complete an assessment to
develop the individualized plan for employment and assess the level of
impairment.
U
nstable or acute conditions:
A
physical or mental impairment is any impact or loss of function directly resulting
from a physical or mental disorder, condition, injury, or disease.
For conditions that appear to be unstable or acute and may not result in
persistent functional limitations, the VR counselor is encouraged to consult with
their lead VR counselor, VR supervisor, medical consultant, or other VR
specialist.
As a part of these consultations, the reviewer provides information on the
completeness of the medical records and the medical necessity of a procedure.
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The reviewer can also assist with interpreting information on the proposed
treatment and prognosis.
The consultants do not decide whether the individual is eligible for VR services.
The VR counselor is responsible for deciding if the individual is eligible for VR
services and whether the requested or recommended services are within the
scope of VR.
N
o additional assessments allowed when no apparent impairment
exists:
Th
e VR counselor must not purchase evaluations if:
• Neither the individual nor the referral source alleges a current impairment,
and
• There is no evidence of an impairment after the completion of a thorough
diagnostic interview.
D
etermining there is no impairment (ineligible):
If the VR counselor determines the individual does not have an impairment, the
applicant will be ineligible. The VR counselor must do the following:
1. Provide the opportunity for consultation with the applicant.
2. If the applicant accepts the ineligibility determination, no Notice of
Proposed Action (NOPA) is required. However, a closure letter must be
sent.
3. The closure letter needs to include information about other available
community resources or programs to meet the individual's needs.
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4. In the event the applicant does not accept the ineligibility determination,
a NOPA must be sent.
Second eligibility criterion: substantial impediment to
employment:
The second eligibility criterion is that the physical or mental impairment must
constitute or result in a substantial impediment to employment for the applicant.
E
stablishing a substantial impediment to employment:
A
lthough an individual may have an impairment that limits certain functions, there
may not be an associated substantial impediment to employment.
A substantial impediment to employment exists when the impairment and
resultant functional limitations:
• Prevent the customer from obtaining a job consistent with the individual's
abilities.
• Significantly interfere with preparing for employment consistent with the
individual's abilities, and
• Cause the individual to need special help to perform job duties or interfere
with job retention or job advancement.
If an individual’s physical or mental impairment constitutes or results in a
substantial impediment to employment, the individual has a disability for
purposes of the VR services.
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Documenting impediments to employment:
It is the job of a VRC to translate functional limitations into a description of
substantial impediment to employment for the applicant. The counselor utilizes
information from medical records, family, school, employers, or other credible
sources to help establish functional limitations.
Participant self-report should not be used as the sole source of information in
assessing these limitations.
Functional capacities report:
When an individual has a physical impairment, a formal Physical Residual
Function Capacity Report is not required to determine the presence of an
impairment.
The VR counselor may use the functional capacity report to gather information
about an individual’s physical or mental limitations from a treating physician or
evaluating specialist to determine eligibility and/or for completing the vocational
assessment.
If the counselor is not able to determine impediments to employment, they should
consult with their branch manager, a counselor specialist, or a medical or
psychological consultant.
Note: All items checked on the "Functional Loss Indicators" screen in ORCA are
substantiated by documented information in the file.
Resources
Psychiatric/Psychological Evaluation-For
m 729A
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Medical Record Checklist-Fo
rm 729D
Physical Residual Functional Capacities Report-Form 729E
Mental Residual Function Capacity Report-Form 729F
Using medical and psychological consultants:
The use of medical or psychological consultation should be rare.
Consultations are only appropriate where complex medical or psychological
conditions exist and the VRC requires additional information and understanding
of the client’s condition.
VR may, but is not required to, utilize a consultant to:
• Recommend further diagnostic studies and review the results, or
• Clarify and make recommendations when records contain conflicting
statements regarding diagnosis and recommended treatment or when there
is conflicting information regarding functional limitations.
The eligibility should not be comprised solely from the consultant’s report. It is
important for the VR counselor to explain the determination in their own terms.
Note: A medical consultant must be used prior to approving a substantial
medical/psychological plan service. See Physical and Mental Restoration
Services for more information.
Determining there is no impediment (ineligible):
If
the VR counselor determines that the individual does not have an impediment,
the applicant is ineligible. The VR counselor must:
86
1. Provide the opportunity for consultation with the applicant.
2. If the applicant accepts the ineligibility determination, no notice of
proposed action (NOPA) is required. However, a closure letter must be
sent.
3. The closure letter must include information about other available
community resources or programs to meet the individual's needs.
4. In the event the applicant does not accept the ineligibility determination,
a NOPA must be sent.
Third eligibility criterion: requires VR services:
The third eligibility criterion is that the individual requires VR services to prepare
for, secure, retain, advance in, or regain a competitive integrated employment
outcome consistent with the individual’s strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice.
E
stablishing an applicant requires services:
When it is established that the individual requires services it means that the
individual is unable to achieve employment consistent with their abilities and
capabilities without vocational rehabilitation services. Access to vocational
rehabilitation services:
• Has a substantial impact on the individual’s disability and resultant
functional limitations; or
• Reduces the impediment to employment, thus allowing the individual to
prepare for, obtain, retain, regain, or advance in competitive employment
consistent with the individual’s capabilities and abilities, and
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• The individual cannot access these services elsewhere without VR
intervention.
Determining VR services are not required (ineligible):
If the VR counselor determines that the individual does not require VR services
to prepare for, enter, engage in, retain, or advance in a competitive integrated
employment outcome consistent with the individual’s strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice, the VR
counselor must:
1. Provide the opportunity for consultation with the applicant.
2. If the applicant accepts the ineligibility determination, no NOPA is
required. However, a closure letter must be sent.
3. The closure letter must include information about other available
community resources or programs to meet the individual’s needs.
4. In the event the applicant does not accept the ineligibility determination,
a NOPA must be sent.
Primary and Secondary impairments or disabilities:
Primary disability: means the physical or mental disability that causes or results
in the most substantial impediment to employment for the individual.
Secondary disability: means all other physical or mental disabilities that cause
or results in a substantial impediment to employment in the order of the impact to
the individual.
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Establishing the level of significance:
The level of significance refers to the functional capacity of the individual
combined with the level of VR services needed to help reach a competitive
integrated employment outcome.
To be considered as having a significant disability:
• A VR participant must have serious limitations in one or more functional
areas and require multiple VR services over an extended period.
Having a most significant disability means that the VR participant must:
• Have serious limitations in three or more functional areas (for example,
mobility, communication, self-care, self-direction, interpersonal skills, work
tolerance or work skills), and
o Require multiple VR services over an extended period.
o If an individual is an SSI or SSDI recipient, they are presumed eligible
and are considered significant or most significant.
The eligibility must be updated throughout the life of the file should impairments
change, or additional impairments be identified.
The VR counselor’s eligibility determination must explain the reason for the
decision of the level of significance.
R
equired level of significance for certain cases:
The following types of cases must be designated in ORCA as having either a
significant disability or a most significant disability for the life of the case:
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Customers who require trial work services.
SSI/SSDI recipients who are presumed eligible for VR services.
Level of significance and supported employment services:
All participants who require supported employment services must have their
cases designated in ORCA as having a "most significant" disability for the life of
the case.
Level of significance for extended services:
All participants who require extended services must have their cases designated
in ORCA as "most significant" disability for the life of the case.
Trial Work Experience (TWE) plans:
If the VR counselor is unable to determine if an individual can benefit from VR
services because of the severity of their disability, the individual must be
provided with trial work services (TWE). In most cases, the decision to proceed
with a trial work plan should be made before determining whether an individual is
eligible for services.
While providing trial work services, the VR counselor and the individual explore
the individual’s abilities, capabilities, and capacity to perform in realistic work
situations until there is enough information to decide about whether the individual
is eligible for VR services.
The use of a trial work experience (TWE) is rare. Consult with your manager
anytime you believe that a trial work experience may be necessary.
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Requirements for using a Trial Work Experience:
When available information is insufficient to determine whether an individual can
benefit from services because of the severity of that participant’s disability, VR
shall conduct trial work experience(s).
When available information is insufficient to determine whether an individual can
benefit from services because of the severity of that participant’s disability, VR
shall conduct trial work experience(s).
• VR shall develop a written plan to assess periodically the participant's
abilities, capabilities, and capacity to perform in work situations.
• Trial work experiences shall be provided in the most integrated setting
possible, consistent with the informed choice and rehabilitation needs of
the participant.
• Trial work experiences may include supported employment, community-
based work assessments, structured volunteer experiences, job shadowing
and other experiences using realistic work settings.
• Trial work experiences must be of sufficient variety and over a sufficient
period for VR to determine the following:
o There is sufficient evidence to conclude that vocational rehabilitation
services can benefit the individual in terms of an employment
outcome, or
o There is clear and convincing evidence that the individual is
incapable of benefiting from vocational rehabilitation services in terms
of an employment outcome due to the severity of the individual's
disability.
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• As a matter of record, a medical or psychological evaluation is not, on its
own, clear, and convincing evidence for trial work experience.
• VR shall provide multiple trial work experiences as necessary to establish
that an individual is either able to benefit from VR services, or that the
individuals’ disability is unable to benefit from VR services.
o The number and nature of trial work experiences needs to be
determined on an individual basis.
• Trial work experiences must establish clear and convincing evidence and
demonstrate there has been sufficient supports and a variety of work sites
explored to answer that question for each individual case.
• VR shall provide appropriate supports, including assistive technology
devices and services and personal assistance services, to accommodate
the rehabilitation needs of the individual during the trial work experiences.
References:
34 CFR § 361.42-Assessment for determining eligibility and priority for services
34 CFR §361.5(c)(5)
34 CFR §361.5(c)(14)
34 CFR §361.41
34 CFR §361.43
34 CFR §361.44
OAR 582-050-0010(2)-Referral, Application and Eligibility for Vocational
Rehabilitation Services
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Assessment for Individualized Plan for Employment (IPE)
development:
To the extent possible, the VR counselor must use records and data from the
assessment of eligibility and priority for services to determine the employment
outcome and nature and scope of services to be included in the individualized
plan for employment (IPE).
The purpose of this assessment is to determine the employment outcome and
the nature and scope of Vocational Rehabilitation (VR) services to be included in
the individualized plan for employment (IPE). An assessment of the rehabilitation
needs of each eligible individual includes an evaluation of the individual's unique
strengths, resources, priorities, concerns, abilities, capabilities, interests, and
informed choice—including the need for supported employment.
It is expected that the client actively participates in the assessment process. The
VRC must engage the client, to the extent possible, in determining the
assessment activities that lead to an agreed upon employment outcome.
Use of existing records:
To the maximum extent possible, the VR counselor must:
• Use existing records.
• Rely on information from the individual's experiences in an integrated
employment setting or in other integrated community settings, and
• Consider the validity or correctness of the information based on the source
and the VR counselor's knowledge of the individual.
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• Individuals must not be required to participate in unnecessary
assessments, such as a comparable information is available from records
and is sufficient, or
• The assessment did not directly assist with determining the IPE goal, the
VR services available to the individual or both.
Requesting records or assessments:
If additional records, assessments, or both are needed to complete the
vocational assessment, they are requested as soon as the need has been
identified, but no later than five business days.
In addition, the rationale for the assessments is clearly documented in a case
note, including a description of how the information is utilized in the plan
development process.
IPE development and the initial assessment:
The assessment process begins when the individual applies for services, and it
continues until file closure.
The process includes a review of the individual's:
• Personality, interests, interpersonal skills, intelligence and related
functional capacities, educational achievements, work experience,
vocational aptitudes, personal and social adjustments, and employment
opportunities
• Medical, psychiatric, and psychological history, and
94
• Other pertinent vocational, educational, cultural, social, recreational and
environmental factors that affect the individual's employment and
rehabilitation needs.
The assessment is intended to:
•
Cla
rify the individual's vocational interests and aptitudes.
• Assess the marketability of the individual's present and potential skill levels.
• Describe the types of services needed to improve the individual's skills.
• Identify the best use of rehabilitation technology, and
• Identify other needs and issues relevant to VR services.
Assessment documentation:
Throughout the assessment process, the specific details that are gathered and
evaluated by the VR counselor are entered in the case note section as the
analysis and assessment activities are being compiled and completed.
The assessment activities should determine the following:
• Summary of the individual's disabilities and related impediments to
employment.
• Summary of the individual's adjustment to their disability.
• Services recommended that will address specific functional limitations.
• Assessment of the individual's needs for rehabilitation technology.
• Justification for a selected employment goal.
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• Justification for services needed to achieve the employment goal (include
justification for each service and documentation of best value for purchased
goods and services).
• Available resources and comparable benefits.
• Independent living skills that support the employment goal.
• Any relevant legal issues.
• Description of the individual's involvement in, and informed choice
regarding, the selection of services and providers and the individual's
employment goal.
• Educational and vocational history and goals.
• Justification for planned frequency of contact.
• Explanation of the individual's contribution to planned services (if required).
• Any other factors that might impact the individual's participation in services.
• All participant files contain a description and verification of the assessment
activities, if applicable, that justify the determination of the employment
outcome and the services that are included in the individualized plan for
employment (IPE). The description also states how the individual
participated in informed choice in the goal selection.
Additionally, the individual’s file should also include information about:
• The individual's work tolerance.
• The individual's ability to acquire specific job skills.
• The individual's patterns of work behavior.
• Additional medical or psychological evaluations that may be needed to
determine the nature and scope of services.
• Functional assessments conducted in a community-based work setting.
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• Any additional assessments needed to determine:
o The best job placement; or
o The support services to be provided through supported employment
services.
Documentation includes a discussion of all of employment goals that were
considered, as appropriate, and the decision-making process used to select the
agreed upon vocational goal included on the individual's individualized plan for
employment (IPE) as part of the vocational assessment process.
Community-Based Work Assessments (CBWA):
VR may provide community-based work assessments to gain information about
an individual’s ability to work in a competitive integrated work setting.
If the individual receives a wage for the work completed while participating in the
assessment, the counselor shall ensure compliance with wage and hour
regulations. In addition, the counselor must ensure that workers’ compensation is
covered by the employer. If no coverage is available, the counselor must
complete the necessary form to allow coverage for the individual.
If a participant is in an unpaid work setting, the counselor shall document that the
employer is not profiting from the participant’s work, nor is the participant
replacing another regular employee.
Workers Compensation Coverage (SAIF):
The required form (DHS 9878 Monthly SAIF Report) is used to initiate workers
compensation coverage and is found on the OWL.
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This is the form used for recording our SAIF coverage of VR clients who are
completing a community-based assessment in a setting where the employer
doesn’t provide coverage. The SAIF Report is required, when applicable.
This form features an electronic signature so there is no need to print it and sign
it prior to submitting to Central Office. The form does need to be printed and
placed in the individual client file. A separate form must be completed for each
client covered – do not combine client names on one form.
Required assessments:
In some cases, the VR counselor must obtain required documentation and
approval prior to agreeing to the service. This is done to ensure that the proper
VR services are offered.
The following are examples of additional services that may need approval before
they may be included in the individualized plan for employment (IPE).
• Postsecondary Training
• Rehabilitation Technology
• Restoration Services
• Self-Employment
• Vehicle Modification and Purchase
Labor market and career information:
The VR counselor and the individual should also explore the labor market
information as it relates to the individual's employment goal. This information is
available through the State of Oregon Employment Department Quality
Information website: www.qualityinfo.org.
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Determining an employment goal choice for individuals with disabilities involves
the assessment of various factors unique to the individual. Primary employment
factors are considered during an assessment of the individual's vocational
rehabilitation needs.
These primary factors include the individual's strengths, resources, priorities,
concerns, abilities, and capabilities. The employment goal must also reflect the
individual's interests and informed choice to the extent that they are consistent
with the individual's primary employment factors.
In addition, external factors including the general and local economy as well as
local, statewide, and national labor conditions must also be considered to support
an employment goal choice.
To determine the impact of the external factors on the individual's employment
goal choice, labor market research is required. This research is also used to
justify the expenditure of taxpayer dollars to support the goal. The type and
extent of labor market research needed varies depending on the following:
• Occupational area being considered.
• Level of sophistication of the position being pursued (service, clerical,
professional, technical, or managerial)
• Actual qualifications required in the occupational goal area.
• Area of the state in which employment is considered (rural vs.
metropolitan), and
• Consideration of employment needs revealed during the assessment of the
individual's primary employment factors.
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Likewise, there will be variation in the level of counselor and client involvement in
this process depending on these factors and particularly the abilities and
capabilities of the eligible individual.
The VR Program expects each individualized plan for employment to include
data that supports the employment goal choice for that individual. The data
includes the general labor market factors for the goal choice as well as any
concerns or variables relating specifically to the eligible individual.
L
abor market data:
Da
ta included in the labor market research supports the individual's employment
goal choice while ensuring the availability of employment in the individual's
geographic location.
If employment in the goal of choice is not available in their local labor market, the
individual must be willing to move to a geographical area that supports this
employment goal option and have the financial means to support this move.
Position requirements:
To
determine if an individual is qualified for a position and the nature and scope
of services that may be required to prepare for a position, the research should
address required qualifications including education (diploma or degree), technical
training, certifications, and experience.
This information should include whether the employer is willing to substitute
experience for training or if there are other ways to mitigate the education or
technical requirements.
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Preferred qualifications should be listed as well, especially if the occupational
goal has limited openings and competition is expected to be greater.
Physical and mental demands should be addressed as they pertain to the eligible
individual. Specific knowledge, skills and abilities needed to perform essential job
duties should be noted. Interpersonal skills and communication requirements
should be addressed.
Working conditions:
Various factors should be documented as appropriate for the eligible individual.
These include the availability of part time versus full time employment, shift
schedules, indoor versus outdoor work, environmental quality factors, pressure to
produce, level of supervision, whether there are natural supports, amount of
interpersonal contact required, and other conditions or hazards innate to the
working environment.
Current and projected openings:
Each employer survey should include current openings as well as projected
openings and the location of the openings. Projected openings are especially
important when considering a longer-term training program and labor markets
that may be susceptible to a volatile economy.
A salary and compensation package can be addressed when the individual
considers this an important part of the decision-making process.
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Individual employment factors:
As appropriate for each eligible individual, the labor market survey should
address specific information and concerns as appropriate to address the
individual's primary employment factors.
These might include but not be limited to the individual's learning style, the need
for job coaching or long term supported employment, the need for job
accommodations, the ability to drive or use transportation required for the
position, and their criminal history.
Other factors that may impact the choice of an employment goal:
The individual's life circumstances, and personal history can significantly impact
the choice of an employment goal.
If an individual is interested in an employment goal that requires a license or a
criminal history check, assess the ability of the individual to meet those
requirements before the individualized plan for employment (IPE) is completed.
The VR counselor cannot agree to an employment goal on the individual's IPE if
the individual will not meet the employment requirements after the provision of
VR services.
Impact of criminal history on employment outcome:
Request a Criminal History Check (CHC) after an eligibility determination has
been made:
• At the individual's request, if an individual has reported to the counselor
difficulty in obtaining employment due to a history of felony conviction or
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• Prior to signing an individualized plan for employment (IPE), if an individual
wants to work in an occupation that requires a license or other credential
and they do not hold a valid license or credential in that occupation.
Provide the individual with information about the impact of certain criminal
offenses on whether the person will be eligible to obtain the required credentials
or licensing to engage in specific employment outcomes.
Do not select as an employment outcome any occupation that the individual
cannot pursue due to their criminal history.
Criminal history checks for clients:
Discussions with the client takes place prior to conducting a background check.
The counselor decides if it is necessary to conduct a background check to
assess appropriate employment opportunities.
Determine which vendor you will use; Background Investigations, Inc. (BI), the
Oregon State Police, and your local law enforcement agency are options to
complete this activity. VR staff may give a copy of this report to the consumer if it
is requested.
VR staff may not provide anyone else with a copy of the criminal history;
however, the VR Counselor may list the type of offense and date of a criminal
conviction(s) on the referral form to a job developer or other professional on a
“need to know basis”. Criminal convictions are a matter of public record.
It is against policy to request criminal background checks from a third party such
as a job developer.
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Evaluating and documenting criminal history results:
To document a Criminal History Check (CHC) in ORCA the VR counselor:
1. Enters a case note explaining the counseling and guidance offered to
the individual about selecting their employment outcome and obtaining
a CHC before the individual and the VR counselor agree to the content
of the individualized plan for employment (IPE).
2. Enters a case note confirming that a Criminal History Check (CHC) was
requested using the procedure indicated and why it was requested.
3. After the results are received, discusses the implications of the CHC
results with the individual.
4. Documents how the implications of the Criminal History Check (CHC)
affect the selection of the employment outcome. Do not cut and paste
or otherwise include the specific details including the dates and types of
convictions obtained from the CHC in the case note.
Criminal History Check (CHC) reports are often incomplete and difficult to
interpret. For assistance, seek guidance from your Branch Manager or Regional
Manager.
Should the VR counselor determine that an individual's criminal history precludes
the individual from obtaining a credential or licensing, the VR counselor must
notify the individual of the determination.
Note: Should the individual disagree with the VR counselor’s determination, a
notice of proposed action (NOPA) may be required.
See the Business Procedure Manual for further information on how to obtain a
criminal history check.
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Considerations for employment in marijuana and hemp
industries:
Marijuana:
Ma
rijuana remains illegal under federal law. The Oregon Vocational
Rehabilitation Program uses federal dollars that cannot be used to fund projects
that involve the sale or distribution of substances illegal under federal law.
Individuals can pursue this employment independent of Vocational Rehabilitation
services. There are no exceptions to this directive.
H
emp:
He
mp has a very specific definition and should not be confused with marijuana or
cannabis, which continues to be an illegal federal Schedule I drug. VR is not
prohibited from supporting employment in an industrial hemp business.
Active registrations or licensing for hemp manufacturing
Th
e Oregon Hemp Program website has a growing amount of information about
this industry.
Active business licenses in the Oregon Hemp industry can be searched at this
we
bsite.
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Reference:
34 CFR 361.5(c)(5)
Eligibility to work in the United States:
An individual’s eligibility to work in the United States should not be considered as
a factor when determining an applicant’s eligibility for VR services.
Individuals seeking Vocational Rehabilitation services must demonstrate their
eligibility to work in the United States prior to the individual entering an
individualized plan for employment (IPE).
If an individual is unable to demonstrate authority to legally work in the United
States, the file must be closed.
D
ocumentation of eligibility to work in the United States
V
erification of employment status is accomplished by using the eligibility criteria
established in the U.S. Citizenship and Immigration Services Form I-9
(Employment Eligibility Verification).
A copy of documents used to determine a c
lient’s employment eligibility must be
included in the client case file record.
D
eferred Action for Childhood Arrival (DACA):
V
R may serve individuals who are in the Deferred Action for Childhood Arrival
(DACA) Program during the period valid on their Employment Authorization
Document.
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DACA recipients are provided an employment authorization document (EAD or
INS Form I-766) that permits the individual to work within the United States. VR
recognizes this document as a legal authorization to work and permits individuals
who are eligible to participate in the VR Program.
When working with DACA recipients, the VR counselor must also be aware of
some important considerations. There is potential for rapid changes in what is
considered permissible under the DACA Program. These changes could result in
the termination or reduction of services for VR clients that are DACA recipients.
DACA eligibility for employment:
The DACA recipient’s authority to work in the United States is only valid up to the
expiration date on the Employment Authorization Document. Eligibility to work in
the US is a requirement for VR services. VR services may only exist up to that
date of expiration. No exceptions are allowed.
DACA clients - providing services in the individualized plan for
employment (IPE):
The Program recognizes that this may create challenges for clients who have
long term support needs or are pursuing extended educational goals. Under
current guidance, individualized plan for employment (IPE) services must be
completed prior to the expiration date of the individual’s employment
authorization document (EAD).
Any education or training services in the client’s plan must be projected to be
completed, and the client finished with the IPE service(s), prior to the
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Employment Authorization Document expiration date. This includes DACA
individuals enrolled in the Inclusive Career Advancement Program (ICAP).
• DACA clients that are entering into an education or training plan must have
a reasonable expectation that the schooling, training or both will be
completed, and the client successfully placed into their employment goal
prior to the expiration of their employment authorization document (EAD).
Extension of DACA eligibility:
The date of expiration on the employment authorization document is the end of
eligibility for VR services. While there is a reasonable expectation that the client’s
DACA status will be extended, the date of expiration must be treated as the end
of services.
Should a client receive an extension on their DACA eligibility date, a new
individualized plan for employment (IPE) must be written to reflect this change.
Services may not be extended or cross over the eligibility periods. A new IPE
must be complete within the current eligibility period.
• Counseling and guidance or information and referral may continue as
needed. Services with a completion date or a beginning date and an ending
date must be completed during the new IPE that coincides with the DACA
eligibility dates.
• For example, training, education, certifications, or other time-limited
services must start and end within the current eligibility period for the DACA
eligible participant.
DACA legal protections and occupations:
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In most instances, DACA recipients have the same legal employment protections
as any other eligible worker. However, a DACA recipient may not hold jobs in the
federal government or work on jobs supporting federal contracts.
Any potential restrictions must be considered when helping the client determine
their employment goals. There may be additional restrictions in some other fields
and care should be taken to research any potential DACA stipulations prior to
agreeing to an employment goal.
Due to the fluid nature of the DACA Program, each case should be examined
independently as information about this program may change without notice.
D
ACA ineligibilities for federal student loans:
DA
CA recipients are not eligible for federal student loans. Thus, they are not
required to apply for Free Application for Federal Student Aid or FAFSA when
their employment outcome requires a VR education plan. VR counselors are
asked to case note this exemption when developing the client’s plan.
DACA recipients are eligible for other types of loans, scholarships, and work-
study programs. Clients who pursue an employment outcome that requires an
educational plan should contact the post-secondary institution’s financial aid
office to determine what forms of financial assistance are available.
Note: All notice of proposed action (NOPA) procedures apply to DACA
recipients.
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Expenditures allowed while determining eligibility to work in the
United States:
Expenditures necessary to determine an applicant’s eligibility for VR services
may be approved without having a client verify their eligibility to work in the
United States.
Expenditures for assessments, evaluations or other items used for a client’s plan
development may not occur prior to verifying the client’s eligibility to work in the
United States.
Vocational Rehabilitation is not authorized to pay for services to assist the client
in obtaining eligibility to work documentation.
Plan development extensions while determining eligibility to work
in the United States:
Vocational Rehabilitation counselors should consider closing files rather than
requesting a plan development extension unless:
• The client can provide supporting documentation showing that they have
an authorization to Work in the United States, or,
• The client has applied for and is expecting a resolution to their eligibility
status from the United States Citizenship and Immigration Services
(USCIS) within the next ninety days.
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No authority to legally work in the United States:
Clients eligible for VR services who are unable to meet employment eligibility
requirements should be closed prior to placing the individual into an
individualized plan for employment (IPE).
Closure process for client ineligible to work in the United States:
If
the VR counselor determines the individual does not have legal authority to
work in the Unites States, the VR counselor must do the following:
• Provide the opportunity for consultation with the individual.
• If the individual accepts the determination, no NOPA is required. However,
a closure letter still needs to be sent.
• The closure letter will need to include information about other available
community resources or programs to meet the individual 's needs.
• In the event the individual does not accept the determination, a NOPA must
be sent.
References:
34 CFR 361.42: State Vocational Rehabilitation Services Program- Assessment
for determining eligibility and priority for services.
USCIS Form I-9: Employment Eligibility Verification
Financial Needs Test (FNT):
Unless exempt, individuals shall participate in the cost of certain vocational
rehabilitation services. To ensure that financial participation is not a hardship
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(and thus a barrier to services) and that the policy is applied equitably,
participants shall provide the necessary information for VR to complete a
Financial Needs Test (FNT).
The counselor must inform each applicant that a financial needs test is required
and must be reviewed annually or more often if substantial changes (whether
positive or negative) occur in the participant’s or the family unit’s financial
situation.
The financial needs test does not affect eligibility for VR services. The financial
needs test is completed as part of the IPE development process. It must be
completed prior to plan signature and implementation to allow the participant an
informed choice in how any mandatory contribution may be applied toward plan
services.
Counselors complete the financial needs test for each participant, whether
exempt or not, and retain it and any supporting documentation in the case file.
Participants exempt from client financial contribution
requirements:
The following individuals are exempt from financial contribution
requirements:
• A
ny individual who has been determined eligible for and is currently the
recipient or beneficiary of Social Security Benefits under Title II (Social
Security Disability Insurance (SSDI)) or Title XVI (Supplemental Security
Income (SSI)) of the Social Security Act
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• Recipients of needs-based public assistance programs including Self-
Sufficiency cash benefits, the Oregon Health Plan (OHP), the Temporary
Assistance for Needy Families (TANF) Program and the Supplemental
Nutrition Assistance Program (SNAP)
• Individuals who are unhoused or transient.
Services exempt from client financial participation:
The following services are exempt from client financial participation:
• A
ssessment for determining eligibility, vocational rehabilitation needs, or
priority for services, including assessment by personnel skilled in
rehabilitation technology.
• Vocational rehabilitation counseling and guidance, including information
and support services to assist an individual in exercising informed choice.
• 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 investment system and to advise
those individuals about client assistance programs.
• Job-related services, including job search and placement assistance, job
retention services, follow-up services, and follow-along services.
• Personal assistance services provided by one or more persons designed to
assist an individual with a disability to perform daily living activities on or off
the job that the individual would typically perform without assistance if the
individual did not have a disability.
• Auxiliary aids or services required to participate in the Vocational
Rehabilitation Program, such as interpreter services including sign
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language and oral interpreter services for individuals who are Deaf or Hard
of Hearing; or tactile interpreting services for individuals who are Deaf-
Blind.
Reference:
34 CFR 361.54(b)(3)
Participation of individuals in cost of services based on
financial need.
Determining individual financial contribution with the financial
needs test:
If the individual or their family choose not to share information about their income
as part of the calculation of the client financial participation, an annual,
mandatory individual contribution of $3,500 shall be established, not to exceed
the annual cost of non-exempt services to the Program.
The maximum contribution is the lesser of the amount determined by the
contribution formula (OAR 582-070-0030(f)(F))
or $3,500 annually.
Under the financial needs test, individuals with an annual family income of less
than 300 percent of the federal poverty guidelines are not subject to client
financial participation.
Staff will use the Financial Needs Test (FNT) Calculator to determine the client’s
expected participation amount.
• The FNT contribution calculations are updated annually based upon the
federal poverty level determinations.
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• The FNT is typically updated in January of each year depending on when
the federal poverty level is determined.
• A client’s contribution will not exceed the annual cost of non-exempt
services to the Program.
Definitions used in FNT calculations
The Program uses the following definitions related to calculating the client’s
financial participation:
“Disability-related expenses” means non-reimbursed deductions excluded from
individual’s income for the purpose of determining the client’s financial
participation. These include, but are not limited to:
• Medical expenses (including co-payments)
• Therapeutic treatments.
• Specialized equipment.
• Specialized care.
• In-home care.
• Loss of work time.
• Access to resources that impact where they live and work.
"Family income" means the income from the individual, the spouse of the
individual if residing with the individual and includes parental income if the
individual is under 26 and living with a parent.
"Federal poverty guidelines" means the current poverty guidelines of the
United States Department of Health and Human Services.
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"Income" means the adjusted gross income from the most recent federal tax
return.
“Participant contribution rate” means the payment rate that Program
participants shall contribute, if a contribution is required.
"Size of the family unit" means, for the purpose of selecting the appropriate
federal poverty guideline, those family members residing with the individual or
claimed on federal taxes as dependents.
Financial Needs Test (FNT) extenuating circumstances:
A hardship waiver shall be considered:
• When the counselor identifies other information related to the individual's
financial situation that negatively affects the individual's ability to participate
in the cost of the rehabilitation program, or
• If requiring the expected financial contribution will result in undue delay in
the rehabilitation program, or
• In determining whether to make an adjustment for hardship, the VR
Program may consider the individual's current income and the reasons for
the request. If the hardship justifies an exception, the VR Program may
delay or waive all or part of the individual's financial contribution.
To request a hardship waiver the counselor shall do the following:
• Provide the individual’s documentation of the reasons for the hardship
waiver to the counselor’s supervisor.
• Obtain written approval of their supervisor, and
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• Maintain both the documentation of circumstances and written approval in
the case service record.
All authorizations for services must meet the rehabilitation needs of the individual
and shall be of the most reasonable and satisfactory quality at the lowest
available cost.
Least cost considerations:
All authorizations for services must meet the rehabilitation needs of the individual
and shall be of the most reasonable and satisfactory quality at the lowest
available cost.
Voluntary upgrade, enhancement, or optional features:
If an individual prefers an upgrade, enhancement or optional feature that results
in a higher cost but is not required to satisfy the rehabilitation needs that justify
the expenditure, the VR Program may agree to allow the individual to pay the
difference in cost of the item or service.
• In this situation, payment is required regardless of any exempt status that
might apply to the individual or item, and
• Any payments by the individual in this situation do not count toward any
applicable mandated client financial participation.
References:
34 CFR §361.54 Participation of individuals in cost of services based on financial
need.
OAR 582-070-0
030(2) Limitations to payment
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Individualized Plan for Employment:
The development and implementation of the individualized plan for employment
(IPE) is a sequential process extending from application through closure.
The basic elements of the IPE outline the nature and scope of Vocational
Rehabilitation services required to help the individual reach a specific
competitive, integrated employment outcome consistent with their unique
strengths, resources, priorities, concerns, abilities, capabilities, and interests, and
to help them exercise informed choice.
In the development of an IPE, the VR counselor will provide routine counseling
and guidance. This includes information and support services to assist the
participant in exercising informed choice regarding the employment outcome and
nature and scope of services given the individual’s unique employment factors.
This routine counseling and guidance are differentiated from substantial
counseling and guidance. Substantial counseling and guidance are a plan
service that, by definition, constitutes a focused or goal-specific therapeutic
approach to address a substantial barrier to employment as identified in the
eligibility determination.
The IPE must include all substantial and secondary services necessary for the
individual to reach the identified employment outcome. Each IPE must provide at
least one substantial service.
Each IPE must also include job placement and retention services and strategies.
When not using job contract services for this purpose, placement and retention
strategies must be identified in the individualized plan for employment (IPE) so
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the participant understands their responsibility for obtaining and maintaining
employment.
Each service in the IPE must include a description to show its necessity to reach
the agreed upon employment outcome, including the necessary services that
address the individual’s impediments to employment.
The VR counselor must carefully review the published policies and procedures
for each service before including it on the individual's IPE.
The employment goal may be:
• Full-time.
• Part-time employment, including intermittent, seasonal, or temporary.
• Supported employment.
• Self-employment.
• Telecommuting/remote, or
• Any other type of employment in a competitive integrated setting.
Regardless of the type of employment, the employment goal identified on the
individual's IPE must be clearly supported by the information in the vocational
assessment and consistent with the individual's informed choice.
Individualized plan for employment (IPE) process:
The IPE is developed with the individual or, as appropriate, with the individual's
representative and in their native language or mode of communication.
An eligible individual or, as appropriate, the individual's representative may
develop all or part of the Individualized Plan for Employment. VR does not pay
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for assistance with IPE development from outside entities, organizations, or
individuals.
The IPE must be approved by a VR counselor and must include all required
content.
Before asking the individual to sign the IPE, the VR counselor must explain:
• The responsibilities of the individual to fulfill the requirements of the IPE as
outlined.
• The terms and conditions for the delivery of services, including the start
and end dates of the services.
• Any financial commitment to the plan, including the exploration and use of
comparable benefits.
• The individual's right to appeal, and
• The availability of the Client Assistance Program.
Before signing the IPE, the VR counselor reviews the hardcopy file to ensure all
required documentation has been obtained, such as:
• Financial documents
• Signed release of information forms
• Employment authorization documents, and
• Identity documents.
Note: VR may purchase client identification if the individual is unable to obtain
these items on their own. This includes the ability to purchase photo
identification, birth certificates or other vital records.
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• This authorization to purchase identification does not extend to assisting
individuals with efforts to obtain citizenship.
• Positive client identification must be made prior to entering the individual
into plan. Prior to plan, VR may work with an individual under the
reasonable assumption that they are who they represent themselves to be.
A copy of the VR Dispute Resolution Rights must
be given to the individual at
every step in the VR process: application, eligibility, individualized plan for
employment (IPE), notice of proposed action (NOPA) and closure. VR staff must
document the date and method that the information was provided, offered or
both.
Once signed by the individual and the VR counselor, a copy of the IPE or any
subs
equent IPE amendments must be signed and provided to the individual.
Timelines for developing the IPE:
The IPE must be completed as soon as possible, but no later than 90 days after
the individual has been determined eligible for VR services.
Extension of time for IPE development:
The use of a plan development extension should be rare.
If the VR counselor and individual are unable to complete the IPE within 90 days
after the date that eligibility is determined, the VR counselor must do the
following:
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• Discuss with the individual the reasons that the development of the IPE
requires additional time to complete, and when the IPE is expected to be
completed.
• Obtain agreement from the individual for the IPE development extension.
An IPE development extension must be agreed to by the VR counselor and
the eligible individual.
o If the eligible individual does not agree to an IPE development
extension, the VR counselor must discuss the impact of the lack of
agreement.
o If no agreement is reached, a notice of proposed action (NOPA) for
file closure must be sent.
• If agreement is reached, complete the plan development extension in
ORCA, to include:
o The reasons that extension is required, and
o That the individual agrees with the extension, and
o The expected time for completion.
If an IPE development extension is necessary and agreed to by the client, it must
be completed within 90 days of the eligibility determination, or the extension will
be out of compliance.
When completing an IPE development extension, the file must document the
steps needed to complete the IPE. The requested extension of time must align
with the required activities needed to complete the IPE.
• IPE development extensions need to be substantiated with evidence of
agreement, such as a signature on an extension form, or an email from the
participant.
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IPE development extensions when unable to contact the client:
If the VR counselor cannot contact the individual to obtain an agreement to
complete the plan development extension by the 90th day, the VR counselor
completes the plan development extension and leave the client’s signature block
unsigned.
A NOPA should be completed based upon the Program’s inability to contact the
client.
• This extension clearly states that the individual is not available for services
and that case is moving towards closure in accordance with the
requirements of a NOPA.
• Follow the NOPA process which includes providing the opportunity for
consultation with the individual and referrals for other community resources
that may be best suited to meet their rehabilitation needs.
Youth considerations - IPE requirements for transition-age
students:
Plans are developed as early as possible during the transition planning process
but no later than the time a student with a disability, eligible for Vocational
Rehabilitation services, leaves the school setting. This consideration applies only
to students.
One example of how individualized plans for employment (IPEs) are unique for a
student or youth with a disability is in accordance with 34 CFR 361.46(a)(1)
. IPEs
for these individuals may use a projected post- school outcome. Services are to
explore options and narrow the employment outcome.
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Note: All policies, timelines, and regulations related to individualized plan for
employment (IPE) development, documentation, and amendments apply to
working with students and youth with disabilities, this includes the requirement for
IPE development.
Content of the individualized plan for employment (IPE):
Each IPE must contain federally mandated elements. These elements are
described as they appear in the plan layout format within ORCA.
ORCA section 1: general information
•
A p
lan number (for each new plan written, the numbering increases
incrementally for the individual case)
• Signature/start date (this is the official start date of plan services and is no
earlier than the date of the client’s signature on the IPE), and
• Expected plan end date.
• The dates of service on the IPE should clearly reflect the total time it will
take the individual to complete all IPE services, reach the identified
employment goal and meet the requirements for successful case closure.
Indicate if the following apply to the IPE and plan services:
• If it is customized employment
• If it is supported employment plan, or
• If it is a self-employment plan.
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Employment goal:
Choose the list options that best align with the findings of the vocational
assessment completed with the individual. These findings should be supported in
the context of the primary employment factors in the narrative boxes. These
narrative boxes should clearly demonstrate and define the rationale to support
the employment outcome and services within the IPE.
The following boxes are required and serve as the foundation for the employment
outcome and plan services:
Interests:
• Why and how did they choose this goal?
• What do they love or want to do for work?
• Hobbies?
Concerns:
• What are the client’s concerns about working (childcare, safety issues,
transportation, having enough experience, etc.)?
Priorities:
• What are the client’s priorities (working as soon as possible, career
advancement, wage level, working in a certain occupational area,
geographic area, etc.)?
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Resources/supports:
• What resource or support systems does the person have that will help them
obtain or maintain employment (family, friends, church group, other
agencies, public benefits, income source, etc.)?
Strengths, abilities, capabilities, and transferable skills:
• Each of the above factors should be evaluated and analyzed to support the
agreed upon employment outcome and plan services.
• What skills or soft skills does this person bring to this vocational goal?
• What are they very good at and enjoy?
• What skills have they used on other jobs that will help them in this goal?
• Discuss labor market information job characteristics.
For more information, see Labor market and career information
.
• What steps are needed to reach the employment goal?
• Describe the steps in the vocational rehabilitation process that are
necessary for the individual to reach a competitive integrated employment
outcome. They must have a clear cause-and-effect relationship with the
employment goal identified on the IPE.
• Describe the actions the client must complete or matters they must address
to achieve the employment goal and successfully complete VR services.
An example is no-cost services as discussed in the eligibility such as
mental health treatment, housing and childcare.
• Include strategies to develop the skills, abilities or other key attributes
needed for the individual to progress in rehabilitation planning.
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Youth considerations when selecting employment goals:
Youth or students may be uncertain about their employment goal. VR transition
services can be used to help explore options and narrow their employment focus
and goal. The employment goal and narrative may be a description of the
individual's projected post-school employment outcome.
The individualized plan for employment for a student with a disability must be
coordinated with the individualized education program or 504 services, as
applicable, for that individual in terms of the goals, objectives, and services
identified in the education program.
While the student is receiving transition services, they may also receive pre-
employment transition services (Pre-ETS), for example, receiving coaching
services while receiving work-based learning. In this case, the VR Counselor can
charge the coaching services to Pre-ETS funds.
Note: A youth’s employment goal may change frequently throughout their time
with VR. This is not unexpected and is okay.
ORCA section 2: planned services
New plan service/service description
• Plan number (autogenerated by ORCA)
• Service number (autogenerated by ORCA)
• Service Category (select from dropdown list).
• Service Subcategory (if applicable, select from the appropriate list)
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Plan description narrative box:
The narrative box must be completed and contain a description of individualized
rehabilitation services needed to reach the IPE goal. This description should be
specific and measurable. To ensure that your description meets documentation
standards, the use of the SMART goal method is recommended.
Specific
A specific goal answers questions such as the following:
• What objective n
eeds to be accomplished with this
service?
• Why is this service required?
• Who is responsible and for what specifically?
• What steps will you take to achieve it?
Measurable
A
SMART goal must have criteria for measuring
progress. If there are no criteria, you
will not be able to
determine your progress and if you are on track to reach
your goal. To make a goal measurable, ask yourself:
• How many or how much?
• What are the indicators of progress?
• How will the VR counselor know when to stop the
service?
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Achievable
A SMART goal must be achievable and attainable. This
helps you figure out ways you can realize that goal and work
toward it.
• How can the goal be achieved?
• Is the goal realistic given the primary employment
factors?
Realistic A SMART goal must be realistic. This means that the goal
can be achieved given the available resources and time. A
SMART goal is likely realistic if you believe that it can be
accomplished.
Questions to ask:
• Is the goal realistic and within reach?
• Is the goal reachable, given the time and resources?
• Is the participant able to commit to achieving the goal?
Time-based A SMART goal must be time-bound in that it has a start and
finish date. If the goal is not time-constrained, there will be
no sense of urgency and, therefore, less motivation to
achieve the goal.
Questions to ask:
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• Does your goal have a deadline?
• When do you want to achieve your goal?
Es
timated start date:
Enter the date that the service is expected to begin as the actual start date. This
corresponds with the timeline of plan service activities.
M
y chosen provider:
The individualized plan for employment (IPE) must include the name of the
provider or entity that will provide the service listed on the IPE. The only
exception to this requirement is when there is a required bidding process, and
the vendor is unknown. In that case list "State Bid Process/Purchasing.”
Note: the provider of the service must be an approved active vendor prior to
authorization.
E
stimated service costs:
• P
articipant (indicate any participant cost to be allocated for this service, this
amount could be a voluntary or a mandatory contribution)
• Others/comparable benefit (indicate any cost available through a
comparable benefit or provided by other sources)
• Agency (indicate any estimated agency cost)
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• Source to be determined (indicate any cost that has no identified source of
funding; this should be used sparingly with a discussion in the narrative of
what steps are needed to explore/secure funding), and
• Total service (ORCA will automatically tally all the estimated service costs
and display)
S
ource of comparable benefits:
Ch
oose the option that aligns with the available comparable benefit amount listed
above for the specific plan service. If there are no comparable benefits available,
select “None”.
S
ervice provided solely by comparable benefits:
S
elect yes or no.
S
ervice comments narrative box:
Th
is narrative box is an opportunity to define measurable criteria that is specific
to the identified service. Measurable criteria are required to evaluate progress
towards the plan service and employment.
Measurable criteria define what the participant needs to complete and the
timeframe in which to complete it.
This is one of three areas where measurable criteria can be defined.
Total costs of all planned services:
• O
thers/comparable benefit.
• Agency.
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• Source to be determined.
• Total plan.
ORCA automatically tabulates all estimated costs.
Describe the participant responsibilities towards the cost of the
plan and securing comparable benefits:
Identify any financial responsibilities required of the participant towards the cost
of their plan as calculated by the Financial Needs Test.
• In addition, describe any comparable services and benefits that the
customer has or has agreed to seek.
• Clearly describe the individual’s responsibility to apply for and maintain
eligibility for comparable benefits, such as Pell grants.
O
RCA Section 3:
P
articipant responsibilities options:
• Select any participant responsibilities that apply based on any plan
services.
Participant responsibilities narrative box:
Th
e roles and responsibilities of the individual must be worded clearly in
objective, measurable statements on the individual’s individualized plan for
employment (IPE).
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This narrative box is an opportunity to define measurable criteria that give the
individual the information they need to make progress toward their employment
outcome.
Measurable criteria are required to evaluate progress toward employment. This is
one of three areas where measurable criteria can be defined.
Measurable criteria outline what the participant needs to complete and the
timeframe in which to complete it.
C
riteria for evaluating progress towards my (participant) employment
goal:
If you have not identified measurable criteria within each plan service or in the
participant responsibilities narrative, you must identify measurable criteria here.
Measurable criteria outline what the participant needs to complete and the
timeframe in which to complete it.
Criteria also need to define the frequency that the VR counselor or VR staff
maintains contact with the individual. This contact may vary based on the
individual’s circumstances, needs and plan services. However, minimally,
substantive contact needs to occur and be documented every 30 to 45 days and
outlined as a measurable criterion for the individual.
Other comments printed on plan:
Us
e this narrative box to discuss any other relevant information not listed
elsewhere in the plan.
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Signatures:
An individualized plan for employment (IPE) is not considered valid unless it is
signed by the individual or, as appropriate, the individual’s representative, and
approved and signed by a qualified VR Counselor employed by VR. Under no
circumstances does the IPE or IPE amendment take effect or allow for payment
of any service until it is agreed to and signed by the individual or the individual’s
representative and the VR Counselor.
The VR Counselor provides the individual with information about dispute
resolution and rights and responsibilities at the time the IPE is signed. The IPE
reflects that the individual has been provided this information.
Plan follow-up:
Regular contact with participants has been demonstrated to increase the
likelihood of an employment outcome. The expectation for the VR counselor is to
maintain regular, meaningful, and substantive contact with the participant that
takes place every 30 days.
Contact enables the VR counselor to determine progress toward plan objectives,
whether services have been provided, and if participants are satisfied with those
services. Follow-up can be in person or by phone, email, written report, or other
manner established by the VR counselor with participant agreement.
When regular, meaningful, and substantive contact has occurred, the annual plan
review is an opportunity to review the body of work and identify any corrective
action that may be required.
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Annual reviews:
The IPE is reviewed at least annually by the VR counselor and the participant or,
as appropriate, the participant’s representative to assess the participant’s
progress in achieving the identified employment outcome. The individualized plan
for employment (IPE) review must be completed annually from the start date of
the IPE unless a plan amendment is completed.
A plan amendment resets the clock for the next annual review.
The Annual Review is completed with the participant and, as appropriate, their
representative, to do the following:
• Review the details in the current IPE or amendment.
• Review and update release of information (ROI) forms.
• Complete and update the Financial Needs Test (FNT); verify that all
mandatory contributions were applied as set forth in the individualized plan
for employment (IPE) and apply any additional mandatory contributions
required or agreed to by participant for the upcoming plan services.
• Review and update all educational records to reflect measurable skill gain
or credential attainment, as appropriate.
An
nual review documentation:
Wh
en completing the annual review in ORCA, the VR counselor must include a
specific review of all required elements of the IPE, including a review of the
progress made toward reaching the employment goal. This includes a review of
the:
• Employment goal
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• Educational goal, if applicable
• Progress toward completion of all planned services and goods, including
providers and service dates (if the service has been successfully
completed, indicate this as well)
• Comparable benefits
• Customer participation in cost of services (financial needs test), and
• Roles and responsibilities.
If the annual review does not result in substantive changes in the employment
goal, the VR services to be provided or the providers of the VR services, an
amendment is not required.
Include a statement in the Annual Review to confirm that both the participant and
VR counselor agree that no changes are needed.
If the annual review results in substantive changes in the employment goal, the
VR services to be provided, or the providers of the VR services, then an
individualized plan for employment (IPE) amendment is required.
Plan amendments:
The IPE is amended by the individual or, as appropriate, the individual’s
representative, in collaboration with the VR counselor if there are substantive
changes in the following:
• Employment outcome
• The VR services to be provided, or
• The providers of the VR services (if it will significantly alter the service or
affect the dates of the service).
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A substantial change to the employment goal occurs when there is a change to
the Standard Occupational Classification (SOC) job family identified in the first
two digits of the SOC code.
The amendment must be completed before the dates of services on the current
IPE have expired.
Content of the IPE amendment:
The IPE amendment, or “new plan,” is a standalone document that captures the
goals and services the individual will need to continue to progress toward a
competitive integrated employment outcome.
Each plan amendment will be captured chronologically in ORCA.
Document the justification for any changes to the employment outcome, services,
providers, or other content to be included in the IPE amendment.
Document justification for any additional services needed to achieve the
employment outcome and reference any deleted service, including justification of
why the service is no longer required to meet the specific employment outcome.
Use the narrative boxes within Section 1 of the new plan layout in ORCA to
complete the required documentation, and as needed to support the new plan.
As with all IPEs, this new amended plan must be signed by both the VR
counselor and the individual or their representative. No services may be provided
until the appropriate signatures are obtained.
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Plan revisions:
A plan revision is a minor change to an existing IPE. Revisions include:
• Adding a no-cost service
• Extending the time for an existing service for which there is rationale to
uphold the extension.
• Adding funds to an existing service for which the participant is making
satisfactory progress, or
• Adding a service that does not constitute a substantive change as outlined
above as a plan amendment.
Complete the plan revision in ORCA using the new revision layout.
• If adding a new service, ensure that all required documentation is provided,
including a description of the service, dates of service, vendor,
costs/comparable benefit, and measurable criteria.
• If adding funds to an existing service, ensure and document that the
participant is making progress as outlined in the IPE.
The counselor shall document the participant's agreement to a revision. A
participant’s signature is required for all plan revision prior to VR providing the
service.
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References:
34 CFR 361.45
34 CFR 361.46
34 CFR 361.5
Employment definitions and classifications:
The Workforce Innovation and Opportunity Act (WIOA) defines competitive and
integrated employment as being either full- or part-time.
In the final regulations, discussion sections clearly state that any configuration of
part-time (seasonal, temporary, on-call, intermittent) is considered. This was
done with the stipulation that all definitions apply. Those definitions include
competitive integrated employment, closure criteria and employment outcome.
The information in this section applies only to a VR participant's identified
employment outcome and does not apply to work experience of any kind or any
length.
Use this information as guidance when informing an eligible individual who
chooses to set a vocational goal of working less than full-time.
Competitive Integrated Employment - per 34 CFR 361.5(c)(9)
Competitive integrated employment means work that:
• Is performed on a full-time or part-time basis (including self-employment)
and for which an individual is compensated at a rate that:
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o Is not less than the higher of the rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
rate required under the applicable State or local minimum wage law
for the place of employment.
o Is not less than the customary rate paid by the employer for the same
or similar work performed by other employees who are not individuals
with disabilities and who are similarly situated in similar occupations
by the same employer and who have similar training, experience, and
skills; and
In the case of an individual who is self-employed, yields an
income that is comparable to the income received by other
individuals who are not individuals with disabilities and who are
self-employed in similar occupations or on similar tasks and
who have similar training, experience, and skills; and
o Is eligible for the level of benefits provided to other employees; and
o Is at a location typically found in the community; and
o Where the employee with a disability interacts for the purpose of
performing the duties of the position with other employees within the
particular work unit and the entire work site, and, as appropriate to
the work performed, other persons (e.g., customers and vendors),
who are not individuals with disabilities (not including supervisory
personnel or individuals who are providing services to such
employee) to the same extent that employees who are not individuals
with disabilities and who are in comparable positions interact with
these persons; and
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o Presents, as appropriate, opportunities for advancement that are
similar to those for other employees who are not individuals with
disabilities and who have similar positions.
Definitions of Work Classifications:
Full-Time Hours: means 35 or more hours per week, as determined by the
business. (United States Department of Labor, Bureau of Labor Statistics)
Part-Time Hours: means 1-34 hours per week (determined by the business).
(United States Department of Labor, Bureau of Labor Statistics)
Intermittent or On-Call Employment: means employees who are not
permanent, but are called to work as needed, often on short notice, although they
can be scheduled to work for several days or weeks in a row. (US, Bureau of
Labor Statistics Handbook of Methods, Glossary)
Seasonal Employment: means annually recurring work periods of less than 12
months each year. (Internal Revenue Service 6.340.1.2.1)
Temporary Work: means that the job(s) is expected to last a limited period.
Workers who do not have an implicit or explicit contract for long-term
employment. (US, Bureau of Labor Statistics)
Conditions required for temporary or seasonal employment:
Th
e individualized plan for employment (IPE) documents that this is the informed
choice of the participant and meets their unique strengths and needs; and
• The job must be competitive and integrated; and
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• The temporary or seasonal work is reasonably expected to continue into
the next recurring work period; and
• The temporary or seasonal work fits at least one of these scenarios:
o Common to the local labor market (e.g., work in the fishing industry or
at vacation destinations; harvesting and/or processing local produce);
and/or
o The strategy used by a specific employer in the local labor market for
hiring all their employees (e.g., specific jobs in a labor market are
filled by temp agencies); and/or
o A part of the participant’s plan is to increase specific skills and/or
knowledge.
• Closure criteria must be met.
Conditions Required for On-Call (Intermittent) Employment:
Before considering on-call (intermittent) employment, VR and the participant
must have a reasonable expectation that the on-call job will occur and that it will
be regular enough to fulfill closure requirements.
• It is important that this is the informed choice of the participant and meets
their needs.
• The job is competitive and integrated.
• The on-call or intermittent work is reasonably expected to occur at least
once a week and:
• It is common for an on-call worker in the local labor market to be called in
to work more hours over time, or
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• It’s common for an on-call worker to be hired into the field they are entering
(for example, the temp agency hiring secretarial, janitorial, call-center or
other staff is the common source of new regular hires at local businesses).
Case closure:
This section contains Vocational Rehabilitation (VR) policy regarding:
• Successful closures (rehabilitated), and
• Unsuccessful closures (other than rehabilitated).
The VR counselor is responsible for the closure determination.
Case closure may occur when conditions documented in an individual’s service
file support a closure decision. The VR counselor shall notify all individuals of a
proposed case closure to afford the individual an opportunity to participate fully in
the closure decision.
The VR counselor must document all closure notifications in writing using a
Notice of Proposed Action (NOPA), unless agreement is obtained in consultation
of closure. (See the “Dispute resolution” section of this manual for further
information on NOPA process).
VR staff shall notify the individual by U.S. mail, when appropriate, and use other
appropriate modes of communication, as needed, consistent with the informed
choice of the individual.
Closure notifications must include dispute resolution information regarding the
VR mediation and impartial fair hearing appeal process, as well as referral to the
Client Assistance Program (CAP).
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VR may not close an individual’s file if the individual has a pending request for an
impartial fair hearing or mediation, unless the following occurs:
• The individual, or individual’s representative, requests closure, or
• VR has evidence that the participant obtained services through
misrepresentation, fraud, collusion, or criminal conduct.
Reasons for closures:
In every case, the reason for closure must be evident to the reasonable reader.
The case file must reflect circumstances leading to the closure and the process
followed at closure.
ORCA provides a drop-down listing of reasons for closure. These reasons align
with the current RSA-911 reporting requirements and will be selected by the
counselor during case closure.
Closing a file successfully as rehabilitated:
To close a VR case successfully, the VR counselor must ensure that the
following requirements are met and documented in the case service record.
A successful closure requires that the following have occurred:
• The client received substantial VR services, as stated on the IPE, that have
had an impact on the individual's employment outcome.
• The client achieved the employment outcome that is:
o Described in the current IPE (the first two digits of the SOC must
match), and
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o Consistent with the individual's unique strengths, resources, priorities,
concerns, abilities, capabilities, career interests and informed choice.
• The client maintained the employment outcome for at least 90 days after
substantial services have been completed, and
• The client was employed at closure.
• The client and counselor consider the employment outcome to be
satisfactory.
• The client and counselor agree that the individual is performing well on the
job.
Procedures for closing successful cases:
Before closing a case as successfully rehabilitated, the VR Counselor must
complete the following actions:
• Confirm that the criteria for closure and the conditions for successful
employment have been met.
• Review the case:
o For technical compliance and data integrity and make needed
corrections.
o That the SOC is appropriate.
o Determine if an amendment to the IPE is needed.
• Review any open service authorizations and associated financial actions
needed.
• Ensure that verification of wage is documented in a case note or in the
case file.
• Ensure that verification of employment is documented in a case note or in
the case file.
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• Confirm that:
o Substantial services were delivered; and
o 90 days have passed since the end of substantial services.
• Ensure that agreements for extended services are still in place, where
necessary; and
• Contact the individual to discuss closure. If this discussion results in an
impasse to the closure process, then the VR counselor must consider the
use of a Notice of Proposed Action (NOPA).
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losure criteria when the employment goal is part-time:
• For t
hose who receive supported employment services, the service file is
not closed until employment is maintained at least 90 calendar days after
the participant (working at least once each week), has reached job
stabilization and transitioned to extended services by an entity other than
VR.
• For those who are VR participants (working at least once each week) who
do not receive supported employment services, the service file is not
closed until they have maintained employment at least 90 calendar days
after the start date.
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losure criteria when the employment goal is temporary or seasonal:
• Part
icipants who receive supported employment services must be
employed (at least one day a week) and maintain employment for a period
that equals at least 90 calendar days after stabilization and transfer to
extended services.
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• Once the participant becomes stable and has worked long enough for their
case to be closed, returning to that temporary or seasonal job does not
constitute a reason for the VR file to be reopened.
• The expectation by VR is that the participant’s extended services provider
(if needed) will provide any support needed by the participant to continue to
maintain (and advance in) their employment.
• Participants who do not receive supported employment services must be
employed (at least one day a week) and have maintained employment for a
period that equals at least 90 calendar days.
• Once the participant is stable in their employment and maintains that stable
employment for the required number of days, returning to that temporary or
seasonal job does not constitute a reason for the VR file to be reopened.
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losure criteria when the employment goal is on-call (intermittent):
For participants who work at least one day per week, the closure criteria for part
time employment apply:
• Those who receive supported employment services must maintain
employment for at least 90 calendar days after stabilization and transfer to
extended services.
• Once the participant becomes stable and has worked long enough for their
case to be closed, returning to that on-call (intermittent) job does not in
itself, constitute a reason for the VR file to be reopened.
• The expectation by VR is that the participant’s extended services provider
(if needed) will provide any support needed by the participant to continue to
maintain (and advance in) their employment.
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• Those who do not receive supported employment, the job is stable, and
they maintained employment at least 90 calendar days.
• Once the participant is stable in their employment and maintains that stable
employment for the required number of days, returning to that temporary or
seasonal job does not constitute a reason for the VR file to be reopened.
Closure criteria when the employment goal is on-call (Intermittent)
working less than one day a week:
•
For participants who do not work at least once each week, the number of
days worked must total 90. If they are not called in regularly, this can take
many more than 90 calendar days.
• For those who do receive supported employment services, beginning the
first day of work after transferring to extended services, count only the days
worked, until reaching at least 90; this can take many more than 90
calendar days.
• Once the participant becomes stable and has worked long enough for their
case to be closed, returning to that on-call (intermittent) job does not
constitute a reason for the VR file to be reopened.
• The expectation by VR is that the participant’s extended services provider
(if needed) will provide any support needed by the participant to continue to
maintain (and advance in) their employment.
• For those who do not receive supported employment services, beginning
with their first day on the job, count the days worked only, until reaching at
least 90 days of employment.
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• Once the participant is stable in their employment and maintains that stable
employment for the required number of days, returning to that temporary or
seasonal job does not constitute a reason for the VR file to be reopened.
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losure when there is more than one employer and/or job in the 90-day
period:
A
n individual may have more than one job, consecutively or concurrently, during
the 90-day period and still meet the requirements for successful closure if each
job is consistent with:
• The employment goal stated in the IPE, and
• The individual's unique strengths, resources, priorities, concerns, abilities,
capabilities, career interests and informed choice.
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losure when there are consecutive jobs:
E
mployment is considered "consecutive" and does not require a new 90-day
employment period if the:
• Criteria for successful closure are met, and
• The individual:
• Changes jobs with no or minimal gap in employment, or
• Is promoted by the same employer with no or minimal gap in employment.
If an individual loses a job before the end of the 90-day period, the individual's
progression toward the 90-day period freezes.
If the gap in employment is minimal, progression toward completion of the 90-day
period resumes when the individual starts another job.
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If the gap between placements is four weeks or more, the 90-day period for VR
successful closure will start over.
C
losure when there are concurrent jobs:
A
customer may have more than one job at the same time during the minimum
90-day period. To document concurrent jobs in ORCA, the VR counselor does
the following:
• Records each job on a separate employment information page.
• When all jobs appear on the employment layout page, select one job to be
used for closure or primary employment, typically the job with more hours
or greater pay.
• Documents in a case note that the individual is working at concurrent jobs;
why working two (or more) jobs is preferred to working one; and how that
will support a successful closure.
• Enters, where indicated in ORCA, the total net wages for the concurrent
Self-employment and successful closure (Currently in Revision)
Additional requirements for supported employment closures:
If the individual received supported employment services, the case record should
clearly document that the individual's employment meets the definition of
competitive, integrated employment.
Note: There is an additional follow-along requirement for supported employment
closures. Prior to closing a supported employment case, the individual must be
transferred to long term supports for a period not less than 90 days.
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• During the follow along period, because the individual is considered
transferred, VR should not provide service outside of counseling and
guidance.
• Should a requirement exist for additional VR services during this follow
along period, VR may provide those supports. However, the 90-day
transfer period must begin anew.
• ORCA currently does not track this extended follow along period and VRCs
must track this period manually.
For more information about supported employment closures, please see the
Supported Employment Guide.
Wage verification at placement and successful closure as rehabilitated:
At placement, the VR counselor must obtain a copy of the pay stub identifying
the individual’s start date, hours worked per week and competitive hourly wage.
Prior to closure, the counselor must obtain a copy of the current pay stub
identifying the individual’s competitive hourly wage and hours to determine
weekly earnings.
If the initial and/or current pay stubs are not available, the following is acceptable:
• A contractor’s written report of employment information and required wage
information when it is documented on a Job Placement/Job Retention
Verification Form (ODHS 1705) with their dated signature, or
• Verification from the employer. Once verification is obtained, add a detailed
case note identifying the individual’s employment information including the
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start date, hours per week and competitive hourly wage based on the
counselor’s conversation with the actual employer.
Prior to calling an employer, the individual shall be informed that information
provided and gathered is limited to what is necessary to document and verify
employment.
• This provides the individual with the opportunity to discuss preferences and
options for obtaining required documentation.
When contacting an employer, please identify that you are calling on behalf of
the State of Oregon, Oregon Department of Human Services to verify
employment and wages.
• Use the “Authorization for Disclosure, Sharing and Use of Individual
Information” form to document consent for disclosure, when appropriate.
If direct contact was made with the individual's place of employment, document
the name of the individual who verified the individual's employment.
If staff are unable to verify the client’s income, and all efforts to obtain acceptable
verification are documented, the following is acceptable:
• A detailed case note identifying the individual’s employment information
including the start date, hours per week and competitive hourly wage.
o Include the date employment verification was received, and
o Add justification for the individual not providing formal documentation.
For all successful closures, regardless of the method used the verify wage, the
closure documentation must include the following:
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• Method used to verify the individual's employment.
• Name of the VR staff member who verified employment, and
• One of the following:
o UI wage data match, or
o Follow-up survey from the employer
Unsuccessful closures (closure other than rehabilitated):
When an individual has applied for VR services but does not complete the
services to achieve a competitive and integrated employment outcome, the case
is closed. These closures are referred to as "unsuccessful closures."
If the VR counselor determines an applicant or a participant receiving services
under an IPE is no longer eligible for services, the counselor must make this
determination only after consultation with the participant or their representative.
• If this discussion leads to an impasse in the closure process, a NOPA is
required.
P
rocedures for closing unsuccessful cases (closure other than
rehabilitated):
B
efore closing a case as successfully rehabilitated, the VR counselor must
complete the following actions:
• Confirm that the criteria for closure and the conditions for successful
employment have been met.
• Review the case:
o For technical compliance and data integrity, and to make needed
corrections; and
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o To determine
That SOC is appropriate, or
Whether an amendment to the IPE is needed.
• Review any open service authorizations and associated financial actions
needed.
• Ensure that verification of wage is documented in a case note or in the
case file.
• Ensure that verification of employment is documented in a case note or in
the case file.
• Confirm that:
o Substantial services were delivered, and
o 90 days have passed since the end of substantial services.
• Ensure that agreements for extended services are still in place, where
necessary, and
• Contact the individual to discuss closure. If this discussion results in an
impasse to the closure process, the VR counselor must consider the use of
a notice of proposed action (NOPA).
P
rocedures for closures prior to an eligibility determination:
The VR counselor may not close an applicant's file prior to making an eligibility
determination unless the applicant declines to participate in, or is unavailable to
complete, an assessment for determining eligibility and priority for services.
This closure may only occur after VR staff have made a good faith effort to
contact the individual or their representative to encourage participation in the VR
process.
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• A good faith effort is defined as multiple attempts of contact to the
individual, their representative, or their contact over a reasonable period
(more than 30 days). All attempts must be documented in ORCA as a case
note.
• Any VR staff may contact or attempt to contact the individual. However,
only a VR counselor can decide to close the file and complete the closure
process after the application has been entered in ORCA.
If the VR counselor determines a file meets the parameters for closure due to
lack of contact, the counselor must follow the NOPA process required for closure.
File Closure – “unable to benefit”:
Th
e process to close a client’s file as “unable to benefit” is outlined in federal
guidance. As an Employment First State, Oregon VR believes that all individuals
are able to obtain, maintain and retain employment with the appropriate supports.
As such, ORCA will not allow a VRC to close a client file as “unable to benefit”
without approval from the Deputy Director of Direct Services.
Oregon is an Employment First State. As a philosophy, Employment First is
based on the presumption that working age adults and youth can work in jobs
fully integrated in the community.
• Integrated employment includes typical workplace settings where there are
regular opportunities for meaningful interaction with co-workers without
disabilities or customers or both or the public.
The Employment First Policy states that work in integrated jobs is the first and
priority option in planning employment services for working-age adults and youth.
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Services should be planned to use person-centered practices that identify an
individual's talents, skills, and interests. This information can then help inform
employment options and career opportunities.
VR staff must presume that an individual applying for services can successfully
benefit in terms of an employment outcome from VR services. Any client file
closed as “unable to benefit” must have “clear and convincing” evidence of the
individual’s inability to benefit from VR services prior to closing this file or the
individual is ineligible for vocational rehabilitation services.
“Clear and convincing” means that the individual is “unequivocally incapable” of
ben
efiting from the VR program in terms of achieving an employment outcome.
This is the highest standard legal definition in civil law. (See Note to 34 §361.42.)
Note: All clients closed as “unable to benefit” require an annual follow-up and
must be tracked to comply with federally required reporting processes.
Trial Work Experience and “unable to benefit”:
Prior to closing an individual’s file as “unable to benefit,” the individual must
participate in trial work experiences using the ORCA Trial Work Plan. That plan
must include the following elements:
• The individual's abilities, capabilities, and capacity to perform in realistic
work situations must be periodically assessed.
• Trial work experiences must be conducted in realistic work settings.
• Necessary and appropriate supports must be provided to accommodate the
rehabilitation needs of the individual during the trial work experiences.
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Necessary and appropriate supports include assistive technology devices
and services and personal assistance services. And
• Trial work experiences must be of sufficient variety and over a sufficient
period to conclude either that:
• There is sufficient evidence that the individual can benefit in terms of an
employment outcome from VR services. This means the individual can
work in an integrated setting and is eligible for VR services. Or,
• There is “clear and convincing evidence” to the contrary. This means there
is clear and convincing evidence that the individual cannot work in an
integrated setting due to the severity of the individual’s disability. In this
case the individual is ineligible for VR services.
VR must conduct a thorough evaluation as part of this work experience. This
means that if we have insufficient information to demonstrate conclusively that
the individual does not have the ability or capacity to work in an integrated
setting, then an individualized assessment must continue. The assessment
continues until such time that:
• Clear and convincing evidence establishes the individual cannot work in an
integrated setting due to the severity of the individual’s disability and is
ineligible for VR services, or,
• The individual is found to be capable of working in an integrated setting.
The individualized assessment, including trial work experiences, must be carried
out until either of these results is reached. The Program may not impose arbitrary
time limits on eligibility assessments.
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Conducting a trial work experience to determine ability to benefit:
The counselor begins the eligibility process with the presumption that all persons
can benefit from vocational rehabilitation services in terms of an employment
outcome consistent with their employment factors.
• An employment outcome means entering or retaining full time or if
appropriate, part-time competitive integrated employment, including
customized employment, self-employment, or telecommuting or business
ownership, that is consistent with an individual’s unique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice.
Before a person can be determined unable to benefit because of the severity of
the individual’s disability, the VR counselor must explore the individual’s abilities,
capabilities, and capacity to perform in work situations through trial work
experiences.
A trial work experience is an assessment that is intended to assure that
individuals with most significant disabilities have the opportunity to demonstrate
their potential capacities through real work experiences.
• The trial work experiences should provide an opportunity for a variety of
experiences over a sufficient period with on-the-job supports, training or
both supports and training, including assistive technology; except when it is
not appropriate for an individual to participate in such experience.
If a trial work experience is not appropriate for an individual, the vocational
rehabilitation counselor must document in the case record the circumstances for
that determination. The results of the trial work experience may demonstrate that
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the individual can benefit from services or that enable the VR counselor to
determine with clear and convincing evidence that the applicant cannot benefit
from vocational rehabilitation services in terms of an employment outcome.
VR counselors can enlist community rehabilitation providers through vocational
assessments that include a situational assessment, community-based workplace
assessments, work try-outs or supported employment or both to provide the
required trial work experiences.
VR staff must have a high degree of certainty before concluding that a person is
incapable of benefiting from vocational rehabilitation services. There must be
clear and convincing evidence that no employment outcome is possible
considering information from the trial work experience.
• This is a legal standard and there needs to be more than one opinion
considered and utilized as evidence.
A written plan for the trial work experience must be outlined in the record of
services describing the services necessary to determine eligibility. Only services
to determine eligibility or to determine the existence of clear and convincing
evidence that the individual is incapable of benefiting from an employment
outcome because of the severity of the disability can be provided during a trial
work experience.
• The written plan must include the expected duration of services,
identification of the service provider, and how the experience contributes to
the determination of the individual's eligibility.
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• All services will be provided under the same parameters as when the
services are provided under an Individualized Plan for Employment (IPE)
with the goal of employment.
R
equired review and follow-up for persons “unable to benefit”:
For any client file closed as “unable to benefit,” a review of the case must be
made within 12 months of file closure and annually thereafter by the vocational
rehabilitation counselor (VRC) and Branch Manager.
The results of this review must be provided to the Business and Operations
Manager to be included in the required annual federal reporting.
A review of an individual’s file previously closed as “Unable to Benefit” may be
excused if:
• The individual requests not to be contacted.
• The individual no longer lives in Oregon.
• Staff are unable to contact the individual.
• The individual’s medical condition is rapidly progressive or terminal.
E
xtended evaluation and persons “unable to benefit”:
E
xtended evaluation was removed from the Code of Federal Regulations
governing Vocational Rehabilitation Services in 2016.
VR staff should ignore all references to extended evaluation in:
• RSA-TAC-02-01 (no longer in effect), and,
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• OAR 582 Division 50 Referral, Application and Eligibility for Vocational
Rehabilitation Services.
References:
34 CFR 361.42 Assessment for determining eligibility and priority for services.
34 CFR §361.43 Procedures for ineligibility determination.
34 CFR §361.44 Closure without eligibility determination
34 CFR §361.47 Record of services.
34 CFR §361.56 Requirements for closing the record of services of an individual
who has achieved an employment outcome.
34 CFR 361.5(c)(40)
Technical Assistance Circular. RSA-TAC-02-01 (This TAC is no longer listed on
the Rehabilitation Services Administration Sub-Regulatory Guidance Table
12/11/2023)
Vocational Rehabilitation Services:
The goal of the VR Program is to provide individuals with disabilities, including
students and youth with disabilities, opportunities to maximize employment
consistent with their strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.
Through the provision of VR services, the VR Program helps individuals with
disabilities prepare for, secure, regain or retain employment. Given the right
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opportunities, individuals with disabilities can successfully be integrated into the
workforce.
Vocational Rehabilitation services help individuals with disabilities overcome
employment- related barriers. VR offers several various services to help
individuals overcome employment-related barriers. These services are further
described in this section of the manual.
Keep in mind that not all these services will apply to everyone. Additionally,
Vocational Rehabilitation is required to provide the least costly option for services
that meet the rehabilitative goal.
VR is considered the payer of last resort. This means that, by law, all other
sources of services and coverage must contribute or pay for services before VR
resources are used. This requires all comparable benefits to be explored prior to
authorizing VR funds.
Counseling and guidance – the primary role of the VR counselor:
VR shall provide counseling and guidance services to all participants throughout
the rehabilitation process.
VR ensures that individuals accessing services receive culturally appropriate
services.
VR seeks to ensure the integration of cultural competency, gender
consciousness and related issues into the counseling, regardless of who is
providing the services.
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The act of counseling and guidance includes information and support services to
assist individuals exercise informed choice. The counselor facilitates the process
with the following:
• Knowledge of rehabilitation and the VR process
• An understanding of informed choice
• Information regarding rehabilitation resources and current labor market
trends, and
• The experience of assisting other individuals through the VR process.
The counselor facilitates the development of a participant's ability to gather
information and supports them in making decisions to the best of their ability.
It is the responsibility of the VR counselor to inform the individual about available
options for developing their IPE and to ensure the individual understands their
options.
The counselor assists individuals during the assessment process to discover
their strengths, resources, priorities, concerns, abilities, capabilities, and
interests. If appropriate, the counselor encourages the participation of family
members and others in the VR process.
The counselor works with participants to build relationships and align resources
that will enable them to exercise informed choice and successfully work toward
their employment outcome.
Essential aspects of counseling and guidance:
•
Dev
eloping rapport with the individual
• Keeping the individual engaged in the VR process.
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• Continually assessing the individual’s progress throughout the VR process
• Identifying the rehabilitation needs and providing information to meet those
needs.
• Addressing issues as they arise, and
• Helping the individual learn about the options and resources available for
achieving success.
Goals and focus of counseling and guidance:
The VR counselor guides the individual to make choices to maximize success.
The VR counselor does this by doing the following:
• Helping the individual understand their strengths and limitations in relation
to their disability and impediments to employment.
• Exploring the individual’s transferable skills and how they might be applied
to overcome impediments to employment.
• Helping the individual select, maintain, or advance in a competitive
integrated employment goal by providing information that allows the
individual to make appropriate informed choices.
• Providing the individual with information about relevant support services
and facilitating access to those services for continued success in
employment.
The VR counselor shall reflect the counseling and guidance provided to the
individual within the IPE.
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Substantial counseling and guidance – as an IPE service:
Counseling and guidance are considered a substantial service when the VR
counselor addresses one or more identified issues and evidence documents the
issue had a substantial impact on the outcome of the case.
Substantial counseling and guidance are a direct therapeutic engagement
completed by the VR counselor, as required by the individual. This service is
vocational in nature and is specifically designed to help the individual in
participating in the rehabilitation process and in reaching an agreed upon
employment outcome.
When providing substantial counseling and guidance services, VR shall
document in the case file the specific problem to be resolved as well as the
counseling methods, measurable outcomes, and progress toward the counseling
goal(s).
When necessary to address a substantial barrier to employment, VR shall always
identify substantial counseling and guidance as a specific service in the IPE and
document related information and support services.
Such substantial vocational counseling will involve multiple sessions, be included
in the IPE, and address an issue that could directly impede employment. This
substantial level of service is distinct from the general counseling relationship
that exists between the counselor and the client throughout the rehabilitation
process.
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S
ubstantial counseling and guidance – potential topics:
• Develop and maximize self-awareness regarding barriers to employment.
• Develop a realistic action plan to address a problem.
• Use rehabilitation technology.
• Develop residual capabilities.
• Understand work requirements, the work environment and/or work culture.
• Adjust an individual’s attitudes and behaviors that will significantly affect
employment.
• Develop self-advocacy skills needed to take responsibility for continued
career success.
• Cope successfully with on-the-job stressors.
• Disclose disability and request appropriate accommodations.
• Develop strategies to maintain employment.
D
ocumentation of counseling and guidance and substantial counseling
and guidance:
A
ll counseling and guidance services must be documented in a case note or
series of case notes. The documentation must be done in a timely manner to
ensure that an accurate and complete record of services is maintained.
Each case note must include:
• The issue related to the impediments to employment and/or participation in
VR services.
• Strategies for resolution of the issues to include description of decision-
making processes involved.
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• The individual’s participation in the resolution
• The individual’s reaction, and
• Actions required of the individual or VR counselor.
Auxiliary aids and services:
VR may provide auxiliary aids and services such as telecommunications, sensory
and other technical aids or devices to an applicant or participant to allow access
to rehabilitation services.
P
rovision of services:
V
R may provide the following services to an applicant or participant:
• Qualified interpreters on site or through video remote interpreting (VRI)
services, note takers, real-time computer-aided transcription services,
written materials, exchange of written notes, telephone handset amplifiers,
assistive listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders, open and closed
captioning (including real-time captioning), voice, text.
• Video-based telecommunications products and systems, including text
telephones (TTYs), videophones and captioned telephones, or equally
effective telecommunications devices or videotext displays.
• Accessible electronic and information technology or other effective
methods of making aurally delivered information available to individuals
who are Deaf or Hard of Hearing.
• Qualified readers, taped texts, audio recordings, Brailled materials and
displays, screen reader software, magnification software, optical readers,
secondary auditory programs (SAP), large print materials, accessible
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electronic and information technology, or other effective methods of making
visually delivered materials available to individuals who are blind or have
low vision.
• Acquisition or modification of equipment or devices, and
• Other similar services and actions.
Acquisition or modification of equipment or devices, and other
similar services and actions:
Lease or rental:
V
R shall determine if leasing, renting, or purchasing the item(s) is the least
expensive and most appropriate alternative to provide services and address the
employment needs of the participant. VR staff shall utilize all comparable
benefits.
Property assignment:
Th
ese items are non-expendable. VR shall list them on the Property Assignment
form (R-141). Medically prescribed items are exempt and do not need to be
listed.
Con
sultation:
VR may contact disability specialists for consultation services, as needed, to
provide the appropriate auxiliary aid or service.
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C
ommunity resources, partnerships, and assistance:
It
is essential for the VR Counselor to be familiar with the resources offered in
their community. Referrals to available resources shall be completed as needed
for the individual.
Possible resources include the Oregon Department of Human Services
Programs, Oregon Employment Department, Oregon Health Plan and 211 which
connects individuals with community resources.
Home based employment (remote work):
Individuals are encouraged to seek competitive integrated employment with the
assistance of the VR counselor, to the greatest extent possible. The participant
will use WorkSource and other community resources to complete job search prior
to engagement with a job developer under contract with VR.
Job placement:
Individuals are encouraged to seek competitive integrated employment with the
assistance of the VR counselor, to the greatest extent possible. The participant
uses WorkSource and other community resources to complete job search prior to
engagement with a job developer under contract with VR.
When required due to disability, job placement services may include job
development (employer contact to find a job), placement at a position (actions
necessary to start the job), job coaching (training by a third party or
employer/employee) and job retention (work necessary to keep the participant on
the job).
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VR provides any one or a combination of these services to help participants
attain and maintain competitive employment in an integrated setting.
Any individual who provides services to VR participants must meet qualifications
identified by VR to hold a contract with VR.
R
ole of the counselor in job placement:
Th
e counselor is responsible for determining the participant’s work readiness
based on VR’s minimum standard for employability; this includes their motivation
to work, reliability to consistently go to work and dependability to stay on task at
work. The counselor also addresses the participant’s ability to do the job.
Counselors identify the participant’s job placement profile prior to referring a job-
ready participant to a job development vendor for services.
Counselors are responsible for guiding the job contractor to implement the
service they have requested and will indicate this on the authorization for
purchase (AFP).
R
ole of the participant in job placement:
Th
e individual participates to the best of their ability in all aspects of the
placement effort. An individual’s participation in job placement should reflect their
work ethic, reliability, dependability, and motivation to work.
R
ole of the job developer in job placement:
Jo
b development vendors provide job placement assistance services to VR
under contract. Dependent on the participant’s job placement profile the
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counselor shall guide the job developer to implement appropriate job
development strategies.
Wo
rk Opportunity Tax Credit (WOTC):
Co
unselors and job developers provide the WOTC Application to employers
when appropriate.
On-the-job Training (OJT) and Community-Based Work Assessment
(CBWA):
•
OJT is a training activity; OJT is not an appropriate use of job placement.
• CBWA is an assessment activity and not an appropriate use of job
placement.
C
ertification for federal employment (Schedule A Letter):
VR counselors may provide a Schedule A certification letter to individuals who
are, or have been, clients of VR if they meet the following criteria:
• Meet minimum qualifications for the job, and
• Have an intellectual, psychological, or severe physical impairment.
Responsibility for providing medical documentation rests with the participant.
Reference:
34 CFR 361.48(b)(12)
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Maintenance:
Maintenance is financial support provided to an individual by VR when they will
incur additional expenses that are over and above regular expenses.
• Examples of these expenses include food, shelter and clothing directly
related to their participation in an assessment or plan.
Maintenance applies to expenses that are:
• More than the individual’s normal expenses, and
• Necessitated by the individual’s involvement in an assessment for
determining eligibility and rehabilitation needs or by their participation in
vocational rehabilitation services under an IPE.
VR shall not use maintenance to meet an individual’s basic costs of living, such
as medications, housing, transportation, or auto insurance. Maintenance support
shall not exceed state per diem rates.
P
ayment rates:
In
providing for those maintenance expenses, VR limits funding to the federal
GSA domestic per diem rates for the state in which the lodging occurred.
S
pecial circumstances and considerations:
When a comparable benefit is available to pay, in part, for maintenance
expenses, VR will support only the increased amount not covered by the
comparable benefit.
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Reference:
34 CFR 361.48(b)(7)
Occupational licenses, tools, and equipment:
VR may provide occupational licenses, tools, and equipment for participants in
training or employment.
VR may cover the cost of license fees when required for employment, but the
counselor and individual must first explore comparable benefits.
Prior to the purchase of new items, the counselor shall email the branches to see
if the desired items are available elsewhere in the state. VR may split up
repossessed tools when reassigning the tools to a new participant.
O
wnership:
Wh
enever the counselor purchases tools or equipment using VR funds, VR shall
hold ownership of the items until closure of the participant’s file.
P
urchase of buildings and land:
V
R shall not purchase stationary buildings or land.
P
urchasing process:
V
R shall purchase non-expendable and expendable equipment or tools in
accordance with VR purchasing rules. VR may purchase required tools and
equipment for a training program through publicly funded schools and need not
purchase those items through price agreement or competitive bidding system.
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All purchases are to have prior authorization. When using an Authorization for
Purchase (AFP), an itemization of training supplies shall be prepared under
“Service description.”
N
on-expendable property purchases and property assignment:
V
R shall list all non-expendable property on the property assignment form (R-
141). VR shall use the property assignment form for both new and previously
repossessed items now being reassigned. The participant shall sign the
assignment or disposition form prior to receipt of the items.
Non-expendable property is any item that:
• Costs more than $1,000
• Is usable more than once, and
• Has a usable life of more than two years.
VR makes the decision to control a particular equipment item at the time the
initial AFP is prepared. VR shall code the AFP to indicate whether the equipment
is expendable or non-expendable. All equipment coded “non-expendable” is
automatically subject to the equipment control process.
Exclusions for property assignment:
V
R shall not list the following items on the property assignment form:
• Expendable stock or training materials
• Barber, beauty, and other hygienically defined tool kits
• Prescribed or individually designed items (for example, braces, orthotics, or
wheelchairs)
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• Adaptive equipment (unless installing in a vehicle of which VR has security
lien)
• Personal items or clothing, and
• Animals.
Reference:
34 CFR 361.48(b)(16)
Other goods and services:
VR provides a wide variety of goods and services necessary to a participant in
preparing for, securing, retaining, regaining, or advancing in an employment
outcome consistent with the strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individual.
VR shall document justification for all purchases/expenditures. All purchases
require pre-authorization.
R
emodeling of buildings:
V
R may fund remodeling of a building only when the remodel is necessary for the
participant to reach or maintain a vocational goal. Remodeling shall not include
erecting weight-bearing walls or permanent additions to an existing building.
When authorizing remodeling, the counselor will comply with procedures detailed
in the VR “Business Procedure Manual.” All remodeling shall follow state and
county regulations. All services worth more than $5,000 shall comply with ODHS
procurement procedures and the bid process.
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O
ther goods and services not listed elsewhere:
V
R may provide goods or services necessary to reach an employment outcome,
unless specifically excluded elsewhere in federal regulation, state rule, VR or
ODHS policy or other governing parameters.
VR shall always provide the least cost service adequate to meet the need. All
services shall be required to address a disability-related barrier to employment or
services needed to obtain the employment outcome, or to support a primary
service identified in an agreed upon IPE.
Reference:
34 CFR 361.48(b)(21)
Participant family members:
VR may provide services to members of a participant’s family, living unit (in other
words, an individual who has a substantial interest in the well-being of the
participant), or legal guardian only when such services are necessary to achieve
an employment outcome. VR may provide services to a family member when:
• Such services will assist an individual’s participation in an IPE, or
• VR, the participant, and family member agree that the service(s) will make
a substantial contribution to the participant’s plan. These services must be
necessary to enable the participant to achieve an employment outcome.
VR record justification of services in terms of their benefit and necessity to the
participant’s program. The branch manager shall review proposed services to a
family member.
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Staff shall explore any comparable benefits available to the family member. VR
shall issue Authorization for Purchases (AFPs) using the participant’s name and
identification number (SSN).
The designation “family member” must precede the description of the services on
the AFP. VR’s policies on purchases apply to all AFPs.
Reference:
34 CFR 361.48(b)(9)
Personal assistance services:
Vocational Rehabilitation typically refers to attendant care supports as “personal
assistance services.” These services may also sometimes be referred to as
“activities for daily living (ADL)” or “instrumental activities for daily living (IADL).”
Attendant care supports will normally be identified by ODDS and may be found in
the client’s Individual Support Plan (ISP) or Positive Behavior Support Plan
(PBSP).
Not all identified attendant care supports may be relevant to the workplace. It’s
important to coordinate with the client’s support team to identify if the client has a
PBSP or requires attendant care support prior to entering the client into an
Individualized Plan for Employment (IPE).
Clients have a choice of selecting a provider agency that best suits their needs,
wants, and interests. However, for clients dually enrolled with ODDS and
identified as needing long-term supports, it is strongly encouraged to first
consider providers that are dually enrolled with ODDS. This should help ease the
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transition to long-term supports and ensure that any personal assistance
supports VR contractors do not provide can be supported.
Personal assistance services policy for clients dually enrolled in ODDS
and VR:
If a client has a Positive Behavior Support Plan or Personal Assistance Service
requirement that may be required at the client’s workplace, the Vocational
Rehabilitation counselor must work closely with the client’s Service Coordinator
(SC) or Personal Agent (PA) to establish how these supports will be managed
and which program will fund the service.
For clients dually enrolled in VR and ODDS who require personal assistance
services, the provider agency chosen to support the client must be contracted to
work both with VR and with ODDS.
• While clients have a choice as to what provider agency they choose to
work with, only contractors working under ODDS contracts can provide
personal assistance services on the job.
When a VR client is approved to receive job development/job coaching supports
through VR and Personal Assistance Supports through ODDS:
• VR will pay for the services identified in the VR Job Placement Services
Contract,
• ODDS will be responsible for funding the personal assistance support.
o This may require the SC/PA to request an exception through ODDS.
ODDS-funded “On-the-Job Attendant Care” may be used while also using VR-
funded job development or VR funded job coaching services.
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• This might include personal care support required during both VR-funded
job development and during VR-funded job coaching, whether the VR-
funded provider is actively providing supports at that time or not.
• The ODDS services coordinator/personal agent may authorize this as “on-
the-job attendant care.”
o This may require the SC/PA to request an exception through ODDS.
The job setting must meet the requirements for competitive integrated
employment.
Once the VR client’s job is stable and services can transfer to ODDS-funded job
coaching, VR will transfer the client to long-term supports in accordance with
normal practice.
Note: Please refer to the “ODDS Worker Guide for Job Coaching and On the Job
Attendant Care” for additional clarification on how this process occurs.
Options for personal assistance services:
Often personal assistance services are required as a necessary health and
safety consideration for the client. It is paramount that VR counselors work
closely with the client’s service coordinator or personal agent to ensure the
support team is aware of these considerations, and they have been addressed
within the client’s Individualized Plan for Employment (IPE).
In most situations where personal assistance services are required, the VR client
will most likely be in a Supported Employment Individualized Plan for
Employment (SE-IPE).
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Please ensure that all requirements for a Supported Employment Plan are
followed and in place prior to transferring the client to long-term supports with
ODDS.
There are three likely scenarios that a VR counselor may face when working with
a client requiring personal assistance services:
Option One: VR will fund job coaching until the client reaches stability. During
this period, ODDS will fund on-the-job attendant care when the job coach is not
present.
Note: The employment support professional may be the same person or a
different person in this scenario.
Option Two: If the client is stable in employment with long-term job coach
funding in place, funding can transfer at time of job placement to ODDS-funded
job coaching.
Note: If the client is in a Supported Employment Plan, ensure all requirements
for transferring a supported employment client are met prior to closure.
Option Three: The client’s case management entity can complete an exception
request to pay for job coaching from the time of job placement. This request can
be made if the client’s support team cannot determine whether the person’s job is
stable, and the team determines the ODDS-funded job coach is the best fit.
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Limitations of the VR Job placement services contract contact:
The “VR Job Placement Services Contract” does not directly support personal
assistance services. However, many examples of personal assistance support
may be considered incidental to VR job coaching.
Helping a client set up a workstation, assisting the client with putting on personal
protective equipment (PPE), opening a door if necessary or similar activities may
be performed by VR contractors in the normal course of their work.
If the activity can be considered a naturally occurring event or something that a
person would normally assist another person with, it is not necessary to identify
this as a personal assistance service and should be considered a normal
(incidental) part of job coaching.
VR job coaching is limited to services that assist the client with learning how to
perform a task. If the task is something that the client will generally always
require assistance with, this does not meet the VR definition of job coaching and
will need to be identified as a needed personal assistance support. (OAR 582-
072-005 (4) (4))
The VR Job Placement Services Contract does not permit any personal
assistance support that requires the job coach to be specifically trained in a task
to perform the activity with the client.
• This would include activities such as restraints or holds, medication
management, toileting or feeding tubes.
• If a client requires these supports, they must be identified prior to entering
job development or job coaching and will require coordination with the
client’s service coordinator or personal agent.
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Additionally, because VR contractors are not required to always be with the client
on the jobsite, the VR Job Placement Services Contract does not cover Positive
Behavior Support Plans that require line of sight supervision or assess the client
at risk of choking, falls or other elevated safety or medical risk.
These services must be coordinated prior to entering job development or job
coaching with the client’s service coordinator or personal agent.
P
ersonal assistance services when VR is the authorized payee:
Re
gardless of who serves as vendor, VR shall detail clearly outline all conditions
for the purchased services in a written contractual agreement between the
participant and the attendant prior to VR authorizing any service.
D
ocumentation for provision of personal assistance services:
VR may provide funds for a personal care assistant only when the client is not
authorized to receive Personal Assistance Services from other sources.
• Dually enrolled clients with the Oregon Office of Developmental Disabilities
(ODDS), are not eligible for Personal Assistance Services with VR.
o These clients must receive Personal Assistance Supports through
ODDS.
This will normally require that the Service Coordinator or
Personal Agent request an exception to policy through the
ODDS DD program.
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Consultation for VR funded personal assistance services:
Prior to authorizing personal care assistant services, VR shall obtain a
recommendation from a medical consultant whenever medical information is
unclear about the need for services.
• Additional specialized evaluation may be necessary to determine the
amount and type of attendant care necessary.
Financial needs assessment for VR funded personal assistance
services:
VR may not apply a financial needs test or require the financial participation of
the individual as a condition for furnishing personal assistance services.
Rate of payment for VR funded personal assistance services:
When VR funds are used, the rate of payment shall not exceed the rate the
ODHS Aging and People with Disabilities (APD) and/or Office of Development
Disabilities (ODDS) office pays for comparable services. The branch manager
may make exceptions in unusual and well-documented instances.
The services may include training in managing, supervising, and directing
personal assistance services. 34 CFR 361.5(c)(38)
Definitions for Personal Assistance Services:
“Job Coaching” means direct services authorized by Program staff and provided
on the job to teach the participant the essential skills necessary to complete
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required job tasks beyond what is normally provided by the employer. OAR 582-
072-005 (4) (4)
“Personal Assistance Services” means a range of services, including, among
other things, training in managing, supervising, and directing personal assistance
services, provided by one or more persons, that are—
(i) Designed to assist an individual with a disability to perform daily living
activities on or off the job that the individual would typically perform without
assistance if the individual did not have a disability.
(ii) Designed to increase the individual's control in life and ability to perform
everyday activities on or off the job.
(iii) Necessary to the achievement of an employment outcome; and
(iv) Provided only while the individual is receiving other vocational rehabilitation
services.
Reference:
34 CFR 361.48(b)(14)
Physical and mental restoration services:
As a reminder, VR is only permitted to provide minimally necessary services and
least costly to meet the rehabilitation needs of the individual. The VR counselor
must always explore comparable benefits prior to authorizing restoration
services.
Restoration services are services necessary to correct or substantially modify a
physical or mental condition to reduce or eliminate a functional limitation resulting
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in a barrier to employment. VR may provide physical and mental restoration
services consistent with accepted medical practice to the extent that assistance
is not available through other comparable benefits and services.
The Oregon Health Plan serves as the standard.
• Restoration services expected to exceed $1,000 will require additional
evaluation by a qualified medical consultant within the scope of their
licensure.
• Services shall address a specific, documented disability-related
impairment. The impairment must result in a substantial impediment
directly affecting a participant’s ability to reach an employment outcome.
The treatment of medical or psychological conditions is not the primary focus of
the VR Program. VR provides physical and mental restoration services only
insofar as the program determines the services will remove or reduce barriers to
an employment outcome. VR does not remediate disabling conditions that do
not, or are not expected to, adversely affect the attainment of the employment
outcome.
• VR does not provide ongoing treatment for chronic or progressive medical
or mental health conditions.
• VR may aid with short-term mental health treatment expected to resolve an
identified barrier to employment.
In determining whether it is appropriate to provide physical and mental
restoration services, VR shall answer several questions:
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• Does the participant require the service to reduce or eliminate the disability-
related functional limitation that is a substantial impediment to
employment?
• Is the service likely to correct or expected to significantly improve the
mental or physical condition and reduce or eliminate the impediment within
a reasonable period?
• Is the service generally accepted and approved as effective by the
appropriate professional discipline(s)?
• Does the participant lack access to medical insurance or other resources
that will pay for the restoration services?
• Has the participant followed through with all available comparable benefits
VR has provided to them as resources?
If the answer is “no” to any of the above, it is likely that it is not appropriate for VR
to provide the restoration service.
Restoration services provided by the VR shall, within a reasonable period, be
expected to correct or significantly modify an impairment that constitutes a
substantial impediment to employment. In general, restoration services provided
by VR should not exceed six months in duration.
Documentation required for physical or mental restoration services:
Wh
en VR provides physical or mental restoration services, there must be
documentation in the file that the clinical status of the individual is medically
stationary or slowly progressive.
VR shall also document that the service is a requirement for the individual to
achieve a successful employment outcome.
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Ac
ute, critical, or sudden onset conditions requiring restorative
services:
VR shall not provide restoration services for treatment of acute medical or
psychological conditions unless these conditions are associated with or arise out
of the provision of physical or mental restoration services in the IPE.
M
edical consultation for restorative service:
Re
storation services that are expected to exceed $1,000 will require additional
evaluation by a qualified medical consultant within the scope of their licensure.
This evaluation will help determine the necessity and appropriateness of the
service.
The medical consultant is required to complete the following:
• Review the record to ensure the accuracy of medical information.
• Advise on the service requirement.
• Educate the counselor on the procedure and required follow-up.
• Identify or validate functional limitations, and
• Serve as a liaison with the medical community.
D
iagnosis and prescription:
A
qualified professional shall provide all diagnoses and treatment
recommendations. VR considers a professional is qualified when the individual is
licensed or certified in accordance with Oregon laws, or equivalent licensure and
certification laws governing the provision of medical or psychological services in
the state of purchase.
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A medical prescription from a qualified provider is required for:
• Eyeglasses and hearing aids
• Orthotic devices
• Wheelchairs
• Physical, occupational, speech and other therapies
• Prescriptions and medical supplies, and
• Other physical and mental restoration services.
Medical services available under restorative services:
Physical and mental restoration services may include, but are not limited to, the
following:
Dental treatment – When the condition of a participant’s gums or teeth imposes
a significant impediment to employment, VR may provide dental treatment.
Dental work includes but is not limited to fillings, extractions, crowns, and
dentures.
Low vision services – Low vision services include visual training, examination,
and services necessary for the prescription and provision of eyeglasses or other
optical aids as prescribed by a physician skilled in diseases of the eye or by an
optometrist, as appropriate.
Mental health treatment – This includes diagnosis and treatment of mental or
emotional disorders. Psychotherapy services shall be recommended by a
psychological or psychiatric consultant.
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• Services shall be for a specific number of sessions or a specified period.
The therapist shall direct treatment toward a specified outcome.
• VR shall provide psychotherapy only when other resources are not
available (for example, community mental health) and when an immediate
and positive vocational impact is anticipated.
Necessary hospitalization – VR shall purchase only those services provided in
a hospital connected with surgery, treatment, or an evaluation procedure.
• When a provider recommends hospitalization, VR shall obtain from the
physician an estimate of the anticipated services and number of days of
hospitalization required.
• The record shall contain an official hospital report (including discharge
summary or similar reports).
Nursing services – VR shall purchase nursing services only when required
during hospitalization.
Orthotic and prosthetic devices – VR shall only purchase orthotic and
prosthetic devices when prescribed by a physician or appropriate specialist.
• These devices can never be authorized for an individual who has applied
but has not been found eligible for rehabilitation services.
Physical and occupational therapy – VR may purchase physical and
occupational therapy only on a time-limited basis to achieve specific goals
associated with employment.
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Podiatry – VR may pursue diagnosis and treatment of disorders of the foot,
ankle, and lower leg only on a time-limited basis to achieve specific goals
associated with employment.
Prescription medications – VR shall purchase prescription drugs only on a
time-limited basis when prescribed by a professional licensed or certified in
accordance with Oregon laws operating within the scope of their authority (for
example, DO, MD, PA or FNP) and when there is a demonstrated need for
prescription drugs in the achievement of the participant’s employment goal.
• VR shall thoroughly explore and document availability of comparable
benefits including Medicaid, pharmacy assistance and programs sponsored
by pharmaceutical manufacturers to provide medications to individuals
unable to afford them.
• In instances when VR is paying for prescription drugs, the record of
services will contain a copy of the prescription.
• VR shall purchase generic drugs unless the physician indicates otherwise.
VR will not support the cost of routine or ongoing medications.
Speech and hearing therapy – VR may provide support for medically directed
speech and hearing therapy on a time-limited basis, purchased from a licensed
specialist to improve or eliminate the participant’s disabling condition to enable
their participation in employment.
Surgical and medical treatment – Prior to moving forward with surgical
intervention, VR shall explore alternative employment opportunities with the
individual that may negate the need for the corrective surgery.
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• VR may only consider surgeries that will correct or substantially modify an
impairment that constitutes a substantial impediment to employment.
• VR shall only cover the cost of surgery if the procedure substantially
reduces impediments to the employment goal.
Wheelchairs and other durable medical equipment – VR shall purchase
durable medical equipment only when prescribed by a physiatrist or other
physician, or by a licensed physical or occupational therapist to assist with
stabilization to obtain the employment goal.
Health insurance co-pays, co-insurance, deductibles, and premiums:
VR can assist with these costs on a short-term basis (generally less than 6
months) if it is determined that this service is essential to address an impediment
to employment. This must be provided as a plan service.
Alternative, complementary and integrative medical practices:
For the most part, the provision of restoration services uses the Oregon Health
Plan (OHP) as the standard. However, VR recognizes that there may be times
when a client may benefit from services not listed within the OHP program.
Some examples of services not provided under OHP include:
• Alternative Medicine: non-mainstream treatment plans used in place of
conventional medical treatments.
• Complementary Medicine: non-mainstream treatment plans used in
conjunction with conventional medical treatments.
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• Integrative Medicine: Conventional and complementary treatment plans
used cooperatively with a holistic approach to services.
• Tr
ibal VR programs may also incorporate traditional healing methods that
are established through and detailed in their grants from Rehabilitation
Services Administration (RSA).
Providing alternative, complementary, or integrative medical products or
services:
In instances where a health-professional licensed through, certified by or
registered with a medical board in the State of Oregon recommends that a client
may benefit from a restorative treatment program that includes an alternative,
complementary or integrative medical product or service; the following
requirements must be met:
• The treatment regimen must address a specific barrier to employment as
listed in the client’s eligibility determination or amended eligibility
determination.
• Must be directly tied to an identified employment goal or functionality.
• The restorative service must be listed in a treatment plan developed by a
licensed medical professional qualified to develop said plan.
• The treatment plan must be tracked to show improvement and demonstrate
the path to overcome the employment barrier.
• The treatment must be time limited.
• The treatment timeline must be specific to the general expectations for that
service.
• The treatment must be an evidence-based practice.
o As defined in OAR 582-001-0010
(29)
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• The treatment plan must be part of the signed and dated individualized plan
for employment (IPE) services or amended IPE.
VR is a federally funded program. The federal funds and the state match are all
federal funding under the Rehabilitation Services Administration (RSA) grant.
Federal funds cannot be used to make purchases of drugs that are illegal in
federal regulations. This means that Oregon VR cannot purchase (but not limited
to) the following examples for cannabis or marijuana:
• Medical marijuana (A controlled substance, on Schedule 1)
• Cannabidiol or CBD (except if the product is an FDA-approved drugs that
contain CBD derived from cannabis and no more than 0.1 percent
tetrahydrocannabinols which are in Schedule V)
• Oregon Medical Marijuana Program card
P
roviding Native American Traditional Healing:
O
regon VR has a cooperative agreement with each of the five Tribal VR
programs. The cooperative agreement discusses how vocational rehabilitation
services can be concurrently provided to an enrolled member of the Tribe.
• The federal grants that fund the Tribal programs may include the provision
of, and payment for, traditional cultural healing practices described in their
grants.
The Oregon VR counselor, joint client, and the Tribal VR Program staff may work
cooperatively to use these traditional, alternative healing practices, as
appropriate, and include them in the IPE services to achieve an employment
goal.
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D
efinitions for alternative, complimentary or integrative medical
provisions:
Alternative medicine means non-mainstream treatment plans used in place of
conventional medical treatments.
Complementary medicine means non-mainstream treatment plans used in
conjunction with conventional medical treatments.
Conventional medicine means medicine usually practiced by holders of an M.D.
(medical doctor) or D.O. (Doctor of Osteopathic Medicine) degrees and by their
allied health professionals (such as physical therapists, psychologists, and
registered nurses).
Integrative medicine means conventional and Complementary treatment plans
used cooperatively with a holistic approach to services.
Reference:
34 CFR 361.48(b)(5)
Post-Employment Services (PES):
Post-Employment Services are defined as services provided by VR after a client
has obtained employment, before the client’s file has been closed, and require an
amendment to the client’s IPE.
The VRC will not see an option to select PES in ORCA however, these
“additional services” will be coded automatically as PES by the ORCA case
management system for reporting purposes.
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If a former client returns to VR, a new case file must be opened before offering
services to the individual.
• If a client’s previous eligibility documents remain current and valid, the
counselor may use these documents to expedite the application and
eligibility determination process.
o If the client’s previous eligibility documents are no longer acceptable,
new eligibility documents are required.
Pre-Employment Transition Services:
Pre-employment transition services (Pre-ETS) represent the earliest set of
services available for students with disabilities who are eligible, or potentially
eligible, for VR services. Pre-ETS are designed to help students identify career
interests. These interests may be further explored through additional VR
services, such as transition services and other individualized VR services.
Both vocational rehabilitation agencies and schools are required by law to
provide certain transition services and supports to improve post-school outcomes
for students with disabilities.
Pre-ETS may begin once a student requests or is recommended for one or more
pre-employment transition services, the current request document has been
signed, and VR has verified they are a student with a disability.
Pr
e-ETS consist of five specific required activities:
• Job Exploration and Counseling
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• Work-Based Learning Experiences, which may include in-school or after
school opportunities, experience outside the traditional school setting
(including internships).
• Must be provided in an integrated environment in the community to the
maximum extent possible.
• Counseling on opportunities for enrollment in comprehensive transition or
postsecondary educational programs at institutions of higher education.
• Workplace Readiness Training to develop social skills and independent
living skills.
• Instruction in Self-Advocacy, including instruction in person-centered
planning, which may include peer mentoring, including peer mentoring from
individuals with disabilities working in competitive integrated employment.
Four Pre-ETS coordination activities that are essential for arranging and
providing Pre-ETS:
• A
ttending Individualized Education Program (IEP) meetings, when invited.
• Working with the local workforce development boards, one-stop centers,
and employers to develop work opportunities for students with disabilities.
• Working with schools to coordinate and ensure the provision of pre-
employment transition services.
• Attending person-centered planning meetings for students with disabilities
receiving services under Title XIX of the Social Security Act, when invited.
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Referrals for public assistance and job placement:
The VR Counselor shall refer individuals to other public programs when such
services could benefit the individual to ensure access to comparable benefits and
resources for participants.
Joint plan development:
If an individual applying for VR services is receiving other benefits or services,
the VR Counselor shall initiate and maintain contact with an individual’s
caseworker or service provider to provide for joint planning.
Information sharing:
VR and other ODHS offices may exchange appropriate medical, psychological,
and other information to facilitate the determination of eligibility and plan for
services. An Authorization for Use & Disclosure of Information form (ODHS form
MSC-3010) signed by the individual is required.
Individuals receiving public assistance may have these benefits suspended or
terminated during their time of involvement with VR.
When VR terminates its services with such an individual, the counselor shall refer
them back to the assistance programs they were previously working with to
ensure that the individual’s case is evaluated for benefits reinstatement.
Services available through comparable benefits:
Oregon Health Plan (OHP):
Th
e Oregon Health Plan (OHP) aids with ongoing health care needs.
197
Ag
ing and People with Disabilities (APD):
O
regon’s older adults, people with disabilities and their families experience
person-centered services, supports and early interventions to help maintain
independence, promote safety, well-being, choice and uphold dignity.
Ch
ild Welfare (CW):
Q
ualified recipients can access treatment and training funding through their
program.
Se
lf Sufficiency Program (SSP):
E
mployment Related Day Care (ERDC) has the primary responsibility for the
provision of childcare. VR may provide childcare, if the service is unavailable
through ERDC, SSP, or other comparable benefits can’t be found, and the VR
Counselor documents that fact in the case file.
T
emporary Assistance to Needy Families (TANF)
TA
NF may provide transportation and evaluations for learning disabilities as well
as other types of evaluations.
J
obs Plus Programs
Jo
bs Plus Programs also provide other training needs.
O
regon Employment Department services (OED):
P
artnering with Oregon Employment Department is crucial to the success of the
entire workforce system. Services offer by the Oregon Employment Department:
198
• Business Xpress (self-employment support)
• QualityInfo (labor market information)
• Unemployment Insurance (if the individual lost their job or hours are
reduced, they may qualify for unemployment benefits to partly replace lost
earnings)
W
orkSource Centers
W
orkSource Oregon
provides both individuals to find j
obs and businesses to find
talent.
Work Opportunity Tax Credit (WOTC)
W
OTC (Oregon) is a Federal tax credit. Employers are p
rovided with an incentive
to hire individuals who face barriers to employment. Qualifying individuals include
some veterans, or simply those who have been unemployed for an extended
period. Tax credits range from a minimum of $1,500 to a maximum of $9,600 per
hire.
Referrals offered by the 211 programs:
Basic human needs resources
•
Includes food and clothing banks, shelters, rent assistance, and utility
assistance.
P
hysical and mental health resources
•
Includes health insurance programs, Medicaid and Medicare, maternal
health resources, health insurance programs for children, medical
199
information lines, crisis intervention services, support groups, counseling,
and drug and alcohol intervention and rehabilitation.
Wo
rk support
• In
cludes financial assistance, job training, transportation assistance, and
education programs.
Access to services in non-English languages
• In
cludes language translation and interpretation services to help non-
English-speaking people find public resources. Foreign language services
vary by location.
Support for older Americans and persons with disabilities
• In
cludes adult day care, community meals, respite care, home health care,
transportation, and homemaker services.
C
hildren, youth, and family support
• In
cludes childcare, after-school programs, educational programs for low-
income families, family resource centers, summer camps and recreation
programs, mentoring, tutoring, and protective services.
Suicide prevention
• In
cludes referrals to suicide prevention help organizations. Callers can also
dial the following National Suicide Prevention Hotline numbers, which are
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operated by the Substance Abuse and Mental Health Services
Administration of the US Department of Health and Human Services:
1-800-273-TALK (1-800-273-8255)
1-800-SUICIDE (1-800-784-2433)
1-888-SUICIDE (1-888-784-2433)
1-877-SUICIDA (1-877-784-2432) (Spanish)
Text or call 988.
Rehabilitation technology and rehabilitation engineering:
VR provides rehabilitation technology services when appropriate to allow
improved access to educational and employment activities within the context of
an IPE.
R
ehabilitation technology
Re
habilitation technology means the systematic application of technologies,
engineering methodologies, or scientific principles to meet the needs of, and
address the barriers confronted by, individuals with disabilities in areas that
include education, rehabilitation, employment, transportation, independent living,
and recreation. The term includes rehabilitation engineering, assistive technology
devices, and assistive technology services.
Rehabilitation engineering
Re
habilitation engineering means the systematic application of engineering
sciences to design, develop, adapt, test, evaluate, apply, and distribute
201
technological solutions to problems confronted by individuals with disabilities in
functional areas, such as mobility, communications, hearing, vision, and
cognition, and in activities associated with employment, independent living,
education, and integration into the community.
A
ssistive technology device
A
ssistive technology device means any item, piece of equipment, or product
system, whether acquired commercially off the shelf, modified, or customized,
that is used to increase, maintain, or improve the functional capabilities of an
individual with a disability, except that the reference to the term individuals with
disabilities shall mean more than one individual with a disability as defined in
paragraph (20)(A) of the Act. (See also Section 3, Assistive Technology Act of
1998 (29 U.S.C. 3002))
Assistive technology service
A
ssistive technology service means any service that directly assists an individual
with a disability in the selection, acquisition, or use of an assistive technology
device. Such term includes:
The evaluation of the assistive technology needs of an individual with a disability,
including a functional evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the individual in the customary
environment of the individual.
A service consisting of purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by individuals with disabilities.
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A service consisting of selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, replacing, or donating assistive technology
devices,
Coordination and use of necessary therapies, interventions, or services with
assistive technology devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and programs.
Training or technical assistance for an individual with a disability or, where
appropriate, the family members, guardians, advocates, or authorized
representatives of such an individual.
Training or technical assistance for professionals (including individuals providing
education and rehabilitation services and entities that manufacture or sell
assistive technology devices), employers, providers of employment and training
services, or other individuals who provide services to, employ, or are otherwise
substantially involved in the major life functions of individuals with disabilities.
A service consisting of expanding the availability of access to technology,
including electronic and information technology, to individuals with disabilities.
Requirements of providing rehabilitation technology services:
VR shall consider utilization of rehabilitation technology services for individuals to
assess and develop the participant’s capacities to perform adequately in a work
environment.
VR provides rehabilitation technology services only when the provision of such
services represents the most appropriate and cost-effective approach to
improving access to education or employment activities.
203
To reduce program costs, VR shall use comparable benefits whenever available.
VR shall not delay provision of rehabilitation technology services while
determining availability of comparable benefits.
The purpose of the service needs to be determined on an individual basis. VR
shall determine the need for rehabilitation technology services through
assessment of the participant’s needs and evaluation of services available to
meet those needs.
A professional skilled in rehabilitation technology shall perform any evaluation of
an individual's need for rehabilitation technology services. VR should provide the
purpose for the referral and the questions that the evaluation needs to answer to
the evaluator.
At the conclusion of the evaluation summary in the participant’s file, the VR
counselor shall prepare an evaluation of impediments to employment and the
appropriateness of rehabilitation technology services as a strategy to reduce or
eliminate the impediments.
VR shall consider and incorporate usage and training costs into the IPE when
appropriate.
Once vocational rehabilitation services under VR end and the case is closed,
responsibility for the rehabilitation technology falls to the employer or individual
(as applicable by the Americans with Disabilities Act).
VR shall direct any questions or concerns related to an employer’s obligation to
the Department of Justice (DOJ) or Equal Employment Opportunity Commission
(EEOC).
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VR shall not repossess equipment or devices unless the equipment:
• Relates only to the performance of an occupation in which the participant is
no longer engaged.
• Has no significant application in activities of daily living.
• Would be easily transferable to another participant.
Reference:
34 CFR 361.48(b)(17)
Academic and vocational training:
VR may provide support for training necessary for a participant to achieve a
suitable and agreed upon employment outcome as indicated in the individualized
plan for employment. The training must be required to meet the minimum
qualifications necessary to obtain, maintain, retain, or advance in the chosen
vocational goal.
Subcategories of training VR may provide:
Basic academic, remedial or literacy:
Th
is includes literacy training or training provided to remediate basic academic
skills needed to function on the job in the competitive labor market.
Note: This does not include support for a GED, as it is considered a
miscellaneous training.
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C
ommunity college:
Th
is category includes full-time or part-time academic training above the
secondary school level leading to an associate degree, a certificate or other
recognized educational credential. Such training is provided by a community
college, junior college, or technical college.
F
our-year college degree
Th
is includes full-time or part-time academic training leading to a baccalaureate
degree, a certificate or other recognized less-than-postgraduate educational
credential. Such training may be provided by a four-year college or university or
technical college.
G
raduate college or university:
Full-time or part-time academic training leading to a degree recognized as
beyond a baccalaureate degree, such as a Master of Science of Master of Arts
(M.S. or M.A.) or Doctor of Philosophy (Ph.D.).
D
isability related skills training:
Dis
ability-related augmentative skills training includes but is not limited to
orientation and mobility, rehabilitation teaching, training in the use of low vision
aids, Braille, speech reading, sign language, and cognitive training or retraining.
Note: Driver training on the operation of adaptive equipment is included in this
subcategory of training.
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J
ob readiness:
Tr
aining provided to prepare an individual for work. Examples include work
behaviors, interpersonal communication skills, or increasing productivity.
M
iscellaneous training opportunities:
Mi
scellaneous training that is not included in one of the other categories listed. It
includes GED or secondary school training leading to a diploma, or courses
taken at four-year or community colleges not leading to a certificate or diploma.
Examples include:
• CPR/First Aid
• Driver’s License/Food Handlers
• High School Equivalency (GED)
• Non-credentialed Training
O
ccupational or vocational training:
Th
is includes occupational, vocational or job skill training provided by a
community college or business or both, vocational or trade schools, or technical
school to prepare students for gainful employment in a recognized occupation,
but not leading to an academic degree.
O
n the Job Training (OJT):
Th
is category includes training in specific job skills by an employer. The VR
participant must be hired by the employer to use an OJT.
207
VR may establish an OJT when a participant’s most appropriate preparation for
an employment outcome is on a job site as required by the individual’s disability.
The VR counselor and the employer negotiate a percentage of the wage to be
reimbursed by VR and the length of the OJT as needed to learn the skills
necessary to maintain employment. The employer is reimbursed for the
individual’s wages via authorization for purchase (AFP).
[This is unclear. Why would they sign for more than one OJT program?] The
participant, counselor and employer sign a written agreement that describes the
OJT and its requirements.
The employer must cover the participant under workers’ compensation and
provide the VR counselor with monthly reports of progress toward the completion
of the skill acquisition as outlined in the OJT agreement.
The following link is to be used for the OJT written agreement: OJT Agreement
.
Registered apprenticeship:
Th
is is a work-based employment and training program that combines hands-on,
on-the-job work experience in a skilled occupation with related classroom
instruction. Structured apprenticeship programs generally have minimum
requirements for the duration of on-the job work experience and classroom
instruction. They usually provide a recognized certificate of completion.
Apprenticeship programs are distinguished from other work-based efforts
including co-op education, on-the-job training, and internships.
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Apprenticeship programs:
• Include supervision and structured mentoring.
• Provide for wage increases as an apprentice's skills increase.
• Are based on an employer-employee relationship, and
• Provide an industry-recognized certificate of program completion.
Tutoring
Tutoring is an additional service provided to support an individual in the
acquisition of an educational or employment goal.
VR may provide time-limited and focused tutoring with specific and measurable
goals when the VR counselor determines it is necessary to reach an employment
outcome. For example, tutoring services may be supported by diagnostic or
psychological consultation recommendations.
The VR counselor shall document the tutor’s qualifications and explain how their
qualifications meet the individualized needs of the participant.
Licensing and certification
Provision of funds for the testing to obtain occupational licenses and certifications
may be provided.
Note: This category does not include the cost of the training to enable the
participant to pursue a license or certificate.
209
Other Goods and Services, as they relate to training.
Use this category only for other VR services that cannot be recorded elsewhere.
Include in this category such services as the provision of funds for tools and
equipment, computer, and supplies.
Minimum standards for supporting continuing education or
training:
VR may only approve vocational or academic training at an educational
institution that meets accreditation and licensing standards, including the
following:
• A school that has accreditation recognized by the U.S. Department of
Education.
• A school approved by the Oregon Student Access Commission through the
Office of Degree Authorization to offer and confer degrees in Oregon.
• A community college.
• A state institution of higher education within the Oregon University System.
• Oregon Health & Science University.
• A career school licensed under ORS 345.010 to 345.450. The list may be
found at: https://www.oregon.gov/highered/institutions-
programs/private/Pages/PCS-licensed.aspx
• An apprenticeship program registered with the State Apprenticeship and
Training Council.
• VR may support training programs offered online. However, the institution
or program providing the training must possess accreditation and licensure
meeting the requirements outlined above.
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Note: Further information for approved institutions and training programs for
Oregon may be found at the Higher Education Coordinating Commission
website:
https://www.oregon.gov/highered/plan-
pay-for-college/Pages/find-
colleges-programs.aspx
Approval authorization levels
Approval levels required for supporting academic or vocational training within an
IPE are as follows:
• Academic or vocational training leading to a certificate, an associate, or a
bachelor’s degree may be approved by the Vocational Rehabilitation
Counselor.
• Graduate degrees such as a master’s or doctoral (PhD) degree require a
branch manager’s approval.
• Any individual desiring to participate in an academic or vocational program
occurring at a private institution or an institution outside of Oregon must be
approved by the deputy director of direct services regardless of the level of
degree or certification.
• Any consideration of supporting housing must be approved by the deputy
director of direct services regardless of the level of degree or certification.
Basic requirements for all training options
VR may support academic or vocational training to prepare a participant for
placement in an occupation requiring a degree, licensure, or certification.
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• Academic and training programs must hold appropriate certification,
licensure and meet the appropriate academic and Americans with
Disabilities (ADA) requirements.
• VR may provide academic or training services only under an Individualized
Plan for Employment (IPE).
o Authorization for purchase (AFP) is completed each term or within
agreed upon reporting schedule, as needed to continue funding.
• Academic or vocational training is limited to what is required to achieve the
employment outcome as listed within the IPE.
• When pursuing a four-year degree program, it is recommended that the
participant attend the first two years at a community college and then
transfer to the four-year degree program whenever possible.
Expectations for participants enrolled in a VR funded academic or
vocational training:
VR participants pursuing an education and training program must:
• Attend a public, in-state institution unless extenuating circumstances
prevent that option, or the out of state program is available to the
participant at a cost less than what it would be at the public, in-state option.
• Take only the training courses to achieve the established employment
outcome.
• Receive prior approval from the VR counselor for any elective classes that
are not necessary for graduation and require additional tools, supplies, or
equipment.
o Examples: scuba diving equipment, swimming pool pass,
photography equipment, or art supplies.
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• Make satisfactory progress toward meeting all graduation or completion
requirements within the institution’s deadline.
• Notify the VR counselor prior to withdrawing from any class or withdrawing
from the training.
• Make up any incomplete or “no basis” grade for a course in the major field
of study within the academic calendar year.
• Receive approval from the VR counselor to retake any course that resulted
in a failing grade.
o The decision to allow a course to be retaken is at the discretion of the
VR counselor.
o The VR counselor must have adequate documentation to support the
allowance of a repeated course.
o The VR counselor shall not fund additional retakes (meaning a third
attempt) of a course that resulted in a subsequent failing grade or the
grade desired by the individual.
• Obtain and maintain the industry standard grade point average (GPA)
required to maintain attendance and grant funding for the training program.
o If the industry standard is not set, then a 2.0 cumulative GPA is
required to obtain and maintain VR funding.
o VR recognizes that in some situations, a student may encounter a
situation that causes their GPA to drop below the minimum required
threshold.
VR may provide funding for up to one additional semester (e.g.,
probationary semester) to allow the student to bring their
cumulative GPA back to the required minimum.
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At the end of this probationary semester, if the individual’s
cumulative GPA is still below the required minimum, VR will
cease funding the academic course of study until the individual
brings their cumulative GPA to the required standard.
• Submit the completion documents at the end of each term or semester to
verify the earned measurable skills gains or credential attainment.
o Examples include:
A grade report
A final transcript
A certificate of completion, diploma, or degree
Contact requirements for participants enrolled in training
programs:
VR participants that are actively enrolled in either secondary or post-secondary
education are exempted from meeting the 30-day check in requirement
established for individuals not participating in an education program.
• However, VR counselors must establish a regularly scheduled check-in
with all individuals participating in an education program on a schedule that
best serves the student’s individual needs.
• Counselors must ensure that they maintain contact with the student
frequently enough to identify and mitigate problems that can impede
satisfactory school progress (such as attendance or problems with
accommodations).
At a minimum, VR counselors must have meaningful and substantive contact
with the student at the completion of each term or semester to review
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attendance, grades and progress toward training program completion, financial
status, and future-plans. More frequent contact may be required by the VR
counselor should they deem this necessary.
Financial aid and comparable benefits:
All participants seeking VR support for training must apply for student financial
aid and all other applicable comparable benefits.
The participant must submit an annual “Free Application for Federal Student Aid
(FAFSA)” to the school’s financial aid office within the deadline for submission.
If a participant is in default on student loans, they are not eligible for VR support
for training from an institution that offers federal financial aid.
The participant shall provide the counselor with a copy of the accepted financial
aid package for the VR case file as soon as it become available.
If the most appropriate training site does not offer federal financial aid, the VR
counselor must document exploration of comparable benefits, including the
considerations of completing the training at an institution that offers federal
financial aid. This documentation verifies the need to attend training at a site that
does not offer federal financial aid.
VR financial aid report:
The “VR Financial Aid Contribution Worksheet” must be completed annually or
when a change has occurred with the participant’s financial aid package. When
available, it is preferred to use the individual’s student account to obtain this
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information. By using the individual’s account, VR is better equipped to develop
the specific funding allowance to provide the maximum benefit allowed.
If the information is not available to the individual via the institution’s online
account, then the VR counselor needs to acquire the required information from
the institution.
If the VR counselor uses information provided by the individual’s student
account, the VR counselor must document the date the information was obtained
and verify that the information is valid. If available, the VR counselor can print
the screen to include in the file.
Allowable academic and vocational training costs:
VR’s financial assistance with a participant’s education or training program must
not exceed the cost identified as the public in-state rate. VR generally supports
an education and training program at the college, university, or training site
closest to the client’s home.
Example: a participant from out of state receiving VR services from Oregon VR,
wishes to attend an Oregon education program. Because the participant is not
an Oregon resident, the cost of attendance for that individual will reflect out-of-
state costs that exceed the rate for in-state attendees.
• VR is limited in the amount it can pay to what an Oregon resident would
pay for that same program.
Example: an Oregon resident who chooses to pursue training at an institution
outside of Oregon will incur costs exceeding the in-state cost of attendance.
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• VR is limited to the amount it can pay to what a public Oregon institution
with a similar program would allow for cost of attendance.
Example: a participant wishes to pursue training at a private institution. The cost
of attendance for the private institution will exceed the cost for a similar in-state
program.
• VR is limited to the amount it can pay to what a public Oregon institution
with a similar program would allow for cost of attendance.
• If a student chooses to participate in an education or training program at an
institution different than the nearest available option, VR funding is limited
to the amount it would cost to attend an institution that is located nearest to
the individual’s residence.
o Any support provided for housing is considered an exception. As
such, it requires the approval of the deputy director of direct services.
This level of approval ensures consistency of application across the
state.
• Equipment, tools, or supplies required for participation in an education or
training program may be paid for by VR under the “Other Goods and
Services” subcategory.
Disallowed training services:
For an employed participant, VR shall not develop or fund school training that is
available through the employer staff development programs.
For a current high school student, VR shall not provide school training services
available through the secondary school system because it is a comparable
benefit.
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Monetary loans to participants are strictly prohibited. Under no circumstances,
including supervisory pre-approval, shall VR make the student loan payment for
the participant who accepts a student loan (per federal Higher Education Act).
VR shall not pay:
• Bad debts, liens, or judgments (for example, defaulted student loans);
• Entertainment expenses, including costs of amusements and social
activities (for example, fraternity or social organization fees);
• Fines, court costs and similar expenses; or
• Consumer interest payments (for example, interest portion of student loan
payment).
Accommodations:
Academic institutions are responsible for providing reasonable accommodations.
VR shall provide participants with information about services through the
college’s office of services for students with disabilities.
Reference:
34 CFR 361.48(b)(6) Services for individuals who have applied for or been
determined eligible for vocational rehabilitation services
Required data elements for training:
Education goal:
Th
e educational goal reflects the participant's next educational or training
milestone that they plan to achieve in the next year.
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Educational goals and subsequent outcomes must be directly tied to the
employment goal in the individualized plan for employment (IPE).
The employment goal must be consistent with the general goal of competitive
integrated or supported employment.
C
redential attainment:
Cr
edential attainment is the percentage of those participants enrolled in an
education or training program (excluding those in on the job training or OJT and
customized training) who attain a recognized postsecondary credential or a
secondary school diploma or its recognized equivalent, during participation in or
within one year after exit from the program. (34 CFR 361.155(a)(1)(iv)(A))
Secondary school diploma:
S
econdary school diploma means a diploma that is recognized by a state and
included for accountability purposes under the Elementary and Secondary
Education Act of 1965 (ESEA), as amended by Every Student Succeeds Act
(ESSA).
Postsecondary degree or certificate:
Th
is means a degree or certificate that recognizes an individual's attainment of
measurable technical or industry or occupational skills necessary to obtain
employment or advance within an industry or occupation.
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Examples of degrees and certificates:
• Associate, bachelor's, graduate degree obtained from a postsecondary
institution.
• General certificates/licensures, registered apprenticeship and career and
technical education certificates including National Institute for Metalworking
Skills, Machining Level I credential and Microsoft Certified Professional.
• Occupational certification including Automotive Service Excellence (ASE),
Certified Rehabilitation Counselor (CRC), Licensed Master of Social Work
(LMSW), Certified Nursing Assistant (CNA), Licensed Practical Nurse
(LPN), and other recognized certificates of industry/occupational skills
completion sufficient to qualify for entry-level or advancement in
employment.
Credential attainment may only be reported when:
•
The
educational goal is entered into ORCA.
• The completion dates and outcome are entered into ORCA.
• Supporting evidence is in the case record.
Certificates:
Certificates must recognize technical or industry or occupational skills for the
specific industry or occupation rather than general skills related to safety,
hygiene or the workplace that are broadly required to qualify for entry level
employment.
Certificates awarded by workforce development boards (WDBs) and work
readiness certificates are not included in this definition. These types of
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certificates are not recognized industry wide. They do not document the
measurable technical, industry or occupational skills necessary to gain
employment or advance within an occupation.
E
xamples of training and educational activities that are NOT allowable
as credential attainment:
On-the-job training (OJT) or customized training are measurable skill gains if they
meet measurable skills gains (MSG) requirements. They are not credentials.
Examples of training and educational activities that do not count toward the
attainment of a credential.
• Oregon Alternative Certificate
• Oregon National Career Readiness Certificate (NCRC)
• Occupational Skills Training (OST)
• Career Workforce Skills Training (CWST)
• Food Handler's Card
• Certificates for upgrading basic computer skills.
• Red Cross CPR
• On the job training (OJT) or Work Experience
• Customized Training Internships
• Driver's License or driving training
• Computer coding camps
M
easurable Skills Gains (MSG):
Measurable skill gains (MSGs) are a measure of the documented progress
(academic, technical, occupational, or other) an individual makes in a training or
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education program toward obtaining a recognized postsecondary credential or
reaching an employment-related performance outcome. This progress is
captured and reported throughout the life of the case.
The measurable skill gains (MSG) indicator is the percentage of program
participants who, during a program year:
• Are enrolled and participate in an education or training program
• That leads to a recognized postsecondary credential or employment; and
• Achieve documented progress in attaining academic, technical,
occupational, or other forms of progress toward that credential or
employment.
All measurable skill gains must be supported with the appropriate documentation.
MSGs are documented when they are achieved by the participant, not the date
the VR counselor received the supporting documentation. MSGs are counted in
real time as we go — not just at the end of the case services as they are reported
to the Rehabilitation Services Administration (RSA) quarterly. MSG Examples
Include:
E
ducational Functioning Level (EFL) Gain
A
measurable improvement in educational attainment indicated by a pre-and
post-test. An example includes passing from a 9th grade reading level to a 10th
grade reading level in accordance with the school’s academic polices. Tests
used for this may include the test of Adult Basic Education (ABE) and Basic
English Skills Test (BEST).
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Secondary transcript or report card
A transcript or report card, for each school year indicating program passing
(according to the school’s academic policies) in high school (HS), high school
equivalency diploma (HSED), or general educational development (GED)
program. The report card must not indicate the participant dropped out of school,
was removed from the institution, or any other conditions that indicate removal on
academic or conduct grounds.
Postsecondary transcript or report card
A transcript or report card demonstrating the following based upon enrollment
status:
• Full-time student -- completion of a minimum of 12 hours for one semester.
• Part-time student -- completion of a minimum of 12 credit hours over the
course of two completed semesters during a 12-month period.
Training milestone
A satisfactory or better progress towards skill advancement while participating in
on-the-job training (OJT), or a registered apprenticeship program.
Skills progression
Successful passage of an exam required for an occupation or progress in
attaining trade-related benchmarks. Exam examples include the Certified
Rehabilitation Counselor (CRC), National Counselor Exam (NCE), Commercial
Driver's License (CDL), and welding certification. Documentation may include
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transcripts and certificates including electronic documents originating from the
training entity.
Educational outcome:
An educational outcome is the endpoint or conclusion of the current educational
goal. Progression towards graduation from a secondary or post-secondary
education program is also an educational outcome and important for
documentation.
Educational outcomes in ORCA include:
• Special education certificate.
• High school diploma.
• Including the Oregon Modified Diploma or Extended Diploma.
• High school diploma.
• GED.
• Associate degree.
• Bachelor's degree.
• Master's degree.
• Doctorate degree completed apprenticeship.
• Obtained certification.
• Vocational/technical certificate.
• Vocational/technical license.
• Disenrollment.
o Includes dropped out, expelled from the program or did not
successfully complete.
• No Degree or Certificate Completion or Certificate Completion.
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Transportation services:
Transportation refers to travel and travel-related expenses necessary for an
individual to participate in required vocational rehabilitation services. VR may
provide transportation services when the individual requires the service to
participate in or access a substantial service required by an individual to achieve
an employment outcome.
Transportation services may include training in the use of public transportation,
payment for other transportation resources and reimbursement for use of a
private vehicle or vehicle repair. Selection of transportation services must give
preference to the least expensive alternative, while also considering the
circumstances and special needs of the individual.
Transportation services must be prior authorized and provided only if necessary,
to enable an individual to participate in a required vocational rehabilitation service
subject to the following:
• Where local public transportation is available and accessible to the
individual, any reimbursement for transport must not exceed the public
transportation rate. The counselor must provide written justification for
preauthorization of transportation costs more than the least expensive
public transportation service available to the individual.
• Where public transportation is not available or cannot be used because of
the individual’s disability, reimbursement may be authorized for the use of a
private vehicle or other appropriate form of transportation.
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V
R shall reimburse transportation costs based first on:
• Published rates for public transportation in local metropolitan areas, and
• Averaging the Internal Revenue Service (IRS) standard mileage rates for
the “Business” and “Moving/Medical” categories. VR will update the rate
each January based on federal guidelines.
Mileage reimbursement:
VR uses a program-established rate of client mileage reimbursement if the client
is provided transportation service in their individualized plan for employment.
• Effective January 1, 2024, the mileage reimbursement rate for VR clients
will be $0.44 per mile.
• The mileage reimbursement rate is in effect for the period January 1, 2024,
to December 31, 2024, unless revised by program administration.
Note: Rates are updated annually based on federal guidelines.
I
mplementation and transition instructions:
Th
e rate established for client mileage reimbursement is set at $0.44 per mile,
without exception for the period January 1, 2024, to December 31, 2024.
Any VR client currently receiving mileage reimbursement other than $0.44 per
mile must have their reimbursement rate corrected to $0.44 per mile for January
1, 2024, to December 31, 2024.
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L
ocal branch action required:
• Use the established rate of $0.44 per mile for client mileage reimbursement
when authorizing this service.
• Identify clients that receive reimbursement at a rate other than $0.44 per
mile.
• Inform them of the need to adjust to the current mileage reimbursement
rate to assure equal treatment and compliance.
• Review case vocational rehabilitation document to reflect the current
mileage reimbursement rate of $0.44 per mile for the period of 1/1/2024 to
12/31/2024.
Authorized transportation services may include, but are not limited to:
• Fa
res, mileage, and travel costs associated with the use of public or private
transportation, including parking fees and tolls, or
• Other pre-approved necessary and appropriate expenses related to travel.
Moving and relocation:
V
R may authorize moving and relocation expenses up to $3,500 when VR has
determined it is less costly than having the individual commute for employment
when a job offer has been confirmed and a start date established.
V
ehicle maintenance and repair:
Ma
intaining a private vehicle is the responsibility of the owner. VR does not pay
for routine costs associated with maintaining a vehicle such as registration,
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insurance, vehicle depreciation costs and routine maintenance. Typical routine
maintenance includes tune-ups, oil changes and new equipment (such as tires).
VR may assist with necessary repair expenses of an eligible individual’s vehicle
when the repair is essential to participate in a VR required service and the repair
is the least cost option. These repairs must not be a routine maintenance
expense.
VR must agree to and provide prior authorization for any repair service.
The cost of the repair must not exceed the retail value as listed in the “Kelley
Blue Book.”
The VR Program will not approve funding for vehicle repairs to an eligible
individual’s existing vehicle unless the individual provides proof of insurance in
an amount at or above the minimum coverage required by the laws of this state.
V
ehicle insurance requirements:
Th
e VR Program will not purchase insurance for a participant. Should
extenuating circumstances exist, the program may approve reimbursement to an
eligible individual for insurance premiums for a vehicle as follows:
• Approval must be made in writing by the branch manager.
• Approval must occur for a limited duration, must be reviewed monthly, and
must cease once the participant’s case is closed.
• Reimbursement shall not be more than the minimum coverage required by
the laws of this state or, for vehicles purchased with VR Program funds, the
minimum coverage required by this rule.
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• For vehicle purchased with VR Program funds, the approval shall not
exceed the duration of the program’s security interest in a vehicle.
Vehicle insurance payouts:
A
ny insurance property liability payout for a vehicle purchased with VR Program
funds shall be paid directly to the program while the program retains a security
interest in the vehicle; this is the case unless that payout, or a portion thereof is
connected to personal property the program did not purchase or the vehicle was
only partially funded by the program. The program shall apply those funds toward
vehicle repair or replacement, as appropriate.
Any insurance personal liability payout or property liability payout that does not
relate to property the program purchased shall be paid directly to the participant
or injured party, not the program.
If the program partially funded the vehicle purchase and the participant
contributed to its purchase, a portion of the property liability payout proportionate
to the participant’s investment in the vehicle should be paid directly to the
participant and the remainder paid directly to the program.
T
ravel expenses for personal assistants:
VR may provide travel and related expenses for personal assistance services if
such services are necessary to enable the applicant or eligible individual to travel
to participate in a vocational rehabilitation assessment or service.
Reference:
34 CFR 361.48(b)(8)
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Vehicle modification and purchase:
Vocational Rehabilitation may provide vehicle purchase and vehicle modification
for eligible clients that require these supports. Because of the technical nature of
these types of services, Oregon VR has a vehicle modification/purchase
specialist position to assist counselors with this process.
Anytime a VR counselor believes it may be in the best interest of the client to
pursue either a vehicle modification or vehicle purchase, it is highly
recommended that staff involve this specialist as early in the process as possible.
In-depth checklists for both vehicle purchase and vehicle modification have been
created to help guide individuals through this process and must be completed
step by step when working through this procedure.
Process for purchase of vehicle:
Note: This section discusses the process of vehicle purchase and modification.
For situations where the client already owns the vehicle and only requires VR’s
assistance with the modification, please see the section below on vehicle
modification.
Step 1: Pre-evaluation requirements for vehicle purchase
Lack of transportation is not in itself justification for VR to purchase a vehicle.
VR’s purchase of a vehicle must overcome a disability-related barrier to the
participant’s employment.
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A vehicle purchase must support a participant’s specific employment outcome,
and that outcome must require that the participant independently operate the
vehicle.
Vehicle purchases should not be the goal of the Individualized Employment Plan
(IPE) itself.
For participants working toward employment through a self-employment plan, VR
shall not purchase a vehicle if the client’s primary goal involves transportation.
• Examples include Uber, Lyft, taxi service, Grub Hub or Postmates,
commercial motor vehicle operations or any type of shuttle operations.
VR is limited to purchasing the least cost item that meets the requirements to
overcome a barrier to employment. If the participant chooses to request a more
expensive item, the participant must pay the difference; this difference may not
be applied toward the participant’s mandatory contribution as required by the
financial needs test (FNT).
Evaluations necessary to help the counselor determine if a vehicle purchase
should be included as part of a participant’s Individualized Plan for Employment
(IPE) development are allowable prior to the IPE.
• Fiscal expenditures related to vehicle purchases other than assessments,
evaluations, or other services necessary to determine the participant’s
eligibility or IPE requirements are not permitted prior to the participant
being placed in an IPE.
• Any services provided to the participant pre-IPE may be susceptible to
Rehabilitation Services Administration (RSA) approval.
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Before VR may purchase a vehicle, the Vocational Rehabilitation counselor must
verify that the participant does not have a vehicle that may be modified to meet
the transportation needs of the participant’s specific employment outcome.
• Any used vehicle must be evaluated prior to any vehicle modification being
approved. The inspection or evaluation must be performed by an ASE
certified mechanic.
• The ASE certified mechanic must state the vehicle is in an acceptable
condition for the intended modifications for the participant’s IPE. This does
not apply to new vehicles.
Step 2 Vocational Rehabilitation Counselor (VRC) and participant
requirements:
VRC must complete a vocational assessment and show support for the specific
employment outcome that requires a vehicle purchase.
VRC must verify that the participant has a valid permit, driver’s license, or the
ability to obtain one. A copy of permit or license must be in the file.
• VR may consider the purchase and modification of a vehicle when
necessary to allow the participant to successfully pass a driver’s license
examination if a modified vehicle is required for this examination.
o This may only occur under exceptional circumstances and all other
potential avenues must be exhausted prior to this being considered.
The participant’s Individualized Plan for Employment (IPE) goal must clearly
require the operation of the modified vehicle as part of the desired employment
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outcome and may not be considered solely to enable the participant to obtain a
motor vehicle operator’s license.
• In the event the participant does not pass the licensing exam or does not
meet the requirements for a successful rehabilitation, VR retains ownership
of the vehicle.
VR counselor must complete the financial needs test (FNT) with the participant.
• The maintenance, insurance and repair of a VR purchased vehicle will be
the responsibility of the participant upon successful closure of the
participant’s case.
o This must be discussed with the participant as part of the informed
choice process prior to completing the vehicle purchase.
• In many or most circumstances, the participant will likely need to contribute
toward the purchase of the vehicle as part of their required expected
contribution.
o The FNT must be calculated in accordance with OAR 582-070-
0030(2)(i).
• Any disability related cost(s) above and beyond normal household costs
may be exempted or subtracted from the participant’s income during the
FNT.
• Having children in college, buying a car, making mortgage, or rent
payments, household expenses not related to the individual’s disability, etc.
are not disability-related expenses and not above the norm for a
household.
o These items must not be exempted or subtracted from the
participant’s income.
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Participant must sign and agree to all terms as written within the “Pre-agreement
Vehicle Security Interest Agreement” (or Pre-agreement).
• The individual agrees to actively participate in all required activities as
agreed to within their Individualized Plan for Employment (IPE) and to meet
the requirements for a successful rehabilitation.
• VR will invoke its rights under the Pre-agreement and begin the process to
repossess the vehicle and modifications from the participant if the
participant fails to follow the agreements as outlined in the IPE or if they do
not achieve a successful rehabilitation.
A copy of the Pre-agreement must be in the case file when reviewed by the VR
director. The VR director’s signature on the agreement at that time will signify
VR’s concurrence (in other words, agreement) with the vehicle purchase. Branch
manager consultation must take place. The branch manager must agree that a
vehicle is needed to overcome a disability-related barrier to employment.
Step 3: Initial case staffing with central administration
The branch manager will review the client’s file and determine if it is ready for
staffing and decision.
The branch manager helps the VR counselor schedule staffing with the deputy
director of direct services, the regional manager, the business operations
manager, and the policy & training manager.
Following the initial case staffing, the deputy director of direct services notifies
the VR counselor and branch manager whether the VR counselor is authorized
to proceed to the next step in the process.
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Step 4: Driver evaluation process
The VR counselor requests that a Qualified Occupational Therapist (QOT) Driver
Evaluation be completed and returned to the VR counselor.
The QOT report must address:
• The best type of vehicle needed and,
• Any adaptive equipment or modifications required by the participant to
overcome barriers to VR services.
Note: The purchase must be the least cost option.
A specific vehicle cannot be identified during this evaluation.
• If a specific vehicle type is recommended by the QOT, this
recommendation must be justified in the evaluation.
o As an example, some mini vans have wider doors and higher ceilings
that better accommodate powerchairs.
o It is permissible for a vehicle model, type or both to be included in the
evaluation if in the best interest of serving the participant.
Recommendations for vehicle modifications must be limited to equipment needed
to overcome the participant’s barriers to safe motor vehicle operation.
Recommendations made for modifications or adaptive equipment that are
cosmetic or do not directly address a disability-related barrier to safe motor
vehicle operation will not be considered in the bid process.
• However, these modifications or adaptive equipment may be paid for by the
participant if the individual so chooses.
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Specific “name brand” adaptive equipment or assistive technology should not be
included in the evaluation unless it is determined to be the only item available to
meet the participant’s needs.
• When specific brand equipment is provided in the evaluation, the
recommendation must be thoroughly explained and justified.
• For example, an evaluation might recommend a “Braun Model X87
powered retractable van ramp” rather than a “powered retractable van
ramp.” In this example, specific rationale must be provided for why the
Braun model is the only model available.
VR shall not approve technologies considered experimental or unproven by the
Federal Trade Commission’s Bureau of Consumer Protection or that are not
approved by the National Mobility Equipment Dealers Association (NMEDA).
The VR counselor reviews and accepts the recommendations, reviews with
branch manager, and sends the participant hard copy file and evaluation to the
deputy director of direct services.
Step 5: Final file review process
The deputy director of direct services and business operations manager reviews
the hard copy file and all supporting documentation. If approved, the deputy
director of direct services forwards the file to the director with their
recommendation.
The director reviews the case and decides whether to purchase the vehicle. The
director sends the decision to the branch manager and VR counselor.
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• If approved, the deputy director of direct services will notify the branch
manager and VR counselor that bid letters are completed by the VR
Contracts Team and provide an estimated time of completion for this
process.
Step 6: Request for bids, award, and Authorization for Purchase (AFP)
As part of the bid process, the VR counselor and participant must identify any
unique parameters that could potentially affect the vehicle purchase bid process.
• Examples of this may be limitations on the distance a participant could
travel for vehicle maintenance after closure or if a participant has had a
previous negative relationship with a specific vendor.
• These conditions must be documented early in the process and shall be
considered if allowable during the bid and contracting portion of this
process.
Once all approvals are obtained, VR Contracts requests bids for vehicle
purchases. After completion of bid submission, Central VR Administration (for
example, regional manager, business operations manager, policy & training
manager, and deputy director of direct services) evaluate bid submission and
select the bidder to award the contract.
Note: Following the close out date for bid submission, the bid review process
may take up to 30 days depending upon the complexity of the submissions.
The deputy director of direct services or representative notifies the branch
manager and VR counselor of selected vendor or decision.
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• Given the cost (and level of authority to spend), the appropriate position
must initiate the Authorization for Purchase (AFP).
The VR counselor notifies the participant that the bidding process is complete,
and purchase will be made after the “Vehicle Security Interest Agreement” has
been signed. Participant must sign and agree to all terms as written within the
final “Vehicle Security Interest Agreement” (or Agreement).
The individual agrees to actively participate in all required activities within their
Individualized Plan for Employment (IPE) and to meet the requirements for a
successful rehabilitation.
Reminder: VR invokes its rights under the Agreement and begins the process to
repossess the vehicle and modifications from the participant if the participant fails
to follow the agreements as outlined in the IPE or if they do not achieve a
successful rehabilitation.
A copy of the Agreement must be in the case file when reviewed by the VR
director. The VR director’s signature on the Agreement at that time will signify
VR’s concurrence (agreement) with the vehicle purchase.
Step 7: Inspection prior to purchase
Participant acceptance of vehicle is scheduled in collaboration with a qualified
occupational therapist (QOT). At time of delivery and prior to final vehicle
acceptance, the QOT and participant will evaluate proper participant and
equipment fit and the QOT:
• Reports acceptance or identifies any needed corrections, and
• Assures any needed corrections or adjustments have been made.
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If driver training on the operation of adaptive equipment is required, the QOT
assures training must be completed within 90 days of gaining possession of the
modified vehicle.
Step 8: Release of vehicle to participant
The “Vehicle Security Interest Agreement” will be enacted prior to release of
vehicle to the participant.
• Participant is listed as the vehicle’s owner and receives all registration
documentation as required by the Oregon Department of Motor Vehicles.
• VR is listed as the security lien holder on the vehicle title.
o As the security lien holder, VR retains possession of the vehicle title,
pending the participant’s successful rehabilitation.
The participant is responsible for maintaining the following minimum vehicle
insurance requirements until the participant’s VR case file is closed successfully:
• Bodily Injury (BI) $50,000 per person/$100,000 per accident
• Property Damage to Others’ Property $40,000 per accident
• Property Damage (PD) equal to the value of the vehicle
• Personal Injury Protection (PIP) $30,000 per person, and
• Uninsured Motorist Bodily Insurance $50,000 per person/$100,000 per
accident.
Note: VR shall reimburse the participant for the cost of insurance during the
period the “Vehicle Security Interest Agreement” is in effect. The participant is
responsible for insurance following the successful closure of the participant case
file.
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Participant affirms that they understand the conditions outlined in the “Vehicle
Security Interest Agreement” prior to VR releasing the vehicle to the participant.
Participant agrees to actively take part in all requirements outlined in their
individualized plan for employment to the best of their ability.
• If the participant does not actively participate in program services to the
best of their ability, or if the participant cannot meet the requirements for a
successful rehabilitation; VR shall invoke its right to repossess the vehicle
and modifications as outlined in the “Vehicle Security Interest Agreement.”
Step 9: Closure
The VR counselor notifies the branch manager and deputy director of direct
services of pending successful case file closure within 30 days of anticipated
event.
VR counselor ensures that VR releases its security interest in the vehicle within
60 days of successful casefile closure.
The VR counselor places a hard copy of this checklist in participant file in the
“case notes” section.
The VR counselor attaches this completed checklist to an ORCA case note.
Process for vehicle modification:
Note: This section discusses the process of vehicle modification. This is when
the client already owns a vehicle and requires VR’s assistance with the
modification process. For situations where the client requires that VR both
purchase and modify a vehicle, see the preceding section.
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Pre-evaluation requirements for vehicle modification
The client must be determined eligible and be a participant in an Individualized
Plan for Employment (IPE) before a vehicle modification may be considered.
Lack of transportation is not in itself justification for a vehicle modification.
Modification of a vehicle must overcome a disability-related barrier to the
participant’s employment.
A vehicle modification must support a participant’s specific employment outcome,
and that outcome must require that the participant independently operate the
vehicle.
Vehicle modifications must support the participant’s employment outcome and
not be the goal of the Individualized Employment Plan (IPE) itself.
VR is limited to purchasing the modification that is the least cost item that meets
the requirements to overcome a barrier to employment and enables the individual
to operate a motor vehicle safely.
Evaluations necessary to help the counselor determine if a vehicle modification
should be included as part of a participant’s individualized plan for employment
(IPE) development and are allowable prior to the IPE.
Fiscal expenditures related to vehicle modifications other than assessments,
evaluations, or other services necessary to determine the participant’s eligibility
or IPE requirements are not permitted prior to the participant being placed in an
individualized plan for employment (IPE).
• Any services provided to the participant pre-IPE are susceptible to
Rehabilitation Services Administration (RSA) approval.
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Any used or used vehicle must be evaluated by an ASE certified mechanic and
determined to be in sound mechanical condition and capable of supporting any
required modifications.
The VR counselor notifies their branch manager that a vehicle modification is
under consideration and has provided an initial justification.
Step 1: Vocational Rehabilitation Counselor (VRC) and participant
requirements
The VR counselor must complete a vocational assessment and show support for
the specific employment outcome that requires vehicle modification.
Verify that the participant has or can obtain a driver’s license.
• They must provide verification to VR staff and a copy must be in the
participant file.
VR may consider the modification of a participant’s existing vehicle when
necessary to allow the participant to successfully pass a driver’s license
examination if a modified vehicle is required for this examination.
• This may only occur under exceptional circumstances and all other
potential avenues must be exhausted prior to this being considered.
The participant’s Individualized Plan for Employment (IPE) goal must clearly
require the operation of the modified vehicle as part of the chosen employment
outcome and may not be considered solely to enable the participant to obtain a
motor vehicle operator’s license.
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The participant must have both a current registration and insurance on an
existing vehicle prior to VR being allowed to approve modifications.
• A copy of registration and insurance is required in the file before closure.
The VR counselor must complete the financial needs test with the participant and
document the results in the participant’s case file.
Step 2: Initial branch manager and VRC case staffing with central
administration
The branch manager will review the file and determine if it is ready for staffing
and decision.
The branch manager assists the VR counselor in scheduling staffing with the
deputy director of direct services, the regional manager, the business operations
manager, and the policy & training manager.
Following this staffing, the deputy director of direct services notifies the VR
counselor and branch manager whether the VR counselor is authorized to
proceed to the next step in the process.
Step 3: Driver evaluation process
The VR counselor requests that a Qualified Occupational Therapist (QOT)
qualified vehicle modification evaluation be completed and returned to the VR
counselor.
This report must address:
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• Whether the participant’s current vehicle may be modified to meet the goal,
and
• Any adaptive equipment or modifications required by the participant to
overcome barriers to VR services.
Recommendations for vehicle modifications must be limited to overcoming the
participant’s barriers to safe motor vehicle operation.
• Recommendations made by the qualified occupational therapist (QOT) for
modifications or adaptive equipment that is cosmetic or does not directly
address a disability-related barrier to safe motor vehicle operations shall
not be considered in the bid process.
• Should the individual request modifications beyond those needed to safely
operate the vehicle, the participant shall have the opportunity to purchase
those items separate from the VR expense.
• The participant must pay the difference and this difference may not be
applied toward the participant’s mandatory contribution as required by the
financial needs test (FNT).
Modifications must meet any established requirements from the Federal Trade
Commission’s Bureau of Consumer Protection or those by National Mobility
Equipment Dealers Association (NMEDA).
Note: VR may not purchase modifications considered experimental or unproven.
Specific “name brand” adaptive equipment or assistive technology should not be
included in the evaluation unless it is determined to be the only item available to
meet the participant’s needs. When specific brand equipment is provided in the
evaluation, justification for that recommendation must be thoroughly explained.
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• For example, an evaluation might recommend a “Braun Model X87
powered retractable van ramp” rather than a “powered retractable van
ramp.” In this example, specific rationale must be provided for why the
Braun model is the only model available.
VR shall not approve technologies considered experimental or unproven by the
Federal Trade Commission’s Bureau of Consumer Protection standards or are
not approved by the National Mobility Equipment Dealers Association (NMEDA).
The VR counselor reviews and accepts the recommendations, reviews with
branch manager, and sends the participant hard copy file and evaluation to the
deputy director of direct services.
Step 4: Final file review process
Deputy director of direct services and business operations manager review the
entire hard copy file and supporting documentation.
For modifications where the VR Program’s total expenditure is less than $5,000
and all recommended adaptive equipment will not be permanently attached to
the vehicle, this modification may meet the definition of rehabilitative technology.
• If the review committee determines that the modification meets these
criteria, the purchase may proceed as rehabilitative technology.
o The VR counselor and branch manager will be notified that they may
proceed with a local purchase outside of the bid process.
• The VR counselor will need to obtain three quotes and then proceed with
the purchase directly according to spending authority.
o This checklist may be closed at this point.
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If this purchase does not meet the criteria for a rehabilitation technology
purchase, continue the checklist process.
The deputy director of direct services notifies the VR counselor, branch manager
and regional manager of the decision and returns the participant’s hard copy file
to the VR counselor.
Step 5: Request for bids, award, and Authorization for Purchase (AFP)
As part of the bid process, the VR counselor and participant must identify any
unique parameters that could potentially affect the vehicle modification bid
process.
Participant preferences will be taken into consideration to the greatest extent
possible and allowable.
Examples may include but are not limited to:
• Limitations on the distance a participant could travel for vehicle
maintenance after closure or,
• Considerations of a participant’s previous negative relationship with a
specific vendor.
Note: These conditions must be documented early in the process and
considered, if allowable, during the bid and contracting portion of this process.
When VR performs modifications on a vehicle the participant is purchasing, the
vehicle must be either already purchased or have a scheduled delivery date prior
to Contracts being allowed to proceed with the request for bids.
If the client is purchasing the vehicle and VR is paying for the modifications:
246
• Bid solicitation may not occur until the client has possession of the vehicle
or the vehicle dealer provides a delivery date for the vehicle.
Once all previous requirements are met, the VR Contracts Team request bids for
vehicle modifications.
• After completion of bid submission, Central VR Administration (for example,
regional manager, business operations manager, policy & training
manager, and deputy director of direct services) shall evaluate bid
submission and select the bidder to award the contract.
Note: Following the close-out date for bid submission, the bid review process
may take up to 30 days depending upon the complexity of the submissions.
The deputy director of direct services shall notify the branch manager and VR
counselor of selected vendor or decision.
• Given the cost (and level of authority to spend), the appropriate position
initiates the authorization for purchase (AFP).
The VR counselor notifies the participant that the bidding process is complete,
and the modification will be made.
S
tep 6: Inspection prior to payment
P
articipant acceptance of vehicle modification is scheduled in collaboration with
the qualified occupational therapist (QOT).
At completion of the vehicle modification, the QOT and participant:
247
• Check and evaluate proper participant and equipment fit, and
• Report acceptance or identify any needed corrections prior to acceptance.
If driver training on the operation of newly installed modifications is required,
training must be completed within 90 days of the vehicle modifications being
completed.
Step 7: Upon successful closure
Th
e VR counselor places a hard copy of the corresponding checklist in
participant file “case notes” section.
Oregon Forward Contracts (Formerly Qualified
Rehabilitation Facilities or QRFs):
Oregon Forward purpose and eligibility:
The Oregon Forward Program, formerly known as a Qualified Rehabilitation
Facility (QRF), is an Oregon state government procurement program. The
Department of Administrative Services (DAS) manages and determines if a
nonprofit is eligible to be an QRF.
The purpose of this program is to support “meaningful work opportunities” for
Oregonians living with physical, mental, and developmental disabilities.
Designated qualified nonprofit contractors train and employ the individuals, most
who are disabled, to provide goods and services procured by state and local
government agencies.
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An Oregon Forward Contractor (OFC):
• Is a non-profit rehabilitation corporation that employs individuals with
qualifying disabilities to provide products and services.
• Must employ individuals with qualifying disabilities for at least 75% of the
hours of direct labor across the entire company.
• An OFC's mission must include providing vocational services that enable
employment opportunities for individuals with disabilities.
RSA requirements for competitive integrated employment:
The Rehabilitation Services Administration (RSA) requires State Vocational
Rehabilitation Agencies (VR) to evaluate job placements to determine if the
person’s employment location meets the requirements for competitive integrated
employment (CIE).
• Only job placements that occur at locations typically found in the
community meet the requirements for successful closure and rehabilitation.
RSA’s FAQ 21-03 notes that “… if a job position is required by law to
comply with a direct labor-hour ratio of individuals with disabilities, it is likely
not considered “typically found in the community” (81 FR at 55643).”
Assuring Oregon Forward hires meet competitive integrated
employment (CIE):
VR staff assure that all participant employment meets competitive integrated
employment (CIE).
249
Vocational Rehabilitation is required to evaluate every job placement individually.
If a vendor participates in the Oregon Forward Contract Program not every
position with that business will fail to meet the requirements for CIE.
Oregon Forward contracts require a direct labor-hour ratio of individuals with a
disability. This means any VR placement with an Oregon Forward provider hiring
to fill a position in support of an Oregon Forward contract, must be examined
closely. The vocational rehabilitation counselor must ensure that the position
meets the requirements of community integrated employment.
VR participants may be interested in pursuing employment with Oregon Forward
contractors. VR staff must evaluate these opportunities and employment
locations carefully.
To determine if an Oregon Forward vendor position meets CIE requirements; the
vocational rehabilitation counselor (VRC) must ensure that the position:
• Pays at least minimum wage and offers a wage similar to other like
positions pay individuals without a disability at the same or similar
locations.
• Offers individual benefits similar to other employees working in the same or
similar job classifications at the same or similar locations.
• Offers the individual the opportunity for advancement similar to what is
available to other employees in like positions without disabilities.
Consider - Opportunities for advancement in some positions may be very
limited. However, it is important to consider if the experience gained in this job
might lead to advancement in other positions.
• Is at a location typically found in the community.
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• Presents the individual an opportunity to interact, for the purpose of
performing the duties of the job position, with other employees within the
work unit, and at the entire worksite, and, as appropriate for the work
performed, with other persons (e.g., customers and vendors) who are not
individuals with disabilities (and who are not supervisory personnel or
service providers) to the same extent that nondisabled employees interact
with these persons.
Consider: Janitorial or maintenance work commonly occur during periods of time
when an office location is otherwise empty of general staff.
Some situations that may indicate that the position does not meet the criteria for
community integrated employment include:
• Employees with disabilities working alongside union employees but are
excluded from union enrollment and benefits.
• Employees with disabilities solely interacting with a crew of other people
with disabilities. Only the supervisor is a person without a disability.
• Employees with disabilities are hired into positions only open to persons
with disabilities.
Vocational rehabilitation counselors (VRCs) are the state experts on community
integrated employment settings. They must make determinations fairly and
equitably as to the suitability of employment opportunities for individuals.
Self-employment (in revision):
Oregon Vocational Rehabilitation (VR) supports self-employment to achieve an
employment outcome.
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VR does not support businesses that are:
• Speculative in nature,
• Hobbies,
• Nonprofit organizations, or
• Ventures that entail illegal activities under state or federal law.
Self-employment is not an occupation or an employment outcome in and of itself.
The vocational goal is the occupation. Self-employment is a method or strategy
to obtain that goal.
individuals who express an interest in self-employment must be determined
eligible as it is for those seeking work in traditional employment settings. The
counselor completes the eligibility assessment prior to consideration of an IPE
goal.
VR recognizes that individuals pursuing employment may be interested in
starting a new business or individuals who are self-employed and experiencing
difficulties maintaining their business due to disability-related barriers.
Counselors will need to follow the self-employment planning process.
Deaf and Hard of Hearing:
Services to persons who are Deaf and Hard of Hearing:
Oregon Vocational Rehabilitation provides services to persons who are Deaf and
Hard of Hearing. Oregon Vocational Rehabilitation recognizes this is a diverse
population with differentiated needs.
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Whenever possible, the VR Program shall assign a vocational rehabilitation
counselor specializing in services to participants who are Deaf and Hard of
Hearing to provide necessary services to gain employment.
• Participants are free to choose a rehabilitation counselor who does not
specialize in serving this population.
If a rehabilitation counselor for the Deaf or Hard of Hearing, the specialist or the
state service coordinator is unavailable to provide a participant service, staff
assigned to the participant will consult with one of these resources whenever
necessary.
If there are questions regarding availability or location of these rehabilitation
counselors for the Deaf or Hard of Hearing, staff shall contact the state
coordinator for Deaf and Hard of Hearing services for guidance.
Client communication preferences:
Persons who are Deaf or Hard of Hearing have the right to clear and effective
communication access in their environments.
Providing communication access through appropriate accommodation better
assures the participant is provided with the information needed to make informed
choices and be active in the individual employment plan.
Consideration of the participant’s primary language is essential.
• For some individuals, the services of a certified American Sign Language
interpreter or a team of certified sign language interpreters or a qualified
transcriber are required.
253
• For others, assistive technology might be more appropriate; for example,
an FM loop or video remote interpreting services may be appropriate.
Participants may request specific interpreters they prefer to work with.
• However, the choice of interpreters is a mix of preference, certified
interpreter availability, and the participant’s receptive and expressive
communication skills, style, and culture.
o Sometimes this will result in hiring interpreters who are skilled in oral
or tactile communications.
o A certified Deaf interpreter (CDI) or oral transliteration certificate
(OTC) may also be appropriate.
An important consideration when using assistive technology is the need to
maintain privacy and confidentiality.
• There may be a need to encrypt information if shared electronically (for
example, email or instant messaging).
Do not meet with the participant if a certified interpreter is not present. Getting by
without a certified interpreter is not an option.
Staff will not work with a participant who is Deaf without an interpreter, unless the
staff member is fluent in American Sign Language.
Hearing evaluations:
Referral to a licensed audiologist is required for the hearing evaluation.
254
Oregon Vocational Rehabilitation staff will not use occupational hearing
screening tests or hearing tests provided by hearing instrument specialists (who
hold the board certified in hearing instrument sciences (BC-HIS) credential).
• These tests are not comprehensive enough to determine functional loss
and specific accommodation needs.
Important Note: VR staff may approve either an additional Puretone Air, Bone
Testing, or a new Comprehensive Audiological Evaluation before fitting a hearing
aid if a licensed audiologist or licensed hearing instrument specialist requests
authorization.
• Comprehensive hearing test results must be no more than 180 days old as
of the date of hearing aid fitting.
• If test results are more than 90 days but less than 180 days old, the
practitioner must do updated pure tone testing before fitting the hearing aid.
Examples:
• The comprehensive hearing test is 45 days old.
o Practitioner can fit the hearing aid without additional testing.
• The comprehensive hearing test is 10 months old.
• Practitioner must do new comprehensive hearing testing before fitting a
hearing aid.
• Comprehensive hearing test if five months old.
• Practitioner must do updated Pure Tone Air and Bone Conduction testing
before fitting a hearing aid.
Note: VR will not purchase Over the Counter (OTC) hearing aids.
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For more detailed information, see OHA Heath Licensing Office OAR 331-670-
0010.
Providing services and accommodating communication modes for
individuals that are Deaf or Hard of Hearing:
Th
e focus of vocational rehabilitation services is to work effectively with persons
with hearing disabilities to seek, obtain and maintain employment and advance in
their careers.
If face-to-face interpreters are needed to ensure communication, the services of
a certified interpreter are required. However, with the increase in technology,
there are options to consider.
• Shortages of certified interpreters in the rural areas of Oregon make
technological options the best substitute for a face-to-face interpreter.
There are no expenditure limits for accommodation costs.
T
he purchase of rehabilitation technology needed to determine
eligibility:
O
regon Vocational Rehabilitation requires special diagnostic procedures to serve
persons who are Deaf and Hard of Hearing.
When required, the VR Program may provide rehabilitation technology evaluation
and services needed to determine eligibility.
• This situation would be rare and would likely require consultation with the
Deaf and Hard of Hearing specialist to determine the appropriate course of
action.
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V
ision and communication:
O
regon Vocational Rehabilitation staff provide counseling and guidance services
regarding the importance of clear vision for effective communication when
working with a participant who is Deaf and uses American Sign Language as
their primary mode of communication.
Vocational Rehabilitation staff may refer and purchase (as appropriate) a
comprehensive visual examination if the person with a hearing disability notes a
decrease in visual acuity or other vision problems that may affect their vocational
rehabilitation services.
D
ocumenting measurable outcomes after the provision of hearing aids
or other communication aids:
Re
ferral to a licensed audiologist is required for any hearing evaluations.
Oregon Vocational Rehabilitation requires quantitative outcome data after
provision of hearing aids or other technology or communication aids.
• This means there must be objective information to show that hearing aids
have made a measurable improvement in the participant’s hearing.
o An individual’s subjective self-reports are not enough, nor is the word
of the audiologist or the hearing instrument specialist.
At the very least, document the hearing improvement through a comparison of
the pre- and post-provision of hearing aid audiograms or other objective scales.
Another important measure may be the amount of hearing improvement gained
in both quiet and noisy environments pre- and post-hearing aids.
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• Appropriate fitting, programming, and outcome measurement of hearing
instruments for maximum audibility requires time and expertise.
Audiologists provide comprehensive audiological evaluations:
When working with any participant who has a known or suspected hearing loss
that is a barrier to employment, staff shall obtain a comprehensive audiological
evaluation by a licensed audiologist.
The VR Program will comply with the recommendations of the licensed
audiologist regarding the need for subsequent referral for further medical
evaluations.
• For example, asymmetrical sensorineural hearing loss (meaning that the
hearing loss in both ears is not the same) may require referral to an
otolaryngologist (ENT physician).
• Referral to an otolaryngologist is not mandatory.
o An otolaryngologist is only required if the audiologist makes this
referral.
For more information on the hearing aid device and other hearing-related
technology purchases, review the information provided on the OWL and linked
below:
Accessing certified communications interpreters:
VR staff must communicate with the individual in their preferred mode of
communication. VR staff must obtain the communication support of a certified
American Sign Language interpreter or team of certified interpreters (which may
include a certified Deaf interpreter, if necessary).
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• Interpreting professionals who attain national certification through the
Registry of Interpreters for the Deaf or the National Association of the Deaf
at journey-level are preferred for most VR activities.
For American Sign Language interpreters, the minimum certification is:
• Certificate of Interpretation (CI) or Certificate of Transliteration (CT)
• NAD – National Association of the Deaf Level III – Generalist (NAD-III) or
National Interpreter Certification: Certified (NIC Certified)
• Comprehensive Skills Certificate (CSC)
• National Association of the Deaf Level IV – Advanced or Level V – Master
(NAD-IV or –V), or
• National Interpreter Certification: Certified, Advanced (NIC-A).
Interpreter credentials are important indicators of the individual’s qualifications
and conduct. Certified interpreters must pass national tests assessing language,
interpretation, and communication skills.
These professionals have been determined to have the knowledge and decision-
making skills to facilitate ethically and culturally appropriate communication. They
strive to provide interpreting services without bias or impartiality and adhere to
strict codes of confidentiality.
Resources to help you use a face-to-face sign language interpreter effectively
are on the Oregon Vocational Rehabilitation Intranet.
S
ecuring a certified interpreter:
Th
e process to secure a certified interpreter varies by office. Plan to secure an
interpreter as far in advance as possible of the meeting with the participant.
259
Rural areas of the state may have less or no access to interpreters at the
minimum level of certification. There are alternatives to local interpreters.
• Oregon Deaf and Hard of Hearing Services may assist in securing an
interpreter from another part of the state.
• The Registry of Interpreters has an electronic referral system.
• Video remote interpreting is also an option.
Do not use uncertified or volunteer Interpreters.
Using family members in lieu of a certified interpreter to facilitate communication
is not appropriate.
• Family members are welcome to participate in the vocational rehabilitation
process as the participant chooses.
• If that family member is a guardian, they must be involved in the meeting.
Note: VR only uses ASL interpreters who have completed and passed criminal
and abuse background checks to provide services to clients or staff.
B
ackground checks for interpreters:
A
ll certified ASL interpreters must complete and pass criminal and abuse
background checks prior to providing services.
VR requires staff to use a list of approved ASL interpreter referral and
coordinating agencies or authorized independent contractors.
• This list is on the OWL under Language Access Resources. A file provides
VR Approved ASL Coordination and Freelancers
260
• These agencies or independent contractors all require criminal and abuse
background checks prior to contract or employment.
There are special circumstances whereby use of the approved coordination
agencies is not the best way to serve the client.
• Tri-lingual Deaf interpreters (for example, necessary for communication
access for individuals who are Deaf and do not use American Sign
Language as their primary language)
• Local ASL interpreters who have completed criminal and abuse
background checks through other entities (e.g., ESD, the State Hospital or
Corrections) and can prove evidence or proof to the State Coordinator
• ASL interpreters who are willing to complete an abuse and criminal
background check with the ODHS Unit background check.
Interpreter expenses that may be paid:
Appropriate expenses may include:
• Two-hour minimum charge for services (there could be charge for less than
two hours of service)
• Travel to and from including time and mileage (use the current IRS
business standard mileage rate).
• Surcharges for assignments
• Parking fees but not parking fines.
• Tolls, as appropriate
• Surcharges for overnight, weekend, holidays, and evening
• Requiring special training and vocabulary in medical, mental health, legal
or DeafBlind settings
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• Emergency requests or short notice (a request that is less than 48 hours’
notice), and
• Cancellation fees (cancellation with less than 48 hours’ notice generally).
Procedure to schedule an interpreter:
A file provides VR Approved ASL Coordination and Freelancers. Select any
approved ASL interpreter referral or coordinator agencies or independent
contractors from the list.
• All approved ASL interpreter referral or coordinator agencies have said
they will serve statewide.
Provide details related to the appointment including the following:
• Date.
• Start time of the meeting.
• Length of time to conduct the meeting.
o If you are not familiar with using interpreters, plan to spend about
twice the amount of time the usual meeting may require.
• Location, and
• Name of the individual(s) to be served.
Prepare an AFP, as appropriate.
Provide reference materials to the approved ASL interpreter or coordinator, so
that the interpreter can be prepared for the meeting.
Some assignments or appointments will require a team of interpreters.
• Both interpreters are paid for the entirety of the appointment.
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• This is usually assignments that are two hours or more in length.
o If the appointment is less than two hours, one interpreter is likely to
be assigned.
Ad
ding new ASL interpreter coordination agencies to the approved list:
Refer the owner or manager of the coordination program to the VR state
coordinator for Deaf and Hard of Hearing Services in VR Administration.
VR state coordinator for Deaf and Hard of Hearing Services discusses applicable
policies and procedures with ASL interpreter coordination agency staff.
VR state coordinator manages the addition of the coordination agency to the “VR
Vendor” and “Approved ASL Coordinators” lists.
Ad
ding new freelance ASL interpreters to the approved interpreter list:
Fi
eld staff submit interpreter’s resume, proof of certification by the Registry for
Interpreters for the Deaf (RID) and/or the National Association of the Deaf (NAD)
or both to VR state coordinator for Deaf and Hard of Hearing Services:
• Email to VR Direct Services <VR Direct Services>
o Use “ASL Interpreter List Addition” as subject.
• Fax to VR Administration at 503-947-5025
• Submit new vendor request form and W-9 to ORCAHELP.
The state coordinator for Deaf and Hard of Hearing Services verifies certification
status, then contacts the prospective interpreter and obtains proof of successful
completion of background check.
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The state coordinator adds the interpreter’s information to the “Approved
Coordination Programs and Interpreters” list on the OWL (intranet) site and
notifies ORCAHELP to proceed with vendor activation.
Technology that assists in communication:
Technology can help provide communication. The type of technology used
depends on the needs of the people involved, the type of the event and the
environment.
The wide variety of technology devices and systems available can help people
with hearing disabilities do things that hearing people can do, but differently.
Technology is changing and evolving quickly. Some brief examples of common
technologies to provide appropriate communication are shared in this policy.
Go to the Vocational Rehabilitation intranet for further information on these
technologies: [Updated resources are needed.]
Video remote interpreting and video remote services:
Oregon Vocational Rehabilitation staff may use video remote interpreting.
• VRI is on-demand sign language interpreting service delivered over a live,
high-speed internet video connection, or
• Video remote services which is a service to place and receive calls with an
interpreter via a videophone and a high-speed internet connection.
If available and appropriate, these services are used in lieu of face-to-face
meetings with an interpreter present.
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• Federal Communications Commission regulations require all interpreting
staff of companies who provide video remote interpreting and video relay
services (VRS) to be certified interpreters.
o Therefore, these services may substitute for a face-to-face
interpreter.
Video remote interpreting and video remote services both require that the initiator
and the receiver of the communication have high-speed internet and videophone
or computer access.
Conversely, use of video remote interpreting or remote services is not possible
for participants who have lower-speed internet access or lack the proper
equipment.
All Vocational Rehabilitation offices have the proper video remote interpreting
equipment. If the equipment has not been set up or written instructions are not
available for use of the equipment, check the Vocational Rehabilitation intranet
for documentation.
Video relay services is a free telephone relay service. It uses video technology to
assist persons who are Deaf and Hard of Hearing to make and receive phone
calls using American Sign Language (ASL).
• The service derives from the more traditional text-based relay services.
• This service is used less frequently given other options for communication.
o This service is not an adequate substitute for meeting with a certified
interpreter.
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S
peech to text transcription services:
Up
on request, Oregon Vocational Rehabilitation staff shall obtain communication
support in the form of speech to text transcription services for persons who are
Late Deafened, Oral Deaf, or Hard of Hearing.
• This will be either a “meaning-for-meaning” transcription (for example,
TypeWell), or
• A verbatim transcription (for example, CART).
Coordination of these services is obtained through the Oregon Department of
Human Services Office of Deaf and Hard of Hearing Services or by directly
contacting a vendor with Preliminary TypeWell Certification or certified CART
provider (CCP) credentials.
V
ideophones:
Th
ere are a variety of videophone configurations available. Many are portable
and used anywhere the individual has access to high-speed internet service.
• Oregon Vocational Rehabilitation staff may assist participants who are
interested in using videophone (VP) services to obtain the equipment as
needed.
Oregon Vocational Rehabilitation also accepts video relay calls from individuals.
Those counselors with specialized training and American Sign Language fluency
who require a videophone for direct communication with the participants should
work with their supervisor and Oregon Vocational Rehabilitation administration
staff to obtain that equipment and ensure that the technology is configured
correctly.
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Oregon Deaf and Hard of Hearing Services (ODHHS):
Oregon Deaf and Hard of Hearing Services is a program within the Oregon
Department of Human Services.
This program may assist Oregon Vocational Rehabilitation staff to secure
interpreter and transcription services needed for VR staff or related service
providers (such as community rehabilitation program job developers and
coaches).
In some instances, ODHHS staff may work concurrently with VR staff on a
client’s case.
Cochlear implants and Bone Anchored Hearing Aids (BAHA):
Cochlear implants and bone-anchored hearing aids (BAHA) are considered part
of the category of service called “physical restoration.”
They are medical procedures because individuals must undergo surgery to have
them implanted. Usually, the cost of the technology is included in the overall cost
of the procedure. If the individual needs new technology (the external
components), it is treated like the purchase of a hearing aid.
All services related to cochlear and hearing-aid implants are performed by:
• An otologist; or
• A licensed audiologist specializing in this area of practice.
All cochlear implant surgery requires approval by the VR director (or designee)
prior to authorization as a service.
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O
regon Health Plan and Deaf and Hard of Hearing Services:
Th
e Oregon Health Plan provides payment for a wide variety of hearing
technologies. For further information, go to OHA Prioritized List of Health
Services and look for the “Current Prioritized List.”
Oregon Health Plan replacement of hearing aids:
He
aring aids are replaced every five years unless there are extenuating
circumstances. Decisions for hearing aid replacement in extenuating
circumstances are made on a case-by-case basis. For example, loss of the
hearing aids or damage to the hearing aid may be considered extenuating
circumstances.
To request replacement due to an extenuating circumstance, direct the
participant to Oregon Health Plan member complaints and appeals website at
Oregon Health Plan (OHP) Member Complaints and Appeals.
Requests relating to life circumstances beyond the applicant’s control or
verifiable third-party interference are considered. Exceptions are considered for
non-payment of the member’s portion of the insurance premium.
Considerations when serving Native American clients:
In recognizing the unique needs and cultural issues of Native Americans, the
Rehabilitation Services Administration establishes grants to Tribal entities.
These grants help establish and operate vocational rehabilitation programs,
commonly referred to as “121 programs”. These programs only serve individuals
who are recognized members of a recognized Tribe.
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The Oregon Tribal VR programs are in Warm Springs, Grand Ronde, Klamath,
Umatilla, and Siletz. Tribal members may receive services from the Tribal
program, the general agency or collaboratively by both programs.
The purpose of the 121 programs is to ensure that vocational rehabilitation
services are available to Native Americans with disabilities. The programs seek
to provide services to Native Americans to the same extent those services are
available to other significant groups of individuals with disabilities.
VR shall coordinate services with the four Native American rehabilitation
programs. The counselor should contact the branch manager about the local
plan to ensure input regarding provision of rehabilitation services.
Contact information for VR Tribal partners:
Confederated Tribes of Grand Ronde
96
15 Grand Ronde Rd
Grande Ronde OR 97347
Office: 503-879-3098
C
onfederated Tribes of Siletz Indians
201 SE Swan Ave
PO Box 549
Siletz OR 97380
Office: 541-444-2532
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Confederated Tribes of Warm Springs
PO Box C
Warm Springs OR 97761
Phone: (541) 553-4952
Confederated Tribes of the Umatilla Indian Reservation
46411 Timine Way
Pendleton OR 97801
Phone: (541) 429-7191
The Klamath Tribes
PO Box 436
Chiloquin OR 97624
Phone: (541) 783-2219 x 210
Considerations when working with clients that are
veterans:
VR provides services that supplement entitled medical, training or rehabilitation
benefits to military veterans. Veterans are eligible for vocational rehabilitation
services on the same basis as other individuals with disabilities.
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Provision of services when working with clients that are veterans:
VR provides services to veterans intended to supplement existing veterans’
benefits. The Department of Veteran Affairs (VA) medical benefits exist for
service-connected disabilities.
The VA also provides rehabilitation services for veterans with service-connected
disabilities. VR shall not provide disabled veterans services the participant can
secure from the VA, unless use of VA services causes a substantial delay in
services.
Other service considerations for clients who are veterans:
VR must make veterans aware of other services available to them due to their
military service. Services to veterans may be a comparable benefit and may
include:
• U.S. Department of Veterans Affairs benefits:
• Disability Compensation
• Pension
• GI Bill
• Veterans Benefits Administration, Veteran Readiness and Employment
(VR&E)
o Veteran Readiness and Employment (Chapter 31) – with disability
• Dependents' Educational Assistance
• Home Loans
• Life Insurance, and
• Traumatic Injury Insurance.
• Veterans benefits for family health care; or
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• Dependents of deceased veterans may be eligible for educational or other
survivor benefits.
Filing for veterans’ benefits:
When the individual’s entitlement to veterans’ benefits is unknown, the counselor
must contact the nearest veterans’ services officer for claims assistance.
Veterans service organizations may be available to assist an individual apply for
benefits.
VR shall advise the veteran to apply for veterans’ benefits when:
• The disability is service connected, or
• The veteran is 100 percent disabled.
Other organizations may also provide information and assistance obtaining
benefits.
• For example: Disabled American Veterans, Paralyzed Veterans of America
,
or the Veterans of Foreign Wars.
If the veteran elects to pursue a VA claim, VR shall advise the veteran that the
Veterans’ Service Office or recognized veterans’ organization may act as an
agent on the veteran’s behalf.
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Supported employment for individuals with most
significant disabilities:
Supported employment:
Supported employment means competitive integrated employment (CIE) for
individuals with a most significant disability, including youth with a most
significant disability who:
• Have historically not had opportunities for competitive integrated
employment, or employment has been interrupted or intermittent because
of a significant disability, and
• Because of the nature and severity of their disabilities, need intensive
supported employment services and extended services after the transition
from support by VR through another agency.
If the individual does not have extended services (long-term supports) available
and extended supports will be required for the individual to maintain employment,
the VR counselor will assist the individual to the maximum extent possible in
identifying available services and supports.
• Federal regulations do not allow an individual to be found ineligible
because the source of extended services is not formally identified during
the eligibility process.
o Natural supports should be considered as an option for long-term
supports if appropriate.
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Note: Supported employment funds are only used to support and maintain
individuals with a most significant disability in their employment. This includes a
youth with a most significant disability.
Note: This section does not apply to Individual Placement and Support (IPS)
supported employment.
Reference
34 CFR 361.5(c)(53)(A)(B)
Definitions
Customized employment: means competitive integrated employment, for an
individual with a significant disability, that is—
• Based on an individualized determination of the unique strengths, needs,
and interests of the individual with a significant disability;
• Designed to meet the specific abilities of the individual with a significant
disability and the business needs of the employer; and
• Carried out through flexible strategies, such as:
o Job exploration by the individual; and
o Working with an employer to facilitate placement, including:
Customizing a job description based on current employer needs
or on previously unidentified and unmet employer needs.
Developing a set of job duties, a work schedule and job
arrangement, and specifics of supervision (including
performance evaluation and review) and determining a job
location.
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Using a professional representative chosen by the individual, or
if elected self-representation, to work with an employer to
facilitate placement; and
Providing services and supports at the job location.
Most significantly disabled: Most significantly disabled means an individual
with a significant disability who meets VR’s criteria for most significant disability.
• The individual has a severe mental or physical impairment that seriously
limits three or more functional capacities in mobility, communication, self-
care, self-direction, interpersonal skills, work tolerance or work skills in
terms of an employment outcome.
Significantly disabled: Significantly disabled means an individual with a
disability who has a severe physical or mental impairment that seriously limits
one or more functional capacities (such as mobility, communication, self-care,
self-direction, interpersonal skills, work tolerance or work skills) in terms of an
employment outcome.
• The individual is expected to require multiple vocational rehabilitation
services over an extended period.
Youth with a disability: Means an individual with a disability who is not:
• Younger than 14 years of age; and
• Older than 24 years of age.
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E
ligibility criteria for supported employment
Th
e individual must meet general eligibility for VR services, as well as meeting
the following conditions to be considered for supported employment:
• Individuals must meet the requirements for an individual with a most
significant disability (MSD) as determined by placement into priority one
designation.
• Competitive integrated employment has been interrupted or intermittent
because of a significant disability; or
• Competitive integrated employment has not historically occurred.
Vocational assessment for clients receiving supported
employment:
The decision to use the supported employment services should be based on
findings from the comprehensive assessment and in consultation with the
consumer.
• Assessment for supported employment will follow current assessment
policy and procedures through VR Services.
Note: Assessments are considered VR services and are not reported or funded
via supported employment funds.
Except for any assessment supplementary to the comprehensive assessment of
rehabilitation needs, information brought by the individual and members of their
team will replace the need for extra assessments, to the maximum extent
possible.
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• The client’s support team can be a valuable source of information and may
consist of case management entities (service coordinators and personal
agents), parents, guardian, housing staff, facility staff, school
representatives, individual placement, and support (IPS) employment
specialists.
• Team sharing of documentation can shorten the timelines for eligibility and
plan preparation.
When working with a student with a most significant disability, WIOA requires VR
to align with and reflect the student’s Individualized Education Program (IEP).
The team can be helpful in gathering school materials and data.
Counselors must document in the eligibility determination how specific functional
limitations verify the need for supported employment services versus other
employment options.
Reference:
34 CFR 361.5(c)(37)(v)(A) Ongoing supports definition
Supported employment individualized plan for employment:
The individual, support agency, service provider(s) and other significant
members of the participants support team, shall coordinate to develop the clients
supported employment IPE.
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Supported employment individualized plan for employment (IPE)
The supported employment individualized plan for employment must include the
supported employment goal, the rationale used to determine the goal, and a goal
for the number of hours per week the individual intends to work.
• Vocational rehabilitation counselors (VRCs) should always consider the
maximum number of hours possible based on the individual’s needs,
preferences, and choice.
• A description of all supported employment services needed by the
individual, including ongoing support services, customized employment,
and extended services.
Note: These could be supported through natural supports if available.
• The potential for the maximum use of natural supports whenever possible
should be considered.
• The source of extended services, or if it is not possible to identify the
source of extended services at the time the IPE is developed, include a
description of sources applied for and that there is a reasonable
expectation that those sources will become available.
• For example, a youth with a most significant disability applied for
entitlement benefits. Examples include SSI/SSDI or Medicaid,
Developmental Disability Services.
• Describe the coordination of services between VR and other federal or
state programs.
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• If job skills training (job coaching) is provided, the expectation is that this
will be provided onsite, in an integrated setting for the maximum number of
hours possible based on the individual’s goal and informed choice.
• A description of job stability criteria, and who will be responsible for
collecting and reporting to the VR counselor.
Ongoing supported employment services:
Ongoing support services are services needed to support and maintain an
individual with the most significant disability, including youth with the most
significant disability, in supported employment.
Ongoing supported employment services occur from the start date of
employment (e.g., after job placement) until the transition to extended services.
Individuals receiving supported employment services are eligible for all services
VR provides.
Note: Job development and search and placement services are considered
individualized VR services. These services may not be purchased using
supported employment funding.
Ongoing support services may only be provided to individuals with a most
significant disability after job placement. Ongoing support services end when the
individual’s supports transition to extended services is provided by another entity.
Ongoing support services are identified in the IPE based on the individual’s
disability related employment need(s), and consist of:
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• Any specific assessment that supplements the vocational assessment of
rehabilitation needs.
• Providing skilled job trainers (job coaches) who assist the individual for
intensive job skill training at the work site.
• Job analysis.
• Job development and training. This service would be for individuals working
on a short-term basis toward competitive and integrated employment.
• Social skills training.
• Regular observation or supervision of the individual.
• Follow-up services including regular contact with the employers, the
individual, the parents, family members, guardians, advocates, or
authorized representatives of the individual, and other suitable professional
and informed advisors to reinforce and stabilize the job placement.
• Facilitation of natural supports at the worksite.
• Any other service identified in the scope of vocational rehabilitation
services.
• Any service similar to the foregoing services.
Reference:
34 CFR 361.5(c)(37)(v)
Job stability for supported employment clients:
E
ach participant in a supported employment plan receives individualized
services.
Once an individual participating in a supported employment plan achieves
competitive integrated employment, that is consistent with the individual’s
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strengths, abilities, interests, and informed choice of the individual, the VR
counselor and participant will begin the transition to long term supports.
Note: Transition to extended services can occur at any time. VR may not
expedite a participant’s transition to extended services until the individual is
ready, however no later than 24 months after the individual enters supported
employment, unless a longer period is established in the IPE.
All anticipated VR services must be completed prior to the client’s transition to
extended services.
• If VR services are required following the client’s transition to extended
services, VRCs will amend the IPE if needed and the 90-day job-stability
restarts, while extended services provided by another entity continue.
Transition to extended services for supported employment
clients:
Extended services:
Extended services are ongoing support services and other appropriate services
identified, needed, and agreed upon in the IPE. Extended services are provided
once the participant is stable on the job and no longer needs VR services to
maintain employment.
• An extended service provider is the entity that provides extended services
when VR services are no longer needed for job performance.
• An example of extended services would be job coaching services paid for
by Medicaid waiver services through county developmental disability
programs, brokerages, or mental health agency funding.
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Note: This was previously termed “long-term support services” through VR.
Resources for extended services could include, but are not limited to:
• County developmental disability services
• Mental health agency funding
• Social Security work incentives
• Coworker natural support systems
• Family members, friends
• Oregon income cap trust funds
Extended services may only be funded by VR for:
• Youth with the most significant disabilities for up to four years, or
• Until the individual turns 25 and no longer meets the definition of a youth
with a most significant disability. Whichever event occurs first.
• For example, a youth with a most significant disability who requires
extended services but is not eligible for Medicaid Waiver services is not
eligible for extended services when they are age 25
• The counselor must identify another source of extended services for the
youth to ensure there is no interruption of services.
Note: VR may not provide extended services to an individual who is not a youth
with a most significant disability.
The VR counselor coordinates with the appropriate case management entity to
transition the client to extended supports.
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Job stable date
The date this transition occurs is entered into ORCA as the job stable date. This
date:
• Is determined by the County Developmental Disability Service Coordinator
or Brokerage Personal Agent.
• Designates the transition of VR ongoing support services to extended
services and are paid for by another entity.
• Indicates the required 90 days of stability in the work setting must be met
after transitioning to extended services.
• If the Office of Developmental Disabilities Services (ODDS) funds extended
services, the date of transition to ODDS funded services is listed on the
Change Form (through the county developmental disability program -
CDDP or through a brokerage).
• Request a copy of this form and place it in the participant’s service record.
An individual using other extended service providers or who choose to self-pay
must provide a written statement documenting the start date, the type of
extended services necessary, and how often the extended services are provided.
Reference:
34 CFR 363.53
What requirements must a designated State unit meet for the
transition of an individual to extended services?
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Employment outcome-file closure for supported employment
clients:
The VR counselor follows the case for a minimum of 90 days from the job stable
date. Following this waiting period, if VR services are not required and the
participant remains stable, VR may prepare to close the file as successful.
The VR counselor follows procedures for successful file closure as outlined in the
“VR Business Procedure Manual” in addition to the following requirements:
• A successful supported employment outcome is achieved once the
following requirements are met:
o The VR counselor and participant agree the job is satisfactory and
consistent with the vocational goal in the IPE, including the type of
work, and the maximum number of hours listed in their IPE, and
o All IPE services have been completed and no further services are
anticipated from Vocational Rehabilitation, and
o The employer agrees the participant is performing well, or at a level
where they can accurately complete the required job tasks with a
reasonable level of support.
Based on community rehab provider reports, and employer
follow-up in a competitive integrated employment setting.
The counselor assures that there is a smooth and effective transition to extended
services (or natural supports) with no break in support services.
The community rehabilitation provider provides information about natural
supports that have been developed to help the participant maintain employment
to the case management entity.
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References:
34 CFR 361.5(c)(54) Supported Employment Services
U.S Department of Education Office of Special Education and Rehabilitative
Services October 29, 2021, FAQ 22-02
Sections 7(20)(A) and 102(a)(1) of the Rehabilitation Act
Sections 29 U.S.C. §§ 705(20)(A) of the Rehabilitation Act
Sections 722(a)(1) of the Rehabilitation Act
Vocational Rehabilitation Portion of the State of Oregon Workforce System
Combined State Plan 2020-2023
Services available through the Office of Developmental Disability
Services (ODDS)
In Oregon, the Office of Developmental Disability Services (ODDS) provides
long-term, extended services funded through Home and Community-Based
Services (HCBS) waivers.
Some of these services include the following:
• Long-term job coaching after job stabilization.
• Discovery (including the development of a profile to assist with a job
search).
• Benefits counseling.
• Small group supports.
• Employment Path (for those not eligible for a similar service under IDEA).
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• Job development if the service is not available through VR due to order of
selection.
• On the job attendant care
• Other services include but are not limited to: Community transportation,
behavior supports, respite care, modified diet, home modifications, 24-hour
Group Home, Foster Care, In-Home, Supported Living, Day Support
Activities, and attendant care. Note that providers are expected to support
personal care support needs within each service, and personal care
support needs are included in the service rate.
References:
34 CFR 361.5
34 CFR 361.5(c)(11) Customized employment
34 CFR 361.5(c)(19) Extended services
34 CFR 361.5(c)(37) Ongoing services
Special consideration for Project SEARCH participants:
Project SEARCH is a nine-month nationally recognized internship program that
provides employment training for adults with intellectual and developmental
disabilities. Participants in this program gain employment skills in a
nontraditional, complex, competitive, and integrated workplace.
The Oregon Department of Human Services Office of Developmental Disabilities
(ODDS) and Vocational Rehabilitation help identify eligible individuals whose
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vocational outcome matches the Project SEARCH internship work experience
rotations.
Steps to identify referrals for Project SEARCH:
The VR statewide Project SEARCH coordinator coordinates with branch offices
about upcoming Oregon Project SEARCH opportunities.
Project SEARCH community rehabilitation providers (VR contractors) may be
invited by each VR office to provide information and outreach about their
program. Contractors are encouraged to recruit as early as possible, but at least
three months prior to starting their program.
Counselors from each office located near a Project SEARCH program consider
individuals from their caseload who might benefit or be interested in applying for
an internship.
VR counselors provide information about the Project SEARCH program to clients
(and their team) and assist with the application process for those interested in
applying.
Eligibility for Project SEARCH internship:
Eligibility for Project SEARCH may be established when:
• Individuals must be eligible for both the Office of Developmental Disability
Services (ODDS) and Vocational Rehabilitation, and, students must
graduate with a regular high school diploma, and be eligible for ODDS
services, OR,
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• Students who are no longer eligible for services under IDEA (meaning they
have completed the school year within which they turn 21, or until a regular
high school diploma is attained).
Transition age students with disabilities eligible for VR services exception:
Note: Vocational Rehabilitation and ODDS received an exception for Project
SEARCH to serve transition-aged students with disabilities age 18 to 21 who are
eligible for services. This exception was initially approved for a one-year period
beginning in August of 2023. However, ODDS and VR have agreed to extend
the exception period through March 2025 for these individuals. During this
period, VR will fund one-hour per week of career exploration services while
ODDS will fund five hours per week of employment path for PROJECT SEARCH
participants.
Project SEARCH internships:
Internships are determined through an application and interview process. If an
individual is accepted, they will be expected to do the following:
• Maintain attendance and participation in the Project SEARCH program.
• Participate in the internship site for six hours a day, Monday through
Friday.
Note: VR funds an hour per day for career exploration, and ODDS funds five
hours per day for Employment Path services.
Project SEARCH job coaching requirements:
VR cannot pay for job coaching during the internship.
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When VR clients are hired by the Project SEARCH host site:
• The IPE is amended to include direct placement and direct retention
services.
• Additional services can be added to the plan. For example, the plan could
be amended to include job coaching.
When individuals exit the Project SEARCH program and want competitive and
integrated employment, the IPE must be amended to include job placement
services.
Authorization for purchase (AFP) procedures for Project
SEARCH:
VR pays for the instructional time under career exploration as the service
category for Project SEARCH for each intern.
The current rate is $23 per hour for one hour a day, five days a week. VR does
not pay for instruction time if the individual is absent or during holidays or breaks.
The Project SEARCH manager may provide an estimate of the number of days
the interns are anticipated to attend. The vendor will ensure that VR is only billed
for actual days each intern attends.
All authorizations for purchase must be issued prior to the start date for services.
The VR counselor will issue an AFP for career exploration prior to the first day of
the month for the anticipated hours. Group AFPs for multiple interns are not
allowed.
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Track Three Service Qualifications:
Qualifying for Track Three Services:
There are three categories from which a participant may qualify to receive Track
Three Job Placement Services.
Note: For each category the listed requirements must be met prior to service
d
elivery.
Three categories qualify for Track Three Job Services:
Automatic Qualification Criteria for Track Three:
A client may automatically qualify for Track Three Job Placement Services when
either of the following criteria are met:
• Individual applying for services with Vocational Rehabilitation has
previously participated in Sheltered Workshop Services, or
• Individual has been identified as having an ONA Score of:
o 4b (Behavior), or
o 4m (Medical), or
o ONA score of 5
The VRC must ensure there is documentation on file that satisfies at least one of
the Automatic Qualification Criteria.
This may include:
• A copy of the client’s Individual Support Plan (ISP) demonstrating the
required ONA score OR
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• Verification from VR or the Oregon Office of Developmental Disabilities that
the person was previously a participant in a sheltered workshop.
The VRC must review, sign, and date the Track Three Qualification Form.
• The automatic qualification does not require Branch Manager approval.
O
ther Qualification Criteria for Track Three:
A
client may also qualify for Track Three Supports if they meet at least three of
the four criteria listed below. The individual:
• Requires long-term 1:1 supports.
• Requires intensive employment customization.
• Requires Oregon Intervention System (OIS) trained staff.
• Has received Track Two job development for at least six months AND has
not achieved their employment goal AND after receiving counseling and
guidance chose to seek Intensive Customized or Supported Employment
Services
The VRC must review, sign and date the Track Three Qualification Form.
The Branch Manager must review and sign the Track Three Qualification Form.
Exception Criteria for Track Three:
If
an individual does not meet the previous qualification criteria and the VRC
believes the individual may benefit from track three services, then:
• The VRC must explain how the participant would benefit from Track Three
Services based on an assessment of functional limitations and other
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available reports reflecting a substantial impact to employment that
requires intensive employment customization.
• The VRC must provide:
o A description of individualized functional limitations in the narrative
boxes.
o The description must provide client specific examples of the more
general functional limitation.
The VRC must review, sign and date the Track Three Qualification Form.
The Branch Manager must review and sign the Track Three Qualification Form.
Note: For additional information see: Track Three Qualification Criteria Form
Instructions.
Track Three Payments:
Track Three invoices will be paid at the local office level using an Authorization
for Purchase (AFP).
Youth Services:
The Rehabilitation Act of 1973, as amended by Title IV of the Workforce
Innovation and Opportunity Act (WIOA) in 2014 expands the responsibility of
Vocational Rehabilitation to take an active role in supporting youth and students
as they transition into the workforce.
Youth services are for individuals aged 14 up to age 25, that are preparing for
employment with a focus on building skills, exploring interests, and learning
about community supports.
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Definitions specific to student and youth with disabilities:
“Auxiliary aids and services,” with respect to pre-employment transition
services (or Pre-ETS) are only available for students eligible for VR services or
have been determined potentially eligible for VR services. These auxiliary aids
and services include:
• Qualified interpreters
• Qualified readers
• Acquisition or modification of equipment or devices, and
• Other similar services and actions that ensure equal access to information
materials, services, and activities available to students with disabilities
participating in Pre-Employment Transition Services.
Auxiliary aids and services do not include:
• Personal devices (for example, computers, laptops and tablets)
• Prescribed devices (for example, eyeglasses, hearing aids and
wheelchairs)
• Readers for personal use or study
• Home or vehicle modifications, and
• Attendant care or other required ADL services.
“Coaching” services means long-term coaching or one-on-one supports during
the work experience are only for eligible students with a VR transition IPE.
Coaching as a program service is only allowable for work-based learning
experiences when the student with disabilities is determined “eligible” by the VR
Program and has a signed Individualized Plan for Employment (IPE).
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• These services may be provided by other agencies if the student is
“potentially eligible” for VR Program services.
“Potentially eligible” students with disabilities who have not applied for services
from VR are considered potentially eligible they have not been determined
eligible.
• These students are considered recipients of services from VR if they are
receiving Pre-ETS.
Potentially eligible means students with disabilities who are:
• Verified to receive pre-employment transition services
• Considered qualified individuals under the Americans with Disabilities Act
to receive pre-employment transition services, and
• Not yet determined eligible for the VR Program and do not have an
approved individual plan for employment.
These students may not receive any VR Program services other than pre-
employment transition services until they apply, are determined eligible for VR
services, and have an approved individual plan for employment (IPE.
The term is applicable only when implementing the requirements governing pre-
employment transition services.
Potentially eligible students may continue to receive pre-employment transition
services needed services until they reach high school graduation, reach the age
of 22, or a decision of eligibility has been made and therefore they are no longer
considered potentially eligible.
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Students who apply for services and are determined ineligible may no longer
participate in pre-employment transition services because they are no longer
considered potentially eligible.
“Student with a disability” is defined as an individual who is between the ages
of 14 and 21 and in a recognized educational program receiving special
education services under an Individualized Education Program (IEP), or who is
covered under the provisions of Section 504 of the Rehabilitation Act, regardless
of whether the student has applied for or been determined eligible for VR
services.
A recognized educational program includes:
• Secondary education programs, non-traditional or alternative secondary
education programs (including home schooling)
• Post-secondary education programs, and
• Other recognized educational programs such as those offered through the
juvenile justice system.
“Youth with a disability” means an individual with a disability who is not
younger than 14 and up to 25 years old.
Pre-employment transition services (Pre-ETS):
Pre-ETS represent the earliest set of services available for students with
disabilities who are eligible, or potentially eligible, for VR services.
Pre-ETS are designed to help students identify career interests, which may be
further explored through additional Vocational Rehabilitation services, such as
transition services and other individualized VR services.
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Both vocational rehabilitation agencies and schools are required by law to
provide certain transition services and supports to improve students with
disabilities’ post-school outcomes
Pre-employment transition services (Pre-ETS) required activities:
Pre-ETS consists of the following five required activities for students with
disabilities. These services are “required” because:
• The federal funding agency requires that VR provide them. This is how the
funding agency named this group of services for students with disabilities.
• Students are not required to participate in any or all these services.
VR shall arrange and provide these activities for Pre-ETS students:
A
ctivity #1 — Job exploration counseling:
Jo
b exploration counseling may:
• Be provided in a classroom or community setting and include information
on in-demand industry sectors and occupations.
• Include interest inventories and identification of career pathways, and
• Include a discussion of the student’s vocational interest inventory results
and labor market information that pertains to those specific interests.
Activity #2 — Work-based learning experiences:
Wo
rk-based learning experiences may include:
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• In-school or after-school opportunities, or experiences outside the
traditional school setting (including internships) provided in an
integrated environment in the community.
• Coordinating school-based programs of job training and informational
interviews to research employers, worksite tours to learn about
necessary job skills, job shadowing or mentoring opportunities in the
community.
• Work experiences to explore the student’s area of interest through paid
and unpaid internships. Work experiences do not include pre-
apprenticeships or registered apprenticeships.
• Supported short-term paid work experience. This is considered a career
exploration service during the student’s transition process and is thus a
component of the IPE. With supported short-term paid work
experiences, instructional training is provided.
A
ctivity #3 — Counseling on opportunities for enrollment in
comprehensive transition or postsecondary educational programs at
institutions of higher education:
Counseling on opportunities for enrollment in comprehensive transition or
postsecondary educational programs at institutions of higher education may
include:
• Information on class offerings, career options, the type of academic and
occupational training needed to succeed in the workplace and career fields
associated with pathways, and
• Advising students and parents or representatives of academic curricula,
college application and admissions processes, completing the Free
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Application for Federal Student Aid (FAFSA), and sharing resources that
may be used to support the student in education and training that may
include disability support services.
Activity #4 — Workplace readiness training to develop social skills and
independent living:
Wo
rkplace readiness training to develop social skills and independent living:
• May include programming to develop social skills and independent living,
such as communication and interpersonal skills, financial literacy, job-
seeking skills, understanding employer expectations and “soft skills”
necessary for employment.
• If an instructional trainer is needed, this service should be coordinated with
the local educational agency (LEA).
A
ctivity #5 — Instruction in self-advocacy including instruction in
person-centered planning:
In
struction in self-advocacy including instruction in person-centered planning may
include:
• Peer mentoring, including peer mentoring from individuals with disabilities
working in competitive integrated employment.
• Lessons in which students learn about their rights, responsibilities and how
to request accommodations for services and supports needed in transition
from secondary to post-secondary education and employment.
• Sessions where students share thoughts, concerns, etc., to prepare them
for peer mentoring opportunities, and
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• Informational interviews or volunteering for boards, etc., and participation in
youth leadership activities.
Who can receive pre-employment transition services (Pre-ETS):
VR shall provide Pre-ETS services to all students with disabilities who:
• Are potentially eligible or eligible for VR services, or
• May need and request Pre-ETS.
• Are eligible for an Individual Education Program (IEP) or have a
documented disability or have a disability under Section 504 of the
Rehabilitation Act.
• Are age 14 to 21, in school, and participating in a secondary or post-
secondary school leading to recognized credentials.
Pre-ETS Service and Eligibility Requirements:
All students and youth with disabilities who choose to apply for VR services, even
if they are still receiving Pre-ETS, are subject to all relevant requirements for
eligibility, Order of Selection, and the development of the individualized plan for
employment (IPE).
Students with disabilities shall not be required to apply or be determined eligible
for VR services before receiving Pre-ETS.
Pre-employment transition services (Pre-ETS) coordination:
VR must coordinate and provide individualized and appropriate Pre-ETS required
activities to students who request specific services. Students may not receive all
services depending on their individualized needs. Pre-ETS provided by VR may
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not duplicate services already provided by the local educational agency (LEA)
through IDEA.
VR is responsible for services identified in the individualized plan for employment
(IPE); the local education agency (LEA) is responsible for services required for
transition under the individualized education plan (IEP). VR staff collaborate with
LEAs and community partners to develop a local school plan to deliver Pre-ETS
in a manner that maximizes staff resources, minimizes duplication, and
coordinates team efforts.
VR staff serving students or youth with a disability are expected to participate in
coordinated activities consisting of:
• Attending individualized education plan (IEP) meetings, when invited
• Working 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)
• Working with schools to coordinate and ensure the provision of Pre-
Employment Transition Services, and
• When invited, attend person-centered planning meetings for individuals
receiving Social Security benefits.
Frequency of contact for students receiving pre-ETS:
Frequency of contact should be based upon the needs of the student. VR staff
must work with the student’s school team to identify the needs of the student,
which will help to dictate the necessary frequency of contact.
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Note: the 30-day required contact frequency for VR clients does not apply to
student receiving Pre-ETS.
References:
OAR Chapter 582, Division 150
Oregon VR Portion of Combined State Plan
Part 361 - State Vocational Rehabilitation Services Program
Transition services:
As a student approaches the time to leave high school, it is important that
preparations for adult life are well underway. For early transition planning and
active participation in decision making to occur, the student with disabilities and
members of their planning team need to be well-informed about the student’s
abilities, needs and available services.
Local educational agencies (LEAs) and the VR Program participate in planning
meetings to help students and family members make critical decisions about this
stage of the student’s life and their post-school goals.
During the planning process, schools, and the VR Program work together to
identify the transition needs of students with disabilities. These needs may
include assistive or rehabilitation technology, orientation and mobility services or
travel, training, and career exploration through vocational assessments or work
experience opportunities.
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VR services are provided only to those individuals with disabilities, including
youth with disabilities, who have been determined eligible for services and the
services have been described in an approved IPE.
All students and youth with disabilities who choose to apply for VR services, even
if they are still receiving pre-ETS, are subject to all relevant requirements for
eligibility, Order of Selection, and the development of the Individualized Plan for
Employment (IPE).
General provisions for students and youth with disabilities in transition:
“Transition services” means a coordinated set of activities for a student or youth
with a disability. VR shall use evidence-based and best practices to serve
students and youth with disabilities, including those with the most significant
disabilities, who are in transition.
To accomplish this, the VR Program shall collaborate with other agencies at the
state administrative, regional, and local levels, including but not limited to the:
• Oregon Department of Education
• Oregon Department of Human Services programs, including the Office of
Developmental Disabilities
• Oregon Health Authority, Health Systems, Mental Health Services and
Addiction Services
• Oregon Youth Authority
• Local school districts and high schools, and
• Federally recognized Tribal rehabilitation programs.
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Outreach to students with disabilities, families, and educators:
Whether the student’s next step is employment, or entering a postsecondary
training or educational program, they need to be informed of the services
available to support them as they transition out of high school.
To facilitate a seamless delivery system of services from school to post-school
activities, VR must reach out to individuals who have been identified as students
with disabilities who need transition services, their families, and educators to
ensure they are informed of services available to them.
Outreach must occur as early as possible during the transition planning process
and must include, at a minimum:
• A description of the purpose of the VR Program
• Eligibility requirements
• Application procedures, and
• Scope of services that may be provided to eligible individuals.
VR is a partner in supporting the transition of students from school to post-
secondary education or an employment outcome by providing the following
activities (when the activities have been determined allowable):
• Implementing effective strategies to increase the likelihood of independent
living and inclusion in communities and competitive integrated workplaces.
• Developing and improving strategies for individuals with intellectual
disabilities and individuals with significant disabilities to live independently;
participate in post-secondary education experiences; and obtain, advance
in, and retain competitive integrated employment.
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• Providing instruction to school transition personnel and others supporting
students and youth
• Providing information about innovative, effective, and efficient approaches
to achieve the goals of transition.
• Coordinating activities with transition services provided by LEAs under the
IDEA.
• Applying evidence-based findings to improve policy, procedure, practice,
and the preparation of personnel to achieve seamless transition.
• Developing model transition demonstration projects
• Establishing or supporting multi-state or regional partnerships involving the
state, LEAs, VR agencies, developmental disability agencies, private
businesses, or other participants to develop transition systems, and
• Providing information and strategies to improve the transition to post-
secondary activities of members of traditionally unserved and underserved
populations.
Youth with disabilities no longer in school:
Transition planning is critical for any youth with a disability, whether they are in
school or not. A VR counselor can help youth with disabilities explore careers
and identify a career path leading to their vocational goal and the services and
steps to reach that goal.
VR services are provided only to those individuals with disabilities, including
youth with disabilities, who have been determined eligible for services and the
services have been described in an approved IPE.
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A youth with disabilities who does not meet the definition of a “student with a
disability.” This means that youth with disabilities may not receive pre-
employment transition services. Youth with disabilities may receive:
• Transition services as group transition services, prior to or after applying for
VR services.
• Individualized transition or other VR services, after being determined
eligible for the VR Program and under an approved IPE.
Individualized transition services provided under an approved IPE to a youth with
a disability eligible for the VR Program may consist of, among other things:
• Job exploration counseling, including assessments and vocational
guidance and counseling.
• Work adjustment training.
• Vocational/occupational training or postsecondary education, and
• Job development services, including job search, job placement and job
coaching services.
Contracted services for youth in transition:
The Youth Transition Program (YTP), the Oregon School for the Deaf and the
summer work-based learning experience programs and others are contracted to
provide Pre-ETS and other youth services.
O
regon Youth Transition Program (YTP):
E
stablished in 1990, YTP prepared youth with disabilities for employment or
career-related postsecondary education or training. What began as a three-year
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federal grant to seven schools spread to a majority of Oregon high schools. By
2023, approximately 30,000 youth have received services through YTP.
As a result of Rehabilitation Services Administration monitoring, the VR Program
began to make changes to this program. More information about those changes
is forthcoming.
Oregon School for the Deaf:
VR contracts for services to students at the Oregon School for the Deaf. A
private nonprofit is contracted to provide services to Deaf students. Staff from
that nonprofit who are Deaf or fluent in American Sign Language (ASL) and
knowledgeable about Deaf culture and practices provide services to the students.
Summer work-based learning experiences:
Summer work-based learning experience programs apply to participate in the VR
sponsored program for students with disabilities. These programs allow
potentially eligible or eligible students to engage in work-based learning
experiences.
For more information, please access the following resource:
A Transition Guide to Post-Secondary Education and Employment for Students
and Youth with Disabilities
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Individualized plan for employment (IPE) for students or youth
with disabilities:
When a student or youth with a disability chooses to apply for VR services and is
found eligible, an IPE should be developed as early as possible and no later than
90 days after the determination of eligibility.
The IPE must include all substantial and secondary services necessary for the
individual to reach the identified employment outcome.
The IPE should be developed based on informed choice and in accordance with
VR IPE guidelines listed in the “Assessment for Individual Plan for Employment
(IPE) development” section of this manual.
IPEs for students or youth with disabilities should:
• Not duplicate any federally funded programs available to subsets of
students.
• Coordinate the services with the Individualized Education Program (IEP) or
504 services plans for the individual’s goals, objectives and services
identified in the education program.
• Include any Pre-ETS services a student with a disability receives.
• Contain a description of the employment outcome or may include a
description of the individual’s projected post-school employment.
• Include the specific transition services and supports the student or youth
needs to achieve the employment outcome or projected post-school
employment goal, and
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• Include documentation of the educational goals and subsequent
educational outcomes to be attained that are directly tied to the
employment goal.
The employment goal must be consistent with the general goal of competitive
integrated or supported employment (see OAR 582 Division 72).
Important Note: The IPE should identify substantial services the student or
youth needs that are not generally available to all students or youth in the local
education agency.
Employment outcome — youth IPE content:
In the case of a plan for an eligible individual who is a student or youth with a
disability, the employment outcome may include part-time work or be a
description of the youth’s projected post-school employment outcome.
Although most clients’ exploration is completed during the assessment phase,
students’ and youths’ IPE can include services intended to help determine or
narrow the employment outcome.
Examples of youth transition services that may be included in the IPE for our
clients aged 14 up to 25 are:
• Skill development
• Work-based learning experiences (paid or unpaid)
• Job shadows or informational interviews
• Participation in employment-related programs from partner agencies
• Participation in self-employment planning, and
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• Fees for licensing, certification costs and tuition for post-secondary
institutions once the employment outcome has been more thoroughly
defined.
References:
OAR 582-150-0045 (3)
34 CFR 361.46(a)(1) and (2)(ii)
See page 22 of the Office of Special Education and Rehabilitative Serviced
Transition Guide for sample of coordinated and aligned IEP and IPE services.
Dispute Resolution:
Request to review a VR decision:
Oregon Vocational Rehabilitation (VR) strives to resolve disputes fairly and
quickly.
Participants who are dissatisfied with any VR decision or determination that
affects the provision of vocational rehabilitation services shall have available a
selection of agency-level dispute resolution options including problem solving,
informal resolution, mediation, impartial fair hearing, and formal administrative
review.
• This review is considered an appeal of the decision made by VR staff.
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Notice of dispute resolution rights:
VR shall provide the participant with written notice of available dispute resolution
options:
• At the time of application
• When participant is assigned to an Order of Selection priority category
• At plan development, and
• Whenever services are reduced, denied, suspended, or terminated.
Such notice shall include information regarding the participant’s right to request
assistance from the Client Assistance Program (CAP) and provide current
contact information for CAP.
Notice of Proposed Action (NOPA):
An individual affected by actions taken by state agencies has a right to be
informed of their rights and remedies with respect to the actions.
A Notice of Proposed Action (NOPA) is a formal letter that informs individuals
seeking VR services of a proposed action or decision regarding their case.
A NOPA may be required when a decision has been made to take any of the
following actions:
• Reduction in Client Services
• Suspension of Client Services
• Termination of Client Services
• Denial of Client Services
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If a VR counselor plans to reduce, suspend, terminate, or deny a requested
service and the individual agrees with this decision, a NOPA is not required.
• In this circumstance, the VR counselor must clearly case note what the
action or decision is, that agreement was reached, when and how the
discussion occurred, and any other agreements that resulted from the
discussion.
However, when an impasse (failure to agree) occurs regarding a reduction,
suspension, termination or denial of a service, the VR Program must provide a
notice of proposed action (NOPA) to the individual.
Notice of Proposed Action (NOPA) review requirements:
The branch manager must review and sign all NOPAs.
The branch manager must review the case file for accuracy and affirm that the
decision is documented appropriately and aligns with regulation, rule and policy.
The manager will also review the draft NOPA completed by the VR counselor to
confirm that it aligns with program mandates and expectations.
Once the branch manager verifies the completeness of the case file
documentation and draft NOPA, they will forward the draft NOPA to a program
compliance analyst for review prior to issuing the NOPA to the individual.
Note: A NOPA produced solely due to a lack of contact or participation from the
client does not require a compliance analyst review.
A review by a program compliance analyst is required for all NOPAs, except for
termination of services due to no contact. The program compliance analyst will
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review the case file and the draft NOPA for accuracy and indicate any
recommended actions needed prior to completing the NOPA process.
Content of a NOPA:
A NOPA must provide the individual with the information and facts of the case
that were used to make the decision to reduce, terminate, suspend, or deny the
requested service. This statement should be easily understood and be supported
by the documentation in the case file.
The NOPA should explain the reason the decision was made and list all the
regulations, rules or policies that support the decision to reduce, terminate,
suspend, or deny the requested service.
The NOPA must also explain any actions the individual may take to resolve or
change the program’s proposed decision.
Staff are required to use the VR Program templates to ensure all legally required
parameters are provided to the individual. Staff are not allowed to alter the
language of the NOPA that addresses the rights of the individual and the legal
authority that governs the VR Program.
A branch manager or the appointed designee of Administration must sign the
NOPA.
The NOPA must be mailed on the date provided as the “date of notice.” It is
recommended that the NOPA be sent certified mail when possible. A copy of the
NOPA shall be placed in the individuals’ file.
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T
ermination of services due to no contact:
A
NOPA is required prior to closing the file of an individual who has not
maintained contact with the Program.
In this situation, the VR counselor must ensure that there is documentation that
they have done due diligence to engage or reengage the individual with VR
services.
Typically, this will include multiple contacts using various modes of appropriate
communication to contact the client.
The file may be closed after 30-days after the Date of Notice of the NOPA if there
is no contact from the individual.
If the individual contacts the office or requests Dispute Resolution, as outlined in
the NOPA, the file must remain open until they either reengage with services or
reach a resolution through available options of Dispute.
Note: A copy of all no-contact NOPAs must be sent to the Policy, Compliance
and Quality Assurance Manager via email when one is sent to a client. This is not
required for NOPA’s unrelated to no-contact or failure to participate in services.
N
OPA timeline:
VR may not take the action proposed in the NOPA until the waiting period
specified in the NOPA has expired.
• For termination of services due to no contact, this is 30 days.
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• All other NOPAs, including reduction in services, termination of services for
reasons other than no contact, suspension of services or denial of a
requested service, the waiting period is 60 days.
Once a NOPA has been issued, no action regarding the decision can be taken
until the conclusion of the NOPA process is final.
Note: For NOPAs based on a proposed suspension or termination of services,
the service must not be ended until the waiting period has expired.
Note: Should a client respond to the NOPA, or request mediation or dispute
resolution, the VRC should coordinate with their compliance analyst to determine
the appropriate course of action.
Documentation of request for dispute resolution:
A
ny participant’s written request to appeal a VR decision shall be documented in
the participant’s case file and VR shall retain a copy of all formal and informal
written requests. Additionally, documentation concerning the disposition or
results of the appeal must be retained in the participant’s file.
Continuation of services during the NOPA period:
If
a participant filed a formal mediation or fair hearing request, VR shall not
suspend, reduce, or terminate vocational rehabilitation services, including
evaluation and assessment services and those services authorized under the
Individualized Plan for Employment (IPE), until:
• Informal resolution concludes successfully.
• VR and the participant sign a mediation agreement, or
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• An impartial hearing officer issues a final order.
Services may be suspended, reduced, or terminated at the request of the
participant, or when there is evidence that the participant has obtained services
through misrepresentation, fraud, collusion, or criminal conduct.
R
epresentation under NOPAs:
A
personal representative, CAP attorney, private attorney or other advocate may
represent the participant at any point during the dispute resolution process.
VR is not responsible for any legal fees incurred by the participant during
representation.
Generally, VR is represented at mediation and hearing by a hearing
representative who is a VR employee.
An assistant attorney general from the Oregon Department of Justice may
represent VR at proceedings involving complex issues.
Dispute resolution options:
VR shall always attempt to resolve any issue at the least possible formal level.
The participant or participant’s representative may request a review of any
determination by VR that affects the provision of Vocational Rehabilitation
services by choosing from the following dispute resolution options.
P
roblem-solving:
A client may request that their counselor engage in problem-solving with the
client to resolve a dispute regarding the client’s vocational rehabilitation services.
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A “Notice of Proposed Action” is not required for the client to request problem-
solving. For purposes of problem-solving, a dispute does not necessarily involve
an action or decision that entitles the client to mediation or hearing rights.
The counselor may include a supervisor or other appropriate VR staff in the
meeting to resolve the issue. The client may have a representative or support
person present during the discussions.
Problem-solving may occur at any time prior to the client requesting a hearing or
mediation. A client’s request to engage in problem-solving does not exempt the
client from complying with applicable legal timeframes to request a hearing or
mediation.
Informal resolution:
Informal resolution may occur at any time after the participant files a request for
hearing, mediation or both. VR encourages participants to resolve disputes and
disagreements at the local office level at any time.
Resolution may occur through discussion and problem-solving involving the
participant, counselor, and other administrative staff, as appropriate. If the Client
Assistance Program or other advocate represents the participant, VR shall notify
the representative of any settlement offers.
If the subject of the mediation or hearing request is resolved through the informal
dispute resolution process, the resolution shall be confirmed in writing by the
parties, and:
• The client shall withdraw the request for mediation or a hearing, or
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• If the client fails to withdraw the request for hearing, the VR Program shall
issue an order dismissing the client's hearing request if:
o The matter has not yet been assigned to an impartial hearing officer,
or
o The matter has already been assigned to an impartial hearing officer.
Mediation:
Mediation is a cooperative discussion and problem-solving process facilitated by
a neutral third party trained in mediation who is not an VR employee.
Mediators are assigned from an approved list maintained by the Department of
Justice (DOJ). Either the participant or VR may object to the selection of a
particular mediator and request assignment of an alternate mediator from the
approved roster. VR shall pay the cost of mediation.
Mediation is a voluntary process for VR and the participant. If either VR or the
participant declines mediation, VR shall provide written notice to the participant
that mediation is declined and advise the participant of the right to request further
appeal.
If the participant requested mediation within 60 calendar days of the VR decision
in dispute, the participant may request a fair and impartial hearing within 60
calendar days of the date of the written notice that mediation is declined.
If VR and the participant agree to mediation, a mediator is assigned. The
mediator is not a decision maker, but rather assists the parties in negotiating
satisfactory settlement terms and conditions described in a written mediation
agreement.
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The mediator prepares the agreement, which is signed by VR and the participant.
It is customary for the mediator to sign as well. The mediation agreement shall be
incorporated into the IPE if applicable.
If mediation concludes successfully by addressing all the issues in question and
results in a signed written agreement, the participant shall withdraw any pending
requests for a hearing in writing. If the hearing request was already assigned to
an impartial hearing officer, VR shall request the pending hearing request be
dismissed.
If VR and the participant do not reach an agreement, VR shall provide written
notice to the participant that the mediation process has ended and will advise the
participant of the right to request further appeal.
If the participant requested mediation within 60 days of the VR decision in
dispute, the participant may request a fair and impartial hearing within 60
calendar days of the date of the written notice that mediation has ended.
A participant may request dispute resolution through mediation by completing the
VR “Request for Mediation” form (available at any VR office and on the VR
website).
A request shall include the participant’s name, address, telephone number, date
and a concise statement explaining the basis of the disagreement and how the
participant would like the issue(s) resolved.
All mediation discussions are confidential; no party may use any evidence in any
subsequent VR impartial fair hearing or other administrative or civil proceeding.
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Neither VR nor the participant nor the mediator shall retain any other written
record of these mediation discussions.
Impartial fair hearing:
A participant has the right to request an impartial fair hearing to review a written
decision as presented in a NOPA, or to contest a delay affecting delivery of
vocational rehabilitation services.
VR must receive a participant’s request for hearing no later than 60 calendar
days after the date of the decision or delay at issue.
• No later than 30 calendar days for NOPAs based on lack of contact or
participation from the client.
The 60-day deadline may be waived if an impartial hearing officer determines
good cause exists for a delay in filing.
• An unforeseen circumstance beyond the control of the participant, such as
extended illness requiring significant medical care or illness or death of a
family member, is considered good cause justifying a late hearing request
filing.
Unlike mediation, an impartial fair hearing is like a court proceeding. The
impartial hearing officer (IHO) guides the hearing process, maintains order,
administers oaths, reviews, and admits evidence, rules on issues of relevance,
and may question witnesses and the parties to elicit additional information or
clarify issues.
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• The impartial hearing officer (IHO) issues a final decision based on the
relevant administrative regulations, statutes and rules, VR policy, and
information presented by the participant and VR at the hearing. VR bears
the cost of the hearing process (IHO’s time).
• VR will provide the participant copies of documents and evidence
submitted to the impartial hearing officer (IHO). VR shall not pay for the
participant’s representation or preparations.
• VR is not obligated to assist in preparing the participant’s case (conduct
discovery, organize and assemble exhibits, pay for service of subpoenaed
witnesses, etc.).
• VR maintains a roster of impartial hearing officers who are independent
contractors. IHOs are assigned on a rotational basis unless the participant
and VR agree to assign a particular IHO outside the rotation.
• The participant and VR may request that the assigned IHO withdraw from
the hearing assignment because of a potential or perceived conflict of
interest or other disqualification. If the IHO withdraws, an alternate IHO is
assigned.
o An IHO who refuses to withdraw must provide a written explanation to
the participant and VR supporting the decision to retain the hearing
assignment.
o Either requesting party may appeal the decision not to withdraw to
the VR administrator, whose decision is final.
The request shall be in writing, identify the VR decision at issue and describe
how the issue could be resolved to the participant’s satisfaction. The participant
or, if appropriate, the participant’s representative shall sign the hearing request.
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• The participant shall use the “VR Request for Impartial Fair Hearing” form
(available at any VR office and on the VR website) to request a hearing.
Upon request, VR shall help the participant or participant’s representative
complete the hearing request. In this circumstance, VR will ask staff from another
ODHS program or an outside agency to help the participant or participant’s
representative complete the hearing request.
• If VR believes the hearing request is not complete, VR will contact the
participant or participant's representative promptly to obtain a corrected
request. If the hearing request is corrected, VR will forward the corrected
hearing request to the assigned impartial hearing officer (IHO).
If the participant prefers to proceed under an original, uncorrected hearing
request, VR shall forward the request to the IHO and VR may request dismissal
of the request.
The IHO shall provide the participant an opportunity to respond to the request for
dismissal before issuing a written decision.
• If the IHO denies the VR request to dismiss, the hearing request is set for a
pre-hearing conference and subsequent hearing on the merits.
The participant may withdraw a request for an impartial fair hearing for any
reason at any time before there is a final order.
VR may close the participant’s dispute resolution file if the participant submits a
written withdrawal before the hearing request has been assigned to an IHO. After
assignment, the IHO shall validate a written or oral withdrawal by issuing a
written order of dismissal.
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The impartial hearing officer shall schedule the hearing at a time no later than 60
calendar days after the date VR received the participant’s hearing request,
unless VR and the participant have agreed to an extension of time in writing.
The hearing shall be held in a location that is accessible and convenient to the
participant and agreed to by the impartial hearing officer (IHO), participant and
VR.
Prior to the hearing, the impartial hearing officer shall conduct at least one pre-
hearing conference in person or by telephone, unless the participant and VR
agree that a pre-hearing conference is unnecessary.
The pre-hearing conference provides an opportunity for the impartial hearing
officer (IHO) to:
• Consider a request to dismiss a hearing request as incomplete, abandoned
or improperly presenting issues unrelated to vocational rehabilitation
services.
• Identify, simplify, and clarify issues for hearing.
• Facilitate discovery (information held by the participant or VR and
requested by one party of the other)
• Facilitate settlement or partial resolution of issues in dispute, and
• Consider other motions as appropriate.
The participant and representative may review the VR case file prior to hearing
and review the VR evidence prior to and during hearing.
• VR may withhold from review information considered potentially harmful if
such information will not be offered in evidence at hearing.
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At hearing, the participant and VR may present opening and closing arguments,
introduce evidence, call witnesses, examine and cross-examine witnesses, and
object to relevance and admissibility of evidence and witness testimony.
The VR hearing representative may not make legal argument addressing such
issues as jurisdiction, constitutionality of statutes or rules, interpretation of case
law and application of judicial decisions to facts presented at hearing.
The impartial hearing officer (IHO) shall issue a decision no later than 30
calendar days after the completion of the hearing and shall provide copies of
such decision to the participant, participant’s representative, and the VR dispute
resolution coordinator.
The IHO shall base the decision on the approved State Plan, the Federal
Rehabilitation Act, federal Vocational Rehabilitation regulations, relevant state
statutes and administrative rules, and/or VR policy and procedures.
The decision is a final order and may be implemented 21 days after the decision
is issued, unless VR and the participant agree in writing to waive further review;
in that case, the decision may be implemented sooner than 21 days.
Formal Administrative Review (FAR):
A formal administrative review is available once an IHO has issued a final order
following a fair and impartial hearing.
• A reviewing official, who is the director of the Oregon Department of
Human Services or the director’s designee, shall conduct the review.
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If dissatisfied with the IHO’s decision or any part of the IHO’s decision, both VR
and the participant may request an impartial review of the decision by filing a
“Request for Formal Administrative Review” within 20 days after the impartial
hearing officer’s decision has been mailed.
On receipt of a timely “Request for Formal Administrative Review,” the VR
dispute resolution coordinator shall promptly notify the reviewing official and the
parties to the impartial hearing officer decision.
The VR dispute resolution coordinator shall provide the entire hearing record to
the reviewing official.
• The record consists of the audio recording of the impartial fair hearing and
any pre-hearing conference(s) if recorded, all exhibits submitted at the
hearing (considered and admitted) and supplemental record of the case
(procedural history, from the filing of the hearing request to the request for
formal review).
The reviewing official shall provide both parties with an opportunity to submit
additional evidence and information relevant to a final decision concerning the
matter under review.
• Each party shall provide copies to the opposing party of any materials
submitted directly to the reviewing official.
The reviewing official must receive all written materials no later than 20 days
after the filing date of the “Request for Formal Administrative Review.”
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The reviewing official may not overturn or modify the hearing officer's decision, or
any part of that decision, that supports the position of the participant unless the
reviewing official concludes, based on clear and convincing evidence, that:
• The decision of the impartial hearing officer is clearly erroneous based on
contradiction to the approved State Plan, the federal Rehabilitation Act,
federal vocational rehabilitation regulations, or state regulations and
policies that are consistent with federal requirements.
The reviewing official shall make an independent, final decision following review
of the entire hearing record and provide the decision in writing within 30 days of
the “Request for Formal Administrative Review.”
The decision of the reviewing official is a final order and shall be implemented
unless directed otherwise by a state or federal court.
Review by Oregon Court of Appeals:
A participant may request judicial review of a VR decision by the Oregon Court of
Appeals. VR shall promptly notify the attorney general’s office at the Department
of Justice and the Oregon Department of Human Services when a participant
files for appellate review.
The participant may file a civil suit in state or federal court.
Appeals by VR:
The administrator or administrator’s designee shall approve any decision by VR
to challenge a ruling by an impartial hearing officer, reviewing official or court of
law.
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Client Assistance Program
The purpose of the Client Assistance Program (CAP) is to assist, advise and
advocate for individuals applying for and receiving services available under the
Rehabilitation Act.
CAP assists in resolving issues and concerns between VR, service providers and
the participant. The advocacy CAP provides is tied to the individual’s rights under
the Rehabilitation Act.
CAP may serve as the participant’s representative during mediation, fair hearing
or other appeals.
CAP assists participants by providing information on:
• Benefits and services available through programs authorized under the
Rehabilitation Act, and
• The participant’s rights in connection with those services and benefits.
A participant may request CAP assistance and advocacy with respect to services
directly related to vocational rehabilitation as well as all projects, programs and
facilities funded by Rehabilitation Services Administration (RSA).
• This includes assistance and advocacy in pursuing legal, administrative, or
other appropriate remedies to ensure protection of the rights of individuals
seeking or receiving services. CAP shall facilitate access to services
funded under the Rehabilitation Act.
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E
ligibility for CAP representation:
A
ny applicant or participant of a program funded under the Rehabilitation Act is
eligible for CAP assistance. This includes potentially eligible students receiving
Pre-Employment Transition Services.
D
esignated liaison between VR and CAP:
In
formal contact occurs between CAP advocates and VR staff as the participant’s
needs are identified.
Designated primary liaisons are responsible for helping to address program and
procedural concerns.
• The designee for CAP is Disability Rights Oregon.
• The designee for VR is the deputy director of direct services.
• CAP will assign cases on an individual basis and requires participant
consent to discuss individual matters.
R
esponsibilities for VR and CAP:
V
R agrees to do the following:
• Actively promote cooperation with CAP to resolve concerns related to
rehabilitation services.
• Whenever informing participants of their rights, inform them of CAP
services and how to obtain them.
• Actively promote the use of CAP to assist in resolution of a participant’s
service issues.
• Respond to CAP requests for information in a timely manner.
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• Allow CAP to read and/or copy participant file data upon signed, written
consent from the participant.
• Seek input from CAP to help develop and implement policy and procedure
relative to mutual populations, and
• Keep CAP informed of policy amendments related to participant eligibility,
scope, and extent of services.
CAP agrees to do the following:
• Provide information to eligible applicants in keeping with the standards of
the Rehabilitation Act.
• Advise participants about and obtain their consent regarding advocacy
efforts.
• Obtain written approval to discuss a participant’s case with VR.
• Maintain participant confidentiality standards, and
• Limit requests for copies of file data to specific information necessary to
resolve the relevant issues.
Coordination and communication between VR and CAP:
VR and CAP should encourage communication, both verbal and written, as
appropriate. Communication at all levels is in support of improved understanding
and resolution of mutual concerns.
VR and CAP shall make every effort to enhance dispute resolution and avoid
adversarial relationships.
Formal meetings will be arranged at times and locations mutually agreeable to
both CAP and VR.
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• CAP staff may communicate directly with VR when a participant has a need
beyond general information and referral.
Either CAP or VR may request involvement from the other agency if within the
parameters of participant rights.
CAP services shall emphasize “good faith” negotiation. Dispute resolution
options available to CAP on behalf of the VR participant include:
• Communication and clarification
• Facilitated discussion.
• Settlement and negotiation
• Formal mediation
• Formal Administrative Review
• Fair hearings, and
• Appeals to the Oregon Court of Appeals and other judicial remedy.
Both agencies agree to develop and maintain a summary of procedural
documentation that VR and CAP will use in joint staff orientation. Such training
will occur within the context of each party’s ongoing new staff orientation
process.
References:
Requirements of Notice ORS 183.415
OAR 582-020 Dispute Resolution and Review of Determinations of Rehabilitation
Services
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Case file documentation:
The management of the VR Program is largely reflected in each participant’s
case file documentation. One key to program success is the VR staff's ability to
demonstrate accurate and timely decisions that:
• Comply with the law.
• Are made in partnership with the participant, and
• Lead to the delivery of substantial services for the eligible individual,
ultimately resulting in competitive integrated employment.
Documentation responsibilities cannot be delegated and must be entered into
ORCA directly by the individual completing the action being documented.
VR staff use case notes to compile information resulting from interactions with
the participant, the participant’s family or representative, referral sources, service
providers and others.
Case notes should establish a sound record of program effectiveness and
efficiency in the following ways:
• Convey compliance with federal and state laws regarding:
o Use of funds, and
o Decisions in service delivery.
• Document the VR counselor's decision-making and application of the VR
process.
• Provide a clear and concise explanation of the participant’s progression
through the rehabilitation process.
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• Explain any causes for delay, planned interventions and the result of
interventions.
• Document how services were seamlessly provided to the participant during
absence(s) of the VR counselor of record, and
• Record any counseling and guidance provided.
Official record of services:
The hard copy or printed file is the official record of services.
Hard copy or printed documentation is used to verify that data in ORCA is
accurate, complete, and supported.
At a minimum, VR counselors must assure that all programmatic decisions,
actions, discussions, work in progress and services are documented as provided
in 34 CFR §361.47 Record of services.
Note: ORCA does not satisfy the requirements necessary to be a permanent
record-keeping system. Because data being entered into the ORCA system may
be altered, edited, or amended by the user, this system may not qualify as an
official record.
What not to include in file documentation:
VR staff must be aware that case notes are legal documents and are subject to
internal and external audit and review, subpoena for legal action or appeals, and
review by the participant or others with a valid release of information.
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Content that is included in case notes must be based on facts relevant to the VR
case. Do not include unnecessary comments that are not relevant to the
individual’s disability or VR needs.
Do not include the following in a case note:
• Information duplicated in other sections of ORCA or on other forms or
reports in the paper case file unless:
o The information is significant to that case note (if so, summarize the
information.), or
o The case note is a summary, such as in:
A diagnostic interview
A vocational assessment, or
Case notes from elsewhere.
• Information that is not directly related to the identified disability, or
• Information that is not relevant to VR services.
When there is potentially sensitive information that is relevant to the identified
disability or VR services, VR staff should consult with their branch manager prior
to including this information in a case note in ORCA to ensure it is appropriate to
do so.
Much of our work is completed via electronic communication. As a reminder,
email correspondence between Vocational Rehabilitation and our clients is
considered a form of official communication.
• This communication should be carefully drafted and refined just as you
would for any other official correspondence.
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This policy applies to all Vocational Rehabilitation staff including employees,
volunteers, trainees, and interns.
ORCA is the electronic case management system used by Oregon VR. The
primary functions of ORCA are to:
• Serve as an electronic case management system that collects data
• Automate data collection to be used for program management, and
• Meet federal reporting requirements under the Workforce Innovation &
Opportunity Act (WIOA) and the Rehabilitation Services Administration
(RSA).
Case noting email conversations:
It is best practice to summarize information from an email conversation with a
client in an electronic case note in ORCA. This avoids errors in altering the
meaning of an email when copying or cutting and pasting an email message.
The case note about the email must contain:
• The sender’s information
• Date and time of correspondence
• Everyone who was sent the message, and
• A concise summary of the conversation.
Dated and time-stamped email correspondence in its entirety should rarely be
transferred directly into an ORCA case note unless:
• After carefully reviewing the entire conversation, you ensure that it
addresses a specific situation, topic, or decision, and
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• You believe the best way to capture the discussion or decision is to directly
transcribe the exchange. Some reasons that might be appropriate are:
o The message may deal with a complex issue that has many pertinent
details to be discussed and negotiated.
o The complex issue is best explained through including the entire
message.
o The message demonstrates a decision.
o The email conversation was contentious and needs to be included as
a reference.
Printed emails may not be altered or edited and must include a complete record
of the discussion to include email conversation “chains.”
• Cutting and pasting a portion of a conversation may remove the context of
the discussion or alter its intent.
Copying and pasting an email message into the client’s ORCA file does not
relieve the counselor of the requirement to print and save the correspondence in
the paper file.
Attaching an email conversation as a PDF to an ORCA case file is not
recommended.
Note: In circumstances where it is important to capture the entire contents of an
email communication or the communication is particularly complex, it is
acceptable to save the email to an ORCA case note.
• When printing the ORCA case file to archive it, attached files do not
automatically print and may be missed.
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Case notes are a public record:
Any information provided in a case note should be considered a legal and
potentially public document. Information held in these files may be reviewed as
part of any audit or review process.
Additionally, case notes serve to document the ongoing interactions and service
process between VR and the client. Therefore, case notes may be included in a
dispute resolution procedure.
Privacy and security issues related to ORCA:
Data privacy and security must be maintained when documenting email
communication in the official paper copy and the ORCA case notes.
Double check to assure that only information about the applicant or participation
is documented in that person’s official print file or the ORCA file.
Assure that any information copied into a client’s case note from an email only
concerns the applicant or participant.
Permitted use of electronic signatures:
Electronic signatures are permitted for all documents that require the signature of
an individual to apply, receive or acknowledge the delivery of Vocational
Rehabilitation services and information.
VR may only accept electronic signatures when VR can verify the identity of the
individual that signed the document.
Electronically signed documents may be:
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• Completed using any commercial, secure program or application designed
for electronic signature creation (for example, DocuSign, Adobe Sign,
AwareSign) or,
• Signed by the individual using the mouse draw function, or
• By providing a signed documented using a pre-selected signature style, or
• Electronically signed documents must be retained and maintained under
the same provisions required for other documents of the same
classification or type.
If an electronic signature is not accepted by agencies, vendors or contractors, VR
must obtain and provide an original hand signed document if requested.
Definition of electronic signature
“
Electronic signature” means an electronic sound, symbol or process attached
to or logically associated with a contract or other record and executed or adopted
by a person with the intent to sign the record. (Source: ORS 84.004 Definitions
for ORS 84.001 to 84.061(8))
A record or signature may n
ot be denied legal effect or enforceability solely
because it is in electronic form.
A contract may not be denied legal effect or enforceability solely because an
electronic record was used in its formation.
If a law requires a record to be in writing, an electronic record satisfies the law. If
a law requires a signature, an electronic signature satisfies the law.
(Source: ORS 84.019
Legal recognition of electronic records, electronic
signatures, and electronic contracts)
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References:
34 CFR §361.47
Record of Services
RSA-PD-19-03 Instructions for the Completion of the Case Service Report (RSA-
911) for the State Vocational Rehabilitation Services Program and the State
Supported Employment Services Program
OAR 582 Division 1
Definitions
DHS-100-004 Minimum Necessary Standard for Releasing Personally
Identifiable Information
ORS Chapter 84 Electronic Transactions
OAR 125-600-005 Guidelines for the Use of Electronic Signatures by State
Agencies
Quality Assurance and Continuous Quality
Improvement
(In revision – will update soon)
Vendors, purchasing and payments:
The ability to purchase goods and services to meet the unique vocational needs
of VR participants carries special responsibilities.
Counselors must make good use of public funds and ensure the use of qualified
vendors who provide culturally sensitive services. Additionally, counselors must
support participants in making informed choices about vendors.
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It is VR policy not to discriminate against a vendor based on sex, race, creed,
ethnic origin, or disability. It is also policy, to avoid favoritism in the selection or
use of a vendor when it results from a deliberate action (or lack of action). VR
may select a vendor based on:
• Cost
• Geographic proximity to the participant
• Quality of service
• Performance of vendor
• Vendor cooperation
• Participant preference
Note: VR ultimately determines whether to support and fund that choice.
• Possessing or obtaining appropriate licensure, or
• Program length.
VR staff shall give program length, quality, performance, and cost consideration.
VR ultimately determines whether to support and fund the choice of vendor; the
VR Program is not required to use an inadequate or inappropriate vendor even if
selected by the participant.
Use of qualified vendors:
VR shall purchase goods and services from qualified vendors, in accordance with
state licensure laws, certification standards, state purchasing regulations and
federal vocational rehabilitation regulations.
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Vendor guidelines:
Vendor selection shall use the following standards:
Professional services:
To provide services to VR, licensable professionals must hold current licensure
for the appropriate organization as required by law.
Medical or psychological consultant services
• VR medical or psychological consultants may recommend a vendor of
professional services any time when other selection methods are unable to
identify an appropriate vendor, or special circumstances exist that dictate
the use of a particular vendor.
• The VR counselor must ensure that the vendor selected meets VR
standards related to the use of professional services. Any time VR chooses
a vendor based on a consultant’s recommendation, documentation in the
case file is required.
Service organizations:
All service organizations such as hospitals or mental health clinics must possess
appropriate certification.
Commercial vendors:
Any commercial vendor must conform to all applicable state and local laws and
regulations. If an item is available at a savings via state price agreement, VR
339
shall purchase the item from the vendor with whom the state holds the
agreement.
In the absence of a price agreement, VR shall purchase items or services on a
least-cost basis.
T
raining vendors:
Tr
aining vendors (universities, colleges, private schools, OTJ trainers, online
schools, etc.) shall conform to all applicable licensing and certification
requirements.
To the maximum extent available, VR shall use Oregon public educational
organizations for training.
Al
l other vendors:
VR shall select other vendors for the specific skill required by the rehabilitation
setting.
Considerations for vendor selection:
Geographic proximity:
O
ther factors being equal, VR shall select the vendors in the area closest to the
participant’s residence.
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V
endor performance:
G
oods and services provided by VR shall be of high quality and reasonable cost.
Vendors shall demonstrate a willingness to cooperate in meeting both VR and
participant needs.
VR staff who experience poor performance on the part of any vendor shall report
the situation to their supervisor for further review and action.
A
ccessibility:
V
R shall refer participants to vendors whose services meet compliance with the
Civil Rights Act and Section 504 of the Rehabilitation Act of 1973. VR shall
exercise special care in selecting programs that are accessible to participants
with mobility impairments.
C
onflict of interest in vendor selection:
V
R shall not select a vendor when any VR staff or family member would profit by
the selection. Whenever there is a potential or actual conflict of interest, the
affected staff person shall notify the branch manager or immediate supervisor in
writing.
Si
ngle source:
When there is only one vendor in reasonable proximity to the participant’s
residence, VR shall use the vendor if the vendor meets all other standards. VR
staff shall document the use of a single source vendor on the authorization for
purchase.
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P
articipant preference:
If
the participant has a preferred vendor, VR will use the service of that vendor if
the vendor meets all applicable standards. VR staff shall provide appropriate
documentation if required. If the participant’s preferred vendor does not meet
appropriate standards, VR shall use an alternate selection that meets all VR
standards.
V
R preference:
V
R shall make the choice of vendor if:
• The participant does not have a preference after having an opportunity to
exercise informed choice, or
• The participant is unwilling to select a vendor and no special circumstances
exist.
VR staff shall make the selection from the pool of local professionals who are
otherwise qualified to provide the necessary service, with care given to include all
potential vendors.
Au
thorizations and payments:
V
R shall pre-authorize all purchased goods and services in writing. Purchases
shall comply with state and VR purchasing requirements.
O
bligation to pay:
VR authorizes payment for services with the following attributes:
• The quality of the service(s) is adequate.
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• Performance indicators reports are documented and received.
• Charges for the services are billed within two years of the authorization
date, and
• Charges are at the usual rate for the public or at a lesser, negotiated rate.
Authorization required:
VR shall provide a completed authorization for purchase (AFP) or other valid
state of Oregon purchasing document to each vendor prior to purchase of any
service.
Participant expenditures:
VR may reimburse a participant for services if the VR counselor or other authority
authorizes the expenditure(s) prior to the actual purchase.
Manager approval: When a purchase requires the manager’s approval, the
manager shall sign the AFP. When the manager is unavailable, the manager’s
designee may sign the AFP along with the authorizing counselor.
Vendors: purchasing and payment:
Services not authorized:
The following services and expenditures are not authorized at any time:
• Any participant-incurred debt.
• Any service(s) obtained by the participant prior to the date of application.
• Purchase of land or stationary buildings
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• Fines or penalties such as traffic violations, parking tickets, library fines,
any late fees.
• Expungements, set asides or dismissal fees. This includes other related
expenses to remove previous arrest, charge, conviction, or past legal
action.
• Breakage fees or other refundable deposits.
• Contributions and donations.
• Entertainment or recreation costs.
• Including tips and gratuities for services
• Payments to the participant’s credit card companies.
• Authorizations for supermarkets or grocery stores for food items.
• Purchase of club or vendor memberships (for example Amazon Prime,
Costco).
• Warranties.
o VR may not purchase warranties. However, warranties that are
included as part of the purchase price or included in a package
“bundle” are permissible.
o Maintenance outside of the definition as set forth in 34 CFR
361.5(c)(34).
o Over the counter hearing aids
References:
34 CFR 361.50(c)
Payment for services.
582-070-0030 Limitations of Payments
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Payment review process:
Counselors shall review all invoices before approving payment. If an invoice does
not match a plan service, the counselor shall not make payment and forward the
bill to the branch manager. VR must resolve any irregularity before payment.
Purchasing authority:
Through the delegated authority of the Oregon Department of Administrative
Services (DAS) the ODHS Office of Contracts and Procurement ensures legal
and contract compliance in the procurement process. Specifically, it has the
responsibility to solicit, purchase and contract for trade services (for example,
janitorial contracts), information technology (for example, servers, computers,
and software), equipment leases, and goods and services valued at over $5,000.
For further information on purchasing authority limitations, see the “VR Business
Procedure Manual.”
Verbal authorization allowances and process:
Services to individuals must be specifically prior-authorized and are not
considered approved or billable until the vendor receives a completed “Agency
Authorization for Purchase” (AFP) form.
Only in extreme emergencies may services be prior authorized verbally. Any
such verbal authorization must be documented promptly and followed with a
written AFP within 72 hours.
VR shall not provide verbal authorization for services contractually negotiated
and/or approved by the Department of Administrative Services (DAS).
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RSA prior approval of client purchases:
Equipment, in this context, means any tangible personal property having a useful
life of more than one-year and a per-unit acquisition cost of $5,000 or more. (2
CFR §200.33)
Useful life longer than one-year means that a purchased item will have value a
year after it is initially purchased. (Oregon Accounting Manual policy 15.60.20)
All equipment with a cost greater than $5,000 and a useful life greater than one-
year requires prior approval. Examples of equipment may include (but is not
limited to):
• Motor vehicles including modifications over $5,000.
• Software packages, computer and/or office equipment
• Technology equipment and systems
• Specialized bicycles where the per unit price exceeds $5,000.
• Rehabilitation Technology over $5,000
Equipment cost cannot be fragmented into smaller pieces to avoid submission for
prior approval.
Procedures for the prior approval of equipment in the IPE are described below.
Note: VR must submit all purchases of $5,000 or more that are not included in a
client’s IPE to Rehabilitation Services Administration (RSA) for review and
approval.
Procedures for the Prior Approval of Equipment NOT in the IPE are described
below.
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Prior approval for participant support cost:
“Participant support costs (PSC)” means the direct costs for items such as
stipends or subsistence allowances, travel allowances and registration fees paid
to or on behalf of Oregon VR participants or trainees in connection with
conferences or training projects. (2 CFR §200.75)
Participant support costs (PSCs) are allowable if they are incurred to provide VR
services under Individualized Plans for Employment (IPEs).
Note: Accommodations needed to enable the VR client to participate in the
conference (for example, language interpretation services or American Sign
language interpreters) should be included as part of the VR client’s request
during registration.
The organization hosting the event should supply them at no cost as part of the
event.
Purchase of other communication or assistive technology aids used directly by
the client is generally classified as rehabilitation technology; it may not match the
definition of a participant support cost.
Prior approval for capital expenditures:
“Capital expenditures” means items acquired; or additions, improvements,
modifiers, replacement or rearrangements, reinstallations, renovations, or
alterations made that materially increase the value or useful life of real property.
(2 CFR §200.13)
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Note: All capital expenditure requires RSA’s prior written approval regardless of
the dollar amount.
Process for prior written approval for equipment included in an IPE:
When equipment cost exceeds $5,000 in a participant’s individualized plan for
employment (IPE), the following processes must be adhered to.
The VR counselor must submit the request to the branch manager.
The branch manager will review the request and, if approved, forward it to the VR
business operations manager for review and consideration prior to the purchase
being made.
Note: If the purchase price of the item exceeds the authority of the branch
manager, appropriate review and approval is required prior to forwarding it to the
VR business operations manager.
For all expenditures:
If less than three quotes are obtained, the VR counselor must document the
reason in the client case file and in the documentation submitted for approval.
All client expenditures should be made with the expectation that the item being
purchased is the least costly option that meets the client’s needs and overcomes
the barrier to employment.
The request for approval must include:
• Participant’s Personal Identifier (PID), and
• Description of the item needing prior approval, and,
• Three cost quotes for the equipment in question.
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Three bids are not required when the purchase is:
• Covered under a medical prescription.
• Propriety to a specific place or provider
• Custom designed for a client, or
• In an area where multiple options are not available.
Note: Vehicle modifications still require three quotes.
Do not include personal identifying information in the information shared.
The VR business operations manager will review each request and coordinate
with the submitting branch manager as appropriate.
• After review, the approval or denial will be forwarded to the branch
manager and original requester.
Upon receiving approval from the VR business operations manager, the
“Authorization for Purchase” (AFP) may be issued.
Note: The VR counselor must include the written approval from the VR business
operations manager with the file attached to the AFP.
Process for prior written approval for equipment not included in an IPE:
Purchases of client equipment prior to a signed IPE should be very rare.
• These purchases will primarily be to ensure an applicant’s ability to
participate in the process of eligibility and planning for VR services.
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When an applicant requires VR to purchase an item exceeding $5,000 prior to an
IPE being signed, the VR counselor must submit all the following information to
their branch manager for review and approval:
• Participants Personal Identifier (PID), and
• Description of the item needing prior approval, and
• Three cost quotes for the equipment in question.
Note: Three bids are not required when:
• The purchase is covered under a medical prescription, or
• The purchase is propriety to a specific place or provider, or
• It is custom designed for a client, or
• Multiple options are not available.
Note: Vehicle modifications still require three quotes.
The branch manager will review the request and if approved, will forward the
request to the VR business operations manager for review and consideration
prior to the purchase being made.
All client expenditures should be made with the expectation that the item being
purchased is the least costly option that meets the client’s needs and overcomes
the barrier to employment.
The VR counselor must document the reason for less than three quotes in the
client case file and in the documentation submitted for approval.
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The VR business operations manager will review each request and coordinate
with the submitting branch manager as appropriate. If approved, the VR business
operations manager submits the request to RSA for prior approval as required.
When prior approval is received in writing from RSA, the VR business operations
manager forwards this information to the branch manager and original requester.
Upon receiving approval from the VR business operations manager, the
“Authorization for Purchase” (AFP) may be issued.
The VR counselor must include the written approval from the VR business
operations manager with the file attached to the participant support costs (PSC)
that meet the following criteria must be approved prior to the purchase of the
item.
Regarding any PSC that is not included in a client’s individualized plan for
employment (IPE):
• Participant support costs (PSC) costing less than $5,000 and not included
in an IPE must be approved by the VR business operations manager at a
minimum.
• PSC exceeding $5,000 and not included in an IPE must be approved by
RSA prior to approval.
Any PCS that exceeds $5,000 and included in a client’s IPE must be approved
by RSA.
The VR counselor should forward their request to their VR branch manager for
review and approval. The branch manager will review this request and, if
351
approved, will forward the request to the VR business operations manager for
review and consideration prior to the purchase being made.
This request must include:
• Participant’s Personal Identifier (PID), and
• Description of the Item needing prior approval, and
• Three cost quotes for the equipment in question.
Note: Three bids are not required when:
• The purchase is covered under a medical prescription, or
• The purchase is propriety to a specific place or provider, or
• It is custom designed for a client, or
• Multiple options are not available.
All client expenditures should be made with the expectation that the item being
purchased is the least cost option that meets the client’s needs and overcomes
the barrier to employment.
The VR counselor must document the reason for less than three quotes in the
client case file and in the documentation submitted for approval.
Do not include personal identifying information in the information shared.
The VR business operations manager will review the request and coordinate with
the requesting branch manager as appropriate. The VR business operations
manager will then approve, deny, or submit the above information with any
additional information to RSA for prior approval as required.
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When approval for this request is received from RSA, the VR business
operations manager forwards this information to the branch manager and original
requester.
Upon receiving approval from the VR business operations manager, the
“Authorization for Purchase” (AFP) may be issued.
The VR counselor must include the written approval from the VR business
operations manager with the file attached to the AFP.
P
rocess for prior written approval for capital expenditures:
Th
e VR counselor must forward any client capital expenditure purchase requests
to their branch manager for approval prior to authorizing the procurement of the
item.
This request must include:
• Participants Personal Identifier (PID), and
• Description of the Item needing prior approval, and
• Three cost quotes for the equipment in question. Do not include personal
identifying information in the information shared.
The branch manager will review the request for capital expenditure and, if
approved, will forward the request to the VR branch manager for review and
consideration.
The VR business operations manager will review the request and coordinate with
the requesting branch manager as appropriate. The VR business operations
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manager with then approve, deny, or submit the above information with any
additional information to RSA for prior approval as required.
When approval from RSA for this request is received, the VR business
operations manager forwards this information to the branch manager and original
requester.
Upon receiving approval from the VR business operations manager, the
“Authorization for Purchase” (AFP) may be issued.
The VR counselor must include the written approval from the VR business
operations manager with the file attached to the AFP.
Comparable benefits and services:
Comparable services and benefits are services and benefits, including
accommodations and auxiliary aids and services, that are:
• Provided or paid for, in whole or in part, by other federal, state, or local
public agencies, by health insurance, or by employee benefits.
• Available to the individual at the time needed to ensure their progress
toward achieving the employment outcome in their IPE.
• Commensurate to the services that the individual would otherwise receive
from VR.
As defined here, comparable services and benefits do not include awards and
scholarships based on merit.
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Determination of availability for comparable benefits:
Before providing an accommodation or auxiliary aid or service or any VR
services, except those that are exempt, to an eligible individual or to members of
the individual’s family, VR must determine whether comparable services and
benefits are available, unless such a determination would interrupt or delay:
• The progress of the individual toward achieving the employment outcome
identified in the IPE.
• An immediate job placement, or
• The provision of VR services to any individual who is determined to be at
extreme medical risk, based on medical evidence provided by appropriate
qualified medical personnel.
Exempt services related to comparable benefits:
The following Vocational Rehabilitation services are exempt from a determination
of the availability of comparable services and benefits:
• Assessment for determining eligibility and vocational rehabilitation needs.
• Counseling and guidance, including information and support services to
assist an individual in exercising informed choice.
• Referral and other services to secure needed services from other agencies,
including other components of the statewide workforce development
system, if those services are not available under this part.
• Job-related services, including job search and placement assistance, job
retention services, follow-up services and follow-along services, and
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• Rehabilitation technology, including telecommunications, sensory, and
other technological aids, and devices.
Examples of comparable benefits include, but are not limited to:
• Workers’ compensation benefits – various benefits and services for
individuals with a job-related injury
• Temporary Assistance for Needy Families (TANF) – cash assistance,
housing, childcare and job preparation for low-income families with children
• WorkSource Oregon – regional and local one-stop centers helping with job
preparation and job placement.
• Veterans Administration – educational, rehabilitative, and medical benefits
for veterans with service-connected disabilities
• Medicare or Medicaid – medical benefits to a person,
• Private insurance – may provide medical, vision, dental or mental health
treatment.
• Student financial assistance programs – grants and supportive services for
students in postsecondary education
• Oregon Health Plan – Oregon state Medicaid program providing free or
low-cost health care coverage to Oregon residents with limited income.
• Available local free or reduced cost medical, medication, and dental
programs, or
• Native American Tribal benefits.
Applying for comparable benefits:
All participants are required to apply for and use all available comparable
benefits prior to VR expending its funds.
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The participant is obliged to cooperate in applying for or otherwise securing
comparable benefits and services. If a participant appears eligible for any
comparable benefit and refuses to apply, VR may not use federal funds for that
service.
Interim use of VR funds while awaiting a comparable benefit
determination:
When a decision on a comparable benefit is pending, VR may provide funding to
expedite services.
VR may provide services prior to completion of a comparable benefits
assessment if use of such benefits would significantly delay or prevent the
provision of rehabilitation services.
If, after maximum effort, availability of a comparable benefit cannot be
determined within 60 days, VR will consider that resource unavailable to the
participant and will document this information.
Duplicate payments related to comparable benefits:
When pending comparable benefits become available, a duplicate payment may
exist. Duplicate payments are not permissible. VR shall document and reconcile
duplicate payments. VR shall reduce future funding or obtain reimbursement to
offset duplicate payments.
In the event VR cannot recover a duplicate payment, VR staff shall clearly
document this fact and the efforts made to recover the payment.
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Reference:
34 CFR 361.53
Order of Selection:
Order of Selection and eligibility:
Federal law requires state vocational rehabilitation programs to set priorities for
serving those with the most significant disabilities first when resources are not
sufficient to serve all eligible individuals with disabilities.
Order of Selection does not change the basic criteria for determining eligibility for
VR services. Individuals still must have a physical or mental impairment; the
physical or mental impairment must result in a substantial impediment to getting,
keeping, or advancing in a job; and the individual must require vocational
rehabilitation services to prepare for, get, keep or advance in a job.
The eligibility determination will establish the number of functional capacity
limitations and the number and duration of services needed to identify the level of
disability, so that those with the most significant disabilities are served first.
Priority levels under Order of Selection:
When VRs projected fiscal and personnel resources are inadequate to provide
the full range of appropriate services to all eligible individuals, the administrator
of VR will implement VR’s Order of Selection procedure.
By law, this procedure must ensure that individuals with the most significant
disabilities are served first.
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The criteria used for determining the Order of Selection for services relies upon a
determination of the number of functional capacity limitations that affect an
individual’s ability to work, the number of substantial vocational rehabilitation
services required and the need for these services over an extended period.
P
riority one:
Th
e VR Program shall assign an individual to priority category one and serve
them first based on date of application, if the individual:
• Has been determined eligible for services under OAR chapter 582, division
50.
• Is classified with a most significant disability as defined in OAR 582-001-
0010
• Has a severe mental or physical impairment that seriously limits three or
more functional capacities (such as mobility, communication, self-care, self-
direction, interpersonal skills, work tolerance or work skills) in terms of an
employment outcome, and
• Is expected to require three or more vocational rehabilitation services over
an extended period to achieve or maintain a successful employment
outcome.
P
riority two:
Th
e VR Program shall assign an individual to priority category two if the
individual:
• Has been determined eligible for services under OAR 582 Division 50
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• The individual is classified as a person with a Significant Disability as
defined in OAR 582-001-0010.
• The individual has a severe mental or physical impairment that seriously
limits one or two functional capacities (such as mobility, communication,
self-care, self-direction, interpersonal skills, work tolerance or work skills) in
terms of an employment outcome, and
• The individual is expected to require two or more vocational rehabilitation
services over an extended period to achieve or maintain a successful
employment outcome.
P
riority three:
V
R shall assign all other individuals, who do not qualify for the other priority
categories and who have been determined eligible for services under OAR 582
Division 50, to priority category three.
P
rohibited factors in determining priority under Order of Selection:
VR cannot consider the following in determining an Order of Selection priority
category:
• Type of disability
• Duration of residency provided the individual is present in the state.
• Age, gender, race, color, or national origin
• Source of referral
• Type of expected employment outcome
• The need for specific services or anticipated cost of such services, or
• The income level of the individual or individual’s family.
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P
resumptive eligibility and setting priority level under Order of
Selection:
SSI/SSDI recipients continue to be presumed eligible under Order of Selection
and are considered individuals with a significant disability (priority level two);
however, they may qualify for a higher priority level depending on the number of
functional capacity limitations.
SSI and SSDI recipients’ priority level will be updated when the counselor
completes the review of the medical records and other evidence to determine the
number of functional capacity limitations.
A change in the priority level may occur after the final eligibility determination has
been completed.
I
mpact on advancing in employment under Order of Selection:
Th
ose individuals who want to advance in employment but face barriers because
of a disability may still apply for and receive VR services. Eligibility will be
determined, and the appropriate priority category designated as others under the
Order of Selection procedures. The Order of Selection guidelines are not
intended to replace existing policies or procedures.
O
rder of Selection and impact on youth services:
Students with existing IPEs will be served as usual. Students who do not have an
existing plan will be placed on the wait list and their name will be released
according to the established disability priority level and application date.
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VR counselors will continue to serve the school population and provide
information and referral services, in conjunction with the contracted youth service
provider, for each youth on the caseload.
No individualized plan for employment (IPE) may be written until the student’s
name is released from the wait list.
O
rder of Selection impact for brokerage services:
In
formation and referral counseling will be provided to all individuals on the wait
list. This will include assisting the brokerages with a letter clarifying that the
individual is on an existing wait list and will not be receiving services to develop
an IPE until their name is released.
The clarification letter will allow brokerages to access job development funding
permitted under the Medicaid waiver because VR is unable to provide job
development services during the time the individual remains on the wait list.
P
rovision of services under an Order of Selection:
O
n the effective date of the Order of Selection and regardless of an individual’s
assignment to a priority category, the VR shall do the following:
• Continue to provide to an eligible individual all needed services, listed in
their Individualized Plan for Employment (IPE) if that individual started
receiving IPE services prior to the effective date of the Order of Selection.
• Continue to provide Pre-Employment Transition Services to a student or a
youth with a disability if that student or youth started receiving services
prior to being determined eligible for VR Program services.
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• Provide an eligible individual with specific services or equipment necessary
to maintain their current employment pursuant to OAR 582-100-0020.
• Provide an applicant with assessment services that are necessary to
determine VR Program eligibility and priority category.
• Provide career counseling and information and referral services to an
eligible individual employed in subminimum wage employment, as
described in OAR 582-115-0010, and
• Provide information and referral services to an eligible individual who is not
receiving services under the Order of Selection.
O
rder of Selection and continuation of information and referral services:
VR continues providing information and referral services to all prospective
applicants and individuals who are on the wait list.
Information and referral services consist of providing vocational rehabilitation
guidance in making appropriate referrals to other agencies or information on how
to access other resources.
VR provides information about other programs and services that may meet the
individual’s needs. Other programs include other federal, state or community
programs with services available to assist individuals with disabilities to prepare
for, get or keep a job.
After explaining the resource available, VR may prepare a formal referral to the
appropriate program.
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Activities that may be conducted under information and referral counseling and
guidance must be provided to assist individuals in identifying appropriate
referrals and resources.
No other services may be purchased or funded other than information and
referral. This includes referral to VR-funded job clubs.
No other VR services such as plan development, training, or job placement
assistance, may be provided to individuals on the wait list. This includes no-cost
services.
D
ocumentation of information and referral services when in Order of
Selection:
Wh
en an individual is referred to another agency, a notice of the referral must be
sent to that agency and the individual must be informed of a specific contact
name within that agency.
Counselors will be provided with a sample letter in ORCA to note the name of the
referral agency and the contact person. This letter can be faxed to the referral
agency and a copy given to the individual. Information and referral services
provided must be documented in the individual’s file.
VR may opt to facilitate a meeting with the individual and a community partner to
assist in making a referral(s).
VR administration will track the number of individuals who have been provided
information and referral services for federal reporting purposes.
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ORCA will allow counselors to enter an information and referral case note to
document each referral’s Information and referral requirements. Federal
regulations establish minimum requirements under I & R as follows.
VR shall:
• Provide individuals with appropriate vocational rehabilitation information
and guidance (which may include counseling and referral for job
placement) to prepare for, get or keep a job.
• Refer individuals with disabilities to other federal or state programs that are
best suited to address their specific employment needs, including partners
in the workforce investment system.
• Initiate a notice of referral identifying:
o The name of the program to which the individual is referred.
o A point of contact in that program, and
o Information about the most suitable services to assist the individual
prepare for, get, or keep a job.
P
roviding counseling and guidance: scope of services under an Order of
Selection:
To
provide individuals with appropriate VR information and guidance that may
include counseling and referral for job placement, a VR counseling staff member
talks with the individual about their needs to prepare for, get or keep a job.
The VR counseling staff member provides advice and guidance about how the
individual might proceed, explains referral sources available, and offers to initiate
a referral to another program, if appropriate.
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These interactions occur during other activities, such as completing the
application, intake, and eligibility determination.
For individuals who choose not to apply for VR services because of the Order of
Selection, a general guideline is to limit intake and referral services (I&R) to one
appointment.
The VR counselor does not establish an ongoing counseling relationship nor
perform follow-up services regarding information and referral (I & R). Services
such as job placement and development or job search assistance will not be
purchased under information and referral (I & R).
Providing counseling and guidance: referrals when in Order of
Selection:
Each office will maintain a list of federal and state programs with which VR has
established a formal referral relationship.
Individuals who either choose not to apply or are on a wait list to receive VR
services will be referred to other appropriate vocational rehabilitation,
employment, and related resources.
Other programs to be used in this capacity, as appropriate, include Tribal VR
programs, the Veterans Administration VR program and other community
programs.
Because of limited resources in some areas and the unique needs of some
individuals with disabilities, there will not be an appropriate program available to
every person.
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Branch offices should try to identify appropriate resources in their specific
geographic locations and to maintain updated and accurate information to make
meaningful referrals whenever possible.
Providing counseling and guidance: job placement when in Order of
Selection:
VR counseling staff may provide brief counseling for job placement.
If the individual intends to engage in independent, self-directed job search or
related activities, VR counselors may provide brief counseling to assist the
individual in this effort.
Examples of counseling and referral for job placement may include, but are not
limited to the following:
• A single counseling session with the individual to discuss what they have
already tried to do to find a job and to offer other job search strategies and
suggestions.
• Reviewing and giving advice on an individual’s resume
• Discussing reasonable accommodation issues and strategies for
approaching an employer
• Discussing and providing the individual with access to the internet or
another resource, and
• Sharing information about the local labor market.
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Services for cases not in plan status during an Order of Selection:
Under an Order of Selection, VR is not permitted to purchase services other than
those needed to determine eligibility for those individuals who are not already in
plan status as of the effective date of the Order of Selection.
Any VR-funded assessment and associated purchases of services shall be
restricted to those expenditures required to determine the eligibility, not in
developing an Individualized Plan for Employment.
Services needed as part of a trial work experience when in Order of
Selection:
Counselors shall heed the federal presumption that an individual can benefit from
VR services.
Trial work experiences are only necessary when clear and convincing evidence
is needed to establish that an individual is unable to benefit from vocational
rehabilitation services.
Expenditures required to facilitate trial work experiences are allowable under an
Order of Selection when necessary to complete the determination of eligibility,
including:
• Expenditures for plan development for individuals on the wait list in Order
of Selection, and
• Plan development expenditures such as work experiences, training,
college, and job development services are not allowable expenses until VR
Administration has authorized the initiation of plan services for individuals
that can be taken off the wait list.
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C
ase management and wait list procedures when in Order of Selection:
P
articipants receiving services under an IPE continue to receive the agreed-upon
services without interruption so long as resources continue to be available upon
the state entering an Order of Selection. Plans may also be revised or amended
as necessary.
S
elf-employment plans when the VR Program is in Order of Selection:
In
dividuals pursuing self-employment but who are not yet receiving plan services
as of the date of the Order of Selection must be placed on the wait list and will be
served based on their priority level and application date. No purchases may be
made for any individuals on the wait list.
Eligible individuals who were not receiving services under an IPE prior to the
effective date of the Order of Selection will be given a priority category and
placed on the wait list. This includes individuals who have been found
presumptively eligible. Once a new participant is assigned a priority category, VR
adds the person’s name to a wait list.
Wait lists will be maintained for each priority level and individuals with the earliest
application dates will have the highest ranking within each priority level. Every
individual will be notified in writing regarding priority assignment and will be
mailed a letter at least every 90 days regarding status on the wait list.
Es
tablishment of the wait list Under Order of Selection:
Th
e Order of Selection requires a single, statewide wait list that prioritizes
individuals based first on severity of disability and then on application date, not
on office location.
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VR shifts resources to regions experiencing higher demand for services
whenever possible. Staff may be asked to shift to other offices within a
permissible commuting range.
The Director of Direct Services monitors caseload distribution and financial
resources and will work with branches when shifting staff appears to be
warranted.
S
ervice order under Order of Selection:
Th
e Rehabilitation Act requires a state to serve individuals with the most
significant disabilities first. As a result, an individual who is in priority one will
always be served before an individual in any of the other priority categories,
regardless of application date.
Who is served first within a priority level is determined by application date. The
intent of the law is to ensure that those who have the greatest need are served.
Individuals with less significant disabilities may be able to access other resources
in the community, such as WIA or One Stop Centers, to meet their needs.
However, other programs are not likely to have the knowledge, skills, or
resources to adequately serve those with the most significant disabilities.
When in an Order of Selection, even eligible individuals who may appear to have
no- cost IPE services must be placed on the appropriate wait list by priority and
application date.
No special priority can be given to individuals perceived as having “no-cost”
plans.
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C
ost of services and determination of priority level in Order of Selection:
Th
e law says that no other factors such as cost of service, income or type of
disability can be used to determine assignment to a priority category.
C
hange in priority level during Order of Selection:
A
ny time an individual seeking VR services experiences a change in their
condition, a re-evaluation of their eligibility and priority level may be conducted.
Individuals will be notified in their initial eligibility/priority letter that, if new
information is available regarding their condition, they may provide it and seek a
re-evaluation.
O
rder of Selection - wait list procedure:
As soon as VR determines there are resources available to initiate new service
plans, names of individuals who are in the priority level being served will be taken
off the wait list in the order in which their applications were received.
ORCA has the capability of sorting individuals by priority level and date of
application. Administrative staff will monitor finances to determine when sufficient
funds are available to release names from the wait list.
When names can be released, branch managers will receive an announcement
of these names so that these individuals can be notified regarding their removal
from the wait list and asked to contact VR if they are still interested in receiving
services.
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Moving from eligibility to plan under Order of Selection:
Upon the release of an individual’s name from the wait list, the target of plan
development within 90 days still applies.
Therefore, once the individual is released off the wait list, plan development
commences as usual.
References:
34 CFR § 361.36
34 CFR § 34 CFR §361.5
34 CFR § 361.42 - Assessment for determining eligibility and priority for services.
OAR Chapter 582 Division 100 - Order of Selection for Vocational Rehabilitation
Services
Business Procedure Manual:
The “Business Procedure Manual” is a reference guide for all staff on
requirements and how/when processes are to be completed. This is a living
document that is continuously updated by the Business Team.
The manual provides consistency on business processes across the state. It is
also used as a training tool for new staff.
All staff are expected to learn and adhere to federal and state law, agency
policies, business rules and code of ethics.
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All are expected to attend agency trainings and follow new practices or updated
changes as they occur. Accuracy and attention to detail is critical and an
expectation of all positions. Fulfilling the demands of our work requires that these
procedures be understood and followed.
If you have any questions about them or about any other procedure in your work,
please talk to your immediate supervisor or your business integrity coordinator.
See the Business Procedure Manual
.
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Appendices:
The legislative history of the Vocational Rehabilitation
Program:
The history of Vocational Rehabilitation can be traced back more than 75 years.
It has taken many forms over those years and has gradually morphed and grown
into the agency we all work in today.
Keep in mind that, while VR is a federally established and funded program, the
actual administration of the program is done at the state level, and each state is
handled a little bit differently. What may be allowed in one state may not always
be allowed in another.
The VR Program is housed within different state programs depending on how the
individual states choose to manage the program. In some places. VR is housed
within the Oregon Department of Human Services, while in others it may be
located within the state’s Department of Education, Department of Labor or even
be an independent agency all on its own.
These differences mean that great care must be taken when comparing how one
state does things with how we in Oregon provide services. The following
examples provide an overview of the major pieces of federal legislation that have
gotten us to where we are today.
Soldiers Rehabilitation Act of 1918
The first real federal steps toward providing employment training and support for
people with disabilities were taken. This Act was primarily aimed at serving
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injured veterans from World War One to help them prepare for jobs that would
match their abilities.
Civilian Rehabilitation Act of 1920
This Act mirrored the Soldiers Rehabilitation Act of 1918. This law began
authorizing vocational rehabilitation services for non-veterans.
This Act basically established vocational rehabilitation as an entity by authorizing
services related to vocational guidance, training, occupational adjustment,
prosthetics and placement services. However, these services were limited to
persons with physical disabilities; it did not include physical restoration or social
orientation rehabilitation.
The Vocational Rehabilitation Amendments (Barden-LaFollette)
Act of 1943
This act increased VR services to include individuals with mental illness and
intellectual and developmental disabilities.
It also specifically allowed for the purchase of hearing aids, wheelchairs, and
surgery to correct physical deformities.
The Vocational Rehabilitation Amendments of 1965
The 1965 amendments allowed VR to help individuals with drug abuse problems,
alcoholism, lack of education and prison records while removing economic need
as a general requirement for services.
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The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 completely revised the previous versions of this
legislation and became the first legislation to begin to really address equal
access for individuals with disabilities through the removal of architectural,
employment and transportation barriers.
The Rehabilitation Act of 1973 also established the Rehabilitation Services
Administration and created the Individual Written Rehabilitation Plan.
Additionally, Section 504 of The Rehabilitation Act of 1973 prohibited
discrimination because of physical and mental handicaps in programs receiving
federal funds.
The Americans with Disability Act (ADA) of 1990
The Americans with Disabilities Act guarantees the rights of persons with
disabilities to equal access to employment (Title I), government services
including transportation (Title II), public accommodations (Title III),
telecommunications (Title IV) and other services such as insurance (Title V).
This act is based upon the premise of inclusion, integration, accommodation, and
accessibility for all.
Workforce Investment Act of 1998
The Workforce Investment Act established a coordinated system of federal aid
programs for vocational education, adult education, and job training at state and
local levels.
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It created statewide and local workforce investment systems designed to
increase the employment, retention, and earnings of participants, and increase
occupational skill attainment by participants.
Workforce Innovation and Opportunity Act of 2014
The Workforce Innovation and Opportunity Act (WIOA) replaced the Workforce
Investment Act and made sweeping changes to the nation’s workforce systems.
It was designed to help job seekers gain access to employment, education,
training, and support services.
Additionally, it emphasized youth and high school transition programs and aimed
at removing barriers to employment for those with disabilities.
The VR Ecosystem:
As mentioned earlier in this guide, the Vocational Rehabilitation Program is a
federally established and funded program. However, each state determines
independently how to administer their individual programs.
Here in Oregon, we are housed within the Oregon Department of Human
Services. This section traces the leadership of the program from the very top of
the federal pyramid all the way down to our own state program.
Let’s start with the U.S. Department of Education. It is within this federal agency
that the most senior decisions affecting the VR Program begin.
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The U.S. Department of Education
The Department of Education has a mission to promote student achievement and
preparation for global competitiveness by fostering educational excellence and
ensuring equal access.
The Secretary of education is the principal adviser to the president on federal
policies, programs and activities related to education in the United States.
The deputy secretary of education reports to the secretary of education and is
responsible for overseeing three programs within the U.S. Department of
Education:
• Office of Elementary and Secondary Education
• Office of English Language Acquisition
• Office of Special Education and Rehabilitative Services, which administers
the VR Program.
Office of Special Education and Rehabilitative Services (OSERS)
OSERS develops and implements policy and legislation that directly affects
individuals with disabilities and their families. OSERS lives within the U.S.
Department of Education.
OSERS is made up of two main programs that report to the Office of the
Assistant Secretary. The assistant secretary reports to the U.S. deputy secretary
of education. These programs include the:
• Office of Special Education Programs (OSEP), and
• Rehabilitation Services Administration (RSA)
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o The VR Program falls under RSA.
Rehabilitation Services Administration
The RSA commissioner leads the RSA. The RSA commissioner reports to the
OSERS assistant secretary.
The Rehabilitation Services Administration (RSA) provides leadership and
resources to help state and other agencies provide vocational rehabilitation and
other services to individuals with disabilities to maximize their employment,
independence and integration into the community and the competitive labor
market.
RSA is comprised of these seven separate programs:
• Disability Employment programs
o State Vocational Rehabilitation Services Program
o State Supported Employment Services Program
o American Indian Vocational Rehabilitation Services
o Randolph-Sheppard Vending Facility Program
• Advocacy programs
o Client Assistance Program (CAP)
o Protection and Advocacy of Individual Rights (PAIR)
• Independent Living Program
o Independent Living Services for Older Individuals Who Are Blind (IL-
OIB)
• Technical Assistance Centers
o American Indian Vocational Rehabilitation Services Training and
Technical Assistance Center (AIVRS-TAC)
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o National Technical Assistance Center on Transition for Students with
Disabilities: The Collaborative (NTACT:C)
o Older Individuals who are Blind Training and Technical Assistance
Center (OIB-TAC)
o Vocational Rehabilitation Technical Assistance Center for Quality
Management (VRTAC-QM)
o Vocational Rehabilitation Technical Assistance Center for Quality
Employment (VRTAC-QE)
• Training programs
o Rehabilitation Training: Long-Term
o Rehabilitation Training: Short-Term
o Training of Interpreters for Individuals Who Are Deaf or Hard of
Hearing and Individuals Who are Deaf-Blind
o Innovative Rehabilitation Training
o National Clearinghouse of Rehabilitation Training Materials (NCRTM)
o Braille Training
o Parent Information and Training
• Demonstration programs
o Career Pathways for Individuals with Disabilities Model
Demonstrations
o Disability Innovation Fund: Transition Work-Based Learning Model
Demonstrations
o Disability Innovation Fund: Career Advancement Initiative Model
Demonstration Project
o Disability Innovation Fund: Automated Personalization Computing
Project (APCP)
• Underserved Populations
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o Traditionally Underserved Populations Program
State Vocational Rehabilitation programs
The State Vocational Rehabilitation (VR) Services Program is authorized by the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended by Title IV of the
Workforce Innovation and Opportunity Act (WIOA).
RSA provides funding and oversight to enable states to operate their VR
programs. In the United States, there are:
• 78 separate vocational rehabilitation agencies
• 22 general VR agencies
• 22 Blind VR agencies
• 34 combined VR agencies
As discussed, the VR programs may be housed within different state agencies
depending on how the state government is structured. In some states, VR is a
stand-alone agency.
At a state level, VR is frequently housed within:
• State Department of Education
• State Department of Labor
• Department of Human Services
Oregon Department of Human Services (ODHS)
The Oregon Department of Human Services (ODHS) is Oregon’s principal
agency for helping Oregonians achieve well-being and independence through
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opportunities that protect, empower, respect choice, and preserve dignity,
especially for those who are least able to help themselves.
ODHS is comprised of six program areas:
• Aging and People with Disabilities
• Intellectual/Developmental Disabilities
• Child Welfare
• Self-Sufficiency Programs
• Vocational Rehabilitation
• Agency Administration
Oregon Vocational Rehabilitation (VR)
Oregon Vocational Rehabilitation is a program in the Oregon Department of
Human Services (ODHS) agency.
Oregon VR is comprised of a central office responsible for overseeing the
administration of the program and three regions that provide oversight of 44
individual branch offices.
Oregon VR Administration
• Director
• Deputy Director
• Business Operations
• Policy, Compliance and Quality Assurance
• Training
• Workforce
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• Youth
• Deputy Director of Direct Services
• Regional Managers
• Branch Managers
Statewide Rehabilitation Council
The Statewide Rehabilitation Council is a federally required stakeholder
organization.
The Oregon State Rehabilitation Council (SRC) is a group of 15 to 25
consumers, advocates, and business and community representatives. They are
appointed by Oregon's Governor to advise Vocational Rehabilitation (VR) in
developing, implementing, and reviewing rehabilitation service delivery for
Oregonians with disabilities.
VR works closely with this group to plan and collaborate on policy and
procedures that affect the individuals that VR serves.
Additionally, the SRC provides input and assistance with developing the VR
program’s yearly state plan and with the Comprehensive Statewide Needs
Assessment.
Statewide Independent Living Council (SILC)
The Statewide Independent Living Council (SILC) is a Governor-appointed
council with as many as 21 members. SILC is closely aligned with Vocational
Rehabilitation. The council’s role is to evaluate what works and doesn't work
within the State Independent Living Program, and then to pull together partners
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to adjust the program so its services are effective in meeting the needs of
Oregonians who may use independent living services.
Where does VR policy and guidance come from:
Note and a word of caution and advice: Rarely is a rule clear-cut. Taking a
single rule out of context can be hazardous to your professional livelihood.
Normally you need to apply different sections of a rule, or even multiple rules, to
reach a clear decision on what to do.
Rules, especially federal rules, are usually written to allow the greatest degree of
flexibility. The result is that the branch managers and staff working directly with
and plan with individuals with disabilities may find the rules to be “gray” and
require interpretation.
Creating a rule that is very prescriptive in nature severely limits the way it can be
used and often creates unintended consequences or even disadvantages for the
people it was intended to help. For that reason, rules are usually written to allow
interpretation at the lowest level possible while still providing a legal framework
for the system to operate.
Interpreting regulations:
Interpreting is the art or process of determining the intended meaning of a written
document, such as a statute, an act, or an administrative rule.
A large part of the policy team’s work is spent interpreting federal and state rules
and regulations. This may require drawing together numerous sources of
information and learning to put each individual piece into a larger picture to
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provide context. Interpretation must consider the text or language of the
regulations, the broader concepts that must be applied to services, and the intent
of regulations.
For every question staff pose, there is often not a single specific answer to the
question that would apply in every circumstance.
Almost all policy responses are specific to the circumstances of the individual
case. This is evidenced by the many technical assistance documents that the
Rehabilitation Services Administration has produced over the years.
The policy team is frequently asked to provide the specific location and citation to
support a policy decision, or “Show me the rule.” Sometimes this is challenging
because the answer may be the result of integrating different regulations, public
comment, and federal response to proposed regulations, sub-regulatory
interpretation and consultation with subject matter or legal experts.
Staff are further frustrated when the answers change with the philosophical shifts
that occur over time.
Hierarchy of rules, regulations and policy affecting Vocational
Rehabilitation:
Code of Federal Regulations
Up
dated annually, the Code of Federal Regulations (CFRs) are 50 volumes of
permanent rules made by the executive departments and agencies of the federal
government.
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For VR, the Office of Special Education and Rehabilitative Services (OSERS) is
responsible for updating and managing CFR governance for the State Vocational
Rehabilitation Programs.
34 CFR 361 covers state Vocational Rehabilitation programs. 34 CFR 361 is
subdivided into six subparts:
A: General 361.1–361.5
B: State Plan and Requirements for VR Services 361.10–361.57
C: Financing of State VR Programs 361.60–361.65
D: Unified/Combined State Plans Under Title I of WIOA 361.100–361.145
E: Performance and Accountability Under Title I of WIOA 361.150–361.240
F: One-Stop Delivery System under Title I of WIOA 361.300–361.900
F
ederal notifications
Fe
deral regulations change or are added. In most cases, the public is invited to
comment on and ask questions about them.
Notices are found in the Federal Register.
After the federal regulations call for public comment on regulatory changes or
interpretations, the regulatory agency responds to these comments.
Federal agency responses can explain the intent of the changes or
interpretations of the final rules. Some examples from the Final Joint Rules for
the Workforce Innovation and Opportunity Act are:
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• State Vocational Rehabilitation Services Program: State Supported
Employment Services Program; Limitations on Use of Subminimum Wage;
Final Rule (regulations that impact Vocational Rehabilitation)
• Workforce Innovation and Opportunity Act; Joint Rule for Unified and
Combined State Plans, Performance Accountability, and the One-Stop
System Joint Provisions; Final Rule (discusses the unified and combined
state plans and performance accountability that apply to all public
employment programs under this act)
S
ub-regulatory guidance
S
ub-regulatory guidance is what regulatory agencies often use to announce
policy, establish agency procedures, or provide an interpretive gloss on what
may be ambiguous statutory or regulatory provisions.
Examples of sub-regulatory guidance that VR may encounter include:
• Notices in the Federal Register
• RSA Technical Assistance Guides (TAGs)
• RSA Frequently Asked Questions (FAQs)
A good example of this is the May 2020 FAQ
. RSA stated here there was no
federal requirement to have an applicant’s signature for an application to have
been submitted.
While this guidance does not appear in a rule or regulation, this FAQ serves as
s
ub-regulatory guidance that provides a federal agency’s intent or interpretation
without having to amend or rewrite rule.
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Sub-regulatory guidance may be published at any time and without much notice
or fanfare.
Executive orders
Executive orders are directives issued by the state governor and have the same
authority as law. Like sub-regulatory guidance, there is no specific schedule on
when an executive order may be issued. They are generally published as needed
by the Governor as required to address narrow and specific purposes.
A good example for VR to be aware of is Executive Order 13-04 that specifies
actions, requirements, and targets for increasing employment of individuals with
intellectual and developmental disabilities, to be implemented by the Oregon
Office of Developmental Disability Services, Office of Vocational Rehabilitation
Services, and Oregon Department of Education
Additionally, Ex
ecutive Order 15-01 revised and superseded Executive Order 13-
04 to provide further policy guidance around supported employment services to
persons with intellectual and developmental disabilities and a substantial
reduction in employment in sheltered workshops.
State statutes
St
ate statutes are the written laws passed by a legislative body for governance of
the state. Oregon uses the Oregon Revised Statutes (ORS). The ORS is revised
and published every two years following legislative sessions. There is not a
specific ORS that applies directly to the state VR Program. However, there are
several that a VR counselor may be interested in: ORS 409, 411 and 344 come
to mind.
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• ORS 409 addresses the Oregon Department of Human Services
• ORS 411 addresses Public and Medical Assistance Programs
• ORS 344 addresses Education Related to Employment
Oregon Administrative Rules (OAR)
Oregon Administrative Rules
are the regulatory guidance created by state
agencies for the administration of their programs. These rules carry the force of
law and are filed with the Oregon Secretary of State’s Office.
These rules may be updated annual
ly. Any temporary or emergency rule updates
are published monthly as an “Oregon Bulletin.”
OAR 582 serves as the administrative rule foundation for Oregon VR. There are
currently 17 divisions that make up VR administrative rule.
Division 1 – Definitions
Division 10 - State standards for providers of community rehabilitation services
Division 20 - Dispute resolution and review of determinations of rehabilitation
services
Division 30 - Confidentiality of client information and release of information
Division 50 - Referral, application, and eligibility for vocational rehabilitation
services
Division 60 - Termination of vocational rehabilitation services
Division 70 - Standards for provision of services and rates of payment
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Division 72 - Supported services
Division 75 - Rates of payment — medical Division 80 - Vendor selection policies
Division 85 - Standards for independent living service providers Division 90 -
Certification of disability
Division 100 - Order of selection for vocational rehabilitation services
Division 115 - Services to persons with disabilities of receiving subminimum
wage.
Division 120 - Self-employment
Division 150 - Transition services/coordination for students and youth with
disabilities
Division 190 - Employer services and training
Worker guides and manuals
Worker guides and manuals are frequently published to provide an easier to read
reference that offers clarification and understanding for field staff.
These documents are frequently published as attachments to more complicated
policies and serve as the agencies’ interpretation of how to perform a task or
function without the legalese or more formal language often required in a policy
or regulation.
In some instances, manuals such as the “Business Procedure Manual” may
serve as the guiding directive for agency operations. In those instances, the
manual may carry the same legal authority as a more formal policy or rule.
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Caution should always be used when referring to a manual or worker guide
because they may be superseded by a newer transmittal, policy, or rule.
These documents may not always be updated as frequently as the agencies’
policies and OARs. When there is a conflict between guidance provided by a
manual and by a transmittal, the more recent document should take precedence.
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VR Acronyms List:
ADA Americans with Disabilities Act
AFP Authorization for Purchase
ASL American Sign Language
AT Assistive Technology
C&G Counseling and Guidance
CA Credential Attainment
CAP Client Assistance Program
CE Customized Employment
CFR Code of Federal Regulations
CHC Criminal History Check
CIE Competitive Integrated Employment
CIL Center for Independent Living
CMS Case Management System
CPM Common Performance Measures
CRCC Commission on Rehabilitation Counselor Certification
CRC Certified Rehabilitation Counselor
CRP Community Rehabilitation Program
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CT Customized Training
CWIC Community Work Incentives Coordinator
DD Disability Determination
DDS Disability Determination Services
EF Employment First
EIE Earned Income Exclusion
EN Employment Network
EO Executive Order
ES Employment Services
ES Extended Services
ESL English as a Second Language
FAFSA Free Application for Federal Student Aid
FFY Federal Fiscal Year
FLSA Fair Labor Standards Act
FPL Federal Poverty Level
IDD Intellectual and Developmental Disability
IDEA Individuals with Disabilities Education Act
ID Intellectual Disability
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IEP Individualized Education Program
IHO Impartial Hearing Officer
IL Independent Living
IM Information Memorandum
IPE Individualized Plan for Employment
IPS Individualized Placement and Support
IRWE Impairment-Related Work Expenses
IWD Individuals with Disabilities
JAN Job Accommodation Network
JD Job Development
LEA Local Education Agency
LMI Labor Market Information
MH Mental Health
MI Mental Illness
MSD Most Significant Disability
MSG Measurable Skill Gains
NOPA Notice of Proposed Action
OAR Oregon Administrative Rule
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OJT On-the-Job Training
OOS Order of Selection
ORCA Oregon Rehabilitation Case Automation
PASS Plan to Achieve Self-Support
PD Policy Directive
PES Post-Employment Services
PII Personally Identifiable Information
Pre-ETS Pre-Employment Transition Services
PTE Pass-Through Entity
PTS Post-Traumatic Stress
PTSD Post-Traumatic Stress Disorder
QA Quality Assurance
RA Registered Apprenticeship
ROI Release of Information
RSA Rehabilitation Services Administration
RT Rehabilitation Technology
SBA Small Business Administration
SD Significant Disability
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SE Self-Employment
SE Supported Employment
SGA Substantial Gainful Activity
SILC Statewide Independent Living Council
SLD Specific Learning Disability
SMW Subminimum Wage
SNAP Supplemental Nutrition Assistance Program
SRC State Rehabilitation Council
SSA Social Security Administration
SSDI Social Security Disability Insurance
SSI Supplemental Security Income
SSN Social Security Number
STEM Science, Technology, Engineering, and Mathematics
SWD Student with a Disability
SWOT Strengths, Weaknesses, Opportunities and Threats Analysis
TAC Technical Assistance Circular
TANF Temporary Assistance to Needy Families
TA Technical Assistance
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TAY Transition-Age Youth
TBI Traumatic Brain Injury
TTW Ticket to Work
TVR Tribal Vocational Rehabilitation
TWE Trial Work Experience
TWP Trial Work Period
UI Unemployment Insurance
UWA Unsuccessful Work Attempt
VA U.S. Department of Veterans Affairs
VR Vocational Rehabilitation
WHD Wage and Hour Division
WIOA Workforce Innovation and Opportunity Act
WIPA Work Incentives Planning and Assistance
WOTC Work Opportunity Tax Credit
