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Orientation & Mobility Services 2024Doc ID: 7289
DBVI Orientation and Mobility Guidance Document 2024
Department for the Blind and Vision Impaired
Orientation & Mobility Guidance Document
2024
Table of Contents
Orientation and Mobility Services
Courtesy Orientation Services
Interpreter Services
O&M Initial Assessment
Low Vision (LV)
Service Notes
1DBVI Orientation and Mobility Guidance Document 2024 Orientation & Mobility Services The Orientation and Mobility (O&M) program establishes and implements standards for the prompt and equitable processing of referrals of individuals who could benefit from O&M services. The standards include timelines for making good faith efforts to inform these individuals of the information that needs to be gathered to determine eligibility for services.
O&M Specialists serve all eligible individuals within their assigned territory. Individuals who need O&M) service are prioritized as follows:
A.
Employment bound in Service status on a Vocational Rehabilitation (VR) caseload. This includes transition age consumers who are open to VR but not in an employment status.
B.
Non-vocational - Consumer is in Service status on a Rehabilitation Teaching /Independent Living (RT/IL) caseload.
Courtesy Orientation Services
A.
Definition An individual is provided Courtesy Orientation services, whenever they meet the following four criteria:
The individual is not currently open to DBVI; and
The total time needed for the Courtesy Orientation will not require more than eight hours. The orientation should be completed within a one-month period (if individuals need orientation to the public transportation system, the time requirement is extended to no more than 16 hours within a two-month period).
The individual has already been trained in O&M methods and techniques by a qualified O&M specialist.
The Courtesy Orientation referral must be approved by and come through the Regional Manager (RM) to the Intake Worker.
Courtesy Orientation is for short term orientation only; it is not to be used as a substitute for an orientation and mobility program or as a refresher course.
The consumer does not need to complete any DBVI paperwork to receive Courtesy Orientation; i.e., they do not need to sign an application, secure an eye report, or provide any of the other documents that are normally required .
If the individual has never been served by DBVI and if during the course of providing courtesy orientation, the specialist and individual feel that a more extensive program is needed, the individual must be closed to Courtesy Orientation referred to the appropriate Vocational Rehabilitation counselor or Rehabilitation Teacher so that the individual can be referred to the mobility specialist and receive a full O&M program.
B.
ORIENTATION AND MOBILITY COURTSEY CONTACT 2 DBVI Orientation and Mobility Guidance Document 2024 An O&M Courtesy Contact is a simple request for a very specific O&M related service or consultation and is not opening a case for services. Examples of a Courtesy Contact by O&M can include:
- Providing information about O&M to an individual who is undecided whether or not to pursue O&M training;
- Providing cane information to an individual,
- Providing information on guide dogs, guide dog schools, or related topics, to an individual;
- Marking an individual’s steps with contrasting/reflective tape.
O&M Courtesy Contact applies only to an individual who is known to DBVI and is currently closed to O&M or has never been referred to O&M:
- The individual may or may not be open to RT or VR at the time of the Courtesy Contact request;
- Can come directly from the individual to O&M or from the RT or VRC to O&M;
- Does not require have an open case with RT or VR;
- Does not require the individual to complete any DBVI paperwork to receive the service;
- The individual is requesting O&M for something very specific related to mobility;
- The O&M services will be of very short duration, and usually involves speaking to or seeing the individual once.
A Courtesy Contact by O&M is not an O&M Courtesy Orientation Service as defined in the previous section of this Manual, nor is it a substitute for an orientation and mobility program or a refresher course. If, during the provision of this Courtesy Contact service, it is determined that actual O&M evaluation/training is necessary and appropriate, the regular policy will be followed by asking the RT or VRC to open and refer the individual for direct O&M services.
Interpreter Services Interpreters will be provided to individuals receiving O&M Services. When an individual is already being served through the VR or RT/IL program, the cost of the interpreter will be covered through the appropriate program. The O&M specialist is responsible for securing the services of an interpreter. Some offices have a list of interpreters that they contact directly. If interpreters are not readily available, contact the Department for the Deaf and Hard of Hearing (VDDHH) - VDDHH Website. 3 DBVI Orientation and Mobility Guidance Document 2024 O&M Initial Assessment Individuals receiving O&M services must participate in an O&M Initial Assessment that evaluates their visual functioning, sensory functioning, motor skills, travel skills and perceived needs as appropriate. This assessment is not required for Courtesy Orientation individuals.
A.
Components of the Initial O&M Assessment Following is a list of items that could be in an O&M assessment as appropriate for the individual’s situation and age.
VISUAL ABILITY – examples: diagnosis of visual impairment; acuity; color identification; contrast sensitivity; depth perception; field of vision; functional travel vision; visual functioning at distance, intermediate and near point; glare; identification of shapes; illumination preferred; light perception; object identification; object perception; optical aids used; reading medium(s) preferred; scanning; tracking; use of vision.
AUDITORY ABILITIES – examples: attention to and identification of environmental sounds, localization, tracking sound, echolocation, object perception,
TACTILE ABILITIES – examples: neuropathy, identifies tactile landmarks, discriminate between/among textures, discriminate between/among surfaces.
SPATIAL ABILITIES – examples: balance; body image; coordination; directionality; gait-posture; laterality; physical concepts; spatial relationships
TRAVEL SKILLS – examples: confidence/quality of movement; following directions; formal O&M techniques; indoor travel skills; organization of environment; outdoor travel skills; safety; and street crossing.
B.
Report of Functional Vision Assessment
See the Low Vision Manual for full details
Low Vision (LV) Individuals receiving O&M services may receive O&M related Low Vision services for O&M consumers.
It is especially important for O&M specialists to evaluate an individual’s functional vision as well as his/her need for sun wear.
Subsequent to low vision examinations, O&M specialists are expected to provide follow up training with LV aids that are appropriate for orientation and mobility. O&M specialists may provide instruction with all low vision aids. 4 DBVI Orientation and Mobility Guidance Document 2024 Service Notes After an individual has been assessed, the O&M specialist must write a service note that includes:
Date(s) of Assessment:
Summary of Assessment and the results highlighting a consumer's strengths and needs. a.
Visual Ability b.
Auditory Abilities c.
Tactile Abilities d.
Spatial Abilities e.
Travel Skills
Outline of the planned O&M Program based on the results of the assessment/evaluation.
Additional Comments: During delivery of services which are identified in the O&M plan, the O&M specialist must identify, in a service note, the services provided, skills being taught, successful acquisition of new skills, and difficulties encountered which may require additional work or consideration of alternate approaches.
When training has been completed, the O&M specialist will develop an O&M Closure Service Note that must include:
Date of Closure
Concerns, if any, that remain at the end of training
Demonstrated level of independent travel
Recommendations for future training
Reason for closure
Statement that the participant is aware of the closure, knows why they are being closed and knows that they can contact the agency again if needed
Additional comments 5
Rehabilitation Technology Services for Vision ImpairmentDoc ID: 7290
DBVI Rehabilitation Technology Guidance Document 2024
Department for the Blind and Vision Impaired
Rehabilitation Technology Guidance Document
2024
1DBVI Rehabilitation Technology Guidance Document 2024
Rehabilitation Technology Services
The Department for the Blind and Vision Impaired (DBVI) Rehabilitation Technology Services are designed to optimize employment and independent living outcomes of individuals with vision impairments, including individuals who also have other disabilities; to provide technical support to DBVI and Virginia Rehabilitation Center for the Blind and Vision Impaired (DBVI) staff; and to provide rehabilitation technology services to current or prospective employers of persons with vision impairments and those with multiple disabilities.
Rehabilitation Technology Services seeks to increase public awareness of the availability of assistive technology and its proper implementation to enhance the employability of persons with vision or multiple impairments.
Rehabilitation Technology Services creates individualized solutions by employing the most currently available and most appropriate assistive technology, professional techniques and practices.
Rehabilitation Technology Services works cooperatively with other DBVI services and team members to empower those persons with vision and multiple impairments to achieve their greatest possible level of independence.
Rehabilitation Technology Services comprise the following areas of responsibility.
- Technical Support Members of the Rehabilitation Technology Services staff provide technical support to customers, DBVI field staff, VRCBVI staff, college and university professionals, and current and prospective employers of individuals with vision impairments and persons with multiple impairments. Responsibilities in this regard include conducting extensive customer evaluations, developing conceptual solutions, and translating these solutions into effective workstation design or restructuring. Support includes installation of the assistive technology; follow-up with the customer, vocational rehabilitation counselor and employer as needed; and repair or replacement of malfunctioning assistive technology equipment.
- Consultation Rehabilitation Technology Specialists are available for on-site consultation with current and prospective employers of individuals with vision impairments and persons with multiple disabilities as a technical resource where questions exist with regard to the modification of equipment on the work site. The Rehabilitation Technology Specialists conduct proper selection, installation and use of assistive technology.
- Coordination of Services and Technology The Rehabilitation Technology Services staff provides training to agency staff in the effective use of the assistive technology as needed. The Rehabilitation Technology
2DBVI Rehabilitation Technology Guidance Document 2024 Services staff researches new assistive devices and technology to remain current on the latest techniques and trends. Rehabilitation Technology Specialists also develop, build, test and implement custom assistive technology solutions where off-the-shelf technology does not exist or is less appropriate.
DBVI Rehabilitation Services work to provide technical resources to various committees and groups as assigned; ensuring that these groups are fully aware of the latest implementation techniques and technology. Members of the Rehabilitation Technology Services staff assist in the development of public information programs designed to acquaint the general public with the abilities of those workers with vision impairments and those with multiple impairments.
Prioritization of Referrals for Rehabilitation Technology Services The following are the prioritization criteria for use by Rehabilitation Technology Services staff.
- Individuals receiving Vocational Rehabilitation Services
- DBVI Personnel Referrals
- DBVI Operational Team Consultation
- Individuals receiving services through other DBVI programs
- Outside Consultations
- Special Events
The Referral Process for Open Non-VR Cases and for Closed Cases
- The rehabilitation technology specialists’ primary responsibility is to service individuals with an open VR case. Secondary to that may be attention to individuals who have an open RT case on a very limited case by case basis, and only as time permits. Generally, the rehabilitation technology specialists in the regional offices should not spend more than approximately 5% of their time over a one-year time period.
- When the rehabilitation technology specialist determines that the time necessary for a non-VR case will exceed the amount of time available to give, the specialist provide the case manager with other resources. 3 DBVI Rehabilitation Technology Guidance Document 2024
- The contact and referral procedure between the RT case manager and the rehabilitation technology specialist will follow the same guidelines as those for VR Referrals.
- The rehabilitation technology services staff has no responsibility concerning services to individuals who cases have been closed. When possible, a rehabilitation technician may be available to assist individuals over the phone.
- On a case-by-case basis, the rehabilitation technology specialists and the IT support specialist may assist an individual who has a closed case with DBVI if: a. It is an assistive technology issue; b. The individual’s employment is in jeopardy; c. The staff person has the time; d. The assistance is not a long-term, time-consuming repair; and, e. The system is delivered to HQ or the regional office and picked up from there
Guidelines for Equipment Recommendations and Customer Informed Choice
- If a client requests a certain brand or model of computer or other device, the rehabilitation technology specialist must investigate the request to determine if there is a specific reason for the request. a. Does this device better meet the needs of the client? b. Does this device have a feature no other one has that the client must utilize? c. Is this device necessary to complete a particular task? d. Is the device (computer) recommended and supported by the college or university which the client will attend?
- If the answer is yes to any of the above questions, then there is justification for purchase.
- If none of the above answers are yes, and that the individual simply wants a certain brand of computer because of its name, or it has extended features that are not necessary, the rehabilitation technology specialist does not have to purchase what the individual has requested. If the rehabilitation technology specialist prefers a specific brand or model of a computer or device based on its reliability, compatibility, tech support history, warranty, and cost effectiveness, then the rehabilitation technology specialist may stand behind that recommendation.
- It is not necessary for the rehabilitation technology specialist to recommend multiple brands and models of computers. Individuals may make an informed choice about whether to go with the recommended equipment or purchase another model instead.
DBVI Technology Tutor Network 4 DBVI Rehabilitation Technology Guidance Document 2024 Purpose of Technology Tutor Network
Tutorial training may be provided to assist the customer in achieving a vocational goal. This training may be necessary when the customer needs individual instruction in order to develop a specific skill. Tutorial training is usually limited to the development of computer or assistive technology skills needed to achieve educational or vocational goals.
Technology Training Guidelines DBVI has established minimum requirements for technology service providers with whom the agency contracts to provide technology training to consumers.
Only tutors who have been approved through the DBVI Technology Tutor Network (TTN) and are on the DARS approved vendor list will be used to teach individuals how to use assistive technology and application software.
DBVI may contract with tutors approved by TTN for community-based technology training on the following types of assistive technology and mainstream technology: a. Large print access systems b. Speech access systems c. Braille access systems d. Braille communication devices e. Scanners f. Mobile technology g. Deaf Blind technology h. Mainstream operating systems and applications as they interface with assistive technology Application and Approval: Individuals seeking to provide on-site technology training may apply to the DBVI Rehabilitation Technology Services Program Director and include: a. a description of the adaptive devices or software products on which the applicant is seeking approval b. a description of the operating and application programs the applicant can teach c. three letters of recommendation describing the applicant's ability to teach and/or expertise in the subject areas A proficiency interview is required with a representative of the TTN to determine the applicant's technical expertise. References will be required regarding the applicant's teaching experience and skills.
Retaining Approved Status: Approved status for technology tutors is limited to the specific devices or systems on which the 5 DBVI Rehabilitation Technology Guidance Document 2024 tutor has qualified. DBVI retains the right to terminate the services of a tutor if the tutor is unable to meet the expectations outlined in these guidelines.
Confidentiality: The technology tutors must provide assurances that student information will be used only for the purposes of fulfilling the responsibilities of on-site training and that student information will not be released to any other individual, agency, or organization.
Tutor Qualifications
- Tutors must have the following qualifications: a. the ability to train individuals in the use of computers or other communication devices, access programs, and application software; b. experience interfacing assistive technologies with computers and application software; c. the ability to work effectively with people who are vision impaired; d. the ability to communicate effectively orally, in writing, and via American Sign Language, where applicable; e. have participated in proficiency interview with a representative of the TTN, including questions on those assistive technology devices, operating systems, and application programs listed in the tutor's application; and, f. the ability to configure the assistive technology, interfaced with application software, to a level consistent with the performance requirements of the student. 6
Low Vision Services and Support GuidelinesDoc ID: 7287
DBVI Low Vision Guidance Document 2024
Department for the Blind and Vision Impaired
Low Vision Manual
Table of Contents
Chapter 1 Low Vision Services Page 2
Chapter 2 Case Management Page 4
Chapter 3 Low Vision Sequence and Procedure Page 5
Chapter 4 Bioptic Policy Page 6
Chapter 5 Education Services / TVI Page 8
1DBVI Low Vision Guidance Document 2024 Chapter 1 LOW VISION SERVICES The Department for the Blind and Vision Impaired (DBVI) Low Vision Services provides eligible individuals with services and supports to maximize their visual abilities through a community based full-service vision rehabilitation process. Case Managers including Vocational Rehabilitation Counselors (VRCs), Rehabilitation Teachers (RTs), and Education Coordinators coordinate the delivery of low vision services that include counseling for the individual and their family, a functional vision assessment, a clinical low vision exam, training in the use of optical and non-optical low vision aids, and recommendations for environmental modifications if necessary. Low Vision services also provides on-site school, home, and job consultations to assist the individual to use his/her remaining vision.
Assisting the VRCs, RTs and Education Coordinators are Certified Low Vision Therapists who are Low Vision Consultants (Consultants) who provide training support to DBVI staff about low vision services that includes but is not limited to functional vision assessments, use of low vision aids, and answering low vision questions. The Consultants are responsible for training new low vision doctors to contract with DBVI.
The Program Director for Low Vision is responsible for recruiting low vision examiners, arranging the signing of contracts with low vision examiners, and maintaining a current list of contracted low vision examiners.
DBVI will provide sufficient interpreter services to individuals who use American Sign Language or are non-English speaking when requested. The cost of interpreters will be covered by the agency.
DBVI and the Division of Motor Vehicles Relationship According to the Code of Virginia, §46.2-221, every state agency having knowledge of the blind or visually handicapped, maintaining any register of the blind, or administering either tax deductions or exemptions for or aid to the blind or visually handicapped shall report in January of each year to the Department of Motor Vehicles the names of all persons so known, registered or benefiting from such deductions or exemptions, for aid to the blind or visually handicapped. This information shall be used by the Department only for the purpose of determining qualifications of these persons for licensure under Chapter 3 (§ 46.2-300 et seq.). If any such state agency has knowledge that any person so reported continues to operate a motor vehicle, such agency may provide this information to appropriate law-enforcement agencies as otherwise permitted by law.
The Department of Motor Vehicles shall report to the DBVI and the Department for Aging and Rehabilitative Services at least annually the name and address of every person who has been refused a driver's license solely or partly because of failure to pass the Department of Motor Vehicle’s visual examination. 2 DBVI Low Vision Guidance Document 2024 If any employee of the DBVI makes a report to the Department of Motor Vehicles or provides information to an appropriate law-enforcement agency as required or permitted by this section concerning any client of the agency, it shall not be deemed to have been made in violation of the client-agency relationship.
DBVI and Department for Aging and Rehabilitative Services (DARS) Relationship Individuals receiving services by DARS may access low vision services from DBVI including functional assessments, low vision exams, and training. The case manager in this instance is the DARS staff member serving the individual. DBVI will furnish the DARS case manager with the required paperwork and instruct them in how to access Low Vision Services. The DARS case manager must authorize payment for the low vision exam. DBVI staff will provide resources to DARS staff to facilitate the purchase of low vision aids for individuals receiving services from DARS.
Payment for Low Vision Exams and Aids The allowable fee for a low vision exam is $300 and $125 for a follow up exam. Exams will be sponsored by the agency without regard to participation in the cost of services by the individual for as long as funds are available. However, if comparable benefits are available, case managers shall utilize those sources as the first payment source for low vision exams.
If an individual does not participate in the cost of services, DBVI will sponsor the cost of prescribed low vision aids as well as the exam.
If an individual participates in the cost of services, the individual will be responsible for purchasing his/her own low vision aids.
Payment for low vision aids will be determined based on the policies of DBVI programs and services.
Low Vision Examiners The program director of Low Vision will be responsible for recruiting new Low Vision Examiners and will maintain a list of Low Vision Examiners who have current contracts with the agency. The list is available upon request. 3 DBVI Low Vision Guidance Document 2024 Chapter 2 CASE MANAGEMENT Eligible individuals receiving a low vision exam has a case-manager identified as the VR Counselor, Rehabilitation Teacher, or Education Coordinator who is making the referral for the individual to have a low vision exam. Whenever an individual is receiving services from more than one program, each program representative will have input into the individual’s functional vision report and follow up.
Components of a Low Vision Exam The Low Vision Exam consists of:
- A check of the individual's visual acuity distance and near.
- A check of functional visual fields by confrontation.
- A check of the individual's current prescription.
- A routine refraction without medication.
- A trial of appropriate lenses and aids to improve near vision with orientation.
- A trial of appropriate aids to improve distance vision with orientation.
- Prescription of aids.
- A discussion between the low vision examiner and case manager to determine whether the aid is to be prescribed or to be on loan before final prescription is made.
- A review of exam results with the individual, family, and case manager, including arrangements for training after the exam.
- A post-exam discussion between case manager, individual, and examiner after conclusion of the exam. 4 DBVI Low Vision Guidance Document 2024 Chapter 3 ELIGIBILITY FOR LOW VISION SERVICES Individuals may be eligible for low vision services if the individual meets the eligibility requirements of at least one of the following programs: education services, vocational rehabilitation, or rehabilitation teaching (22VAC-45-110-30).
An ophthalmological or optometric eye report shall be required before a low vision examination is scheduled and is used to document that an individual is eligible for low services. The required eye report shall be dated within one year from the date of the scheduled low vision examination (22VAC45-110-40). 5 DBVI Low Vision Guidance Document 2024 Chapter 4 BIOPTICS DBVI will provide training to individuals receiving or having bioptics to help will consist of familiarization to the device, learning how to locate an object, fixate, scan, and track stationary and moving objects regardless of the program under which the individual is being served.
Bioptic For Driving For individuals receiving services through the Vocational Rehabilitation program who want to pursue using the bioptic device for driving, the following steps and forms are required:
- Low vision exam in which Low Vision Examiner recommends bioptic, the examiner completes the DMV MED 40 and MED 41 forms, and sends the forms to the DMV. a. If the Low Vision Examiner feels that training is needed before they fill out the DMV MED 41 form, an O&M instructor will provide training on the devices as described in this section. b. After the Low Vision Examiner completes and sends the DMV MED 41 form to the DMV, proceed to step 2. c. If the Low Vision Examiner cannot fill out the MED 41 form after training provided by DBVI staff, no further support from DBVI is indicated.
- Once the DMV receives the MED 40 and MED 41 forms, the forms will be reviewed by medical review services to determine if the individual is eligible to be tested for driving. DMV has 30 days to do make the determination.
- Individuals determined eligible for testing must take and pass a knowledge exam and pre skills exam provided by the DMV. When these two exams are passed, the individual is given an instruction permit by the DMV.
- The final test to be taken by the student is a road skills exam conducted by the license examiner from the DMV. Individuals who pass the road skills exam are issued a driver’s license immediately following the exam (MED 44 form provides the requirements for bioptic driving). The individual is then responsible for maintaining their certification and license according to DMV requirements which includes having the MED 41 form completed annually by the Low Vision Examiner and further testing if the DMV determines it necessary.
- If the individual does not pass the road skills exam, the VR counselor may be able to provide further training through a Certified Rehabilitation Driving program with a Certified Driving Rehabilitation Specialist (CDRS) such as the one at Wilson Workforce and Rehabilitation Center. 6 DBVI Low Vision Guidance Document 2024 a. If an individual is not able to get a driver’s license after further training from a CDRS, the individual will have to pursue driving at their own expense with no further support or training from DBVI.
Throughout the individual’s training process, consultation between the case manager, Low Vision Consultant, and the Low Vision Examiner is expected. 7 DBVI Low Vision Guidance Document 2024 Chapter 5 EDUCATION SERVICES The Education Coordinator may purchase low vision exams, aids, and/or adaptive equipment for students when it is determined that these services are necessary to support the student’s Education Services (ES) plan goal. No comparable benefit search is required for this service however, if the Education Coordinator is aware of other sources of funding for these services (e.g., family’s insurance) those funds must be used first. DBVI Education Services is not responsible for the purchase of electronic adaptive aids (e.g., assistive technology) and will not purchase bioptics.
The Education Coordinator in each of the DBVI Regional Offices is responsible for processing requests for low vision exams and aids for students that are being served by Education Services. For student’s being served in a public school, the student’s Teacher for the Vision Impaired (TVI) is responsible for completing the Functional Vision Assessment (FVA), scheduling, and attending the low vision exam. If the student is not served by a TVI, the Education Coordinator will perform the FVA and schedule the low vision exam. If the student is not being served by a TVI or if the TVI is not available, then the Education Coordinator should try to attend the low vision exam with the student and their family.
The TVI attending the low vision exam is responsible for:
- Identifying the DBVI contracted Low Vision Examiner the student will be seeing and scheduling the appointment prior to submitting information to the Education Coordinator. Providing the request for a low vision exam to the Education Coordinator which includes the student’s name (first initial/last name), date and time of the exam, name of the Low Vision Examiner, address of appointment, the Comprehensive Eye Report conducted within the past 12 months, and the Functional Vision Assessment (FVA).
Once the Education Coordinator has received the low vision exam request, they will complete a Low Vision Exam Packet that will contain the following information and send it to the TVI:
- Authorization for payment
- DBVI Low Vision Exam Form
- DBVI Low Vision Aids Order Form At the completion of the low vision exam, the TVI must deliver, mail, or email the invoice for the exam, the DBVI Low Vision Exam Form, and the DBVI Low Vision Aids Order Form (if aids are recommended) to the Education Coordinator.
The DBVI Regional Office Administrative Assistant will then process the invoice and as per policy, order the recommended aids (or similar aids after consulting with the Low Vision Consultants). 8 DBVI Low Vision Guidance Document 2024 The low vision aids will be delivered or mailed to the TVI who will deliver aids to the student and provide training on the prescribed aids. The TVI will communicate with the Education Coordinator the preferred method of receiving the low vision aids. The low vision aids may also be picked up at the DBVI Regional Office by the TVI if that is preferable. Aids may be mailed directly to the student’s home if necessary.
For Teachers of the Vision Impaired: a.
Aids will be sent directly to the TVIs at the address on the Low Vision Aids Order Form (student’s home, school, Regional Office). b.
The original Low Vision Exam Form and Low Vision Aids Order Form will be filed in the student’s Education Services file at the Regional Office out of which the student is being served. c.
Aids that students will not use will be given or sent back to the relevant Education Coordinator’s office. 9
DBVI Education Services 2024 GuidanceDoc ID: 7286
DBVI Education Services Guidance Document 2024 Department for the Blind and Vision Impaired
Education Services Guidance Document Table of Contents Chapter 1: Education Services – Purpose and Overview Chapter 2: Referral and Application Chapter 3: Eligibility Determination
Chapter 4: Education Services - Plan Development and Services
Chapter 5: DBVI Programs and Services Chapter 6: Closure from Education Services
Chapter 7: Appeals
Chapter 8: Confidentiality, Documentation, and File Requirements
Chapter 9: Virginia Teaching Licenses Note: The term “child” or “children” will be used throughout this manual to refer to those served directly by Education Services, with the understanding that “Child” may mean an infant or toddler, a student, or a young adult who has reached the age of majority. Additionally, for the purposes of this manual, the term “parent(s)” means the individual(s) who have legal responsibility for the child. As such, references to parent may include a legal guardian, another family member, or any individual(s) authorized to legally represent the child’s interests, as appropriate to the child’s situation. 1 DBVI Education Services Chapter 1: Overview of Education Services Guidance Document 2024 Chapter 1: Overview of Education Services The DBVI Education Services program assists infants, children, and students who are blind, vision impaired, and deafblind in reaching developmental milestones, navigating the education system and achieving educational goals, and maximizing opportunities to live productive lives. Beginning at birth and through high school, DBVI’s Educational Services program provides an array of services and resources to assist children and students in achieving these goals.
The Education Coordinators in each region provide services to infants, children and students and training; coaching; consultation; and technical assistance to families, Early Intervention staff, Teachers of the Blind and Visually Impaired, Orientation and Mobility Specialists, and other school and associated service professionals. Services and resources can include, but are not limited to:
- Assessment of infants, home schooled students, and private school students
- Collaboration with Early Intervention staff
- Support in achievement of developmental milestones
- Consultation on educational programming
- Provision of adaptive materials and equipment as appropriate
- Support for Low Vision exams and prescribed Low Vision aids
- Informing students on Pre-ETS/Transition and Vocational activities and programs and assisting them in accessing those services
- Supplying information on community activities and resources
- Promoting DBVI sponsored events including virtual activities, regional activities and events, and Super Summer Camp 2 DBVI Education Services Chapter 2: Referral and Application Guidance Document 2024 Chapter 2: Referral and Application
DBVI Education Services (ES) establishes and implements standards for the prompt and equitable handling of referrals of children for education services. The standards include timelines for making good faith efforts to inform these individuals of application requirements such that necessary information and documentation is gathered to determine eligibility for services.
Services Provided in Referral Status
Services provided to the child and parents in referral status are limited to those services necessary to facilitate the referral for Education Services. Services could include:
- Providing information and responding to questions regarding Education Services and other DBVI programs and services;
- Providing information regarding resources that may be available to the child or parents, including local and national consumer organizations and potential sources of acquiring an eye examination;
- Providing information specific to vision loss/impairment, including resources for students who are deafblind;
- Providing information regarding potential resources or options for children, students, and families for whom English is not their primary language.
Referrals for Education Services generally come throughTeachers of the Blind and Visually Impaired (TVI) and Early Intervention Specialists. However, DBVI accepts referrals for children and students seeking Education Services from the child or student themselves, family, friends, other school divisions staff, the Virginia School for the Deaf and Blind, eye doctors, physicians, advocates, service providers, and other stakeholders. Referrals may also come through the Juvenile Justice System, foster care, residential programs, and for home-schooled or home-bound students.
A current eye report (dated within one year of referral) is required along with submission of the Education Services Referral form to make a referral. An eye report must contain the following information.
- Acuity (near and distance) with/without correction;
- Primary/Secondary Impairment;
- Diagnosis;
- Prognosis;
- Peripheral visual field (when needed); and;
- Recommendations. 3 DBVI Education Services Chapter 2: Referral and Application Guidance Document 2024 The following criteria will be used by the agency to determine whether the eye examination report effectively documents the vision loss:
- Visual acuity having not better than 20/200 central visual acuity in the better eye measured at 20 feet with correcting lenses (legally blind);
- Visual acuity better than 20/200 but with the widest diameter of the visual field in the better eye subtending an angle of no greater than 20 degrees measured (at a distance of 33 centimeters using a three-millimeter white test object, a Goldman III-4e target, or other equivalent equipment) (legally blind);
- Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the child needs the specialized services available through DBVI;
- A field limitation to 30 degrees or less in the better eye combined with the inability of the person to adjust satisfactorily to the loss of vision and the need on the part of the child for specialized services available through the department (severely disabled);
- In rapidly progressive eye conditions, which, in the opinion of a qualified ophthalmologist, will reduce distance vision to 20/200 or less in the better eye with best correction; or
- For children whose vision is better than 20/70, substantial documentation is necessary to identify a functional vision impairment. Examples of additional evidence that could be considered include a school division eligibility committee report that determines the child to be "a child with a vision impairment”, documentation from an eye care specialist, Neurologist, or related practitioner, with an eye care specialist and/or a functional vision assessment.
Documentation substantiating the vision loss may be accepted in lieu of a formal eye examination report. Substantiating documentation could include:
- Documentation from a Pediatrician documenting vison loss;
- Documentation from a Neurologist documenting vision impairment (e.g., Cortical Vision Impairment – CVI; Traumatic Brain Injury - TBI);
- Documentation from any other medical practitioner credentialed in the area of vision impairment or loss.
Services Provided in Application Status Services provided for and/or arranged when a child is applying for Education Services are for the sole purpose of determining whether the child meets the criteria of eligibility for Education Services. Services, provided by an Education Coordinator, include:
Guidance and counseling;
Information and Referral;
Interpreter services for children who are Deafblind to ensure access to diagnostic/evaluative procedures, for the initial interview, and for any additional 4 DBVI Education Services Chapter 2: Referral and Application Guidance Document 2024 required communication necessary for the determination of eligibility;
Interpreter and/or translation services for children and parents for whom English is not their primary language to ensure access to diagnostic/evaluative procedures, for the initial interview, and for any additional required communication necessary for the determination of eligibility;
Any other services deemed necessary for purposes of determining eligibility for Education Services.
Initial Interview with the Child and Parent/Guardians In addition to the documentation received as part of the referral process, an initial interview is conducted. The purpose of the interview is:
- To provide information regarding DBVI Education Services to the child and parents, as well as information regarding other DBVI programs and services;
- To provide information regarding potential organizations (both national and local) and community resources to the child and parents;
- To observe and interact with the child;
- To collect any additional relevant information/documentation required for eligibility and planning purposes;
- Through the informed choice process, to review the DBVI General Application for Services and other DBVI forms, including any necessary release of information forms, and to inform the child and parents of their rights and responsibilities, including appeal rights;
- To obtain necessary signatures as required;
- To address any questions/concerns from the child and/or parents; and;
- To assess the educational needs of the child and parents, and to gather information necessary for eligibility determination and the initial development of an Education Services plan.
The initial visit/interview must be a face-to-face interview conducted by the Education Coordinator with the child and the parents.
Where the child is younger than 18 years old, the parent must sign all DBVI required forms. Children/young adults who are aged 18 or older must sign required forms themselves and DBVI must have a signed consent form from the child to share confidential information with the parent and other family members. The child’s verbal consent is sufficient the allow parents or other family members participate in meetings with the Education Coordinator.
Children who are 18 years old or older and have been determined through a court proceeding to be incapacitated or incompetent due to their disability must have DBVI required forms or releases of information signed by either the parent, Guardian, or authorized representative. 5 DBVI Education Services Chapter 2: Referral and Application Guidance Document 2024 Behavioral Observation of the Child and Family Behavioral observation of the child and family is an integral piece of the initial interview in order to ensure an appropriate assessment of the child’s needs for planning purposes. Observations could include the following, dependent on the child’s age:
- Functional limitations related to the vision loss;
- Secondary disability or other medical/psychological issues/needs;
- The child’s interaction with parents or other siblings;
- Behavioral observations (anxious, angry/upset, placid, depressed, etc.);
- Interpersonal and communication skills.
Voter Registration Material for Applicants As required by State law, the Virginia Voter Registration Application form and the Commonwealth of Virginia Voter Registration Agency Certification form must be completed. With a few exceptions, any child who is 18 years old or who is 17 years old and will be eighteen years of age at the next general election shall be permitted to register in advance and also vote in any intervening primary or special election.
Education Coordinators should ensure that both they and the child complete and signs the appropriate section of this form. 6 DBVI Education Services Chapter 3: Eligibility Determination Guidance Document 2024 Chapter 3: Eligibility Determination
DBVI shall ensure that eligibility requirements are applied without regard to age, gender, race, color, or national origin of the applicant, source of referral for education services, and the income level of an applicant or applicant's family.
Education Services Eligibility Criteria
Children seeking services from DBVI’s Education Services are determined to be eligible if there is documented evidence consistent with the following criteria:
The definition of “visual impairment including blindness” is met in accordance with 8 VAC 20-81-10 and with (34 CFR 300.8(c) (13));
- There is an adverse effect on the child’s development and/or educational performance due to one or more documented characteristics of visual impairment; and;
- The child;
a. Demonstrates the characteristics of blindness or visual impairment, as outlined below; or;
b. Has any of the conditions, including, but not limited to, oculomotor apraxia, cerebral/cortical visual impairment, and/or a progressive loss of vision, which may in the future, have an adverse effect on educational performance, or a functional vision loss where field and acuity deficits alone may not meet the aforementioned criteria.
3. A child with blindness demonstrates the following:
a. Visual acuity in the better eye with best possible correction of 20/200 or less at distance or near; or;
b. Visual field restriction in the better eye of remaining visual field of 20 degrees or less.
4. A child with a visual impairment demonstrates the following:
a. Visual acuity better than 20/200 but worse than 20/70 at distance and/or near; or;
b. Visual field restriction in the better eye of remaining visual field of 70 degrees or less but better than 20 degrees. 8 VAC 20- 81-80.W.3. 7 DBVI Education Services Chapter 3: Eligibility Determination Guidance Document 2024
- Deaf-blindness’ means simultaneous hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. 34 CFR §300.8 (c)(2); 8 VAC 20-81-10.
For purposes of determining eligibility for services for children aged 0-3, the Education Coordinator must conduct the necessary functional assessment resulting from the child’s vision impairment if an infant and toddler specialist is not available.
Determination of Ineligibility
A determination of ineligibility for Education Services is made when:
- The child does not have a documented vision impairment;
- The child or family requests that their DBVI case be closed and/or the child or family refuses services 8 DBVI Education Services Chapter 4: Education Services Plan Development and Services Guidance Document 2024 Chapter 4: Education Services Plan Development and Services Education Services Plan Development Education Services are provided through an Education Plan (Plan) which is developed based on child’s service needs determined from the initial interview.
Plan goals are generally generic goals based on the service needs of the child and will include goals such as “Age-Appropriate Development” or “Continue as a Student in my School”.
Education Services
DBVI’s Education Services provides primarily consultation, family and school support, education, and information and referral. Specifically, the education services program can offer:
- Resources that will increase parents’ awareness of the needs of infants who are blind or visually impaired, including referral for early intervention services.
- Information about independent living skills, communication skills, orientation and mobility, and visual development as they relate to infants with visual impairment, blindness, and deafblindness.
- Suggestions and guidance for parenting a child who is blind or visual impaired.
For children who are in school, the DBVI provides consultation, technical assistance, and training for families, early intervention professionals, and public-school staff who teach infants and children who are blind or visually impaired. Information includes, but is not limited to:
- Educational programs
- Adaptive materials
- Vocational planning
- Transition related programs
- Community resources
- Independent living
- Recreational planning 9 DBVI Education Services Chapter 4: Education Services Plan Development and Services Guidance Document 2024 DBVI will:
- Respond to requests for technical assistance or consultation from the family, the student, the school or other stakeholders in the community;
- Assist in the dissemination of materials that may be available to the school, the family, and/or the child, including adaptive material through APH;
- Provide adaptive aids and equipment; provide for necessary assessments (including funding if necessary);
- Participate if requested for planning and/or attend the student’s Individualized Educational Plan (IEP) meetings.
- Provide necessary technical assistance, support, and consultation to teachers, family, and the child who is served in a private school or is home-schooled.
The Education Coordinator may purchase low vision examinations and aids and/or adaptive equipment for children where these services are deemed to be necessary to support the child’s Plan goal. No comparable benefit search is required for this service.
DBVI is not responsible for the purchase of electronic adaptive aids such as assistive technology.
The Education Coordinator can provide information and support for students and families in order to receive adaptive material and Braille textbooks (instructional materials) through the American Publishing House (APH).
In order to meet the APH eligibility criteria, the student must:
- Meet the Definition of Blindness (MDB): A central visual acuity of 20/200 or less in the better eye with correcting glasses or a peripheral field so contracted that the widest diameter of such field subtends an angular distance no greater than 20 degrees, or;
- Function at the Definition of Blindness (FDB), which is visual performance reduced by brain injury or dysfunction when visual function meets the definition of blindness as determined by an eye care specialist or neurologist, and;
- Be enrolled in a formally organized educational program of less than college level. School-aged students must be enrolled with the registering school or agency on the first Monday in January. Students 18 and older must be registered for at least three months of instruction during the preceding calendar year (an accumulation of 12 weeks). 10 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 Chapter 5: DBVI Programs and Services DBVI may provide eligible other agency services to children when it is determined these services are necessary in order for the child to achieve their Education Services goals.
Low Vision Services
DBVI Low Vision Services may include low vision examinations and aids and/or adaptive equipment for children where these services are deemed to be necessary to support the child’s ES plan goal.
Vocational Rehabilitation Services
The DBVI Vocational Rehabilitation program provides vocational rehabilitation services to eligible individuals who are blind, deafblind or vision impaired to assist them to prepare for, secure, retain, advance in, or regain competitive integrated employment that is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Once an individual has been determined eligible for vocational rehabilitation services, an individualized plan for employment is developed that may include but are not limited to; training to assist individuals in adjusting to the loss of vision vocational and adjustment counseling; post-secondary school or vocational training; eye surgery and/or eye treatment for a limited number of individuals; adaptive equipment for training and/or employment; rehabilitation engineering services to modify training and/or job sites; customized and supported employment services. Job placement and follow-up services are also provided and are given major emphasis.
Pre-Employment Transition Services (Pre-ETS)
Pre-employment transition services are a sub-set of Vocational Rehabilitation Services and are designed to help students with disabilities begin to identify career interests that will be further explored through additional vocational rehabilitation services, such as transition services. Pre-employment transition services are available only to students with disabilities, whereas transition services may be provided to a broader population including both students and youth with disabilities. (Per 34 CFR 361.48(a))
Pre-Employment Services (Required Services)
The following information is a list of required pre-employment transition services available to students with disabilities, including those who have been determined eligible for VR services as well as those who are potentially eligible.
- Job exploration counseling;
- Work-based learning experiences, which may include in-school or after school opportunities or experience outside the traditional school setting 11 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 (including paid work experiences) that is provided in an integrated environment 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; and
- Instruction in self-advocacy, which may include peer mentoring.
Definitions of student and youth with disability
Student with a Disability means an individual with a disability who: ● Is still enrolled in secondary or enrolled in educational programs outside secondary school, including post-secondary education programs and has not exited, graduated, or withdrawn; ● Is at least 14 years old but less than 22; or is still receiving services under the Individuals with Disabilities Education Act and is not older than the maximum age established by the Virginia Department of Education; and ● And has a disability (i.e. receives services under an IEP or 504 Plan; or has a disability for purposes of section 504, or is otherwise determined to be an individual with a disability)
A Youth with a Disability means individual with a disability who: ● is not younger than 14 years of age; and ● is not older than 24 years of age.
Potentially eligible means: For purposes of pre-employment transition services, all students with disabilities, regardless of whether they have applied for or been determined eligible for the VR program.
Orientation and Mobility Services Orientation and Mobility (O&M) training helps individuals who are blind, visually impaired, or deafblind to know where they are, where they want to go (orientation), and how to get there safely and independently by walking or using transportation (mobility).
Rehabilitation Teaching Services
The Rehabilitation Teaching program provides specially trained instructors who can assist an individual in learning to adjust to their vision loss by teaching them to function safely, comfortably, and confidently in their home and/or in the community. Areas of instruction include:
- Orientation Training in the Home Environment - Teaches basic techniques to orient without the use of a cane. Includes techniques for 12 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 walking with a sighted guide, protective techniques, trailing and locating dropped objects, room familiarization and orientation to specific indoor areas.
- Personal Management (Activities of Daily Living) Skills Training – Teaches personal care and hygiene, eating techniques, money identification, medical and health management, social obligations, personal grooming, and personal record keeping.
- Home Management Skills Training - Teaches adaptive techniques in food selection and preparation; cooking; clothing selection, organization, and care; use and care of home furnishing and appliances; childcare.
- Communication Skills Training - Teaches reading and writing Braille, keyboarding, typing, handwriting, use of timepieces and the telephone, familiarity with and use of electronic communication devices, methods of verbal and non-verbal communication, listening skills and record keeping.
- Crafts, Recreation, and Adaptive Skills Training – Teaches how to develop self-confidence and adaptive skills including family, social and community activities; educational pursuits; and recreational and leisure-time activities.
- Adjustment Counseling – Teaches an individual how to express feelings and thoughts regarding visual disability and specific problems related to it, and to assists them in examining and working through these feelings and attitudes that impede learning skills and effectively coping with problems.
DeafBlind Services DeafBlind Services staff provides training, consultation, assessment, and technical assistance to each program of the agency to ensure that individuals who are deafblind can fully participate in the agency’s programs and services.
An individual who is deafblind has a combined vision and hearing loss. People who are deafblind have all types and degrees of combined vision and hearing losses.
Rehabilitation Technology Services DBVI Rehabilitation Technology Services help optimize employment outcomes of individuals who are vision impaired, blind, or deafblind. and may have multiple disabilities as well; provide technical support to DBVI and VRCBVI staff; individuals; and current or prospective employers of individuals who are vision impaired, blind, or deafblind. Rehabilitation Technology Services creates individualized solutions by employing the most currently available and most appropriate assistive technology, professional techniques and practices. Rehabilitation Technology Services works cooperatively with other DBVI services empower individuals who are blind, vision impaired, or and who may have multiple disabilities to achieve their greatest possible level of independence. 13 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 Rehabilitation services include:
- Technical support to individuals being served, DBVI field staff, VRCBVI staff, college and university professionals, and current and prospective employers of individuals who blind, vision impaired, or deafblind.
- Consultation with current and prospective employers of individuals who are blind, vision impaired or deafblind with vision impairments, as a technical resource where questions exist with regard to the modification of equipment on the work site.
- Coordination of services and technology to ensure that equipment and techniques employed are current and address the changing needs of the individual and that agency staff are trained in the effective use of the assistive technology as needed.
- Technology liaison to various committees and groups ensuring that these groups are fully aware of the latest implementation techniques and technology.
Business Relations Services DBVI Business Relations Services assist individuals who are blind, vision impaired and deafblind reach their career goal of sustainable employment. Services include providing career related information; assisting individual in the job application process; assisting with resume development; and, assisting in developing interviewing skills. Services also include working with employers in recruiting a highly skilled, pre-screened pipeline of talent.
Virginia Rehabilitation Center for the Blind and Vision Impaired (VRCBVI)
The Virginia Rehabilitation Center for the Blind and Vision Impaired (VRCBVI) provides residential orientation and adjustment training to individuals who are blind, vision impaired, or deafblind individual aged 14 and older during the summer program. The full training curriculum includes orientation and mobility, personal and home management, braille, keyboarding and access technology, academic instruction (GED) (if needed), conversations about blindness, vocational services, health education, wellness instruction and recreation, case management services, low vision services, and dormitory services. All classes emphasize the development of self-confidence and promote a positive attitude about blindness The LIFE program is a 5-week residential training program during the summer for students between the ages of 14-18 years old who are returning to a high school academic program. The LIFE program provides basic training in the skills of blindness; advocacy skills; and independent living skills. It also provides students with opportunities to explore employment and college goals and to gain work experience and to network with successful mentors who are blind, vision impaired, or deafblind.
Students work part-time in a community-based setting during the last three weeks of the LIFE program. 14 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 Library Resource Center The Library Resource Center provides services to individuals who are print disabled and administers two different programs are administered. Library. Library services are provided free of charge to those eligible, through the National Library Service for the Blind and Physically Handicapped (NLS) network of the Library of Congress. DBVI works with affiliated sub-regional libraries in public libraries in Alexandria, Arlington, Fairfax, Fredericksburg, Roanoke, Staunton, and Virginia Beach. The books and equipment are provided free to the affiliated libraries from The Library of Congress, and services are administered at the state and local level. Currently, 8,000 people who are print disabled are patrons of a lending collection of 80,000 titles recorded on cassette, digital cartridge, Braille, large print and descriptive movies. The library collection includes books and magazines covering a range of topics and reading levels. Required playback equipment and accessories are also furnished. Books and equipment are mailed to and from eligible persons using the “free matter for the blind” mailing privilege.
The LRC is currently focused on the NLS transition to complete digital format, which will take place over the next three years.
A variety of Resource Center services are provided to blind and vision impaired and deafblind children and students from birth through the12th grade, school divisions, and teachers in the Commonwealth. The Center houses an inventory of adaptive equipment that is distributed to blind, and vision impaired and deafblind infants, children and youth throughout the state. Inventory items range from technology such as Braille note-takers and specialized software, to Braille paper. The Resource Center also provides Braille textbooks, workbooks and novels for use by blind and visually impaired students in their local school districts. Orders for books in adapted formats are placed through the Virginia Department of Education’s statewide ordering system, AIM-VA, located at George Mason University. The LRC receives automated copies of orders for Braille.
Textbooks are produced by the LRC or purchased from another state and loaned for the school year. Expanding methods of Braille production continues to be a major focus of this program. 15 DBVI Education Services Chapter 6:Education Services Case Closure Guidance Document 2024 Chapter 6: Education Services Case Closure
The cases of children served through DBVI’s Education Services must be closed when:
- The child who was determined eligible for services is no longer enrolled in a school program (including children who are home schooled).
- The child who was determined eligible for services has reached the age of 23.
- The Child was determined not eligible for Education Services.
- The Child moves out of state, dies, is incarcerated, or otherwise is unable to participate in Education Services.
- The Child or Parents determines they do not wish to pursue or to continue Education Services.
- The Child or Parents is/are non-cooperative, fails to respond, or otherwise fails to participate in Education Services. 16 DBVI Education Services Chapter 7: Dispute Resolution Guidance Document 2024 Chapter 7: Dispute Resolution
Children and/or their parents have the right to initiate dispute resolution proceedings if they disagree with the way DBVI is providing services to them and/or wish to appeal a decision regarding services. Education Services will be maintained during any dispute resolution or appeal process unless the child or parents requests otherwise. Children and their families will be provided with information regarding the Client Assistance Program (CAP).
Dispute Resolution between the Student or Parent and the Education Coordinator
Students and/or their parents with concerns or questions regarding their Education Services will be encouraged to contact their assigned Education Coordinator directly so that the relevant issues can be addressed quickly and informally. Where attempts to resolve the dispute between the student/parent and the Education Coordinator are not successful, the Education Coordinator will provide the student/parent with the contact information for their Regional Manager. The Director of Services for Children and Youth shall be notified as well of the issue, either by the Education Coordinator or the Regional Manager.
The Regional Manager is responsible for contacting the student/parent in an attempt to resolve the issue. Meetings with the student/parent to clarify their concerns is strongly encouraged, with participation by the Regional Manager, the Education Coordinator, and the Director of Services for Children and Youth, as appropriate. Disputes that cannot be resolved through the Regional Manager, including specific requests by the student/parent that have been denied, shall be referred to the Deputy Commissioner for Services for further action.
Education Coordinator and School System Disputes
Given the role of the Education Coordinator with both the student/parent and the public school system, the potential exists for a request for the involvement of the Education Coordinator when disputes arise. The participation of the Education Coordinator in meetings or conferences involving the local school system and the student/parent for education planning is encouraged as schedules permit. However, the Education Coordinator may be asked to participate in meetings that are more formal in nature (such as a hearing) and are specific to resolving a dispute between the child and parents and the school system. In these situations, the Education Coordinator must not assume the role of an advocate, either for the child or the school system, nor shall legal advice of any kind be provided by the Education Coordinator. Referral to the Client Assistance Program (CAP) is appropriate. With an appropriate release of information, the Education Coordinator may participate in these proceedings in order to provide information regarding the child’s vision impairment and the services that have been provided by DBVI. 17 DBVI Education Services Chapter 7: Dispute Resolution Guidance Document 2024 Subpoenas or Judicial Orders issues to Education Coordinator must be submitted to the Deputy Commissioner for Services. The Director of Services for Children and Youth and the Regional Manager must be notified when and that a subpoena or Judicial Order has been received. Requests for records through a subpoena or Judicial Order may be honored with approval from the Deputy Commissioner for Services. The Education Coordinator may provide requested records with an appropriate release of information from the child or parents authorizing the release of records.
The Education Coordinator shall retain the subpoena (or a copy) in the child’s case file and a copy of the DBVI written response. 18 Chapter 8: Electronic Signatures, Confidentiality, Documentation, and File Requirements
Education Services Electronic Signature Policy
Education Services staff may utilize agency approved electronic signature processes for the purpose of acquiring the individual’s signature on documents where Education Services policy requires a signature from the individual. The use of the electronic signature process is intended to ensure Education Services are efficiently implemented and maintained when issues of time, travel, geographic location, or other reasons challenge the timely acquisition of a traditional “wet” signature, either in person or through the mail.
Electronic signatures are deemed to be a valid signature when:
- The individual purposely and deliberately signs the document in question. That is, they understand and agree with the information contained in the document as demonstrated by their consent to use their electronic signature as a valid signature.
- The email address that the individual uses for the electronic signature process is unique to them; that is, the email address is not a shared email address with others and the individual has control over access to the email address via a password, a PIN, or similar controls. The individual is responsible for updating the Education Coordinator should their email address change.
- The document is retained as a record that is accessible for future access.
DBVI and the individual must both agree to utilize an electronic signature procedure for each and every document requiring the individual’s signature.
Protection, Use, and Release of Personal Information
Federal and state law, regulations, and agency policy dictate that DBVI employees and contractors maintain the confidentiality of all children served by the agency. A signed release of information must be obtained before information may be shared; only the information specified on the release may be shared, and only with the individuals or entities designated by the child or parent on the release of information.
In any situation where it is determined that the child poses a danger to themselves or others, in response to an emergency where medical or police intervention is required, or in compliance with any subsequent court order, necessary information may be shared without consent. 19 Release of Information to Parents, Legal Guardians, or Authorized Representatives
The parents or legal guardians of children who are applying for or receiving Education Services who are under age 18 have the right to review the minor child’s case record (including information about the child dropping out of school, sexual activity, etc.), discuss the child’s Education Services, or make decisions about the child’s Education Services (including signing DBVI documents for the child), without the child’s informed written consent except:
Any information regarding outpatient diagnosis, treatment, care, or rehabilitation for alcohol or other substance abuse, mental illness, or emotional disturbances (§ 54.1-2969 of the Code of Virginia). However, the child’s consent is not required for parental access to inpatient treatment, care, or rehabilitation since minors cannot check themselves into an inpatient treatment program, or for parental access to other types of information (e.g., child is sexually active, child has dropped out of school, etc.), or;
When parental rights have been terminated or a court has restricted or denied parental or representative access to the individual’s confidential records, or;
When the individual is emancipated (e.g., married, court order, etc.), or;
Any information furnished in confidence to the Virginia Department of Social Services and an investigation is ongoing (e.g., on abuse or neglect charges) and any information Social Services provided to the Education Coordinator with a stipulation that release of the information is prohibited.
For parents of children who are applying for or receiving services and are 18 or older and are legally competent, informed written consent is required in order for the parent, guardian, or representative to review or obtain a copy of the child’s Education Services case file, discuss the child’s Education Services or make decisions on the child’s behalf (including signing DBVI documents). Informed written consent is required for parental access to special education records when the individual is 18 years or older (per P.L. 105-17 Individuals with Disabilities Education Act, Federal Regulation 34 CFR § 300.520).
Non-Education Services DBVI Staff
Informed written consent shall not be required for other DBVI divisions and staff of
DBVI.
Service Providers Informed written consent shall be required from the child (or parent, guardian, or representative) in order for DBVI Education Services staff to provide information to any school division or service providers outside the agency. 20 Mandated Reporters Code of Virginia, Title 63.2.1509: Mandates the immediate reporting of suspected abuse, neglect, or exploitation of children
If a DBVI staff member suspects that child applying for or receiving Education Services is about to confide abuse, neglect or exploitation of themselves, a child, or of another adult, the staff member must inform the child that the DBVI staff member is required by law to report complaints to the Department of Social Services but that all information relating to the complaint and any forthcoming investigation will remain confidential and will not be released without a judicial order. The staff member must note in the child’s case file the date the report was made and list any documents DBVI provided to the Department of Social Services.
DBVI staff must report, within 72 hours, to Department of Social Services any suspected abuse or neglect of a child, even if the child shares the information with the staff member in confidence. The staff member may be subject to a state fine for failing to report the information within 72 hours of first suspicion. The DBVI staff member must report the information to the Social Services office in the locality where the individual resides, or where the alleged incident is believed to have occurred. Suspected child abuse and neglect may also be reported through the Social Services toll-free child abuse and neglect hotline. The report may be oral or in writing (per § 63.2-1509 of the Code of Virginia).
DBVI must immediately report any suspected abuse, neglect, or exploitation of an individual, even if the individual shares the information with the staff member in confidence, to the appropriate protective services hotline or the Department of Social Services office in the locality where the individual resides or where the abuse, neglect or exploitation is believed to have occurred. The DBVI staff must note in the case file the date the report was made and list any documents DBVI provided to the Department of Social Services. Any Education Coordinator who has reason or cause to suspect that an individual has died as a result of abuse or neglect must immediately report this suspicion to the appropriate medical examiner and law enforcement agency.
The Education Coordinator may be subject to a fine for failing to immediately report the information upon reason to suspect and will be subject to a criminal conviction for making or causing to be made a false report (per § 63.2-1606 of the Code of Virginia).
Even with informed written consent, DBVI shall not release any information that the Department of Social Services has indicated shall not be re-released (per § 63.2-105 of the Code of Virginia, and 34 CFR § 361.38). 21 Chapter 9: Education Services Staff and Virginia Teaching Licenses The Department of Education’s (DOE) re-licensing process is detailed in the DOE publication, the Virginia Recertification Manual.
The responsibility for re-license is placed on the license holder and the Employing Educational Agency. As an Employing Educational Agency, the Department for the Blind and Vision Impaired (DBVI) has the following responsibilities:
- Each employee holding a renewable Virginia license needs an "advisor."
- Advisors should have a copy of the Virginia Recertification Manual.
- There should be a variety of re-license options available within the resources of the agency (e.g., College Credit, Professional Conference, and Publication of an article or book, other professional development opportunities).
- The Education Coordinator is responsible for maintaining and submitting all required documentation required for re-licensure to the Director of Services for Children and Youth (or their designee) in a timely manner such that the documentation may be reviewed and submitted to the Department of Education prior to the re-licensure deadline.
- The Director of Services for Children and Youth or their designee will certify and forward the license holder's completed Individualized Re-license Record to the Virginia Department of Education, Office of Professional Development and Teacher Education after January 1 but before June 1 of the tenth year of the license holder's current validity period. 22
Virginia Enterprises for the Blind 2024 GuidanceDoc ID: 7332
DBVI VEB Guidance Document 2024
Virginia Department for the Blind and Vision Impaired
Virginia Enterprises for the Blind
Guidance Document
2024
Table of Contents
- Financial Audit 2
- Fair Minimum Return 5
- Non-Deductible Business Expenses 9
- Satellite Facilities 10
- Set Aside 12
- Technology Reimbursement 14
- Transfer and Promotions 16
- Upward Mobility Reimbursement 18
- VFVC Elections 19 10. Vendor Performance Evaluations 21
1 05082024DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Facility Financial Audit Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 9.08.2021 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance pertains to conducting a facility financial audit within the Virginia Enterprises for the Blind.
Definitions: A. Audit Report: A document (draft or final) that summarizes the findings and recommendations of an Auditor after examining a facility’s financial records, bank documents, and reporting activities conducted by the SLA or Nominee.
B. Bank Documents: Bank statements, deposit slips, etc.
C. Corrective Action Plan (CAP): the course of action a Vendor intends to take after receiving a Final Audit Report outlining steps and timelines for its completion. The CAP will be delivered to the Auditor within 30 calendar days of receiving the Final Audit Report.
D. Facility: A business enterprise operated by a Vendor within the Virginia Enterprises for the Blind program.
E. Facility Financial Documents: Daily or monthly reports, if applicable, and/or any report designed to support the profit and loss statement reported for the month, profit and loss statement, bank reconciliations, etc.
F. Finding: a discrepancy or variance discovered by the Auditor that cannot be explained by the Vendor or provided documents and that must be corrected in order for the Vendor to pass the audit.
G. Nominee: the contracted nonprofit organization hired by the SLA to administer the Virginia Enterprises for the Blind program.
H. Purchases and Expenses: Check registers, purchases invoices, invoices for any expense occurred as listed on a profit and loss statement such as supplies, bank fees, merchant fees, telephone, office supplies, insurance, etc.
I. Payroll: Reports, time sheets, I-9s, etc.
J. Sales/Income Documents: Point of Sale (POS) reports, Z tapes, merchant statements, rebates, commission from vending services, etc.
K. State Licensing Agency (SLA): the certifying organization in Virginia designated by the Rehabilitation Services Administration (RSA) to be 2
05082024 DBVI VEB Guidance Document 2024 accountable for training Vendors who are blind, assigning them to facilities, and managing the overall program.
Guidance: A. Four facility audits will occur per fiscal year (October - September) at the SLA or Nominee’s discretion. At a minimum, each Vendor will be audited every ten (10) years.
B. Vendors will be given a thirty (30) calendar day notice of what month(s) financial reports will be audited by the SLA or Nominee.
C. Facility Financial Documents, Purchases and Expenses, Payroll and other documents as requested will be forwarded to the designated Auditor for review prior to a facility visit.
D. A facility visit occurs between the Vendor and Auditor to answer questions from the document review in the previous step and to review financial practices, and a general overview of the business (opening and closing procedures, facility cash management and/or drawer funds, keys, alarm, safe, cash handling, security systems, facility access control, check signing, deposits, deposit slips, verification of deposits, catering or other income, payroll procedures, time sheets, and record keeping).
E. Once discovery and analysis are complete, the Draft Audit Report is shared with the Vendor, SLA, and the Nominee. The Auditor will leverage the Facility Audit Worksheet to compile the data. The Final Audit Report will contain findings, recommendations, and a written response from the Vendor.
F. If a Finding is noted, the Vendor will submit a Corrective Action Plan (CAP) within 30 calendar days outlining what they will change and by when. The Auditor will verify the CAP is completed on time and the Vendor will certify such in writing to the SLA with a copy to the Nominee. It is expected that the CAP be completed expeditiously and no later than three (3) months after the Final Audit Report is delivered to the Vendor.
G. An audit Finding will be noted in a Counseling Report as follows:
a. First Occurrence
Written 1st Progressive Counseling 3
05082024 DBVI VEB Guidance Document 2024 b. Second Occurrence
Written 2nd Progressive Counseling c. Third Occurrence
Probation d. Fourth Occurrence
License Termination
H. The Counseling Report will include the following documentation: a. Vendor Name b. Date of Report c. Facility # d. Purpose of Conference e. Details of the incident resulting in the conference f. Type of Progressive Counseling g. Future Actions h. Signature of all Parties
I. Willful or fraudulent acts by the Vendor shall result in probation or license termination. 4
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Fair Minimum Return Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 5.17.2021 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance defines proper procedures for fair minimum return to vendors and includes an agency memorandum from the Commissioner Hopkins that explains an additional payment for Temporary Business interruption or Closures.
Definitions: a) Fair Minimum Return to Vendors: A fiscal year net business earnings for a vendor Guidance: a. The Fair Minimum is $12,000 for the VEB fiscal year.
b. The vendor’s annual earnings will be compared against the Fair Minimum after the close of the fiscal year.
c. If a vendor’s earnings fall below the Fair Minimum, the difference will be paid to the Vendor by the VEB within 30-60 days after the fiscal year close.
d. Any Vendor not achieving the Fair Minimum return shall create an action plan with specific goals, along with current year and annual dollar impact, for review and approval by the VEB. 5
05082024 DBVI VEB Guidance Document 2024
Department for the Blind and Vision Impaired
Established 1922
“Celebrating our past and empowering our future”
Raymond E. Hopkins Matthew H. Koch
Commissioner Deputy Commissioner
Chief Executive, VIB
To: VEB Licensed Vendors
From: Commissioner Raymond Hopkins Randolph-Sheppard Program State Licensing Agency
SUBJECT: DISCONTINUATION OF TEMPORARY BUSINESS INTERRUPTION OR CLOSURE
SUPPLEMENT
Date: May 17, 2021
As of January 1, 2018, the Fair Minimum Policy (22VAC45-20-100) for Vendors within the Virginia Enterprise for the Blind (VEB) Program stated that:
- The Fair Minimum is $12,000 for the VEB fiscal year.
- The Vendor’s annual earnings will be compared against the Fair Minimum at the close of the fiscal year.
- If a Vendor’s earnings fall below the Fair Minimum, the difference will be paid to the Vendor by the VEB within 60 days after the fiscal year close.
- Any Vendor not achieving the Fair Minimum return shall create an action plan with specific goals, along with current year and annual dollar impact, for review and approval by the VEB.
6 05082024DBVI VEB Guidance Document 2024 As a result of the COVID-19 pandemic, the Fair Minimum Policy was amended on March 27, 2020, to include an additional payment for Temporary Business interruption or Closures (TBIC) as explained below. TBIC added up to $2,000 per month to the Fair Minimum Return if a Vendor’s business was interrupted or closed through no fault of their own.
This current addendum to the Fair Minimum Return Policy, entitled the Discontinuation of the Temporary Business Interruption or Closure Supplement, takes effect upon signature by Commissioner Hopkins in his capacity as the head of the Randolph-Sheppard State Licensing Agency with the active participation of the elected Vending Facilities Vendors Council.
Due to VEB Program financial considerations and the improving public health environment, TBIC will end August 1, 2021, with the following draw down of distributed funds:
- 06/01/2021 = Max Amount of individual TBIC $2,000 + FM $1,000 = $3,000
- 07/01/2021 = Max Amount of individual TBIC $1,000 + FM $1,000 = $2,000
- 08/01/2021 = Return to January 1, 2018, FM Policy = Max Amount = $1,000
If you have any questions about any of the above, please reach out to the VEB Program Manager at xavier.trimiew@dbvi.virginia.gov or 804-371-3103.
BACKGROUND
Temporary Business Interruption or Closure Supplement March 27, 2020
TBIC is defined as an emergency outside the control of the Vendor or the VEB. When a TBIC occurs, the VEB may adjust the Policy to increase support to Vendors.
- Intent: In the event of a qualifying emergency, it is the intent of the VEB to provide increased temporary support to Vendors above and beyond the annual Fair Minimum. VEB will have the discretion to adjust Fair Minimum support from an annual to a monthly basis.
- Minimum Earnings Calculation: Minimum Earnings during a qualifying emergency will be determined on a month-to-month basis to establish a flat amount to be paid to the impacted Vendor for the month the emergency occurred. Minimum Earnings is defined as the established Fair Minimum monthly earnings less the reported business profit of a Vendor’s facility(ies). The amount will be $3000.00 as of the date of March 2020 accounting calendar.
- Payer of Last Resort: While the VEB may be able to respond more quickly during a TBIC to assist Vendors under this Policy than federal or state government, the VEB is a “Payer of Last Resort.” This means all government assistance will take precedence and supplant, rather than 7
05082024 DBVI VEB Guidance Document 2024 supplement, VEB TBIC Minimum Earning support. Vendors shall apply for available federal or state aid programs at their earliest opportunity and then repay the VEB for government aid received that covers the same emergency loses that the TBIC Minimum Earnings previously supported.
- Federal and State Aid: Vendors shall provide the VEB, through its Nominee, copies of all applications filed for government assistance. Vendors shall notify the VEB, through its Nominee, when government assistance is received. Failure to notify the VEB of the receipt of government assistance or to repay the previous assistance from the VEB for the same losses. Repayment of the duplicate assistance shall be made within 30 days of receiving government payment.
Hardship cases will be considered individually. Failure to apply for government assistance or repay duplicate assistance to the VEB can jeopardize the Vendor’s good standing in the VEB. 8
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Non-Deductible Business Expenses Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 10.01.2020 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance pertains to non-deductible business expenses that are not allowed on the monthly profit and loss report for a facility.
Definitions: a) Facility: A business operated by a vendor within the Virginia Enterprises for the Blind. b) Monthly Report: A profit and loss report submitted for each facility defining sales and costs incurred.
Guidance: A. The following are non-deductible business expenses.
i.
Transportation to and from your place of business and home.
ii.
Any purchase for personal use.
iii.
Telephone and/or technology for anyone that is not involved in the daily happenings of your business.
iv.
Internet for your home or anywhere other than your place of work.
v.
Life/health/dental insurance for anyone other than employees.
vi.
Personal taxes owed.
vii.
Set aside paid from the previous month calculation 9
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Satellite Facilities Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 11.01.2019 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance provides an objective and measurable policy to award the management of satellite facilities in the Business Enterprises Program
Definitions: a. Satellite: Any facility that does not have a licensed blind vendor as its manager.
b. Temporary Satellite: Any facility that is not permanently assigned to a vendor.
c. Permanent Satellite: Any facility that is located in a building which will not sustain a licensed blind vendor as a sole enterprise.
Guidance: a. Vacant facilities shall be operated as temporary satellites. The vendor who is awarded a temporary satellite shall manage it for no less than one full quarter along with his/her primary facility. The state and/or BOB shall notify said vendor at least 30 days prior to the official assignment of a new vendor to the facility. The vendor has the first right of refusal to transfer to convert the temporary satellite to a permanent facility. b. To determine whether a facility should be opened as a permanent satellite, analysis using three-year-return criteria shall be evaluated, i.e., the vendor should be able to earn in three years an amount equal to the installation cost. c. If more than one temporary satellite is being operated, the vendor who has operated the temporary satellite for the longest period of time shall be required to relinquish the facility first. d. Vacancies with satellites shall be bid out as a package, which may include the option of accepting one or all facilities in the package. In the event that a facility with a satellite is put out for bid, it shall be the discretion of the state licensing agency and the nominee as to the determination of whether the 10
05082024 DBVI VEB Guidance Document 2024 satellite will be the option. e. A satellite shall have its own facility number, inventory and paperwork shall be kept in accordance with rules that govern primary facilities. f. Bid sheets shall state whether a facility is a primary facility, permanent satellite, or temporary satellite. Vendors who submit bids shall be required to state on their bid sheet whether they wish to operate the facility temporarily or permanently. In cases where more than one licensed vendor is bidding for a satellite, the state licensing agency (SLA) shall exercise discretion in making the award by evaluating factors that will benefit the program. Consideration will be given a vendor who is competing for a satellite facility if the addition of that facility raises the income level of his/her business from a borderline deficit to a more equitable return. This consideration is not intended to reward poor performers but to assist vendors who are doing well operationally, struggling with external factors such as low building population, limited service, or any other factor hurting the business but beyond their control. g. Any vendor who has had a license for less than six months shall be ineligible to bid on a satellite facility. Any vendor earning more than 2 ½ times the state average, regardless of how many facilities he/she has when that level is reached, shall be ineligible to bid on a satellite. h. A satellite shall be relinquished if the vendor is unable to keep it out of deficit.
i. If a vendor is awarded a satellite or satellites, the state Licensing Agency will not require him or her to give up a satellite location, if by losing such satellite location it would cause the income of the vendor to drop to less than 75% of the state of Virginia average income for Randolph Sheppard Vendors. j. If a vendor has a satellite location, and the income from the satellite location is more than the income from the primary location, it shall be the vendor’s choice which location he or she shall keep. k. In implementing the satellite policy, the final determination of a satellite, i.e., whether to establish, continue, or terminate for cause, will reside with the 11
05082024 DBVI VEB Guidance Document 2024 state licensing agency. 12
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Set Aside Policy Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 10.21.2019 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance outlines the proper procedures for set aside monthly profit and loss statements, calculation, and payment.
Definitions: a) Set Aside: Means funds which accrue to a state licensing agency from an assessment against the net proceeds of each vending facility or vending stand in the state's vending facility program and any income from vending machines on public and private buildings and other properties which accrue to the state licensing agency.
b) Profit and Loss Statement: A required monthly report that each vendor must submit for each facility that is assigned. The report must include all sales and costs for the month on a cash accounting basis.
c) Payment: A dollar amount due that represents the calculated set aside.
Guidance: A. It is the responsibility of the vendor to submit to the Nominee no later than the 15th of each month a profit/loss statement and set aside payment for the previous month. If the 15th occurs on the weekend or holiday, it would be due the next business day.
B. The set aside percentage (4% of net facility profit) is based upon the financials of the VEB and is established on an annual basis prior to the beginning of the fiscal year (October-September).
C. Failure to submit reports and payment by the due date will result in the following steps:
a. First Occurrence
Written First Progressive Counseling b. Second Occurrence Written Second Progressive Counseling 13
05082024 DBVI VEB Guidance Document 2024 c. Third Occurrence Written Third Progressive Counseling d. Fourth Occurrence License Termination
D. The counseling report will include the following documentation: a. Vendor Name b. Date of Report c. Facility # d. Purpose of Conference e. Details of the incident resulting in the conference f. Type of Progressive Counseling g. Future Actions h. Signature of all Parties 14
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Technology Reimbursement Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 10.01.2020 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance relates to providing financial support ($2000.00 per fiscal year) for a licensed vendor to purchase modern technology to support the business
Definitions: a) Technology - Computers/Devices desktops, laptops, smartphones, tablets, or any other commercially available equipment.
b) Peripherals - Printers (braille or print), external hard drives, thumb drives, monitors, memory expansions, modems or internal facsimiles.
c) Adaptive equipment hardware and software - JAWS, ZOOMTEXT, Claro, Dolphin, CCTV, braille note-takers, braille displays or any other blindness related adaptation to a computer or standalone device.
d) Software - Word processing, spreadsheets, accounting or any other office/business commercially available software.
Guidance: a. Receipts are to be sent to Business Opportunities for the Blind, Inc. for reimbursement.
b. 75% of the cost will be reimbursed. 15
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Transfer and Promotion of Vendors Policy Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 8.31.2020 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance provides an objective and measurable policy to ensure the most qualified vendor can operate a facility with the Virginia Enterprises for the Blind.
Definitions: a. Award: An assignment of a facility to a Vendor to manage and operate
b. Vacancy Notice: A notice sent to all vendors defining the facility name, location, type of operation, hours, projected staff, forecasted annual revenues, profit due date along with any other information pertinent to the facility or the notice.
c. Transfer and Promotions of Vendors: As defined in 22VAC45-20-70.
Transfer and Promotion of Vendors. The department shall use as a basis for vendor upward mobility or transfer, the following criteria: Sanitation inspections, business counselor evaluation for upward mobility, tenure in program, gross profit percentage, vendor attitude toward the program, appearance, attendance (daily), building host-employee relations and customer relations.
Guidance: A. Facility vacancy notice is created and sent to all eligible vendors.
B. Any interested vendor is encouraged to visit the facility or contact the current operator or business counselor to better understand the business model.
C. The interested vendor’s business counselor will review and score the following topics based upon their current managed facility and utilizing the VEB’s standard scorecard: Sanitation inspections (health department), tenure, gross profit percentage, attitude, appearance, attendance, host relationship, and customer relations (as it relates to 22VAC45-20-70 transfer and promotion of vendors) 16
05082024 DBVI VEB Guidance Document 2024
D. Interview Panel: An interview panel will be designated in writing consisting of the VEB Manager, BOB Manager, a VFVC member (representing the region it is located) or the VFVC Chair if a regional VFVC member is not available. At this time, the tabulated score for each vendor will be reviewed along with their most recent performance evaluation. Any applicant within 3 points of the top scorer will be interviewed for the opportunity. After completion of the interviews, each panel member will score each vendor based upon the number of vendors interviewed. (Example: 3 vendors interviewed, the best candidate would receive a 3, the next a 2, and the last a 1). Whomever has the highest score will be the successful candidate. If there is a tie, the panel will break it by a simple ranking of applicants.
E. If only one vendor is interested, the interview panel would discuss the next steps as it relates to the award process.
17 05082024DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Upward Mobility Reimbursement Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 10.1.2019 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance pertains to providing financial support ($800.00 per fiscal year) for a licensed vendor to obtain further education to support a facility business growth
Definitions: a. Facility: A business operated by a vendor within the Virginia Enterprises for the Blind.
Guidance: a. Reimbursable expenses: Registration, transportation, and lodging b. Copies of receipts are sent to Business Opportunities for the Blind, Inc. for reimbursement c. Examples of qualifying Events: Conferences, classroom or remote training, and other business-related topics 18
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Vending Facility Vending Council Elections Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 5.6.2013 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance establishes a regular and systematic annual timeline for the election of licensed blind vendors to represent all licensed blind vendors from the candidate’s district on the Vending Facility Vendors Council (VFVC).
Definitions: a) Nomination: the process of proposing a licensed blind vendor for appointment or election to an office.
b) Election: the selection of a licensed blind vendor or vendors for office by vote.
c) Fourth Quarter VFVC Meeting: The fourth sequential quarterly meeting held by the VFVC within the fourth quarter. The quarters are based on the federal fiscal year; October-December (first), January-March (second), April-June (third), and July-September (fourth).
Guidance: Nominations a. On the third Monday in May, an announcement will be made to the business owners that the nomination period will begin on the first Monday in June. b. The nomination period will open on the first Monday in June at 7:00 AM and will close on the second Friday after the first Monday in June, at 4:00 PM. c. Candidates will be announced the following Monday, the third Monday in June, by 4:00 PM.
Elections a. Election period will open on the first Monday in July at 7:00 AM and will close on the second Friday after the first Monday in July, at 4:00 PM. b. Election results will be announced the following Monday, the third Monday in July, by 4:00 PM. 19
05082024 DBVI VEB Guidance Document 2024 Fourth Quarter VFVC Meeting a. Fourth Quarter VFVC Meeting b. In the event a new candidate wins a seat over or otherwise succeeds an incumbent or a vacancy, the new councilperson will be invited to attend the 4th Quarter meeting. c. Pursuant 22VAC45-20-90. Election, organization, and function of the vending facility vendors council § E, the new councilperson will attend the meeting in a non-voting capacity, as his term will not begin until October 1 of the year elected. 20
05082024 DBVI VEB Guidance Document 2024 Department for the Blind and Vision Impaired Vendor Performance Evaluations Category: Virginia Enterprises for the Blind
Effective Date: 10.1.2021
Last Review Date: 7.1.2019 Purpose: Coverage of all Licensed Randolph-Sheppard Vendors This guidance defines the proper procedures for an annual performance evaluation for vendors.
Definitions: d) Fiscal Year: October-September (12 months)
Guidance (Business Counselor) a. Review vendor’s performance for the entire fiscal year, refrain from judgements on recent or isolated events. Concentrate on rating one factor at a time and disregard your general impression of the vendor.
b. Consider the vendor based on the standards expected based upon the time in the facility or like facilities. Ratings should be based on how well the requirements of the position are fulfilled.
c. Place a check mark in the box that best describes the vendor’s performance the past year.
d. Keep in mind the relative importance of the factors.
e. Provide examples that support the rating.
f. Once all the factors are rated, check the box that best summarizes the vendor’s performance.
g. Utilize this rating matrix for same store sales, product and labor cost %, and check average.
- Exceeds Expectations Improvement of 2-4%
- Meets Expectations
Variance of 1%
- Needs Improvement Decline of 2-4%
- Not Effective
Decline of 4.1% or more 21
05082024 DBVI VEB Guidance Document 2024 22
05082024
VRCBVI Programs and Services Guide 2024Doc ID: 7292
DBVI VRCBVI Guidance Document 2024
Virginia Rehabilitation Center for the Blind and Vision Impaired
Guidance Document
TABLE OF CONTENTS
Chapter 1 VRCBVI Programs and Services (Overview) Chapter 2 Admission Criteria, Referral, and Application Chapter 3 Student’s Rights, Responsibilities, and Expectations Chapter 4 Residential Chapter 5 Campus Security and Facility Use Chapter 6 VRCBVI Programs and Services Chapter 7 Case Files and Records Management DBVI VRCBVI Guidance Document 2024
Chapter 1 VRCBVI Programs and Services (Overview)
Purpose: The purpose of this section is to provide readers with information about the services and programs offered at VRCBVI.
Program Introduction & Overview VRCBVI provides training in the skills of blindness, including using braille and specialized computer software, orientation and mobility, and personal and home management. Learning these adaptive skills enable individuals with vision loss to be independent and successful in the home, in school, on the job, and in their communities.
Emphasizing self-sufficiency and independence, VRCBVI strives to empower students to take charge of their own lives. Training is provided which teaches eligible individuals who are blind, vision impaired, or deafblind to function independently, safely, and efficiently. The training program at VRCBVI has been designed to teach students skills of blindness, provide community-based work experiences, and promote confidence-building activities, which will give students the freedom to pursue their chosen careers and interests.
Most training programs at VRCBVI are individually tailored to meet the specific needs of the student. Special programs are offered that provide specific training to groups of students with similar needs, such as the LIFE program (Learning Independence, Feeling Empowered) and LEAP (Learning Excellence in Academics Program) for transition-aged students. Other examples of special programs offered are the Senior Retreat for individuals aged 55 and older who are blind and vision impaired and Saturday Technology Seminars. In addition to these programs, VRCBVI regularly develops short-term programs to meet current needs of individuals receiving Vocational Rehabilitation Services, such as Take Action, Take Charge, and the Robotics and Cyber Security Academy.
VRCBVI and Collaboration with Regional Offices
VRCBVI’s primary referral source is DBVI’s Vocational Rehabilitation (VR) program, the mission of which is to provide employment services leading to competitive integrated employment. In order for VRCBVI to develop and maintain optimum utilization of its services, VRCBVI must effectively correlate their services with VR’s mission. VRCBVI integrates workplace readiness skills into all of its training programs. An additional key component is the development and maintenance of strong partnerships with the DBVI regional offices.
DBVI VRCBVI Guidance Document 2024
Effective collaboration between DBVI’s field staff and VRCBVI centers around ongoing communication, planning, and a shared intentional focus on meeting the employment related needs of the students served. Such collaboration best ensures that:
- VRCBVI’s programming (both its core training and short-term work readiness programs) is meeting the needs of the students as referred to VRCBVI by the regional office staff;
- VRCBVI’s training programs are designed to meet the needs of the current and future employment market;
- Referrals to VRCBVI are appropriate, i.e., there is a strong correlation between the training needs of the student and the programming offered by VRCBVI; and
- Students are much more likely to succeed through an interdisciplinary team that effectively integrates multiple perspectives and differing skillsets in the provision of services.
A. Programs
VRCBVI offers a core curriculum which is required for all full-time residential students.
The student’s training team will work with the student to determine training strategies --nonvisual, visual, or a combination of both -- that will work best to meet the individual needs of the student.
VRCBVI provides rehabilitation services for most students in a residential setting; training is also available to commuter students who return to their homes in the evenings and on weekends.
VRCBVI offers instruction in skills of blindness, i.e., braille, personal and home management (cooking, cleaning, organizing, labeling, and budgeting), orientation and mobility (cane travel), keyboarding, computer and access technology, adult basic education (including GED, GRE, and professional certification exam preparation, and ESL), conversations about blindness, and health education. Classes are from 8:15 AM to 5:00 PM Monday through Friday. Students who reside in the dorm take a full schedule of classes and will have a residence to return to when VRCBVI closes at certain points throughout the year (e.g., during the summer, holidays, weather emergencies, etc.). Students who commute each day to VRCBVI can choose to attend full or part time.
Based on the student’s individual needs, services include, but are not limited to:
- Tours of the VRCBVI Campus
- Evaluation
- Training DBVI VRCBVI Guidance Document 2024
- Case Management Services
- Vocational Services
- Low Vision services
- Technology Seminars
- Summer Transition Programs for High School Students
- Competency based training for DBVI/VRCBVI Staff VRCBVI Classes and Services
- Orientation and Mobility (Cane Travel)
- Access Technology
- Keyboarding
- Computers
- Career Readiness
- Employment Readiness Seminars
- Personal and Home Management
- Adult Basic Education
- Braille 10. Diabetes/Health Education 11. Conversations About Blindness
The training programs at VRCBVI are geared toward building skill proficiency, promoting independence, and developing self-confidence so individuals are prepared to achieve their vocational or independent living goals. The majority of training at VRCBVI revolves around employment preparedness for individuals looking to enter into or maintain work. Classes are designed to help the student relate knowledge gained to employment:
- Travel skills learned in Orientation and Mobility classes help prepare the student to make travel related decisions to get to and from work each day and move around their workplace independently;
- Time management and organizational/problem-solving skills build confidence in dealing with workplace challenges;
- For some, developing braille skills allows the individual to manage information and determine locations as they travel to and around their workplace (i.e., reading signage in buildings) more effectively.
- Students gain necessary keyboarding/computer skills, which are essential in today’s workplace.
B. Tours of VRCBVI
Individuals who are interested in training at VRCBVI are strongly encouraged to take a tour of the facilities as a first step. Tours of the VRCBVI Campus are available to potential students and their family members, DBVI VR Counselors and Rehabilitation DBVI VRCBVI Guidance Document 2024
Teachers, interested stakeholders, and members of the public. Tours include the dormitory and provide an overview of the training programs.
Tours are recommended for prospective students to:
- Familiarize the student with the facilities;
- Meet staff and other students
- Hear about VRCBVI services from staff and current students;
- Address any questions or concerns (i.e., ongoing medical conditions, such as diabetes management, or other issues that may affect training).
Scheduling of Tours Tours of VRCBVI’s campus may be coordinated by directly contacting VRCBVI’s front desk at (804) 371-3151. If the individual is working with a Vocational Rehabilitation Counselor or Rehabilitation Teacher, the DBVI staff person can coordinate the tour.
Complimentary lunch will be provided for the touring student and family members. A tour typically takes 45 minutes to an hour, but additional time should be allowed for lunch and questions.
Procedure
- Tours can be requested by the referring DBVI staff member, the individual, or their family, and are initiated by calling the VRCBVI front desk who will refer the call to the assigned VRBVI staff member
- VRCBVI administration (Director, Assistant Director for Administration, or Assistant Director for Instruction) will assign a staff member (or approved student) to conduct the tour.
- The tour date and time will be confirmed with the individual requesting the tour.
DBVI VRCBVI Guidance Document 2024
Chapter 2 Admission Criteria, Referral, and Application
Before being referred to VRCBVI for training, the individual, the VR Counselor or Rehabilitation Teacher must review the VRCBVI Admission Criteria to determine if the individual who is interested in training. In addition to the admission criteria, the referring DBVI staff member must consider other factors that will be considered as part of the admissions review process. For example:
- Appropriate candidates for VRCBVI training must have the necessary independence to manage their daily living activities, including management of health conditions and medication;
- Individuals who have any prior criminal history, or who have a history of substance abuse, may need to provide evidence that this will not impact their participation in training;
The VR Counselor or Rehabilitation Teacher must also determine with the prospective student whether there are other issues or concerns that may impact the decision to apply for services at VRCBVI. For example, are there issues related to secondary disabilities (traumatic brain injury, mental health, diabetes, etc.) that must be considered? Has necessary information been gathered regarding these and other possible needs that would affect training?
Guidance and counseling with the individual prior to referral is an important step to ensure that the referring DBVI staff member is able to provide all necessary information as part of the application process, and that the individual has made an informed choice to pursue training at VRCBVI. A staffing with VRCBVI concerns, either on the part of the referring staff member or of the individual. management regarding the individual prior to application is a best practice, particularly if there are any specific
VRCBVI Funding and Order of Selection – Impact on Referrals
An individual’s Vocational Rehabilitation Counselor (VRC) or Rehabilitation Teacher (RT) may make referrals to VRCBVI. VRCBVI will serve individuals who are open for VR services, as well as individuals who are open for RT services (but are not open for VR services). However, due to VRCBVI’s funding, VR students will be given priority.
Wait List
VRCBVI has a limit to the number of students they are able to serve at any given time.
The maximum number of students may vary depending on the number of residential students participating in training as compared to non-residential students. Should DBVI VRCBVI Guidance Document 2024
VRCBVI management determine the need to delay entry into training for students who have been approved for admission, a wait list will be created. VRCBVI will prioritize service to individuals who have an open VR case before serving individuals receiving RT services who are on the wait list.
VRCBVI provides services without discrimination with regard to race, color, creed, sex, national origin, age, or disability, in compliance with Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990.
A. Admission Criteria Individuals seeking admission to VRCBVI must meet the following criteria:
- Be 18 years of age or older.
- Be blind, vision impaired, or deafblind;
- Have a residence in which return if it becomes necessary to leave VRCBVI immediately;
- Have the ability to participate in, and benefit from, group instruction (i.e., does not require staff-intensive instructional support, such as 1:1);
- Be determined eligible to receive Vocational Rehabilitation services to seek, gain, or retain competitive integrated employment, or are seeking improved independence skills as part of the Rehabilitation Teaching/Independent Living program.
In addition to the Admission Criteria above, VRCBVI will review other considerations as part of the admission process. These include, but are not limited to:
- Is the individual able to ambulate independently (i.e., on their own, using a wheelchair, etc.) or with the assistance of personal attendant services?
- Is the individual able to perform activities of daily living (such as toileting, hygiene, dressing, and feeding) independently or with personal attendant services?
- Does the individual have the physical stamina to participate in training (i.e., stamina to maintain participation in training activities for a typical workday)?
- Is the individual able to independently manage health and medication (i.e., without assistance or supervision)?
- Does the individual have stable health to participate in training? (i.e., no chronic health issues that will prohibit regular participation in training activities; no periodic/acute health issues that might interrupt programming on an excessive basis).
- Is there any evidence of current or past behavior that could jeopardize the health, safety, or rehabilitation program of self or others at VRCBVI?
DBVI VRCBVI Guidance Document 2024
- Referrals of individuals who have any recent history of substance abuse or dependence must demonstrate evidence that they have been abstinent for an extended period of time (minimum of 6 months) or have documented evidence of recent completion of an intensive outpatient (or inpatient) substance abuse treatment and/or active participation in a substance abuse aftercare program or a substance abuse support program (such as a twelve-step program).
Additional Considerations
- Policy regarding referrals of individuals with any history of a criminal offense (self-report, criminal background check, information from courts, correctional institutions, etc.) is as follows:
a. Individuals who are registered sex offenders may not be referred for residential services at VRCBVI (Virginia State Police Sex Offender Registry).
b. Information regarding any criminal history, including but not limited to results from a criminal background check (CBC), will be reviewed by the VR counselor with the Regional Manager to determine what information, if any, may be relevant to share with VRCBVI Admissions Team. Consultation with the Director of Workforce and Vocational Rehabilitation Services is recommended, as needed.
c. The CBC report shall not be shared with VRCBVI staff; a summary of any criminal offense information, to include but not limited to the CBC report, that is relevant to the VRCBVI admissions process will be shared, either in writing, to be included with the VRCBVI admissions application, or through a staffing process.
d. It is highly recommended that the VR Counselor communicate any relevant criminal history directly to the VRCBVI Director prior to initiating the application process. The involvement of the Regional Manager and/or the Director of Workforce and Vocational Rehabilitation services is recommended, as well.
There are other factors that VRCBVI may not be able to evaluate effectively as part of the admissions process, but historically have been strong indicators of successful participation. These include:
- Willingness to regularly and actively participate in all scheduled classes and activities;
- Ability to transfer and apply skills learned from one setting to another;
DBVI VRCBVI Guidance Document 2024
- Ability to live cooperatively in an adult residential setting (if the student will be residential)
- Ability and willingness to comply and conform to VRCBVI policies and procedures as set forth in the VRCBVI Student Handbook (see Repository).
B. Referral and Application
Application for VRCBVI Services VR Counselors or Rehabilitation Teachers seeking admission for individuals on their caseloads to participate in training at VRCBVI are required to complete an application packet. With the assistance of the individual interested in attending VRCBVI, the VR Counselor or Rehabilitation Teacher completes and submits an application packet to VRCBVI on behalf of the applicant.
1. The application packet includes the following:
- Service Authorization
- VRCBVI Referral Part 2
- Eye Report (within one year)
- Health Checklist – General Medical Examination Form (within one year)
Steps in the application for admissions process:
- Application Packet submission,
- Application review,
- Admission decision,
- Notification of admission decision to the applicant and referring VR Counselor or Rehabilitation Teacher, and,
- The pre-admission phone call.
The VRCBVI application packet will include the following information:
VRCBVI APPLICATION PACKET CHECKLIST The following information will be provided by the referring VR Counselor or Rehabilitation Teacher:
- A service authorization from the referring staff person;
- VRCBVI Referral Part 2;
- Eye report with best-corrected visual acuity and visual fields dated within one year of the VRCBVI application;
DBVI VRCBVI Guidance Document 2024
- DBVI health checklist/general medical examination form completed and signed by a physician dated within one year of VRCBVI application that includes a list of all current medications.
- If applicant meets the criteria for DeafBlind services, the individual must be referred to DeafBlind services prior to submitting application to VRCBVI (per DeafBlind Services Policy and Procedures Directive DS-PPD-15-12, dated June 2, 2015)
- Any information, including appropriate documentation regarding any additional non-vision related disabilities (as appropriate) or history. This may include pertinent documented medical or health concerns, psychiatric and/or psychological reports, etc. The reports must be recent (within 60 days) noting stability and compliance with any prescribed medications.
- For individuals who have had a brain injury (including traumatic, stroke, etc.) a neuropsychological evaluation (within 2 years) is needed, and the case will be staffed as a team with the Assistant Director for Instruction and the DARS Brain Injury Specialist.
- Any additional documentation upon request (e.g., documentation that references secondary disabilities, but does not provide information as to the functional limitations that may impact services at VRCBVI, may require more information).
VRCBVI Application – Initial Review Application Review The Assistant Director for Administration has responsibility for receiving the application for services at VRCBVI and for ensuring the completeness of the application. Upon receipt of the VRCBVI application, the Assistant Director for Administration reviews the application materials and the applicant’s case record in the agency case manage system to ensure that the application is complete and contains the required components. Incomplete applications will unnecessarily delay the admissions process.
The Assistant Director for Administration will communicate with the referring DBVI staff member when there are questions regarding an application and/or the need for additional documentation.
NOTE: The application review process must be completed in a timely manner so that an admissions decision is not unnecessarily delayed. To the extent practicable, the VRCBVI Assistant Director for Administration will request any necessary additional information or documentation resulting from the application review from the referring DBVI staff member within three business days, and will document the rationale for the request.
DBVI VRCBVI Guidance Document 2024
Admission Process The VRCBVI Admissions Committee is comprised of the:
- VRCBVI Director
- Assistant Director for Instruction
- Assistant Director for Administration
- Health Educator, where medical conditions of the applicant necessitate
- Content experts (as needed), who may include: a. Senior Regional Manager b. Director of Vocational Rehabilitation and Workforce Services c. Rehabilitation Teaching/Independent Living Services Director d. Deputy Commissioner for Services e. Other content experts as determined necessary Admission Decision Admission decisions are determined by the VRCBVI Admissions Committee and will be made within 10 business days of receiving the completed VRCBVI application from the Assistant Director of Administration. If the Admissions Committee needs additional information, or if it is determined that a Program Manager’s review is warranted, this time will be extended. Any additional requests for information must be documented and justified with a clear rationale for the request.
Admissions are made on a rolling basis.
There are three potential admission decision outcomes: accepted, provisional acceptance, and not accepted:
- Accepted: The individual referred for services has fully met all admission criteria.
- Provisional Acceptance: Determination of acceptance/non-acceptance is deferred. For example, the individual may need to participate in an evaluation period to assess whether the individual has the stamina to participate in training.
Another example would be if the individual is not able to manage medical conditions independently or self-administer medications, the individual may be required to participate in VRCBVI-provided Health Education services in his or her home community prior to acceptance, etc.
- Not Accepted: The individual referred for services has not met one or more of the admission criteria.
NOTE: VRCBVI typically uses a four-week period as the standard initial evaluation.
This is primarily to determine the appropriate training methodologies to be utilized, to establish training goals, etc. In some circumstances, a student may be accepted for DBVI VRCBVI Guidance Document 2024
services or accepted provisionally, and VRCBVI may determine the need for a shorter evaluation to address any specific admission questions or concerns. The student may also use the evaluation period to determine whether he or she wishes to continue services at VRCBVI.
If a determination is made by the VRCBVI Admissions Committee that a referral will not be accepted or will be provisionally accepted, that determination will be referred by VRCBVI’s Director to the appropriate program director for review. The VRCBVI Director will provide to the program director any necessary referral information and the rationale for not accepting the individual or for accepting them on a provisional basis. The designated program director will determine the review process on a case-by-case basis.
That is, a basic review via phone or email, or, as needed, a request for a meeting with the VRCBVI Director and other VRCBVI staff involved in the admission decision. The reviewer may request additional staff to participate in the review as needed (e.g., the Regional Manager and/or the referring DBVI staff person, the VRCBVI Health Educator, etc.).
The review will result in an admission decision. The VRCBVI Director will notify the referring DBVI staff member or the referred individual of the referral results per the procedure outlined below. In the event that the VRCBVI Director and the program director are unable to agree on an admissions decision, either may appeal to the Deputy Commissioner for Services for a final determination.
Re-referrals of previous VRCBVI students
Purpose: To ensure that individuals who were previously served at VRCBVI, particularly those for whom there were identified challenges that impacted training, have addressed the identified challenges, and that any recommendations made by VRCBVI staff were followed.
If an individual was previously served by VRCBVI and is reapplying for services, the referring VR Counselor or Rehabilitation Teacher must provide information as part of the application process regarding the rationale for a re-referral. For example, if the individual was unable to complete the program due to illness, disability related issues, or behavior/conduct issues, the referring staff member must provide information regarding how those issues have been addressed so that the individual can effectively participate in training.
A staffing by the referring DBVI staff member with the VRCBVI Director and/or the VRCBVI admissions team (VRCBVI Director, Assistant Director for Administration) is strongly recommended prior to reapplication to ensure that any previous issues have been addressed. The individual may also request an interview with the VRCBVI Director to discuss their interest in attending VRCBVI again. Regional Manager and/or Program Director involvement in this process is recommended, as needed.
DBVI VRCBVI Guidance Document 2024
Notification of Admission Decision Once a student is accepted for services at VRCBVI, the Assistant Director for Administration will email the referring DBVI staff member that the student has been accepted and that the VRCBVI Director will be contacting the student directly. The VRCBVI Director will notify the student by phone to determine a start date. The Director will then email appropriate VRCBVI staff, the referring DBVI staff (VR Counselor or Rehabilitation Teacher), and the Regional Manager of the pending start date for services.
The VRCBVI Director will notify the referring DBVI staff member in writing regarding students who are provisionally accepted or not accepted. For individuals who were accepted on a provisional basis, the referring DBVI staff member will be provided with specific written information regarding the reason for deferral, as well as what is expected from the student before an admission decision can be made. For those individuals who are not accepted, the referring DBVI staff member will be given specific written information as to the reason(s), as well as any recommendations that may allow the individual to be re-referred at a future date. A meeting involving VRCBVI administration and the referring DBVI staff member, Regional Manager, and/or the appropriate DBVI program director to further discuss or review the referral, while not required, may be helpful to clarify the rationale for the decision and accompanying recommendations.
In all cases where the individual has been denied or deferred admission, the VRCBVI Director will ensure that the referring DBVI staff is made aware of the appeal rights of the referred individual.
C. Orientation to VRCBVI
Orientation for VRCBVI Students
- Individuals who are accepted as students of VRCBVI will receive a phone call from VRCBVI administration to establish entry date. The referring DBVI staff member will be notified by email following the establishment of an entry date;
VRCBVI staff will also be notified of each new student’s entry date.
- The VRCBVI Administrator (typically the VRCBVI Director) will also communicate to the student and the referring VR Counselor or Rehabilitation Teacher that the student will need to have the ability to take notes throughout their training. The referring DBVI staff member must ensure to the maximum extent feasible that appropriate technology evaluations have been completed, any necessary aids or devices purchased (other than aids or devices obtained through the VRCBVI loaner program), and training provided prior to the student beginning services.
- VRCBVI will email or mail a “Welcome Packet” within three days of notification of entry date. Packet will include:
DBVI VRCBVI Guidance Document 2024
a. Directions to VRCBVI b. Welcome letter c. VRCBVI Student Handbook d. List of items to bring e. Releases and waivers for review and signature (Photographic Recording Release; Waiver of Liability/Assumption of Risk and Indemnity Agreement; Emergency Medical Care) – NOTE: The Waiver of Liability/Assumption of Risk form must be signed by the student prior to beginning services at VRCBVI f. Notification of assigned VRCBVI Case Manager
- The VRCBVI Case Manager will initiate a pre-admission conference call with the student and the referring VR Counselor and/or the Rehabilitation Teacher (if available). This will occur at least one week prior to the student’s admission date with VRCBVI. The phone call will include: a. Role of the VRCBVI Case Manager b. Overview of typical training day and class schedule c. Items the student should bring with them d. VRCBVI amenities e. Development of VRCBVI Individualized Evaluation Plan for the student (goals and objectives for training), including roles and responsibilities of key DBVI staff who are involved in the plan f. Overview of teaching strategies g. Role of student mentor h. Any questions the student or referring DBVI staff member may have.
NOTE: The student will be given the opportunity to identify the specific training methodology they prefer while in training (visual, nonvisual, or a combination). The VRCBVI Case Manager will provide the student and referring DBVI staff member information about VRCBVI training methodologies during the pre-admission conference phone call. The student may make the decision regarding a training method during this call, or may defer that decision until they begin training.
- New student orientation will occur during the student’s first week of evaluation.
During this orientation students will: a. Tour the VRCBVI campus b. Understand the role of the VRCBVI Case Manager and the training team.
The training team includes the student, the referring Vocational Rehabilitation Counselor/Rehabilitation Teacher, assigned VRCBVI instructors, the VRCBVI Case Manager, and other appropriate field staff, as needed. c. Receive student schedule d. Review VRCBVI Student Handbook with the VRCBVI Case Manager e. Meet the VRCBVI Director f. Participate in Health Education Orientation DBVI VRCBVI Guidance Document 2024
g. Learn about evening and weekend activities (student planned and VRCBVI sponsored opportunities) h. Understand the purpose of and opportunities related to Independent Study Friday i. Review the purpose of the VRCBVI Individualized Student Evaluation Plan j. Gain an understanding of how progress is reviewed and reported k. Have the opportunity for questions to be answered
- Students at VRCBVI are required to use their cane at all times, including nights and weekends (other than in their dormitory room).
D. Student Handbook
The VRCBVI Student Handbook provides incoming VRCBVI students with a guide to life on the campus. The handbook provides the student with information about campus life, VRCBVI services, training programs, and rules and responsibilities for daily activities and dormitory living. The VRCBVI Student Handbook will be provided to all students who have been accepted for VRCBVI services prior to their arrival on campus.
The Case Manager will ensure that the student has received and reviewed the handbook, and will have the student sign and date the Student Handbook Review Form.
It is the student’s responsibility to read the Student Handbook prior to participating in services at VRCBVI, and to bring any questions or concerns regarding the Student Handbook to the VRCBVI Case Manager during the orientation review of the handbook.
The VRCBVI Student Handbook is available online at http://www.vrcbvi.org/ Other formats are available on request. Copies of the handbook may be obtained by contacting the VRCBVI Executive Secretary at (804) 371-3324.
DBVI VRCBVI Guidance Document 2024 Chapter 3 Student’s Rights, Responsibilities, and Expectations
This chapter identifies and provides guidance pertaining to student rights identified through the Rehabilitation Act as amended by the Workforce Innovation and Opportunities Act of 2014, the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Regulatory Code of Virginia.
VRCBVI and DBVI staff will develop an understanding of student rights, expectations, and responsibilities to participate in and make informed choices about the training in which they are participating and services they receive at VRCBVI.
VRCBVI Policy – Harassment, Abuse, Neglect and Exploitation
VRCBVI is committed to providing a residential and classroom environment conducive to effective learning and free from intimidation, harassment, abuse, neglect, or exploitation in any form.
Mandated Reporters
By agency policy, all employees at VRCBVI are mandated reporters. Mandated reporters are persons who, because of their profession, are more likely to be aware of abuse or neglect of persons with disabilities. Mandated reporters are required by law to report cases of suspected abuse when they have a suspicion that a person with a disability is being abused or neglected. The staff member who identifies the potential abuse, neglect, or exploitation of a student will inform his or her immediate supervisor, who will then inform the Assistant Director for Administration and the VRCBVI Director.
The VRCBVI Director will apprise the Deputy Commissioner for Administration, the Deputy Commissioner for Services, and the DBVI Commissioner of the situation.
- If a VRCBVI staff member suspects that an individual applying for or receiving VRCBVI services is about to confide abuse, neglect, or exploitation of themselves, a child, or of another adult, the staff member must inform the individual that the VRCBVI staff member is required by law to report complaints to the Department of Social Services. The staff member will further inform the individual that all information relating to the complaint and any forthcoming investigation will remain confidential and will not be released without a judicial order.
- VRCBVI staff must report, within 72 hours, to the Department of Social Services any suspected abuse or neglect of a child, even if the individual shares the information with the staff member in confidence. The staff member may be subject to a state fine for failing to report the information within 72 hours of first suspicion. The VRCBVI staff member must report the information to the Social Services office in the locality where the individual resides, or where the alleged DBVI VRCBVI Guidance Document 2024 incident is believed to have occurred. Suspected child abuse and neglect may also be reported through the Social Services toll-free child abuse and neglect hotline. The report may be oral or in writing (per § 63.2-1509 of the Code of Virginia).
- VRCBVI staff must also immediately report any suspected abuse, neglect, or exploitation of an adult, even if the individual shares the information with the staff member in confidence, to the Adult Protective Services hotline or the Department of Social Services office in the locality where the individual resides or where the abuse, neglect, or exploitation is believed to have occurred. Any VRCBVI staff member who has reason or cause to suspect that an adult has died as a result of abuse or neglect must immediately report this suspicion to the appropriate medical examiner and law enforcement agency.
- The VRCBVI staff member may be subject to a fine for failing to immediately report the information upon reasonable suspicion, and will be subject to a criminal conviction for making or causing to be made a false report (per § 63.2-1606 of the Code of Virginia).
Student Rights, Responsibilities, and Informed Choice
Federal and state law, regulations, and agency policy dictate that DBVI staff and contractors maintain the confidentiality of all individuals served by the agency. As such, VRCBVI staff may not acknowledge whether an individual is or is not a student at VRCBVI without a release of information. If a release of information exists, only the information specified on the release may be shared, and only with the individuals or entities designated by the individual on the release of information. If VRCBVI staff are unsure of whether a release of information exists, they will treat the situation as if one does not exist. In any situation where it is determined that the individual poses a danger to themselves or others, in response to an emergency where medical or police intervention is required, or in compliance with any subsequent court order, necessary information may be shared.
A. Student Rights regarding Informed Choice
Students have the right to make informed choices about their training programs at VRCBVI. Informed choice means that the VR Counselor or Rehabilitation Teacher has provided the student with information that enables the student to make an informed choice about services and training. The VR Counselor and/or the RT and VRCBVI staff provide the student with guidance and counseling to assist the student to make choices about their goals (vocational or independent living goals), and those vocational rehabilitation or independent living services that include evaluation, assessments, or training they receive at VRCBVI. Informed choices made by the student do not obligate VRCBVI or DBVI to purchase specific devices, aids, or Vocational Rehabilitation DBVI VRCBVI Guidance Document 2024 services, engage specific service providers, or pay costs above what is allowed by DBVI policy.
Individuals who feel they have not been given the opportunity to exercise informed choice, regardless of the reason, must be informed of the right to appeal the decision.
The student’s Vocational Rehabilitation Counselor, Rehabilitation Teacher, and/or VRCBVI staff must provide the student with information about the Client Assistance Program, as well as their specific appeal rights.
B. Student Civil Rights
Students participating in training at VRCBVI have certain civil rights guaranteed by law per the “The Workforce Innovation and Opportunity Act (WIOA),” Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38), section 188, which prohibits discrimination because of race, color, religion, sex, national origin, age, disability, political affiliation or belief, or, for beneficiaries, applicants, and participants only, citizenship status, or because of an individual's participation in a program or activity that receives financial assistance under Title I of WIOA.
Student Rights - General
Students participating in training programs at VRCBVI have the following rights:
- The right to be treated with dignity, respect, and consideration.
- The right to exercise informed choice and to include their representative, as requested, throughout the service delivery process with VRCBVI.
- The right to be fully informed, by their Vocational Rehabilitation Counselor, Rehabilitation Teacher, and/or VRCBVI staff, about their rights to review any decisions made by the agency while they are participating in training at VRCBVI.
- The right to fully participate in all aspects of planning and development of the student’s training at VRCBVI.
- The right to be fully involved with and informed about services, changes, or decisions made regarding their training programs at VRCBVI.
- The right to ask questions, raise concerns, make comments, and/or suggestions, as needed.
- The right to receive regular feedback and progress evaluations regarding their training program from VRCBVI program staff.
Student Rights Regarding Confidentiality
Students participating in training at VRCBVI have the right to confidentiality of their personal information.
- Personal information is defined as all information that describes, locates, or indexes anything about the student who is applying for or receiving VR services, including real or personal property holdings derived from tax returns, education DBVI VRCBVI Guidance Document 2024 records, financial transactions, medical records, ancestry, criminal record, and employment record, or that affords a basis for inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual, including the record of the individual’s presence, registration, or membership in an organization or activity, or admission to an institution. Formats for personal information may include, but are not limited to, written records, photographs, audiotapes, videotapes, electronic data, or other media reproductions.
- Personal information that identifies a student shall not be disclosed to, exchanged with, or requested from another person or entity, unless the student (or the student’s representative, as appropriate) gives informed written consent, or unless federal or state law or regulations permit or require release without consent.
- Students who do not wish to sign a release for VRCBVI to use their photograph or to be in audiotapes, videotapes, electronic, data, or other media reproductions such as Facebook postings will not be denied access to any VRCBVI program or activity.
- VRCBVI staff will not share any information regarding a student, outside of other DBVI staff, without a written release of information from the student
- VRCBVI staff will use personal information only for the purposes directly connected with the administration of VRCBVI services. VRCBVI staff may communicate with other DBVI staff members who are serving the student without a release of information.
- VRCBVI has the authority to disclose requested personal information, including health information, without consent as necessitated by an emergency situation or investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state law or regulations. VRCVBI may also release personal information in order to protect the student or others if the student poses a threat to his or her safety or to the safety of others.
- Personal information will be released to Adult or Child Protective Services if VRCBVI staff has reason to suspect instances of abuse and neglect as described above in the mandated reporter section, or if required to do so through federal or state regulations.
- VRCBVI staff shall not respond directly to a subpoena or judicial order.
Subpoenas and any other court orders requesting information on VRCBVI students shall be sent to the Deputy Commissioner for Services immediately upon receipt.
DBVI VRCBVI Guidance Document 2024 Student rights to request a review of determinations made by VRCBVI staff
Students must be made aware of their right to request a review of a determination made by VRCBVI staff that affects the provision of their VRCBVI services. VRCBVI staff must make every effort to address the issue through an informal resolution process.
Should the issue not be resolved informally, VR students have the right to immediately request an Informal Administrative Review (IAR), Mediation, or to move directly to request a Fair Hearing. While a decision is being reviewed, VRCBVI may not suspend, reduce, or terminate services unless:
- The student requests a suspension, reduction, or termination of a service;
- VRCBVI has evidence that services have been obtained through the individual’s misrepresentation, fraud, collusion, or criminal conduct;
- The service puts the individual at risk based on new medical or psychological information provided by a physician;
- VRCBVI personnel have reason to believe that the individual’s conduct or action poses a danger to the health and safety of themselves or others.
- The student’s conduct creates an adverse impact on the ability of other students at VRCBVI to participate effectively in their training.
Informal Resolution between VRCBVI Students and VRCBVI Staff (VR and RT Students)
- VRCBVI staff will make every effort to resolve disputes with the student informally. Many minor disagreements or misunderstandings can be quickly resolved through a short conversation between the student and the staff member involved. The VRCBVI Case Manager and/or staff supervisor (or the Assistant Director for Instruction or Administration, as appropriate to the situation) will be consulted and involved in attempts to resolve the dispute, if necessary. VRCBVI staff must document the individual’s concerns and subsequent actions taken to address those concerns in the individual’s case file.
Informal Resolution between the Student and the Supervisor
- When student issues or concerns cannot be resolved informally between the student and staff involved, within ten (10) working days of the decision requiring resolution or the most recent issue, the student may request in writing, by e-mail or phone call, or in person, to speak with the VRCBVI staff member’s supervisor.
- The supervisor shall meet with the student in a timely manner, i.e., within five (5) working days of receipt of the student’s request.
- The supervisor shall make every effort to resolve the concerns of the student through listening to their concerns and providing them with any relevant VRCBVI or DBVI policy or processes that impacted the decision. The supervisor will make DBVI VRCBVI Guidance Document 2024 a determination from this meeting to support the VRCBVI staff member’s decision, to overturn the decision, or to find a compromise decision to which the student can agree. The supervisor must provide the student with their appeal rights if the issue is not resolved at this point.
- The supervisor shall document all concerns of the student and subsequent actions taken to address those concerns in the individual’s case file and in the form of a letter or memorandum to the student in the student’s preferred format;
Informal Administrative Review (IAR) - VR Students Only
- When issues or concerns of students cannot be resolved between the student and the supervisor, the student may request an Informal Administrative Review (IAR) in writing, by e-mail or phone call, or by speaking in person to the Director of VRCBVI or DBVI’s Deputy Commissioner for Services.
- The Director of VRCBVI or Deputy Commissioner for Services shall meet, by phone or in person, with the individual in a timely manner, not to exceed five (5) working days of receipt of the student’s request for IAR. The Director of VRCBVI or the Deputy Commissioner for Services shall use the Informal Administrative Review (IAR) form to document the results of the meeting
- The Director of VRCBVI or Deputy Commissioner for Services shall prepare and submit to the student by e-mail, hard copy, or scanned copy, a written report of the IAR within (3) three working days of meeting with the individual.
- The IAR will contain documentation of review of the student’s case file, discussions with relevant VRCBVI and DBVI staff and the student who has requested the IAR, and the rationale of the decision made during the IAR, including identification of relevant laws, regulations, and DBVI policy.
- The Director of VRCBVI or Deputy Commissioner for Services shall ensure that the report of the IAR is placed in the individual’s case file and in AWARE.
- In circumstances where the student’s concerns involve the Director of VRCBVI or Deputy Commissioner for Services, the DBVI Commissioner will conduct the IAR.
Mediation – VR Students Only
Students participating in training at VRCBVI may proceed directly to mediation rather than or concurrently to attempting to resolve the issue through the informal resolution process. Details regarding the mediation process may be found in Chapter 16: Appeals in the DBVI Vocational Rehabilitation Policy and Procedures Manual.
Impartial Due Process Hearing (Fair Hearing) – VR Students Only DBVI VRCBVI Guidance Document 2024
- Students participating in training may request a review of determinations made by VRCBVI by requesting an Impartial Due Process Hearing, whereby an impartial hearing officer shall be randomly selected, and an impartial due process hearing conducted within 60 days from the individual’s request, unless an informal resolution or a mediation agreement is achieved prior to the 60th day or the parties agree to a specific extension of time.
C. Student Expectations and Responsibilities
Student Responsibilities - General
While participating in training at VRCBVI, there are several expectations and responsibilities for students. These expectations and responsibilities are consistent with those an employer would expect of their employees, and therefore play an important role in the student’s program at VRCBVI. Students are expected to treat all staff, other students, and visitors with dignity and respect. Discrimination, threatening, or making negative comments to another person based on race, color, national origin, age, sex, religion, sexual orientation, or disability will not be tolerated.
Students participating in training programs at VRCBVI have the following responsibilities:
- Participate actively in the training program by being punctual, attending class, and participating in required training activities.
- Cooperate with VRCBVI staff, the Vocational Rehabilitation Counselor, and/or the Rehabilitation Teacher.
- Comply with VRCBVI and DBVI policies.
- Respect the rights and privacy of others.
- Talk with the VRCBVI Case Manager about any changes in the student’s program.
- Tell the VRCBVI Case Manager or instructor when the student has an appointment that will prevent them from attending class.
- Make informed choices about the services they receive at VRCBVI.
- Complete all out of class assignments at VRCBVI.
D. Employment Lifestyle – Personal Appearance
The dress code at VRCBVI is business casual, meaning slacks, dresses, skirts, and blouses for women and slacks and collared shirts for men. Students are responsible for maintaining personal dress, grooming, and hygiene standards appropriate for daily interactions in work and community settings.
E. Cell Phones DBVI VRCBVI Guidance Document 2024 Students are permitted to use cell phones while in training at VRCBVI. However, the instructor may limit use of cell phones during any specific class should it interfere with or impact classroom activities. Students will follow the cell phone guidelines contained in the VRCBVI Student Handbook.
F. Tobacco Use
All VRCBVI buildings and building entrances, as well as state vehicles, are non-smoking and tobacco product free.
G. Attendance
Students are expected to maintain regular attendance in classes while participating in training at VRCBVI. Instructors shall track and report attendance for all students.
H. Tardiness
Employers expect and require their employees to arrive at work consistent with their scheduled work hours. VRCBVI has similar expectations that students will consistently be punctual for class and other program activities.
I. Student Absences
- Students who are going to be absent must contact the front desk, either in person or by phone. Students are expected to leave a voice mail if no one at the front desk answers the call. VRCBVI staff who manage the front desk must be aware of this process.
- The front desk staff member will notify all VRCBVI staff of the absence.
- If a student is missing, VRCBVI staff shall immediately notify the student’s VRCBVI Case Manager, the Assistant Director for Administration, and the front desk.
J. Request for class schedule change
A request for a change in a student’s class schedule may come from the student, the instructor, or both. Reasons for requests could include that the student is not making satisfactory progress in the class, scheduling conflicts, issues between the instructor and student, etc.
- Prior to any request for a change in class schedules, the instructor and the student will meet to determine if the change is necessary and appropriate (i.e., in the best interests of the student and/or the class). If both agree to the class change, the instructor will proceed with a class change request.
DBVI VRCBVI Guidance Document 2024
- All requests for schedule changes are to be emailed by the instructor or provided in person by the student or instructor to the Assistant Director for Instruction.
The email must include the effective date of the change, as well as the reason for the requested change. Change requests are due by Wednesday by noon, and the scheduled change will begin the following week.
- The Assistant Director for Instruction will email approval for the requested schedule change to the instructor(s) within two business days of receipt of the request. The student will be notified of the approval of the request verbally and via email.
- If there is disagreement regarding the class schedule change, a meeting to include the instructor, the student, and the Assistant Director for Instruction will be scheduled to address the issue. Other VRCBVI management may be included as necessary in order to make a determination as to whether to approve the request.
- If the class schedule change is requested due to disability specific reasons, such as student requiring more intensive support (e.g., one on one) in order to effectively participate and/or progress in the class, the VRCBVI Case Manager will be notified, and a meeting held to determine the most appropriate course of action for that student. The referring DBVI staff member will be contacted to participate in this meeting.
- In the situation where an instructor is requesting the class schedule change due to concerns regarding the student’s conduct (i.e., frequent absences/tardiness, poor/disruptive participation in class, etc.), the Student Disciplinary Policy must be followed prior to any decision to make a change in class schedule.
- If the student’s request to change their class schedule is denied, the student will be informed of their appeal rights.
Student Conduct – Expectations and Responsibilities
Students participating in services at VRCBVI are subject to the expectations and responsibilities described in the VRCBVI Student Handbook . Much like an employee handbook, these expectations are designed to ensure a training environment in which all students are empowered to achieve their training goals. In the vast majority of circumstances, informal conversations or reminders for those situations where a student may not be fully adhering to expectations quickly addresses the concern. However, in those circumstances where a student’s conduct continues to impact their training or others at VRCBVI, the Student Standard of Conduct Policy will be implemented by staff.
As noted in the Student Rights section of the manual, students at VRCBVI have the right to request a review of any determination made by VRCBVI staff that affects the provision of their services at VRCBVI and of their appeal rights.
DBVI VRCBVI Guidance Document 2024 Student Standard of Conduct Policy
VRCBVI’s Student Standard of Conduct Policy will be implemented in circumstances where a student’s conduct is significantly affecting their participation in training or the participation of others.
- Prior to initiating any type of intervention, any student conduct concern that arises must first be assessed to clearly understand the nature of the issue and possible remedies to improve the conduct. Informal counseling and guidance is typically the first step in addressing any student conduct issues.
- Student conduct concerns will be addressed in a timely manner with the student by the staff member directly involved unless the nature of the issue requires other staff involvement.
- Depending on the nature and severity of the conduct, the student’s VRCBVI Case Manager and/or VRCBVI administration must be consulted. The referring DBVI staff member will be contacted immediately and will be provided the opportunity to participate in any discussion by VRCBVI staff regarding the student’s conduct. No decision to suspend or terminate the student’s program will be made without first consulting with the referring VR Counselor or Rehabilitation Teacher.
Medical Information and Student Medical Responsibilities
Each student will participate in Health Education Orientation provided by the Health Educator and VRCBVI Case Manager during the student’s first week at VRCBVI.
- All VRCBVI students are expected to manage their medical conditions or illnesses independently.
- Students are expected to make their own arrangements to secure medical care if they become ill while participating in VRCBVI programs, including non-scheduled or urgent medical situations, arranging pharmacy trips for medication, and all other associated errands. The VRCBVI Case Manager is available to assist students with identifying local medical providers and transportation resources upon request by a student.
- Students are responsible for notifying the VRCBVI Case Manager when they will be absent due to illness or medical treatment. Students are expected to sign out with the front desk or dormitory staff when leaving campus for medical appointments.
- VRCBVI staff will encourage students to educate themselves about their health insurance benefits, co-pay amounts, prescription benefits, urgent care and DBVI VRCBVI Guidance Document 2024 emergency room options, and contact information so they are prepared to handle a medical situation should one arise.
- Students who do not have a local physician to visit will be made aware of local medical facilities, including urgent care centers and emergency room options.
Local options for over-the-counter medications and drug prescriptions also will be made available as needed.
Urgent Medical Situations
Urgent medical situations (situations other than medical emergencies, as described below) and training related injuries that may require staff assistance will be addressed following consultation with the VRCBVI Case Manager and/or an administrator. Urgent medical situations will be handled on an individualized, case-by-case basis. Urgent medical situations are those in which a student requires assistance in determining if the injury or illness requires medical attention through a visit to a doctor or an urgent care or similar facility. Examples of urgent medical situations include, but are not limited to, illnesses that are progressively becoming worse over successive days, an injury that may require stitches or may involve a broken bone, or any other medical situation for which the student may require assistance or consultation. While VRCBVI staff may provide assistance and consultation to the student in these cases, the student shall be responsible for determining if medical attention is required or desired. Staff shall communicate to students that VRCBVI does not have a medical clinic, and that the Health Educator cannot diagnose or treat medical conditions, or dispense medication.
Procedures for Handling Student Medical Emergencies
In the event of a medical emergency VRCBVI staff will:
- Call 911 and render first aid until medical assistance arrives. Staff shall not leave students unattended. Available additional staff shall provide assistance as necessary.
- During regular work hours (Monday through Friday, 8:15 AM to 5:00 PM), as soon as 911 has been called, the staff who called 911 (or his or her designee) shall notify VRCBVI’s Front Desk of the 911 call, so accurate information may be provided to the emergency medical responders upon their arrival. The staff who called 911 or Front Desk staff must also advise the VRCBVI Director, or, in the absence of the Director, an Assistant Director, of the situation. Front Desk staff shall provide the student’s emergency medical information to responders.
- Outside of regular work hours, including weekends, as soon as 911 has been called, the staff who called 911 will notify VRCBVI’s Assistant Director for Administration, or VRCBVI’s Director, if the Assistant Director for DBVI VRCBVI Guidance Document 2024 Administration is not available. Dorm staff will provide the student’s emergency medical information to responders.
- Upon being notified, the Director or Assistant Director(s), as applicable, immediately will advise the Commissioner, the Deputy Commissioner for Services, and the Deputy Commissioner for Administration of the student’s medical emergency. Other VRCBVI staff also will be advised, including the Case Manager, the Health Educator, and dorm staff.
- VRCBVI’s Case Manager will notify the student’s relevant emergency contacts as soon as possible and will ensure the referring DBVI staff member is made aware of the student’s medical emergency.
Handling a Non-Emergency Medical Situation
In the event of a non-emergency medical situation (i.e., when a student reports a medical issue/complains of being sick and may need to seek medical attention at an urgent care facility or the emergency room, but the situation is not such that ambulance transport is advisable), the following procedures, in the order listed, shall be undertaken by staff:
1. Problem-solving steps including:
- Having an initial discussion with the student to determine whether his or her medical issue is urgent or severe enough to need medical evaluation or attention.
- Providing the student with local medical and/or pharmacy options if the student is not aware of them.
- Assisting the student with transportation options. It will be the exception that VRCBVI staff provides transportation for medical appointments, trips to the pharmacy, etc., rather than expected or “the rule.” (Staff transportation, through use of a state vehicle when approved by management, may be available Monday through Friday ONLY, and NOT at night or on weekends).
- Monday through Friday from 8:15 AM to 5:00 PM: Staff member who is made aware of the situation will problem solve with the student, such as asking them how they would handle the situation if they were at home. The student may also be referred to the VRCBVI Case Manager or one of the Assistant Directors for assistance with problem solving if the student appears to require assistance beyond the staff member’s ability.
- Nights and weekends: Staff will call 911 for assistance in the event of a situation in which the severity of the medical situation is unclear (i.e., student DBVI VRCBVI Guidance Document 2024 is unable to make an informed choice regarding seeking medical attention due to significant pain; student appears to be woozy or disoriented, etc.). For non-emergency medical concerns, dormitory staff will engage the student in a conversation about how to handle the situation independently, including transportation options such as taxi or Uber/Lyft, etc. The student will always be encouraged to problem solve the situation with assistance from the dormitory staff member.
- If student states that he or she does not have the necessary Orientation and Mobility (O & M) skills to safely navigate to a medical appointment or to the pharmacy, staff should encourage the student to take a taxi or use Uber/Lyft or explore with his or her O & M instructor the possibility of making the trip as part of an O & M lesson.
- VRCBVI may send a staff member with the student to a medical appointment if the student is too ill to travel independently. The Assistant Director for Administration will make this decision. If the student also requires transportation to the medical appointment, the Assistant Director for Administration or designee will determine whether VRCBVI staff will provide transportation. In all cases, a state car will be used to transport the student.
- If the student does not have the funds to pay for a medical visit co-pay, over-the-counter medication, prescription, or transportation, VRCBVI staff will advise the student to contact his or her VR Counselor or Rehabilitation Teacher.
Medical Restrictions
VRCBVI reserves the right to send a student home when the student cannot fully participate in training because of medical restrictions, when a student’s treatment must be provided at home, or when a student requires medical care or supervision that VRCBVI does not provide. Students are expected to comply with any doctor’s orders and written prescriptions while at VRCBVI. Students are required to sign the “VRCBVI General Medical Compliance Policy” form upon beginning their training at VRCBVI (A parent or legal guardian must sign for students who are under the age of 18).
- Students diagnosed with contagious medical conditions will be required to return to their home community.
- VRCBVI Case Manager will report all mandated health conditions to the Virginia Department of Health.
- Students who are required to return home due to medical conditions will notify the VRCBVI Case Manager and arrange to return home immediately. The DBVI VRCBVI Guidance Document 2024 VRCBVI Case Manager will notify VRCBVI staff and ensure that the referring VR Counselor or the Rehabilitation Teacher is informed.
- Students who have documented medical restrictions will be excused from class.
- If a student needs to be placed on light duty or bed rest due to a medical condition for more than one day, VRCBVI administration will decide of whether the student is allowed to remain at VRCBVI or will return home. It is the student’s responsibility to obtain the needed documentation from his or her healthcare provider and inform his or her instructors and VRCBVI Case Manager.
- Students are responsible for arranging with cafeteria staff to obtain their own meals when medical issues prevent them from being present in the cafeteria during scheduled meals. Cafeteria staff will not deliver meals to the dormitory.
- Students must follow their health provider’s treatment recommendation in order to limit the impact on their training program.
- Following illness or other medical restriction, a student must provide written documentation from his or her treating physician releasing the student to return to participation in VRCBVI programs.
Medical situations at night or on a weekend
- In the event a student has a medical emergency Monday through Friday between 5:00 PM and 8:15 AM or anytime on a weekend (e.g., trouble breathing, head injury, broken bone, unconsciousness, chest pain, seizures, or bleeding that will not stop): a. VRCBVI staff will call 911 and render first aid until medical assistance arrives. b. After calling 911 and as soon as reasonably possible, VRCBVI staff will contact the student’s parent(s) to advise them of the student’s medical emergency. c. The VRCBVI Director or Assistant Director(s) will immediately advise the DBVI Commissioner, the Deputy Commissioner for Services, and the Deputy Commissioner for Administration of the student’s medical emergency. Other VRCBVI staff will also be advised, including the Case Manager, the Health Educator, and Dorm staff.
- In the event of a non-emergency medical situation (i.e., when a student might need to go to an urgent care facility or the emergency room, but the situation is not such that ambulance transport is necessary, see above), the following procedures will be undertaken by staff:
DBVI VRCBVI Guidance Document 2024 a. Staff will contact the VRCBVI staff member who is “on call” for the week.
The on-call list, along with contact information, will be provided to all staff at the beginning of the LIFE and LEAP programs. b. If the on-call staff member is not available, staff will leave a voicemail, and then call the Assistant Director for Administration, the Assistant Director for Instruction, or the Director. If none of the VRCBVI administrators is available, staff will call the DBVI Deputy Commissioner for Services or the Commissioner.
- The on call staff person will assess the situation to include: a. If medical care is required, the on call staff person will contact the student’s parent(s) to determine what actions the parent(s) want initiated. b. If the parent(s) wish for the child to receive medical attention, the parent(s) will be asked to come take their child for treatment. c. If the parent(s) are not able to come to VRCBVI to transport the student to urgent care or the emergency room, a staff member will transport the student to the medical facility specified by the parent(s). The staff person shall take the parent’s signed consent for medical treatment, the student’s photo identification card, and insurance card to the specified medical facility. In all instances, students will be transported in a state vehicle. d. The staff member is responsible for staying with the student during the medical visit, and returning the student to VRCBVI afterward. e. Once the student and staff person are back at VRCBVI, the staff person is responsible for updating the parent(s). f. The staff person will also brief dormitory staff on any required follow-up. g. The staff person will complete an incident report and place a copy in the student’s file. The staff person will email the incident report to their supervisor. The Assistant Director will prepare a service note in AWARE describing the incident and notify the Vocational Rehabilitation Counselor. h. The on call staff person will follow up the next day to ensure the well-being of the student. i. Students placed on activity restriction will be allowed to rest and recuperate in either the health education classroom or their dormitory room. The VRCBVI Case Manager, Health Educator, or a member of VRCBVI management will be responsible for checking on the student throughout the day, including delivering meals to the student if he or she cannot go to the cafeteria, and for contacting the student’s parent(s) as needed.
DBVI VRCBVI Guidance Document 2024 Chapter 4 Residential
VRCBVI is committed to providing residential students with a clean, safe, and secure training environment. All students residing on campus are responsible for ensuring health and safety standards are met so that no students experience undue impact on their participation in training at VRCBVI. Students are expected to meet established room inspection requirements and standards for appropriate use of common areas.
A. Residential Overview
Dormitory Living
Living in the dormitory provides students with the opportunity to connect with their peers and put into practice the skills they have learned in the VRCBVI programs. Exposure to this style of living supports the student’s continued development of independence and skills for successful employment.
- Students must be full time participants in classes in order to reside in the dorm (Monday through Friday; 8:15 a.m. to 5:00 p.m.).
- Students live in suites, which are attached to a bathroom shared with one suitemate; VRCBVI administration assigns rooms and suitemates.
- VRCBVI staff inspect dorm rooms weekly.
- Residential students are expected to take care of personal and medical needs without assistance.
B. Independent Living Program
The Independent Living (“IL”) program provides students with the opportunity to reside in VRCBVI’s IL efficiency apartments in a comprehensive program lasting up to twelve weeks. Students are expected to apply learned nonvisual and/or low vision skills and techniques in a variety of situations in the three-phase IL program. VRCBVI’s Personal and Home Management (“PHM”) Department oversees the IL program. Students participating in the program will maintain frequent communications with these instructors regarding any matters pertaining to the program. The PHM Department will customize the program on a case-by-case basis to accomplish a student’s individualized VRCBVI goals.
C. Residential Living
Transportation to and from VRCBVI DBVI VRCBVI Guidance Document 2024 Students are expected to make their own arrangements for transportation to and from the VRCBVI campus. The student will discuss transportation needs with their VR Counselor and/or Rehabilitation Teacher as soon as possible after acceptance to VRCBVI once an entrance date has been scheduled. Financial support for transportation to and from VRCBVI may be available through the VR Counselor or the Rehabilitation Teacher.
Preparation for Participation in Services at VRCBVI
Required Items to Bring
Students will receive a welcome packet that includes a list of items they will need while participating in programs at VRCBVI. The referring VR Counselor and/or the Rehabilitation Teacher will ensure the student has reviewed the list prior to their entry date and has accumulated the necessary items. Additionally, the student may need other items not listed below given his or her specific situation. The student or the referring DBVI staff member must contact the assigned VRCBVI Case Manager with any questions regarding items the student wishes to bring to VRCBVI that are not on the required items list.
Prohibited items at VRCBVI
Without exception, students are prohibited from bringing the following items onto the VRCBVI campus:
- Alcoholic beverages or drugs
- Guns, knives, or other dangerous weapons
- Pets
- Heaters or appliances with an exposed heating element
D. VRCBVI Orientation to Dormitory
New Student Orientation (VRCBVI Case Manager): Students will be provided a campus orientation by their VRCBVI Case Manager within 24 hours of the student’s arrival at VRCBVI. The VRCBVI Case Manager will ensure all releases and waivers have been filled out and signed by the student, will ensure the students have a full understanding of confidentiality policies, and will explain the Case Manager’s role, as well as the role of other VRCBVI staff. The VRCBVI Case Manager will provide an orientation to the campus buildings and services, reviewing policies regarding safety, visitors, class schedules, etc. The VRCBVI Student Handbook will be reviewed, and any questions or concerns addressed. The student will sign the Student Handbook Review form acknowledging receipt and review of the Handbook.
New Student Orientation (Dormitory Staff): Dormitory staff will provide new students with an orientation to the dormitory and associated facilities (cafeteria, laundry room, DBVI VRCBVI Guidance Document 2024 etc.) upon their arrival at VRCBVI. Dormitory staff will ensure that all new students are provided with keycards/keys in order to access their suite, instructions regarding basic dormitory functions, dormitory schedules, safety and security information (including key staff contact information, visitor policies, etc.), and an orientation to campus facilities the student may need to access while receiving services at VRCBVI. The dormitory staff shall ensure that students fully understand VRCBVI’s expectations regarding maintaining appropriate health and safety standards in the dormitory.
E. Residential Life and Responsibilities
Students are expected to adhere to all policies and procedures as outlined in the VRCBVI Student Handbook throughout the student’s participation in training. While at VRCBVI, the residential student is using the dormitory as both a home and as an integral part of Personal and Home Management (PHM) training. Maintaining a clean, healthy, and safe dormitory environment, with students adhering to the dormitory rules and regulations, is necessary for all students to enjoy the full benefit of VRCBVI programs. Dormitory room inspections will be conducted weekly.
F. Residential Life and Responsibilities – Youth and Special Programming
VRCBVI regularly offers targeted programming for youth and others served by DBVI.
Residential policies and procedures for these programs are communicated to all students prior to attending.
LIFE Program (Learning Independence, Feeling Empowered)
Students participating in the LIFE program will be provided with an orientation to VRCBVI and expectations for participating in the program (LIFE Rules of the Road).
The student will sign the form acknowledging that the rules have been reviewed with them, and the student’s parent or guardian will sign the form if the student is under 18 years of age.
LEAP (Learning Excellence in Academics Program)
Students participating in LEAP will be provided with an orientation to VRCBVI and expectations for participating in the program (LEAP Rules of the Road). The student will sign the form acknowledging the rules have been reviewed with them, and the student’s parent or guardian will sign the form if the student is under 18 years of age.
G. Role and Responsibilities - Dormitory Staff
The dormitory staff have primary oversight responsibility for VRCBVI students who are residing in the dormitory during non-instructional hours, providing regular safety and DBVI VRCBVI Guidance Document 2024 security checks, monitoring ingress and egress of students, and ensuring compliance with dormitory policies and procedures. The dormitory staff are responsible for ensuring a welcoming, safe, and comfortable living environment that will allow VRCBVI students to utilize and enhance their independent living skills. Dormitory staff also provide supervision and supplementary instruction in skills of blindness for students in the dormitory during non-instructional hours.
Dormitory Staff Responsibilities
- Conduct new student orientations utilizing the Dormitory New Student Orientation Checklist.
- Complete the student health and medical information form for each new student, and save the document on the K drive.
- Conduct dormitory room inspections on a scheduled basis. Complete dormitory room inspection checklist.
- Supervise and reinforce Center instruction in skills of blindness during non-instructional hours.
- Ensure students comply with VRCBVI policies, procedures, rules, and regulations.
- Assist students with assignments.
- Promote independent travel skills and provide instructional support in the development of independent living skills.
- Ensure safety and security of the dormitory.
- Provide support regarding student health concerns, medical complications, or emergencies. 10. Write and submit daily dormitory reports to appropriate staff, reporting all significant information and observations.
Dormitory Room inspections
Dormitory rooms will be inspected on a scheduled basis by VRCBVI staff, utilizing the Dormitory Inspection Checklist. The staff member conducting the inspection shall:
- Inspect the dormitory room with the student present if possible in order to point out any areas of deficiencies during the inspection. If the student is unable to be present during the inspection, the student is responsible for following up with the dormitory staff to ascertain the results of the inspection.
- If the student is present for the inspection, he or she will be informed of the results at the time of the inspection.
- The completed Dormitory Inspection Checklist will be sent to the Assistant Director of Administration.
- The staff member will provide any necessary training or instruction (or re-instruction) as appropriate. The staff member will communicate the student’s training needs to the Assistant Director of Administration.
DBVI VRCBVI Guidance Document 2024
- Within 24-48 hours, the staff member shall re-inspect the rooms of students who did not pass inspection, and will communicate the results of those re-inspections to the Assistant Director of Administration.
H. Dormitory Computer Access and Use Policy
Students must sign VRCBVI’s Internet User Agreement form and be approved by a computer instructor before they are authorized to use the dorm computers.
Computer privileges for students may be revoked at any time if it is determined that, while they used the dormitory computer, any settings were changed. Additionally, if it is determined that a student downloaded illegal or pornographic materials, their privileges will be terminated immediately, and further disciplinary action may result.
I. Dormitory Visitors
Visitors are allowed on campus Monday through Friday from 5:00 PM to 10:00 PM, and Saturday and Sunday from 12:00 pm to 10:00 pm. All outside visitors are required to check in at the dormitory supervisor’s office immediately upon entering campus where they will be given a visitor’s badge. Visitors are required to wear the visitor’s badge at all times while on the VRCBVI campus.
J. Students Leaving the VRCBVI Campus
Students residing on the VRCBVI campus are required to sign out when leaving the campus and sign in upon their return.
When leaving and returning to campus, students must sign out and sign in 24 hours a day. Between 8:00 AM – 5:00 PM students are to sign on/off campus at the front desk of the Administrative Activities building. Between 5:00 PM and 8:00 AM and on weekends, students sign on/off campus with the Dormitory Supervisors.
Students departing from VRCBVI overnight are required to turn in their VRCBVI photo ID keycard at the Administrative Activities building front desk or the Dormitory Supervisor’s Office prior to leaving campus.
DBVI VRCBVI Guidance Document 2024 Chapter 5 Campus Security and Facility Use
A. Security of the Azalea Avenue Complex (AAC)
DBVI provides campus security for the Azalea Avenue Complex (AAC), which includes VRCBVI, 24 hours per day, seven days per week. The DBVI Facilities Manager is responsible for AAC security. Security incidents or concerns shall be reported to the Facilities Manager. VRCBVI staff will report any concerns to their immediate supervisor or to VRCBVI Administration. Students must report any concerns to any VRCBVI staff member. Dormitory staff shall report any security incidents that occur between the hours of 5 p.m. and 8:15 a.m. to the Facilities Manager, as well as VRCBVI Administrative staff. In the event of an emergency, VRCBVI staff will contact local law enforcement as appropriate.
Possession of Firearms on campus (Per 1VAC30-105-40. Possession of Firearms Prohibited) Possession or carrying of any concealed firearm by any person is prohibited in state offices. Entry into a state office in violation of this prohibition is expressly forbidden.
This prohibition does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm. Additionally, Commonwealth of Virginia Executive Order (Number 50: 2015) prohibits open carry of firearms on the campus of
VRCBVI.
Culture of Safe and Secure Campus Life
VRCBVI supports a safe and secure culture for students and staff that is free from discrimination, harassment, sexual or other assault or abuse, and other criminal activity.
- Criminal activity, including drug possession or use, harassment, and sexual or other assault or abuse, will not be tolerated by the DBVI administration. Any such incidents will be reported to the Henrico County or State Police as required by local, state, or federal law.
- Students who participate in illegal activity will be barred from the VRCBVI campus and their training at VRCBVI will be terminated.
- Students who have knowledge of or who experience incidences of harassment, sexual or other types of assault, or other criminal activity are expected to alert VRCBVI administration and the Henrico County Police of such information.
DBVI VRCBVI Guidance Document 2024
- Student’s personal information will be protected within the confines of local, state, and federal law and regulations.
Campus Safety and Security
The safety of students and the security of the campus community are of vital concern to the VRCBVI administration. In an effort to maintain a safe and secure environment, DBVI employs security officers who are on campus 24 hours per day.
Security measures on the VRCBVI campus include use and monitoring of video cameras that are strategically placed around the campus. Video cameras are not placed in private areas such as bathrooms, dorm rooms, or locker rooms.
Students are encouraged to keep their dorm room doors closed and locked when they are not in their rooms.
Students must not allow unidentified individuals into their rooms or into any campus buildings at any time for any reason.
Students are not allowed to have the following items in their dorm rooms or on campus at any time for any reason:
- firearms (real or look-alike)
- ammunition (live or spent)
- dangerous weapons or any item that can be used as a weapon.
- knives (other than for the purpose of cooking)
- explosives or fireworks
- handcuffs or other restraining devices
- candles, incense, or flammable fuels
- pornographic materials shared or displayed in plain sight
- gang or drug paraphernalia
- alcohol
- unauthorized prescription drugs
- drugs or look-alike drug substances
Students who are in possession of prohibited items are subject to all county, state, and federal laws and regulations, including interaction with law enforcement as needed.
Possession of prohibited items may result in termination of training at VRCBVI.
Identification
- VRCBVI staff and students in VRCBVI training programs will be provided with easy to recognize photo identification keycards and lanyards.
DBVI VRCBVI Guidance Document 2024
- Students and staff will wear their photo ID keycard at all times while on campus participating in VRCBVI training, programs, and activities. For ease of identification and safety, students are requested to ensure that their IDs are visible at all times.
- VRCBVI staff, students, and visitors shall not obscure themselves in any way that prevents visual identification. Sleep shades used for training are not considered masks.
B. Emergency Action Plan and Drills
Fire Drill Action Plan
- VRCBVI conducts emergency and fire drills on a routine basis. Students will be provided with information about how to respond during their orientation to VRCBVI. Flashing lights are mounted within dorm rooms where deaf and hard of hearing students are residing.
- Students and staff are required to proceed directly to secure areas when emergency or fire drills occur. Staff will physically check classrooms, bathrooms, dormitory rooms, etc., to ensure all students have evacuated.
- Students and staff will remain in the secure area until informed by VRCBVI administration that is safe to return to the VRCBVI facilities. Staff will take roll of the students in their secure area to ensure all students and staff are accounted for.
Tornado Drill and Emergency Procedures
- During a tornado warning or drill, an air horn will sound.
- Students and staff will gather in each building’s designated safe areas.
Inclement Weather
In the event of inclement weather, the Governor’s office will make the decision to close state offices in the Richmond area, including VRCBVI. The VRCBVI Director will monitor the DHRM website and will work with VRCBVI Assistant Directors to notify staff of agency closings or delayed openings. Since VRCBVI is a residential program, there are students on campus most of the year 24 hours a day, seven days a week. The VRCBVI Director, in consultation with the Deputy Commissioner for Services or the DBVI Commissioner, is responsible for closing decisions after 5 p.m., on weekends, or on state holidays when the Center is open.
DBVI VRCBVI Guidance Document 2024 If VRCBVI is closed due to inclement weather, all VRCBVI classes are cancelled.
Dormitory staff and cafeteria staff will be responsible for maintaining necessary staffing of VRCBVI during this period.
C. VRCBVI Campus Building Use Policy
Individuals who desire to use one of VRCBVI’s meeting/conference rooms (North Conference Room, Assembly Room, Braille Library) will contact the Front Desk at (804) 371-3151 to check availability and make a reservation. Email inquiries and requests for reservations can be made to the VRCBVI Executive Secretary or the designated administrative support staff. DBVI will provide individuals who receive approval to use one of VRCBVI’s meeting spaces with policies and procedures pertaining to use of the facility.
Swimming Pool
Swimwear is appropriate to wear only in the swimming pool area. Staff and students may not wear swimwear outside of the swimming pool area or on the walkways without a cover up. When sunbathing, students will wear a cover up traveling to and from the area. Locker rooms are available for students to change.
Fitness / Weight Room
- T-shirts with sleeves are required.
- Students may not wear workout clothing that shows the midriff or has slits down the side.
- Students must wear shorts, sweatpants, or other workout pants that are at least mid-thigh long. No short shorts allowed.
Gymnasium
In addition to typical gymnasium activities, meetings and other special events are held here. Food or drinks are not allowed in the gym.
- Students must dress appropriately for the activity in which they plan to participate, whether it is bowling, pool, goalball, or any other recreational activity.
Midriffs must be covered, undergarments must not be showing, and pants must be at least mid-thigh length.
- Students may play portable stereos/CD players on the back patio as long as the volume is reasonable and the content (profanity, distasteful language) does not offend or annoy other students, VRCBVI staff, or visitors.
- Students must use headphones with phones and CD/DVD players when inside the VRCBVI buildings.
D. Service Animals/Dog Guides DBVI VRCBVI Guidance Document 2024 Per the Americans with Disabilities Act (ADA), a service animal (including dog guides) is defined as any dog that is individually trained to do work or perform tasks for benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability.
Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Under Title II and III of the ADA, service animals are limited to dogs. VRCBVI does not permit any animals other than dogs as service animals for students participating in services at VRCBVI.
Note: Revised ADA regulations have a provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. However, the regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. VRCBVI is not equipped to accommodate a miniature horse per the assessment factors above and so they are not permitted as a service animal.
Owner/Handler Responsibilities
The student who requires a service animal while receiving services at VRCBVI assumes responsibility for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the student does not control the animal, VRCBVI may make the determination that the animal is no longer permitted. Examples of lack of control of the animal include, but are not limited to, uncontrolled barking, jumping on other people, or running away from the student. Additionally:
- The dog must be housebroken.
- The student is responsible for the care and supervision of the dog, including cleaning up after the dog.
- The animal must be vaccinated in accordance with state and local laws.
Service animals other than dog guides may be permitted for students on a case-by-case basis (as determined by the VRCBVI Director) under the following conditions:
DBVI VRCBVI Guidance Document 2024
- The animal is required to accommodate the student’s disability. Documentation from a medical doctor or treating therapist or mental health practitioner that there is a disability related need for the service animal is required.
- The animal has been trained to provide the necessary supports and services to allow the student to effectively participate in services at VRCBVI.
DBVI VRCBVI Guidance Document 2024 Chapter 6 VRCBVI Programs and Services
VRCBVI programs and services integrate independence skills development with marketable, relevant employment skills, in order to ensure that individuals develop their maximum desired employment capabilities; to prepare them for entry into or to maintain their current role in the 21st century workforce. The VRCBVI training curriculum in all instructional areas will include employability skill development.
Overview VRCBVI is committed to creating an environment that is conducive to each student’s growth, including the acquisition of skills, which will lead to greater employment opportunities and independence in everyday life. The training programs at VRCBVI are designed to meet the specific needs of the student. Transition students can attend the LIFE program (Learning Independence, Feeling Empowered) and LEAP (Learning Excellence in Academics Program), both of which are pre-employment transition services programs (Pre-ETS). VRCBVI also offers services to individuals age 55 and older who are blind and vision impaired (Senior Retreat). In addition to these programs, VRCBVI regularly offers short-term programs to meet the current needs of the individuals DBVI serves.
VRCBVI offers a core curriculum, which is required for all full-time residential students as described in this guidance document.
The student’s training team will work with the student to determine training strategies, nonvisual or visual, that will work best to meet the individual needs of the student.
VRCBVI utilizes a Core Classes and Content spreadsheet which outlines the core competencies for each area of VRCBVI training and the average number of hours it would typically take to reach those competencies.
Full time students are expected to participate in all core classes (Orientation and Mobility, Personal and Home Management, Braille, Keyboarding/Computer, and Access Technology). Other classes, such as Health Education, and Adult Basic Education are taken only as its determined necessary (following the evaluation period).
Following an evaluation period, if it is determined the student does not require continuing with a specific class, other optional classes may be taken. A full-time residential student is required to take classes for 40 hours per week (8:15 a.m. – 5:00 p.m.). Full-time commuter students are required to take 25 hours or more, while part-time students take classes for 24 or less hours per week.
Training Approaches
VRCBVI provides a comprehensive adjustment to blindness training program through two training approaches: an approach using whatever residual vision the student has DBVI VRCBVI Guidance Document 2024 and a nonvisual approach. DBVI policy requires that students be given the opportunity, through an informed choice process and in consultation with VRCBVI staff, to determine which training approach (or a combination of both) will best meet their needs. Students are not required to choose only one method or the other; a student may wish to pursue training in some training areas using low vision aids and strategies while in another choose the nonvisual approach. Another example would be a student who chooses to use sleep shades while in classes, but not use them outside of training.
Once an applicant has been accepted to VRCBVI, the prospective student is given the opportunity to determine the training approach they wish to utilize while participating in training at VRCBVI. The student may make the decision during the pre-admission conference phone call (prior to beginning training at VRCBVI), may defer the decision until they begin training, or may change their training approach once training has begun.
Training will be initiated using the visual approach for students who are undecided and have usable vision. The referring VR Counselor or Rehabilitation Teacher will be an active participant in the decision, but with the understanding that the decision rests with the student to the extent that safety is not a concern.
Role of VRCBVI Staff in the Informed Choice Process
The VRCBVI student must be given appropriate and necessary information from which to make an informed choice as to the training approach that best serves him or her.
At the point of the pre-admission conference call, staff’s information will be limited to referral information. VRCBVI staff may not have enough information to provide effective guidance and counseling for students who may have some usable vision as to the most appropriate training approach. However, as the VRCBVI instructors begin to work with the students in training, particularly during the initial evaluation period, they will be able to offer recommendations that are more specific.
Staff counsel regarding training approach must always start with the student’s choice.
However, two factors that must be considered in any recommendations to the student are:
- The ability of the student to effectively use their residual vision in order to acquire the basic skills and competencies needed in each training area; and;
- Any student safety concerns VRCBVI staff identify while providing training.
VRCBVI instructors who assess that a student is not demonstrating progress in a particular class may recommend that the student utilize nonvisual training or a combination of both nonvisual and visual training in order to maximize skill development. While the student retains the right to choose their training approach, it is the responsibility of VRCBVI staff to provide the student with information based on their training, education, and direct experience with the student such that the student may make the best choice for themselves.
DBVI VRCBVI Guidance Document 2024 In some circumstances, an instructor may observe that the student’s choice of training approach raises safety concerns. For example, a student in Orientation and Mobility may choose visual training, but the instructor observes that the individual cannot safely cross the street using their vision. A student in Personal and Home Management who struggles with the use of an oven and stove burners may find nonvisual approaches allow them to learn techniques to safely utilize these appliances. In these situations, the instructor must consult with the Assistant Director for Instruction and the VRCBVI Director in order to inform them of their concerns. If there is consensus that continuing with the student’s chosen instructional approach creates a safety risk, the student’s VR Counselor or Rehabilitation Teacher must be informed of VRCBVI’s concerns. A meeting with the student, VR Counselor or Rehabilitation Teacher, and VRCBVI staff (Director, Assistant Director for Instruction, instructor(s)) will be held to determine what training approach will be offered to the student given the safety concerns. VRCBVI may determine that they are unable to serve students who are unwilling to agree to a training approach that reduces or eliminates VRCBVI’s safety concerns.
Guidance: VRCBVI staff must honor the student’s choice regarding a training approach. However, there are situations where VRCBVI staff have assessed that the student’s choice may not best meet their needs. In situations where the student is not progressing using the training approach they have chosen, or where there are safety concerns, VRCBVI staff have an obligation to provide guidance and counseling to assist the student in identifying other options that will allow them to be more successful and safe in their training. In addition, some students, particularly transition-aged students, may have no experience from which to make an informed choice. Providing the student with opportunities to experience training through nonvisual and visual approaches empowers the student to appropriately identify the approaches that work best for them.
However, in no situation will VRCBVI establish requirements (either explicitly or implicitly) that require students to utilize a particular training approach while receiving services at VRCBVI.
A. VRCBVI Training Objectives
- Integrate an employment focus into all skill development, providing students with opportunities to apply those skills while in training.
- Maximize skills to meet changing workplace needs, ensuring skills taught at VRCBVI align with and are relevant to workforce needs and opportunities.
- Provide students with employment experience and exposure.
- Build business input into the design and delivery of employment skills.
B. Access Technology and Other Necessary Devices for Training
VRCBVI is not responsible for purchasing or providing any necessary low vision aids, access technology, or other devices that the student requires in order to effectively participate in training at VRCBVI. As such, it is imperative that the VR Counselor or Rehabilitation Teacher ensures any necessary assessments or evaluations are DBVI VRCBVI Guidance Document 2024 completed, the technology, aid, or device is purchased, and the student has been provided adequate training prior to beginning training. However, in some circumstances an instructor may determine after the student is already participating in training that the student requires specific access technology devices or low vision aids to participate in VRCBVI’s classes. Prior to any recommendation for the purchase of a device, an assessment must be completed, either by the appropriate VRCBVI instructor or through other DBVI technology staff.
Upon completion of the assessment, a recommendation (either by the instructor or by DBVI technology staff) will be made to the VRCBVI Case Manager. The VRCBVI Case Manager will review the recommendation and communicate the recommendation to the VR Counselor or Rehabilitation Teacher who will make a determination as to whether or not the device is necessary to support the individual’s vocational goal. They will make any necessary amendments to the student’s IPE and will arrange to purchase the device for the student.
C. Short-Term Employment Readiness Training
VRCBVI will periodically schedule short-term employment readiness training aimed at enhancing the student’s employment related skills. Training will address career readiness and job-seeking skills, including job interviews and job applications, and participants will have the opportunity to practice those skills through participation in employer events. Specific admission requirements for these programs will be determined by VRCBVI management and staff and communicated to the Regional Offices. In general, the programs target individuals who are open to Vocational Rehabilitation services, are adults (18 years or older), are independent in their personal care, medical care, and medication management, and are actively seeking employment (or will be in the near future).
Following completion of the employment readiness program, VRCBVI staff will develop a written evaluation of their assigned students’ participation in the program, which will be provided to the referring VR Counselor.
D. Employment Readiness Training Assisting students with becoming employed in competitive, integrated work settings is an essential component of training at VRCBVI. Employability related skills are integrated into all classes at VRCBVI. For example, while a possible goal of computer training is to learn MS Office Suite, email, and internet, using the class for resume development, online applications, and other work related documents to enhance job-seeking skills is also an important part of the programming. As schedule permits, VRCBVI staff participates in the development and coordination of individualized job readiness and employability development services. Services may include career exploration and counseling, job seeking skills, and other related pre-employment and employability skills, such as the soft skills required to be successful at work.
DBVI VRCBVI Guidance Document 2024 VRCBVI Case Management Services Each student is assigned a VRCBVI Case Manager while in training at VRCBVI. The VRCBVI Case Manager provides initial orientation via a pre-admission conference call with the student and Rehabilitation Teacher/VR Counselor. The VRCBVI Case Manager also provides the student with an orientation on their first day of training at VRCBVI. The VRCBVI Case Manager explains and clarifies student, field, and VRCBVI expectations for training, as well as program policies and expectations. Additional functions of the Case Manager include, but are not limited to, facilitating communication between VRCBVI staff, field staff, and the student by providing regular progress updates, scheduling and conducting evaluation, progress, and final staffings, and being available to answer questions and address training concerns of the student, VRCBVI staff, or field staff. The VRCBVI Case Manager assists with securing any resources or services needed for participation in VRCBVI training, and may provide supportive individual counseling as needed. The VRCBVI Case Manager may also assist in coordinating community based counseling when long term mental health needs arise that must be addressed in order to promote the student’s ability to complete training successfully.
E. VRCBVI Low Vision Services
VRCBVI provides limited case management and coordination support services for students requiring DBVI low vision services. VRCBVI low vision case management support services may include:
- Functional visual acuity assessment by the VRCBVI Low Vision Case Manager;
- Case management support of the student participating in a low vision examination through DBVI Low Vision Services while at VRCBVI;
- Access to low vision aids (if available) for assessment/trial use while in training at VRCBVI;
- Follow-up case management to determine usefulness of low vision aids.
F. VRCBVI Individualized Plans, Staffings, and Reports
Purpose: To present feedback and training recommendations.
VRCBVI Individualized Evaluation and Training Plans
VRCBVI utilizes the VRCBVI Individualized Plan form throughout the student’s training.
The form is an Evaluation Plan initially and then is updated once the evaluation phase has been completed and becomes the student’s Training Plan.
VRCBVI’s Case Manager is charged with the development of each student’s Individualized Plans (Evaluation and Training). The plans are developed by the VRCBVI DBVI VRCBVI Guidance Document 2024 Case Manager with the student’s active participation, as well as participation by the referring Rehabilitation Teacher or VR Counselor. The plans include the student’s vocational goal (per their IPE) and the student’s goals for each of the training areas the student will be participating in while at VRCBVI. The plans must be signed by both the VRCBCI Case Manager and the student (or student’s representative, as appropriate).
The signed plans will be placed in the student’s VRCBVI file. A copy of the plans will be provided to the student, the referring VR Counselor or Rehabilitation Teacher, and the appropriate VRCBVI instructors.
VRCBVI Evaluation Staffing/Update of Individualized Plan
At the completion of the evaluation period, a staffing is held with the student, instructors, the VRCBVI Case Manager, and the referring DBVI staff member. Other relevant VRCBVI staff, such as the Health Educator, will participate in the staffing as appropriate. The VRCBVI Case Manager is responsible for leading the staffing process, including communicating the staffing schedule in advance. The results of the evaluation are reviewed with the student, and the Individualized Plan (Evaluation) is amended to become the student’s Individualized Plan (Training). The Individualized Plan (Training) is reviewed with the student by VRCBVI Case Manager and must be signed and dated by both. The student will be provided with a copy of the plan, as well as the referring VR Counselor or Rehabilitation Teacher, and VRCBVI instructors. .
Report Documentation Requirements
A student’s performance is documented throughout his or her training at VRCBVI by the instructors. Each student will have an evaluation report and a final report. The instructors will document for each student with whom they work an evaluation of the student’s performance level and specific recommendations for each training area, including training goals. The reports will also include behavioral observations, such as soft skills strengths and challenges, job readiness skills, punctuality and attendance, etc. The report is based on information provided by the instructors.
The reports identify specific performance level goals for each class area. The reports will include the student’s performance level as assessed initially by the instructor (performance entry level), and must include the instructor’s evaluation of current performance level and a performance goal level. Performance levels reflect the degree of independence or supports required in meeting core competencies for each class.
The performance levels are:
1 = Unable to Perform 2 = With Assistance (Physical) 3 = With Supervision & Assistance 4 = With Supervision (Verbal) 5 = Independently without prompts DBVI VRCBVI Guidance Document 2024 G. Training Progress (Staffings)
Purpose: To present ongoing feedback regarding student’s progress toward training goals and additional training recommendations, if any.
VRCBVI Instructors, the VRCBVI Case Manager, and other VRCBVI staff as necessary will provide students with ongoing constructive feedback throughout the time they are in training. This will ensure that both the student and the referring DBVI staff member are formally apprised of the student’s progress in training. VRCBVI will hold staffings every four to six weeks for each student to review the progress the student is making on the goals identified from the Individualized Plan (Training). The VRCBVI Case Manager is responsible for monitoring and coordinating the staffing process for all students so that each student is staffed within the identified time frames. The VRCBVI Case Manager must provide written notice of staffings in a timely manner prior to the staffing date.
The VRCBVI Case Manager will assume responsibility for overseeing the staffing process. The staffing will include the VRCBVI Case Manager and the student; the VR Counselor or Rehabilitation Teacher will participate to the extent feasible. Other relevant VRCBVI staff, such as the Health Educator or the Assistant Director for Instruction, may participate as required. The student’s Individualized Plan (Training) will be reviewed and amended based on the results of the staffing. Both the student and the VRCBVI Case Manager will sign and date the amended training plan.
If there are any specific areas of concern from the staffing (e.g., behavioral concerns, significant lack of progress, etc.), the VRCBVI Case Manager will contact the referring DBVI staff member. A specific plan of action will be developed in consultation with the student, instructors, VRCBVI Case Manager, and the VR Counselor or Rehabilitation Teacher such that the student is able to continue their training and move toward a successful outcome. Time sensitive areas of concern (e.g., alcohol or substance abuse concerns, student stops attending classes, etc.) will be communicated to VRCBVI management and to the referring DBVI staff member as soon as possible.
H. Completion of Training Program at VRCBVI
VRCBVI’s objective for training is to ensure to the extent practicable that students receive the necessary training and instruction to meet their training goals. The student’s progress is continuously monitored, with regular progress reviews in all areas of instruction.
A final staffing is conducted at the completion of the student’s training at VRCBVI. The determination of training completion is individualized, with input from the student, student’s instructors, the VRCBVI Case Manager, the referring DBVI staff member, and other VRCBVI staff. Considerations include the degree to which the student has essentially met their performance goals in each area of training, or the degree to which the student has maximized their ability to benefit from further training at VRCBVI.
DBVI VRCBVI Guidance Document 2024 The VRCBVI Case Manager is responsible for coordinating and facilitating the final staffing. The staffing will be held prior to the student leaving VRCBVI or will be held via telephone if the student has already left VRCBVI. Participants in the staffing will include the referring VR Counselor or Rehabilitation Teacher, the student, the VRCBVI Case Manager, the student’s instructors, and other relevant VRCBVI staff as necessary. The staffing will summarize the student’s performance at VRCBVI for each of the training areas, note performance levels achieved, and make recommendations for the student’s next steps as they leave VRCBVI. Recommendations are to be made in the context of the student’s goals – participating in post-secondary education or training, increasing independent living skills, pursuing or returning to employment, etc. These recommendations become the basis for the “Center to Field Action Plan” for each student, which contains a set of individualized recommendations for the student to continue to build on once they leave VRCBVI.
I. VRCBVI Final Report
Within 30 days of the student’s completion of training at VRCBVI a VRCBVI Final Report is developed. Instructor reports are due to the VRCBVI Case Manager within seven days of the student’s departure. The final report is sent to the referring DBVI VR Counselor or Rehabilitation Teacher to be reviewed by them with the student. The report must include:
- An evaluation of the student’s performance in each of the classes;
- The number of hours of instruction in each area;
- The performance level that the student attained as compared to the planned performance goal level, and;
- Specific recommendations for the student regarding continued work to reinforce or maintain acquired skills and/or continue to improve on the areas in which instruction was provided (“Center to Field Action Plan”).
Center to Field Action Plan: Transitioning from VRCBVI to Home
In addition to the VRCBVI Final Report, VRCBVI staff collaborate on developing a Center to Field Action Plan, which is sent to the referring DBVI staff member and the student. This plan identifies for each area of instruction the specific next steps/homework for the student. It is intended to provide a specific “roadmap” for the student and the referring DBVI staff member to follow once the student has completed training at VRCBVI. Next steps/homework may include:
- Specific activities the student should engage in to solidify and enhance skills levels;
- Health related activities and other behaviors the student should engage in, and;
- Employment readiness and development activities in which the student should consider participating.
DBVI VRCBVI Guidance Document 2024 Following discussion with the student, staff will prepare the “Center to Field Action Plan.” The completed plan will ideally be reviewed with the student prior to them leaving VRCBVI. However, if this is not feasible, the plan will be emailed to the student.
The referring VR Counselor or Rehabilitation Teacher will review the “Center to Field Action Plan” with the student upon their return from VRCBVI.
J. VRCBVI Training Program Criteria for Completion of Training Program
VRCBVI’s goals are to build each student’s skill proficiency, promote independence, and develop self-confidence. Participation in training also assists in the development of the student’s critical thinking and problem-solving skills as they develop the necessary tools and skillsets. To this end, VRCBVI staff, in consultation with the student, develops an individualized training plan. Throughout VRCBVI training, the student is working on established performance goals, with regular progress reviews conducted with the instructors and VRCBVI Case Manager. Establishing a time frame for the completion of the student’s program is an essential part of the student’s training plan.
As performance goals are established, there must be discussion with the student regarding completion of the program. The training plan must be tailored to each student’s strengths, needs, and training goals, with realistic expectations for timeframes and progress towards those goals. A targeted completion date or timeframe for the student helps to establish clear expectations for both the student and the instructors, with the understanding that both training goals and completion dates may be modified, as needed.
Determining when a student has completed training at VRCBVI involves many factors; including, but not limited to: the student’s progress toward reaching his or her goals, the number of hours in training, student’s participation in training, student’s skill development, attainment of performance goals, and ultimately successful completion of training. While every student may not achieve all of the goals he or she established when beginning training at VRCBVI, there is nevertheless significant benefit achieved throughout the training program. For example, a student who may not have fully mastered independent use of public transportation while at VRCBVI has likely achieved significant milestones in their quest for independence. Training at the Center is not the end; it is the beginning foundation for the student to build on through a life-long learning process.
VRCBVI has established core standards for training hours as a guideline to be considered in the context of the student’s performance. These standards are not intended to be a hard goal but are rather a benchmark to be considered among many other factors in the context of the student’s performance. No student should have their training program ended simply because they failed to achieve a certain competency level within a prescribed number of hours. Instead, the student is given every opportunity to continue in the class as long as identified progress is being made.
DBVI VRCBVI Guidance Document 2024 VRCBVI instructors and management will use the factors below as a tool to assist in planning for the completion of the student’s training program. Instructors, the VRCBVI Case Manager, the referring VR counselor or Rehabilitation Teacher, and other relevant VRCBVI staff will utilize the regularly scheduled staffings (to include the student) for making any determinations regarding a student’s continued participation in specific classes or completion of VRCBVI training. In the event a determination must be made in a time sensitive manner, the VRCBVI Case Manager will schedule a staffing as soon as possible. The Center Director retains the right at any time to suspend or terminate services for a student at VRCBVI.
Students must be active participants in the decision making process to end their participation in a specific class or classes or to end their program at VRCBVI. While it is not required that a student agree with any decision to end a class or training, achieving a consensus among all participants in the decision-making process is always the goal.
VRCBVI staff must at all times adhere to the “Guiding Principles” found in Chapter 1 of this manual. Students have a right to appeal any decision to suspend or terminate services.
Program Completion Criteria
- Has the student met or exceeded established their performance goals for training?
- Has the student identified that he or she is satisfied with the goals met while in training and chosen to complete his or her program?
- Has the student’s performance plateaued and additional training hours have not resulted in any further measureable skill gain? Has there been an attempt to implement various training strategies or options to improve performance?
- Has the student met or exceeded the training goals that are consistent with their vocational goal (e.g., student who will be pursuing employment in an area where keyboarding is not an essential function and has met minimum employment related keyboarding standards)? Despite the current vocational goal, does the student appear to have the aptitude to achieve additional skills if their training were to continue (which could result in the development of a new vocational goal)?
- Are there any disability specific issues that are significantly affecting the student’s ability to participate effectively in VRCBVI programs (e.g., diabetes related medical issues, mental health concerns, etc.) that need to be addressed further outside of the VRCBVI residential training setting?
- Does the student no longer meet VRCBVI’s core admission criteria (e.g., evidence of active substance abuse, significant behavioral issues, inability to manage personal hygiene, etc.)?
DBVI VRCBVI Guidance Document 2024 K. VRCBVI Training – Core Curriculum
As previously noted, a full-time residential student at VRCBVI is expected to participate in classes consistent with a typical eight-hour workday. Their schedule will consist primarily of core curriculum classes and any additional classes (such as Health Education) determined necessary for the student. Classes generally will be in two-hour hour blocks. In some cases, a student who has met performance goals in other classes may require additional training time in a specific class (e.g., Keyboarding). With approval from the Assistant Director for Instruction, a student may be permitted to take additional hours of a specific class. For example, a student may be approved to take two classes of Keyboarding in a day. However, approval is contingent on space availability and on the student continuing to demonstrate performance progress in the class, i.e., that they are continuing to benefit from the additional hours of class time.
Personal & Home Management (“PHM”) Students will learn to cook from scratch, clean and maintain a home, and take care of laundry, banking, budgeting, shopping, and other related skills needed to live independently. While working in the kitchen, students will learn to organize and label food items and spices. This department also provides supervision and guidance for the independent living apartment experience.
Orientation & Mobility (“O&M”) or Cane Travel
Students will learn to travel independently using a long rigid cane in familiar and unfamiliar areas, in residential and urban areas, using all modes of public transportation with ease and confidence, locating business addresses, and shopping independently with and without a shopping assistant.
Braille
Braille provides a tool for literacy for some individuals who are blind, vision impaired, or DeafBlind. Students will learn labeling techniques for food items and appliances in the kitchen, and will learn how to take notes for presentations and phone messages for employment, school, or personal use. Students may want to return to reading for pleasure or learn to proofread resumes using Unified English Braille (“UEB”). The use of the slate and stylus is taught, which is equivalent to using pen and paper. Students may focus on increasing reading speed and fluency. Students who already know Contracted Braille will perfect their use of the tools to increase proficiency and accuracy in reading and writing.
Access Technology (“AT”) Services
Access Technology: Students get hands-on experience learning to use digital recorders and playback machines, refreshable Braille devices, and Braille note takers.
DBVI VRCBVI Guidance Document 2024 Students receive training on their own device, whether it is an iPhone, iPad, iPod, Android phone, a Macintosh computer, or tablet.
Keyboarding/Computer: VRCBVI AT instructors ensure that students learn to touch type so they are prepared to move into Computer class. Whether students use JAWS, Window Eyes, Magic, or Zoom Text, they can gain the skills necessary to pursue their career goals. They can gain experience with any version of Windows, whether it is Windows 7, Windows 8, or Windows 10. They will learn how to use Microsoft Office to perform necessary tasks at home, on the job, or at school.
Additional Training Classes
Adult Basic Education (“ABE”) Academic classes to meet the individual needs of students may include academic refresher, GED preparation, advanced degree test preparation, and in some cases English as a Second Language (“ESL”). Students will be assessed using appropriate academic testing tools. Training is developed to meet the student’s individual goals.
Conversations About Blindness (“CAB”) VRCBVI holds weekly discussion groups bringing staff and students together to share common experiences and explore personal and public perceptions about blindness.
This class provides thought provoking conversations about living with vision loss and becoming successfully employed. The class will also help students learn to advocate for opportunities and responsibilities, and to demonstrate their capabilities and talents to themselves and family and friends. Students, VRCBVI staff, or guest presenters may lead CAB discussions. At various times throughout the year, students will have the opportunity to work on teams to develop presentations that will be given during CAB.
Health Education Services Health education services are provided on an as-needed basis to students who need to learn how to manage their diabetes and other health related needs more effectively.
L. Student/Youth Programming (Pre-Employment Transition Services) Learning Excellence in Academics Program (“LEAP”) LEAP provides rising high school juniors and seniors and recent (within the past year) high school graduates the opportunity to assess their college-readiness skills. Students who have an interest in the fields of science, technology, engineering, math and health (STEM-H) are highly encouraged to participate in LEAP, although students do not have to have a STEM-H vocational goal to participate in LEAP. Classes are taught by college professors and/or graduate students and are graded according to collegiate DBVI VRCBVI Guidance Document 2024 standards (not reflected on transcript). LEAP enhances the student’s awareness of the academic and blindness-related demands of college, and provides the student with the opportunity to evaluate his or her ability to manage time and priorities. Housing is provided either in the VRCBVI dormitory or off-campus.
LEAP is offered annually during the summer. There must be at least six (6) accepted students.
Students must meet VRCBVI basic admission criteria (except age requirement) and;
- Must be blind or vision impaired
- Be a rising junior or senior in high school or a recent (within the past year) high school graduate
- Have access to and ability to use an existing E-mail account (Gmail, Yahoo, AOL, etc.)
- Have a laptop and the skills to use the device to read emails, compose and send emails including attachments, navigate the internet, produce word processing documents, and access and navigate online courseware platforms (such as Blackboard)
- Have a method for and be prepared to take written notes during class
- Be able to participate in the full program
- Be able to participate in a program that is group structured
- Be able to take care of his/her own personal care needs
- Be able to travel independently, crossing controlled and uncontrolled intersections Additional LEAP Admissions Considerations
- LEAP will serve individuals with the Most Significant Disabilities (MSD) as a priority
- LEAP is a Pre-Employment Transition Services program (Pre-ETS). Students who have been determined by the VR Counselor as Potentially Eligible (PE) are eligible for LEAP.
- Students who are being referred by the DBVI Educational Services Coordinator must ensure that the student is either open for VR services or has been established as Potentially Eligible.
- Individuals who have never participated in LEAP will be served as a priority over individuals who have previously participated NOTE: Students who are Potentially Eligible (PE) may be served by LEAP but may not be served by any other VRCBVI programs (other than the LIFE program).
LEAP Application Process The application process, application deadlines, and programming dates will be provided during the year by VRCBVI staff. Applications are accepted until the program reaches a DBVI VRCBVI Guidance Document 2024 capacity of fifteen students or until the application deadline, whichever comes first.
Contact the Coordinator of Community Engagement or the VRCBVI Director for more information, or see the VRCBVI home page on the internet. https://www.vrcbvi.org/programs.htm The LEAP application and acceptance will be a four-step process:
1. Student will complete and submit the following:
- online LEAP application
- high school academic transcripts documenting GPA of 2.5 or above
- two letters of reference
- personal statement of 250-500 words with your full name and the words “LEAP” as the heading. Information regarding the student’s academic/career goals, interest in the fields of science, technology, engineering, math and health (STEM-H), and why he/she is applying to this program will be included.
- The DBVI health checklist/general medical examination form signed by a doctor.
- An eye report signed by a doctor The DBVI health checklist and eye report do not need to be submitted if the student has submitted those forms to participate in a previous VRCBVI program.
The student or his/her parents will need to submit a statement indicating that nothing has changed since the last forms were submitted.
- For students selected for an interview, phone interviews will be conducted within three weeks of the application deadline.
- Students will be notified of their acceptance status.
- Accepted students must complete forms and waivers, issued by VRCBVI, by dates outlined in program flyer.
If the applicant has a DBVI VR Counselor, the counselor will be notified of the applicant’s acceptance into LEAP, at which time the counselor will need to complete a DBVI Service Authorization and submit it to VRCBVI.
LEAP Student Expectations and Responsibilities
Each student, prior to attending LEAP, will be provided with written participation policies, processes and expectations. These will be reviewed with the student and the student will sign, acknowledging his or her understanding and agreement to follow the policies. The policies will include cafeteria/meal schedules, campus rules, dormitory requirements (visitor, curfews, etc.), as well as other expectations (punctuality and regular attendance, orientation and mobility requirements, technology skill/equipment requirements, dress, etc.) and restrictions (drugs, alcohol, etc.). Specific and updated “Rules of the Road” will be provided to the student at time of participation.
DBVI VRCBVI Guidance Document 2024 LEAP Classes VCU 101 is a course meant to introduce students to the skills and behaviors that will help to maximize success in college and the supports offered to help attain those skills and behaviors. The course may include presentations on the following:
- Blackboard
- Public Speaking
- Mock Interviews
- DSS office
- Instructors
- Professionalism
- Career Exploration
- Market Analysis
- Learning Assessment
- Advocacy Skills
- College Applications
- Effective Writing/Reading
- Learning Skills/Test Taking Strategies
• Requesting Accommodations Other courses offered during LEAP may include:
- Academic Writing
- Intro to Math/Coding
- Intro to Science (with corresponding lab) LEAP Assessment Staffings Assessment staffings will occur within two weeks of the completion of LEAP. Students meet by teleconference with designated VRCBVI staff, their VR Counselor, and appropriate family members to report assessment results and recommendations.
Documentation Requirements VRCBVI staff will provide a final evaluation report of the student’s participation in LEAP to the VR Counselor. The report will also be placed in AWARE.
Learning Independence, Feeling Empowered (“LIFE”) The LIFE program is a five (5) week residential training program for high school-aged blind and vision impaired youth, which provides basic training in the skills of blindness.
LIFE empowers students to become responsible for their lives, provides them with opportunities to explore employment and college goals, and provides them with an opportunity to gain real world work experience or additional skills of blindness training.
The LIFE program also affords opportunities to participate in confidence building DBVI VRCBVI Guidance Document 2024 activities, and helps students develop positive attitudes about blindness. The LIFE program is offered annually during the summer. https://www.vrcbvi.org/programs.htm#LIFE Work Experience During the last three weeks of the LIFE program, students will have the opportunity to work part-time in a community-based setting.
Admission Requirements for Life Must meet VRCBVI basic admission criteria (except age requirement) and;
- Be between the ages of 14-18 years old and be returning to a high school academic program in the fall
- Be blind or vision impaired and interested in acquiring and using blindness skills
- Be able to actively participate in all five weeks of the program
- Be able to participate in a group structured program
- Be able to take care of personal care needs independently, including managing and self-administering medications
- Have a valid government issued photo ID card Additional LIFE Admissions Considerations
- The LIFE program will prioritize service to individuals with the Most Significant Disabilities (MSD).
- The LIFE program is a Pre-Employment Transition Services program (Pre-ETS). Students who have been determined by the VR Counselor as Potentially Eligible (PE) are eligible for the LIFE program.
- Students must be either open for VR services or established as Potentially Eligible.
- Individuals who have never participated in the LIFE program will be given priority over individuals who have previously participated.
NOTE: Students who are Potentially Eligible (PE) may be served by the LIFE program but may not be served by any other VRCBVI programs (other than LEAP).
LIFE Application Process VRCBVI uses an online application process for the LIFE Program. Because the application process is online, applications may be submitted directly by parents, by teachers, or by the student’s VRC. A complete application packet consists of the online application, an eye report dated within the past year, the health checklist/general medical examination form dated within the past year, and the student’s current IEP.
VRCs and parents are encouraged to coordinate the submission of the application and DBVI VRCBVI Guidance Document 2024 all required documentation. The application process, application deadlines, and programming dates will be provided during the year by VRCBVI staff. For more information, contact the Coordinator of Community Engagement, Assistant Director for Administration, Assistant Director for Instruction, or the VRCBVI Director, or see VRCBVI’s website, https://www.vrcbvi.virginia.gov/programs.htm .
- After the application deadline, the LIFE admissions committee will review and score all applications using the LIFE program admissions rubric.
- VRCBVI staff will notify all individuals and their VRCs of their acceptance status prior to the beginning of the program.
- If there are more applications than available slots in the program, some applicants will be placed on a waitlist. The waitlist number will correspond to the applicant’s rubric score.
After students have been accepted into the LIFE program, student and parent(s) will participate in an informational interview by phone with VRCBVI staff, which will be scheduled by the Coordinator for Community Engagement. The purpose of this interview will be to gather information about parent and student goals and to identify student training needs.
LIFE Student Expectations and Responsibilities
Each student, prior to attending the LIFE program, will be provided with written program policies, processes, and expectations. These will be reviewed with the student and their parent(s), who will sign acknowledging their understanding and agreement to follow the policies. The policies will include cafeteria/meal schedules, campus rules, dormitory requirements (visitor, curfews, etc.), as well as other expectations (punctuality and regular attendance, dress, etc.) and restrictions (drugs, alcohol, etc.). Specific and updated “Rules of the Road” will be provided to the student at time of participation.
LIFE Classes
- Braille
- Personal and Home Management (cooking and cleaning)
- Travel
- Keyboarding/Computers
- Access Technology
- Exploration of Post-Secondary Options
- Job Readiness
- Work Experience
• Conversations about Blindness Confidence Building Activities (may include but not limited to):
DBVI VRCBVI Guidance Document 2024
- High Adventure course
- Formal dinner/dance
- Rock Climbing
- Vehicle Awareness and Pedestrian Safety
- Movies
- Grilling
- Hiking
- Business networking skills
- Whitewater Rafting
- Swimming Work Experience Most LIFE students work part-time in a community-based setting during the last three weeks of LIFE. However, in some instances staff will recommend that a student continue to focus on blindness skills (Travel, Braille, Access Technology, and Cooking/Cleaning) during the last three weeks of the program.
Documentation Requirements VRCBVI staff will provide a report of each student’s participation in the LIFE program to the student’s parent(s). The report will also be placed in AWARE in both the service module and the participant module. The Regional Managers and VR Counselors will be notified that the reports have been posted in AWARE.
Other Special Programming Senior Retreat: Live Active, Live Healthy, Live Modern
The Senior Retreat is a one week program offered once a year for seniors experiencing vision loss and a plus one (a loved one, family member, or friend). Seniors with vision loss affecting their ability to read, get around independently, take care of his/her home, and/or enjoy hobbies are eligible to participate. The program provides the following services:
- Discussions about vision loss
- Daily living skills
- Independent travel
- Access technology skills such as learning to use iOS devices
- Diabetic information and training on the use of talking glucometers
- Nutritional consultation
- Recreational activities that are designed to promote a healthy and active lifestyle
- Additional resources
Participants must meet the following qualifications to attend:
DBVI VRCBVI Guidance Document 2024
- Legally blind or vision impaired (VRCBVI requires visual acuity and visual fields information for scheduling purposes)
- 55 or older
- Must self-administer all medications and manage personal needs independently (VRCBVI uses no medical staff or personal care attendants for the retreat).
- Physical health, stamina, and functional ability to participate fully in all retreat activities from morning through evening (breakfast starts at 7:30 am).
Senior Retreat Application Process The DBVI Rehabilitation Teacher will complete the designated application process for individuals who are interested in the senior retreat. The application process, application deadlines, and programming dates will be provided during the year by VRCBVI staff.
Contact the Coordinator of Community Engagement, Assistant Director for Instruction, or the VRCBVI Director for more information.
Saturday Technology Seminars Throughout the year, VRCBVI will offer various Saturday technology seminars. These group-structured classes are designed to provide instruction from 9:00 AM to 3:00 PM on various topics such as: iOS devices, Excel, Braille note takers, PowerPoint, etc.
There is a charge of $25 for each participant to cover materials and lunch. Flyers announcing these seminars, including application information, will be sent periodically to all DBVI staff and will be posted at VRCBVI.org. For more details, contact the Coordinator of Community Engagement or the VRCBVI Director.
M. VRCBVI and the Virginia Enterprises for the Blind (VEB)
NOTE: For more specific information about the Virginia Enterprises for the Blind, see the DBVI homepage on the internet or the VR Policy and Procedure Manual: Chapter 7.1.
VRCBVI has responsibility for providing an initial evaluation of individuals who have been referred to participate in the Virginia Enterprises for the Blind (VEB). The evaluation includes a blindness skills assessment of up to four weeks, providing the candidate and the VR Counselor with recommendations regarding the candidate’s interest in, and readiness to, participate in the VEP Vending Stand Evaluation. Based on the results of the assessments, candidates may be required to participate in vocational evaluation and blindness skills training if the candidate has deficits in any of the required areas of competency.
All potential candidates for the Randolph-Sheppard Managers Program are required to participate in evaluation at VRCBVI or have a field assessment approved by the VEB Education Coordinator, specifically for the purpose of assuring that vending service DBVI VRCBVI Guidance Document 2024 manager is the right vocational choice for the individual. The following processes will be adhered to:
- Potential candidates and the VR Counselor (optional) will engage in an informational interview with the Education Coordinator for the Virginia Enterprises for the Blind as a clarification tool to learn more about the program
- Determine aptitude and achievement in academics – high school equivalency required - using the WRAT – IV (or more current) testing instrument
- Determine legal blindness – eye report within one year
- Determine physical capacity necessary to meet Vending Manager – Job Description, Appendix R
- Independent maintenance of all medical conditions
- Low Vision Aid Evaluation and aids purchased, if needed
- Hearing Evaluation and aids purchased, if recommended
- Counselor completes application to VRCBVI for Vending Stand Evaluation
- Candidate accepted to VRCBVI Evaluation for Vending Stand 10. Candidate completes VRCBVI Evaluation for Vending Stand, which includes completing business level graduation requirements of VRCBVI training program: Orientation and Mobility, Keyboarding/Computer, Braille (if appropriate), Personal and Home Management, to include labeling and organizational skills by means that works for the individual, and Access Technology 11. Complete blindness skills training to meet business level graduation requirements (if needed) 12. Complete a site visit to the VEB training facility 13. Other assessments or relevant information as needed (examples might include but are not be limited to interest inventories, low vision evaluation, and access technology assessments). Another critical component for the evaluation and assessment process is to provide customers with an opportunity to determine whether the Food Managers Program is right for them.
Orientation and Mobility Skills
Candidates will demonstrate independent cane travel skills in familiar and unfamiliar areas and in residential and urban areas (including DC), using all modes of public transportation with ease and confidence, locating business addresses, and shopping independently using a shopping assistant. It is recommended that dog guide users go through the complete evaluation twice: once with the dog guide and again using a long cane. (This is so that in the event that the dog guide is unable to perform; the candidate is able to travel to the vending stand confidently).
Keyboarding (Must complete before moving into Computer)
Candidates will demonstrate manipulation of keyboard with 95% accuracy, type 25 net words per minute, and type business and personal letters in block style, proofed, edited and modified block style letter with envelopes.
DBVI VRCBVI Guidance Document 2024 Computer Skills (Must qualify with a minimum of 25 words-per-minute)
Candidate will demonstrate business level skills in Microsoft Office 2010 to include Word, Excel, Internet and E-mail, Web based applications, and PowerPoint. Participant will demonstrate the ability to use the adaptive equipment required for his/her optimum computer use.
Personal and Home Management (PHM)
Candidate will have understanding of cooking utensils and their uses, cooking terms, ability to follow and interpret recipes, and plan appropriate menus. Candidate will have excellent cleaning skills for all surfaces, which include sweeping, mopping, knowledge of cleaning products (residential), as well as being able to maintain safety in an independent environment.
Candidate will demonstrate the ability to independently plan, budget, shop, prepare, serve, clean up, and act as host/hostess for two graduation meals. The meal requirements include the meal being made from scratch using no convenience foods or drink, each meal must contain one meat, one starch, one vegetable, one bread, one dessert, and one beverage. The first meal will be the formal meal with a budget of $80.00 for 6-8, which will include tablecloths and napkins that will need to be ironed before being placed on the table. Guests for this meal will be served by the host. The second meal is a buffet style meal for 15-20 people with a budget of $120.00. The candidate will demonstrate excellent personal grooming habits, hygiene, and business casual dress. Clothes are to be well kept and presentable.
Reading, Spelling, and Record Keeping Skills
Comprehending study materials, written instructions, and his/her own study notes.
Managing written materials, such as inventory records, bills, business letters, etc. 10th grade equivalency reading comprehension based on Wide Range Achievement Test – IV (most recent)
Mathematics
Candidates will demonstrate the ability to perform computations including subtraction, addition, multiplication, division, fractions, decimal, and percentage math skills. 10th grade equivalency based on Wide Range Achievement Test – IV (most recent).
Access Technology
Candidates will be evaluated to determine whether specific access technology might be beneficial in both the evaluation and training components of the Randolph-Sheppard Vending Managers Program. Written recommendations for specific access technology goods and services will be provided to the VRCBVI case manager and VR Field Counselor by the DBVI Rehabilitation Engineer as soon as access technology needs DBVI VRCBVI Guidance Document 2024 are identified in order to expedite ordering and reception of adaptive/computer equipment prior to the beginning of the vending stand training. VR Field Counselors will order access technology costing more than $200. Access technology recommendations will be summarized during the reporting period when the equipment is recommended.
Job Readiness
Candidates must possess the following prior to completing VRCBVI VEP Training Evaluation A. Professional Resume B. Interview skills
N. VRCBVI Student Computer Guidance
VRCBVI understands the important role technology skills play in obtaining quality employment. Upon successful completion of an evaluation to include access technology needs, Vocational Rehabilitation and Rehabilitation Teaching students who participate in a full-time training program may be issued a computer for use during the duration of their training. Students will be required to use the equipment as instructed in all classes, for homework assignments, and to develop job-readiness skills. Students may have the computer assigned to them upon their successful completion of training at VRCBVI to assist them in their job seeking, for other employment related needs, and continuation of skill development with the computer.
Individuals who participate in short-term or part-time training programs at VRCBVI will not be issued a computer. However, the VRCBVI Director may make an exception to this policy as appropriate.
Student Computer Eligibility Criteria for purchase of a Computer
In order for a VRCBVI student to have a computer purchased for use while in training at VRCBVI, the following criteria must be met:
- The student must be actively and appropriately participating on a full-time basis in training at VRCBVI, and;
- The student must have successfully completed the keyboarding class at the business or educational use level for Vocational Rehabilitation students and at the personal use level for Rehabilitation Teaching students, and;
- The VRCBVI Access Technology instructor recommends the purchasing of the computer for the student, and;
DBVI VRCBVI Guidance Document 2024
- The student does not have access to an acceptable computer (i.e., one that meets appropriate standards) for use while at VRCBVI (either one that was previously purchased by DBVI or purchased by the individual).
Student Computer Eligibility Criteria for (purchase) of a Computer
In order for a student to have their computer assigned to them, the following criteria must be met:
- The student has (or will within the next 30 days) successfully completed their training at VRCBVI, and;
- The student communicates through actions and words their intent to actively use the loaned equipment in support of their plan goal, and;
- The student agrees to the terms and conditions and signs the Equipment Agreement-Receipt Form.
Note: Successfully completing training means that the student did not self-terminate their training, nor have their training terminated by VRCBVI.
VRCBVI Student Computers Procedure
When students are approximately three weeks from successfully completing the keyboarding curriculum, the Access Technology Instructor will email a recommendation to the VRCBVI case manager, with a copy to the student’s Vocational Rehabilitation Counselor or Rehabilitation Teacher, that the student should have a laptop computer purchased for them from Computers for the Blind. The recommendation will include the costs associated with this equipment.
If the student meets the eligibility criteria, the Vocational Rehabilitation or Rehabilitation Teaching staff in the regional office will order the computer and have it shipped to the student at VRCBVI. The VR Counselor or Rehabilitation Teacher will place the computer on the student’s Individualized Plan. The Access Technology Instructor will help the student set the computer up for their unique use. The VRCBVI Technology Instructor is responsible for having the student review and sign the Equipment Agreement – Receipt Form. The signed form will be provided to the VRCBVI Case Manager who will scan and place the form in the Service Module of AWARE. The equipment that is purchased for the student will be used to complete their VRCBVI program, with the intent that it be used in their continued rehabilitation program.
When the student is approximately 30 days from completing their training at VRCBVI, the VRCBVI Case Manager determines in consultation with VRCBVI staff if the student has met the criteria to have their purchased computer assigned to them. If the student has not met the criteria, the purchased computer will be retrieved from the student prior to them leaving VRCBVI and retained by VRCBVI for another student. If they do meet DBVI VRCBVI Guidance Document 2024 the criteria, the VRCBVI Case Manager will email the student’s VR Counselor indicating the student will be taking the purchased computer with them when they complete training at VRCBVI.
Purchased student computers may be removed from the student during training at VRCBVI if it is determined that the student:
- No longer needs the equipment;
- Is abusing or damaging the equipment;
- Is inappropriately using the equipment;
- Is no longer actively and appropriately participating in their training.
NOTE: If an individual returns to VRCBVI for additional training within three years, any additional equipment needs will be reviewed on a case-by-case basis.
O. Instructor Absence
Instructors who are planning to take leave requiring absence from their assigned classes must ensure adequate coverage of their classes if at all possible. For planned absences:
- The instructor must notify their supervisor and obtain approval.
- The instructor must complete and submit a leave request in TAL (through Employee Direct found on the intranet) prior to the planned absence.
- The instructor will ensure that their classes are covered in their absence by communicating to their supervisor who the substitute instructor is and by creating and sending lesson plans to the covering substitute instructor(s) and to their supervisor. It is the instructor’s responsibility to request a substitute teacher in advance of their planned absence.
- The instructor must ensure that all student reports (that are due when planned absence is to occur) are submitted before the planned absence.
- The instructor will retrieve notes/attendance from the covering instructor(s) upon their return.
For unplanned absences:
- The instructor will notify the VRCBVI reception desk and their supervisor at least one hour before VRCBVI opens and communicate to the supervisor the circumstances requiring their absence and type of leave they are planning to take.
- If at all possible, the instructor will ensure that their classes are covered in their absence and, if so, identify their class substitute instructor(s) and communicate lesson plans to the covering instructor(s) and to their supervisor. If the instructor DBVI VRCBVI Guidance Document 2024 is unable to ensure substitute instructors are available and/or share lesson plans (e.g., illness, personal emergencies, etc.), the instructor’s supervisor will ensure substitute instructors are made available to cover the necessary classes.
- When the instructor returns to VRCBVI, they will complete and submit a leave request through TAL (Employee Direct on the intranet).
- The instructor will retrieve notes/attendance from the covering instructor(s) upon their return.
P. Foreign language interpreters ESL students may require the use of an interpreter during their participation at VRCBVI.
Interpreter services will be arranged and coordinated by the VRCBVI Case Manager.
The VR Counselor is responsible for requesting interpreting services as part of the application process and for funding of these services.
In order to ensure that students at VRCBVI who are receiving interpreter services achieve maximum benefit of their training, the student and the interpreter shall adhere to the expectations outlined in the Translator-Interpreter Agreement. The VRCBVI Case Manager will ensure the agreement is reviewed with both the student and their interpreter and signed/dated. The agreement will be placed in the student’s case file.
Q. Deaf Blind Communication Assistance Students who are DeafBlind may require the assistance of alternative communication assistance, such as a sign language interpreter, SSP (Support Service Provider), or other forms of assistive communication. In some instances, students who are residing in the dorm may require an alerting device for the dorm room. The referring VRC/RT will need to make a referral, with at least three months prior notice, to the DeafBlind Specialist in their region, who will assist in recommending and coordinating appropriate accommodations and alerting device. The DeafBlind specialist will provide a letter to VRCBVI, which will accompany the VRCBVI application packet. The VRC/RT is responsible for requesting alternative communication assistance and ensuring the individuals bring the appropriate alerting device and for funding of these services. The VRCBVI case manager will assist with scheduling appropriate communication assistance.
In the event an interpreter does not show up and communication assistance is not available, VRCBVI will contact the Deaf Blind specialist for assistance.
R. VRCBVI Volunteer Policy Prior to assuming a volunteer staff role at VRCBVI, the individual must complete all necessary paperwork as described below. The Assistant Director for Administration, as the Volunteer Coordinator, is responsible for ensuring the volunteer completes the required documentation and that the process below is followed:
DBVI VRCBVI Guidance Document 2024
- VRCBVI staff will identify any volunteer needs.
- The individual interested in volunteering shall contact the Assistant Director for Administration.
- The individual will complete the VRCBVI Volunteer Application form.
- The individual will complete an interview with the VRCBVI Assistant Director of Administration and/or other appropriate VRCBVI staff to determine if the individual is the best candidate to fill the volunteer need.
- Individuals who complete the Volunteer application form will be contacted by VRCBVI if their services are needed and if they are the best candidates to fill the volunteer needs.
- A background check will be required prior to assuming a volunteer role at VRCBVI. The Assistant Director for Administration will ensure a background check is completed.
DBVI VRCBVI Guidance Document 2024 Chapter 7 Case Files and Records Management
The purpose of this section is to provide VRCBVI staff with guidance regarding the handling and management of student case records.
A. Personal Information (Protection, use, and release of personal information)
- Student File Management
All student files (paper files), whether an individual’s case is open or closed, shall be maintained in a secure, locked filing cabinet.
The student’s case file at VRCBVI shall include the VRCBVI application, any supporting documents, and all required signed waiver forms. Training plans, staffing notes, evaluation reports, and final reports are maintained in the file and in the AWARE Case Management system. Documents are filed chronologically, with application documents on the right side of the file and other documents on the left side of the file.
VRCBVI direct service staff (instructors and the VRCBVI Case Manager) and DBVI management will have access to the student’s case file on a need to know basis.
Dormitory staff do not have access to the student’s case file. Staff who need to access a student’s file must take all care to ensure confidentiality of the student’s record. A student’s file may be removed from the filing cabinet/file room, but the file must not be left unattended at any time. Files will either be returned to the locked file cabinet/file room when the staff member is finished with the file or may be maintained on a temporary basis in a locked file cabinet or drawer in the staff member’s office.
- Student’s Access to VRCBVI Case Record
VRCBVI staff will adhere to policies and procedures pertaining to Informed Choice and Individual Confidentiality as described in the DBVI Vocational Rehabilitation Policy and Procedures Manual, Chapter 3.
.
- Administrative Challenges to Student’s Case Record
VRCBVI staff shall adhere to the policies and procedures in the pertaining to administrative challenges to a student’s case record as described in the DBVI Vocational Rehabilitation Policy and Procedures Manual, Chapter 3: Informed Choice and Individual Confidentiality.
- Student’s Case Record Security DBVI VRCBVI Guidance Document 2024 VRCBVI staff shall adhere to the policies and procedures in the pertaining to security of a student’s case record as described in the DBVI Vocational Rehabilitation Policy and Procedures Manual, Chapter 3: Informed Choice and Individual Confidentiality.
- Records Retention VRCBVI will maintain student records in accordance with the State Records retention requirements (per Library of Virginia; § 42.1-85)
- Consent to Release Information
VRCBVI staff shall adhere to the policies and procedures in the VR Policy and Procedure, Chapter 3: Informed Choice and Individual Confidentiality. VRCBVI releases shall be dated such that the release terminates as of the date the student completes VRCBVI training. Activity waivers shall be dated to end at the conclusion of the activity.
- Documentation
VRCBVI staff will document all student outcomes, staffing results, training progress, reports, student incidents, counseling activities, etc., in the service module of AWARE. Evaluation and final reports shall also be documented in AWARE (in the participant and services modules). Dormitory staff do not have access to AWARE and shall email to the Assistant Director for Administration any relevant information to be included in the student’s record in AWARE.
VRCBVI staff shall follow the designated report format for all evaluation, progress, and final reports.
Note: The staff member who witnesses an incident shall complete an incident report and then email the report to the Assistant Director of Administration with a copy to their supervisor. The Assistant Director of Administration will document the incident with a note in AWARE. The incident report itself shall be placed in the student’s case file.
Rehabilitation and Independent Living Services GuidanceDoc ID: 7291
DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Department for the Blind and Vision Impaired Rehabilitation Teaching and Independent Living Guidance Document May 6, 2024
INTRODUCTION .................................................................................................. 1
CHAPTER 1 RT/IL REFERRAL AND APPLICATION ............................................. 3
CHAPTER 2 APPLICATION ............................................................................... 4
CHAPTER 3 VOTER REGISTRATION ................................................................ 5
CHAPTER 4 EVAL AND ASSESSMENT OF ELIGIBILITY DETERMINATION ........... 7
CHAPTER 5 SERVICE PLAN DEVELOPMENT ................................................... 11
CHAPTER 6 THE TRAINING PROGRAM .......................................................... 14
CHAPTER 7 CLOSURE OUTCOMES ................................................................ 19
CHAPTER 8 PARTICIPATION IN COST OF SERVICES AND COMPARABLE
BENEFITS........................................................................................................... 22
CHAPTER 9 FEES, COMPARABLE BENEFITS AND SERVICES, DONATION OF
EQUIPMENT ...................................................................................................... 27
CHAPTER 10 CIVIL RIGHTS, INFORMED CHOICE, CLIENT ASSISTANCE PROGRAM ......................................................................................................................... 34
CHAPTER 11 AGENCY SERVICES ..................................................................... 37
CHAPTER 12 REFERRAL TO VOCATIONAL REHABILITATION PROGRAM .......... 47
CHAPTER 13 PROTECTION OF PERSONAL INFORMATION ............................... 48
CHAPTER 14 CASE FILE MANAGEMENT .......................................................... 63
CHAPTER 15 ELECTRONIC SIGNATURES .......................................................... 66
CHAPTER 16 RE PRE-ETS SERVICES ................................................................. 70 CHAPTER 17 CASE PRIORITIZATION ............................................................... 72 1 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Introduction This Rehabilitation Teaching and Independent Living (RT/IL) Guidance Document is a reference resource regarding provision of RT/IL services provided to eligible individuals by the Department for the Blind and Vision Impaired (DBVI).
RT/IL services are provided in part in compliance with the Rehabilitation Act of 1973 as amended and regulated at 35 CFR 367 (Independent Living Services for Older Individuals who are Blind). https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-367 . Regulations at the state level are found at 22 VAC 45-70 (Regulations Governing the Provision of Rehabilitation Teaching and Independent Living Services). https://law.lis.virginia.gov/admincode/title22/agency45/chapter70/Overview of Rehabilitation Teaching and Independent Living Services Rehabilitation teachers work with individuals who are blind, vision impaired, and deafblind to improve the individual’s functional independence and employability. To achieve this goal, a Rehabilitation Teacher must assist the individual applying for and receiving services through an instructional program at DBVI to arrange for needed RT/IL services.
The philosophy of the RT/IL program is that individuals residing in Virginia who experience blindness, vision impairment, or deafblindness are able to lead productive lives when appropriate and necessary services are provided in a timely manner.
RT/IL services are provided without regard to race, color, religion, national origin, political affiliation, physical or mental disability, sex, sexual orientation, or age. Braille, large print or electronic copies of printed material are available upon request. 2 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 1 RT/IL Referral and Application DBVI must establish and implement standards for the prompt and equitable handling of referrals of individuals for rehabilitation teaching/independent living services. The standards include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility.
DBVI accepts referrals for rehabilitation/independent living services for adults who are blind, deafblind, and vision impaired who are interested in obtaining, regaining, or maintaining their desired level of independence.
DBVI accepts referrals from individuals, family members, friends, physicians, advocates, service providers and other interested stakeholders. An Intake Coordinator contacts the individual who have been referred to provide information regarding DBVI services and refers the individual to the appropriate agency programs for special services and to other community agencies for supplemental services as needed.
A referral is opened for an individual when he/she has been referred to DBVI, self-refers, or has otherwise expressed interest in RT/IL services through DBVI. 3 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 2 Application Age Requirements No age limit is established which will, in and of itself, result in a finding of ineligibility for any person with a visual disability who otherwise meets basic eligibility requirements.
Residence Requirements Individuals who apply for services through the RT/IL program, must provide a current address in the Commonwealth.
Individuals who provide a current address, will not be excluded from services. Green cards are not required. The RT/IL program serves all persons, including those who are homeless, if they meet visual and other requirements.
Services Available at Application Services that may be provided while an individual is in application status incudes a diagnostic eye exam, diagnostic medical exam, O& M) initial Orientation and Mobility instruction if needed to facilitate the application, and information and referral. 4 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 CHAPTER 3 Voter Registration
DBVI is (per Code of Virginia 24.2-411.2) a state-designated voter registration agency for federal and state elections. As such, the agency ensures that the Commonwealth of Virginia Voter Registration information is provided to the applicant during application. Whether the applicant chooses not to register, has already registered, or wishes to register to vote, the agency staff person will complete the Voter Registration Agency Certification form and place it in the individual’s case file. Signatures of the applicant and the staff person are required on the form. The individual has the right to refuse to sign the form. If the individual chooses to complete the Voter Registration Form for DBVI to submit, the staff person will send the completed, signed form to the Virginia Board of Elections, using the self-addressed “Board of Elections” envelopes provided to the regional office.
Individuals applying for services will the same level of assistance, including bilingual services where necessary, to complete a voter registration and/or certification form as would be provided in completing any other DBVI forms, unless the individual refuses such assistance.
Eligibility to Register to Vote
To be eligible to vote in Virginia, a person:
- Must be a citizen of the United States;
- Must live in the Commonwealth of Virginia (A person who has come to Virginia for temporary purposes and intends to return to another state is not considered a resident for voting purposes);
- Must be at least 18 years old by the date of the next general election; 5 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Must not claim the right to vote elsewhere; and,
- Must not have been convicted of a felony or judged by a court to be incapacitated (unless civil rights to vote have been restored by the Governor or a court order has restored you to capacity).
NOTE: For the criteria that the individual must not claim the right to vote elsewhere, “elsewhere” refers to another state in the United States or the District of Columbia. The individual may have the right to vote in another country or territory of the United States and if they meet the other Virginia eligibility criteria, they may still register to vote.
The National Voter Registration Act (NVRA) https://www.justice.gov/crt/national-voter-registration-act-1993-nvra requires that all individuals be asked if they would like to register to vote or update a current registration record on three occasions:
Initial application (applying),
Whenever an individual reapplies for services (renewal/recertifying for services), and
Anytime an individual submits a change of address.
There is no annual requirement to complete the Agency certification form 6 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 CHAPTER 4 EVALUATION/ASSESSMENT for ELIGIBILITY DETERMINATION The purpose of diagnostic evaluation and assessment is to determine an individual’s eligibility for services and to identify an individual’s service needs.
Diagnostic and Evaluation Services: Medical Diagnostic Services may include eye examinations by ophthalmologists or optometrists.
Evaluation services may be provided during any stage of the RT/IL process when such an evaluation is necessary to make the following determinations:
- Eligibility for services
- Suitable rehabilitation goal or goals Minimum Information Required is for Eligibility Determination: The minimum information required for eligibility determination is an Eye Examination Report that includes a completed eye exam that documents a. Diagnosis and Acuity with/without correction b. Prognosis c. Peripheral visual field (when needed) d. Recommendations Other eye exam information may be used when the information is adequate, and the eye exam has been conducted within one year of the individual’s application for services.
A Functional Vision Assessment is required when an individual will be receiving low vision services. 7 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 A Financial Determination-Redetermination is required prior to DBVI purchasing services for individuals.
Eligibility Determination The RT/IL Program provides rehabilitation teaching/independent living services to individuals under age 55 that have a severe visual impairment, which constitutes a substantial impediment to personal independent functioning.
The RT/IL Program also provides rehabilitation teaching/independent living services to eligible individuals older than 55 through the Independent Living Services for Older Individuals Who are Blind Grant, otherwise known as the OBG program. Individuals aged fifty-five or older for whom independent living goals are feasible, must have a severe visual impairment, need to gain or maintain independence within the home, community and have the ability to adjust to their level of impairment. Determination for participation in cost of services is required if it is determined that purchase of items is needed.
Definitions: Severe Visual Impairment means the individual is or has:
- The individual cannot obtain a driver's license because their distance vision is worse than 20/70 in the better eye after best standard correction; the individual’s visual field is restricted to less than 30 degrees in the better eye; if the individual has a rapidly progressive eye condition, which, in the opinion of a qualified ophthalmologist or optometrist, will reduce distance vision to 20/200 or less, or 20 degrees or less in the better eye with best correction. Visual impairment progressing toward legal blindness -- These individuals are not legally blind but have a rapidly progressive or deteriorating eye condition, which, in the opinion of a 8 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 qualified ophthalmologist or optometrist, will reduce distance vision to 20/200 or less or 20 degrees or less in the better eye with best correction.
Legally Blind means the individual:
- Has a best corrected distance visual acuity of 20/200 or worse in the better eye, or visual fields of 20 degrees or less.
Eligibility for RT/IL services will be determined based evaluation/assessment and other documentation of the individual’s vision impairment Eligibility Criteria for RT/IL for individuals under age fifty-five:
- An individual has a severe visual disability; and
- The severe visual disability constitutes a substantial impediment to personal independent functioning.
Eligibility Criteria for RT/IL for individuals aged fifty-five and older:
- Be aged fifty-five and older and a severe visual impairment of worse than 20/70 in the better eye with best correction, or a visual field loss of less than 70° regardless of the progressive nature of their eye disease or any functional vision limitations;
- Independent living goals are feasible;
- Need to gain or maintain independence within the home and community;
- Have the ability to adjust to their level of impairment; and 9 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Be an individual who is determined to have no participation in cost of services, in order to receive any purchased services. 10 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 5 SERVICE PLAN DEVELOPMENT Program Planning After an individual has been determined eligible for RT/IL services, the individual and the RT jointly establish the individual's rehabilitation goal(s) and develop the individual’s service plan.
Individuals who are eligible for services shall have: a. Maximum opportunities to share in the planning and development of their individualized service plan. b. Counseling and guidance to maximize their success and assure the safety of the individual. c. Assistance with identifying resources outside DBVI available to the individual and assistance in securing these resources.
The Service Plan includes identification of services and resources and along with a copy of the RT/IL Rights and Responsibilities, Terms and Conditions. A copy of the Service Plan shall be provided to the individual and/or the individual’s guardian if requested.
Services on the plan must include the anticipated duration of each service. Services include, but are not limited to diagnostic services, rehabilitation technology services, instructional services, adaptive equipment, the vendor/service provider, cost of the services, and service dates.
In some instances, an individual’s services may exceed 12 months when an individual is receiving services from an Orientation and Mobility Instructor.
Comparable Benefits: Comparable services and benefits are defined as any appropriate service or financial assistance 11 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 available to a person with a disability from a program other than RT/IL to meet, in whole or in part, the cost of services to be provided. DBVI determines before plan development whether comparable benefits are available to an individual and what portion of the cost of the planned services will be provided by or paid by the comparable benefit. However, there are situations when this information is not specifically known at the time a service plan is written. In these situations, the plan shall include which comparable benefits are being considered.
DBVI and the individual must seek comparable benefits for all purchased services. Costs of each service are included on the individual’s plan.
Additions/Changes Additions or deletions to the Service Plan must be documented on the plan.
Timelines DBVI shall initiate contact with the individual within thirty (30) working days of receipt of the referral. If applicable, a face-to-face visit must be made within thirty (30) working days of the initial contact. Eligibility must be determined within ten (10) working days after the initial visit. When possible, an individual’s plan should be developed written ten working days after eligibility is determined. An individual’s case shall not remain in any status, except for service, for more than twenty workdays without review and approval by the regional manager and documented in a case note.
Documentation Requirements The RT shall complete the Service Plan and seek Regional Manager approval if the individual or combined total cost of goods 12 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 and services on the plan is more than $500. The individual or their guardian will be provided with a copy of the original service plan and all additions/changes along with a copy of the RT/IL Rights and Responsibilities. 13 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
CHAPTER 6
TRAINING Training includes any of the following services:
- Orientation and Mobility Training in the Home Environment – instruction may be provided in basic orientation and mobility techniques without the use of a cane. It includes techniques for walking with a human guide, protective techniques, trailing and locating dropped objects, room familiarization, and orientation to specific indoor areas.
- Personal Management Skills Training - includes personal care, hygiene, clothing selection, eating techniques, money identification, medication safety/medication management and personal record keeping.
- Home Management Skills Training - includes adaptive techniques in shopping, food preparation, cooking, organization, care of home furnishings, appliances, childcare, sewing, ironing, home maintenance; minor repair and establishment of a suitable living environment.
- Communication Skills Training - includes reading and writing braille, typing, handwriting, time pieces, telephones/smartphones, electronic communication devices, verbal and non-verbal communication.
- Crafts, Recreation and Adaptive Skills Training -includes crafts, recreation and leisure skills such as playing cards, gardening, woodworking, knitting, crocheting, board games, computer games, attending 14 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 movies with audio description, attending plays with audio description, reading digital books, beep baseball, goalball.
- Adjustment Counseling – counseling designed to assist individuals in adjusting to life after vision loss. A rehabilitation teacher works with the individual to facilitate learning skills that are necessary to accomplish the goals that individuals want to set for themselves.
Peer Counseling – counseling that can be provided by teachers or other individuals (Peers) who are visually impaired to individuals being served by DBVI who are experiencing major issues related to their vision loss.
Many times, the Peers may have worked through the same issues or concerns the individual is having with vision loss. Signed releases of information from both parties are required before Peer Counseling can begin.
In larger communities, there are support groups or consumer advocacy groups that individuals may attend.
Often, these support groups take place in the assisted living facilities where individuals currently live. In Virginia, the major consumer advocacy groups include the Virginia Chapter(s) of the National Federation of the Blind and the American Council of the Blind Virginia Chapter.
- Information and Referral - action taken to identify and direct an individual to another resource which could address his/her needs.
- Individual and Systems Advocacy - clarifying, educating, and/or acting to promote and protect the rights, services and opportunities of individuals who experience vision loss. 15 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 10. Transportation – transportation may be provided in certain circumstance to eligible individuals as an ancillary service to assist them in accessing appropriate services.
Transportation may be provided are those services included on the individual’s plan of service, for example, low vision exams or tours to VRCBVI. The least expensive mode of transportation be utilized and whenever possible, common carriers will be used. Long term, on-going transportation services will not be provided. 11. Low Vision – services include low vision exams and aids, including CCTVs as appropriate. 12. Assistive Technology Services and Devices - special aids and appliances that are used for the purpose of providing adaptive technology in the form of aids and/or appliances that enable an individual to function more independently.
Examples may aids/appliances: ● Talking Scale ● Talking Food Scale ● Tactile timer and other cooking utensils/devices ● Talking thermometer ● Digital recorder ● Pushbutton telephone (Landline) ● Talking clock ● Talking watch ● Tactile watch ● Check writing guides 13. Short-Term Evaluation and Training Programs that may be provided to individuals periodically by staff as needed. 16 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 14. VRCBVI Residential or Commuter Training may be available based on an individual’s services and does not require participation in cost of services. Service authorizations to VRCBVI are required. 15. Special Communication Services for People Who Are DeafBlind - The ability to communicate with other people is critical for individuals who deafblind if they are to achieve functional independence including employment.
The provision or purchase of the following may be appropriate for some individuals:
- Instruction in communication skills such as sign language, typing, and reading and writing braille.
- Purchase of and training in the use of special aids and devices to improve the individual’s capability to communicate.
- Interpreter services.
Older Blind Project Grant - Goods and services provided may include:
- Outreach
- Information and referral
- Advocacy
- Low vision aids
- Adaptive equipment, such as long white canes, to assist older blind Virginians to become more mobile and more self-sufficient.
- Transportation
- Orientation and mobility services
- Language interpreter services 17 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Peer counseling/mental health/family/individual counseling
- Adaptive skills training to assist in coping with daily living activities
- Other essential supportive services for independent functioning in the home and community, including local independent living training workshops for individuals and their family members Some of these services through the Older Blind Grant are provided only when there is available funding.
ELIGIBILITY FOR THE OLDER BLIND GRANT The goal of this grant is to provide and arrange for services of a practical nature to enable individuals aged fifty-five or older whose severe visual impairment makes gainful employment extremely difficult to attain but for whom independent living goals are feasible, to gain or maintain independence within the home and community and adjust to their level of impairment.
Services Interrupted An individual receiving services through the Older Blind Grand may have an interruption in services due to:
- Extended illness of the individual (one month or more)
- Inability to locate the individual
- Inadequate progress in a service program
- Extended "vacation" of the individual (one month or more)
Services to be Provided by DBVI With Cost to the Grant:
- Assessment/Identification of Needed Services;
- Rehabilitation Teaching Services; 18 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Communication Skills: braille reading and writing, handwriting, beginning computer instruction, and use of appropriate electronic equipment, e.g. digital recorders;
- Training to perform daily living activities such as meal preparation, identifying coins and currency, selection of clothing, telling time and maintaining a household.
- Provision of low-vision services and aids such as magnifiers to perform reading and mobility tasks, low vision exams and other visual aids.
- Instruction in recreation/leisure activities, e.g. playing cards, gardening, woodworking, board games, computer games, knitting, crocheting, etc.
- Adjustment counseling related to visual loss, empowerment, and self-determination.
- Orientation and Mobility skills training that will enable older blind individuals to travel independently, safely and confidently in familiar and unfamiliar environments. o Transportation essential to access community services for independent living
- Appropriate adaptive equipment and appliances Services to be provided without utilizing Grant funds:
- Outreach materials (posters, large print brochures, etc.).
- Communication aids such as large print calendars, digital talking book players, etc.
- Family and peer counseling services to assist the older blind individual to adjust emotionally to the loss of vision as well as to assist in the individual's integration into the community and its resources.
- Residential training at VRCBVI. 19 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 CHAPTER 7 Closure Outcomes DBVI will close an individual’s rehabilitation case when the individual is not eligible for services and when the individual has/will not met their established goals.
Categories of Case Closure Closed Not Eligible - Closed from Referral or Application Definition: Closed Not Eligible means that the individuals does not meet the eligibility criteria for RT/IL or is not interested in RT/IL. This closure outcome includes situations where the individual cannot be located, has left Virginia, refused RT/IL services, or died before entering service status.
Closed GOALS MET - Case Closed from Service Definition: Closed GOALS MET means that the individual has satisfactorily completed their training, has increased their independence and that the RT and the individual determine that the jointly agreed upon goals in the Plan of Services have been met.
Closed GOALS NOT MET - (Cases Closed Unsuccessfully from Service) Definition: Closed GOALS NOT MET means that the individual’s case is being closed as "training not completed" after having been determined eligible and after planned services have already begun.
Closed GOALS NOT MET - Death of Individual Deceased after Active Services Initiated 20 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 When an individual dies while in active service status and all of the planned goals were not met, the RT is required to close the individual’s case as Goals Not Met. 21 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 8 Participation in Cost of Services and Comparable Benefits A. Participation in Cost of Services
The RT/IL program determines whether an individual will participate in the cost of the services they receive based on economic need. The RT/IL cost participation formula is designed to calculate the amount, if any, an individual will pay toward the actual cost of the services they receive.
Some services are provided at no cost. These services include evaluations, diagnostic low vision exams, referral and adjustment counseling. However, the individual's income does have implications for RT/IL payment for other services. Cost participation measures are required for the Older Blind Grant and consideration of comparable benefits is required. Individuals applying for or receiving RT/IL services are required to provide DBVI with a copy of their most recent federal income tax return form 1040 (either their own or any return on which they are claimed as a dependent). Other documentation may be acceptable such as a pay stub for a working person or SSA benefit statements or other proof of the amount received for recipients of SSI/SSDI.
Definitions:
- Participation in cost of services means that the individual who is applying for or receiving services from the RT/IL program will participate in the costs associated with the purchase services they receive.
- Does not participate in cost of services means that the individual applying for or receiving services from the RT/IL 22 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 program does not pay any portion of the cost of services they receive. a. Individuals aged 55 and older being served through the Older Blind Grant, who have been determined eligible for SSI or SSDI will not have any participation in the cost of services they receive.
- Family Unit means the basic family unit consisting of one or more adults and children, related by blood, marriage, or adoption and living in the same household. The family unit includes family members, temporarily absent from the household, for whom the family claims financial responsibility for tax purposes.
- Economic Need and General Discussion means the Economic Need determination process established by DBVI to determine an individual’s participation in cost of services.
The provision of RT/IL services, based on economic need, requires a thorough examination of the individual's financial means and other comparable benefits. When the individual is dependent on the family income, the household family income will be considered.
DBVI has elected to use an Economic Needs Test as described in the Code of Federal Regulations, 34 CFR 361.53. Economic need determination must be administered in an equitable manner for all individuals.
Individual cost participation is determined and updated only if purchased services are planned. If the individual’s financial information is over one year old, the RT must update the financial form prior to purchasing the needed goods or services.
Individuals who are required to participate in cost of services are required to pay their monthly contribution amount for the costs of certain goods and services:
- Transportation, 23 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Glasses and/or low vision aids,
- Telecommunications, sensory, and other technological aids and devices, including adaptive equipment,
- Personal incidentals during training,
- Supplies related to recreational/leisure activities, and,
- Any other purchased service not related to diagnostic evaluation of rehabilitation potential, or counseling, guidance, and referral services.
All individuals, regardless of financial status, receive the following RT/IL services at no cost:
- Diagnosis and evaluation, including evaluation at VRCBVI and short-term evaluation programs conducted at/by regional offices,
- Peer Counseling,
- Information and referral
- Interpreter services for individuals who are deafblind,
- Foreign language interpreters,
- Activities of daily living skills training,
- Braille instruction and instructional materials,
- Group socialization and recreational activities,
- Counseling for family members regarding an individual’s adjustment to blindness, 10.
Special communication skills and the services of the DBVI deafblind specialist for individuals who are deafblind, 24 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 11. Rehabilitation Technology Services (also called assistive technology services) provided by DBVI staff, 12. Orientation and Mobility Services provided by DBVI staff, 13. Library and Resource Center materials and services, and, 14. Health Education Services Financial Determination/Redetermination Statement RTs are required to consider the following information when completing the individual’s Financial Determination/Redetermination Statement: A. Allowable Deductions: The only deductions to be considered are medical expenses/debts and current in-school tuition for individuals and other family members.
- Medical Deduction Examples: a. Medical expenses/debts arising from conditions such as diabetes or epilepsy under which the expenses for medication are continuous. b. Medical expenses/debts related to ongoing support with activities of daily living and disability management while residing in an assisted living facility, incurred in addition to room and board. c. Medical expenses/debts related to ongoing support with activities of daily living and disability management, above and beyond the cost of standard care, including room and board while residing in a nursing home. 25 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 d. Expenses relating to Personal Assistance Services (PAS) or Support Services Providers (SSP). e. Expenses for Long Term Care Services (LTCS). f. Medical expenses arising from acute medical conditions or traumas in which additional burden is placed upon the family income and resources (routine health insurance premiums are not to be construed as medical expense). g. Expenses/debts for catastrophic illness.
B. Normal Living Requirements: DBVI Normal Living Requirements are based on information regarding median family income from the United States Department of Health and Human Services.
C. When to Request Verification of Income: In assessing participation in cost of services, the RT is required to verify the individual’s income, liquid assets, and allowable debts.
Comparable Benefits Comparable benefits are third-party funds (such as Medicare and private insurance) that pay for services planned for as part of the RT/IL program. Comparable benefits must be used prior to expenditure of DBVI funds for the provision of services. 26 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 CHAPTER 9 Fees, Comparable Benefits and Services, Donation of Equipment
Chapter 9 is comprised of three sections including Fees, Comparable Benefits and Services, and Donation of Equipment.
Fees
Purchased Goods and Services
- Codes and fees used to plan and authorize services for individuals receiving services are located in the DSA Services Reference Manual
- Rehabilitation Teachers are required to use these procedure codes and fees for the purchase of goods and services that are part of the individual’s Plan for services.
Interpreter Services and Fees
- Rehabilitation Teachers are required to use procedure codes and fees in the DSA Services Reference Manual to plan and authorize interpreter services for individuals receiving services. These fees are established based on the certification level of the interpreter. a. Separate rates have been established for courtroom interpreting by the Virginia Department for the Deaf and Hard of Hearing (DDHH). Northern Virginia rates must be negotiated on an individual basis by the Rehabilitation Teacher. b. Interpreter travel expenses are paid at the prevailing state rate. Prevailing rates are available at DSA Fiscal Services. c. Assignments coordinated by VDDHH but paid for by the RT/IL program are paid according to VDDHH's 27 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 recommended rates unless a prior agreement has been made.
Comparable Services and Benefits
A. DBVI RT/IL program uses the definition of Comparable services and benefits detailed in 34 CFR 361.5(8) but tailored to DBVI RT/IL program. Comparable services and benefits mean services and benefits including accommodations and auxiliary aids and services that are: a. provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits; b. available to the individual at the time needed to ensure the progress of the individual toward achieving their goals outlined in their Plan; and c. Commensurate to the services that the individual would otherwise receive from the DBVI RT/IL program.
B. Comparable services and benefits are provided from a program other than the DBVI RT/IL program. The Rehabilitation Teacher must ensure, in all cases before the provision of any RT/IL services, that there has been a determination of available comparable services and benefits. The determination of comparable services and benefits does not apply when its utilization would delay the provision of purchased services to any eligible individual.
C. The RT/IL services for which comparable services and benefits should be considered include: a. Low vision aids and low vision exams (e.g. if the individual is a Veteran, the VA will pay for the low vision exam and the aids). b. Canes used for medical purposes. c. Personal incidentals during VRCBVI training. 28 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 d. Supplies. e. Transportation. f. Assistive technology devices such as telecommunications, sensory, other technological aids, etc. g. Diagnostic medical exams (e.g. eye exams, physical, psychological exams). h. Durable medical equipment (e.g. shower seats, safety railing, glucometers, blood pressure monitors, etc.).
D. Comparable benefits DO NOT need to be considered for the following items and services: a. Evaluation of rehabilitation potential b. Counseling and guidance c. Personal and vocational adjustment counseling d. Rehabilitation engineering services e. Deaf-blind services f. Library and Resource Services g. Orientation and Mobility Services h. Health Education Services i. Rehabilitation Teaching Services j. Canes for Orientation and Mobility training purposes E. The Rehabilitation Teacher is required to be knowledgeable about comparable benefit programs and services and utilize them whenever appropriate in his/her casework. Some examples include: a. State and local hospitalization funds b. Workers' Compensation c. Community mental health services d. Veterans Administration
Relationship between Comparable Services and Benefits and Participation in Cost of Services 29 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Comparable services and benefits and participation in cost of services are not synonymous. An individual who does not participate in the cost of services is still required to use comparable services and benefits unless doing so will significantly delay the provision of purchased services to any eligible individual.
Donation of Equipment
A. Assistive technology devices and other occupational equipment shall become the personal property of an individual being served by DBVI Services division programs when: a. The device or equipment is specifically prescribed for the individual, or b. The device or equipment is personalized to the extent that it cannot be reassigned to another individual receiving services, or c. The device or equipment has depleted (not depreciated) with normal use.
B. Assistive technology or other occupational equipment costing $500 to $4999.99 may be donated to the individual or group of individuals being served when: a. Used by the individual or group of individuals for one year from the date of issuance or date of case closure, whichever comes first. b. Continues to be used for training, employment, or to support independent living. c. The individual or group of individuals agree to accept responsibility for the maintenance of the device or equipment after they have accepted ownership.
C. Assistive technology or other occupational equipment costing $5000 or more may be donated to the individual or group of individuals being served when: 30 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 a. The item has depreciated to zero (usually after five years from date of purchase). b. Continues to be used for training, employment, or to support independent living. c. The individual or group of individuals being served accept responsibility for maintaining and repairing equipment after donation.
D. Retaining Title of Assistive Technology and Other Equipment a. Except as described in section A(a) of this policy, DBVI shall retain title to all assistive technology and other occupational equipment for one year or until an individual’s case closure, whichever comes first, for goods costing $500 to $4999.99. b. Except as described in section A(a) of this guidance, DBVI shall retain title to all assistive technology and other occupational equipment costing $5000 or more, until the item has depreciated to zero or the individual’s case has been closed successfully, whichever comes first. c. In all cases, except for assistive technology or other occupational equipment costing less than $500, the individual receiving services and the VR Counselor or Rehabilitation Teacher will complete the DBVI Equipment Agreement/Receipt and Release Form. d. Assistive technology or other equipment DBVI purchased through bulk contract, and for agency or agency employee/contractor use shall be treated as state property and shall not be donated to and individual or group of individuals being served at time of purchase. When the depreciated value reaches $0, it shall be treated as agency surplus (Code of Virginia § 2.2-1124).
B. Repossessing Assistive Technology and Other Occupational Equipment 31 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 a. DBVI will repossess assistive technology and other occupational equipment that has not been donated to the individual receiving services when: i. The individual is not using the technology or equipment for training, employment, or to support independent living. ii. Family members or other individuals are using the assistive technology or equipment for their own purposes. iii. The individual is not taking reasonable care of the device or equipment. Lack of reasonable care that potentially leads to repossession includes:
- Multiple missing keys or cracked displays
- Excessive food/liquids spilled causing equipment malfunction
- Damage casing on the assistive technology
- Frayed cords/damaged connectors indicative of excessive pulling in removal
- Damaged ports/slots/drives due to improper insertion due to forcing
- Unauthorized installation of application programs and operating systems
- Presence of non-employment, non-educational, non-independent living related movies, videos, graphics, games or other programs of this nature
- Multiple occurrences of dropped or lost equipment
- Damaged system due to failure to use surge protector 10. Breaking security seals that void warrantees. 32 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 iv. The individual or group of individuals is no longer eligible to receive DBVI services. v. The individual dies before donation of the assistive technology or occupational equipment. 33 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 CHAPTER 10 Civil Rights, Informed Choice, Client Assistance Program, This guidance provides information regarding Civil Rights including the right to access to records (34 CFR 367.70), Informed Choice, the Client Assistance Program (34 CFR 367.68), the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Regulatory Code of Virginia. DBVI in no way intends for this chapter to be interpreted as an exhaustive or comprehensive listing or citing of an individual’s rights, rather that the chapter identify rights specific to Rehabilitation Teaching/Independent Living (RT/IL) provided to applicants and eligible individuals receiving services.
Civil Rights Individuals applying for or receiving RT/IL services have certain civil rights guaranteed by law. Among these are the rights to receive services on a nondiscriminatory basis without regard to race, color, creed, sex, national origin, age, political affiliation, or disabling condition; confidentiality of personal information, access (with certain exceptions) to the individual’s case records; and access to the Client Assistance Program administered in Virginia by the disAbility Law Center of Virginia. The legal basis for these civil rights are the Americans with Disabilities Act of 1992, the Workforce Innovation and Opportunity Act of 2014, the Civil Rights Act of 1962; and their implementing regulations.
All vendors of services for individuals who are applying for or receiving rehabilitation teaching/independent living services from DBVI must be in compliance with the Civil Rights Act. These include physicians, training institutions, hospitals, nursing homes, vocational schools, and those providing room and board or housing for individuals being served by DBVI. 34 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Right to Access to Case Record a. The individual receiving RT/IL services must be at least 18 years of age to request a copy of the case file or to review it, except:
- When parental rights have been terminated or a court has restricted or denied parental or representative access to the individual’s confidential records, or
- When the individual is emancipated (e.g., married, court order, etc.) b. Sharing case record information with individuals applying or receiving RT/IL services:
- Virginia Freedom of Information Act (FOIA) in § 2.2-3700 of the Code of Virginia and § 63.2-1509 of the Code of Virginia). Information within the case file that originated from another agency or organization shall not be disclosed to the individual or another party if the originating source has stipulated in writing that disclosure is prohibited, even when the individual consents to release (per 34 CFR § 367.69, and § 63.2-1509 of the Code of Virginia, and § 63.2-1606 of the Code of Virginia.
Informed Choice Though the term “informed choice” is not specifically defined by state or federal regulations pertaining to the delivery of independent living services, DBVI facilitates the delivery of services by ensuring that individuals have the opportunity to make informed choices about the services they receive.
In essence, informed choice means providing individuals applying for or receiving IL services, and as appropriate their representatives, with information about the availability of and opportunities to exercise their informed choice. 35 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Consideration of informed choice considers the individual’s values, characteristics, the availability of resources and alternatives, and general economic conditions. The Rehabilitation Teacher provides information to assist the individual to make relevant choices pertaining to the RT/IL services they receive including evaluation and assessment services, and service providers.
An individual exercising their informed choice does not obligate the RT/IL program to sponsor specific RT/IL services, service providers, or equipment, or pay costs above what is allowed by DBVI policy. Individuals who feel they have not been given the opportunity to exercise informed choice, regardless of the reason, must be informed of the right request a review of agency decisions by the Rehabilitation Teacher.
The Client Assistance Program In compliance with 34 CFR §367.68 (What notice must be given about the Client Assistance Program), the Rehabilitation Teacher will ensure that individuals applying for or receiving services through the RT/IL program understand their rights by providing information about the Client Assistance Services (CAP). The CAP is administered through the disAbility Law Center of Virginia (dLCV). Rehabilitation Teachers are required to put a case note in AWARE documenting that they have shared CAP information.
disAbility Center of Virginia 1512 Willow Lawn Drive, Suite 100 Richmond, Virginia 23230 804-225-2042 1-800-552-3962 36 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 11 AGENCY SERVICES Deafblind Services Mission: DeafBlind Services staff provides training, consultation, assessment, and technical assistance to each program of the agency to ensure that individuals who are deafblind can fully participate in the agency programs and services.
Note: The word deafblind refers to any individual who has a combined vision and hearing loss. People who are deafblind have all types and degrees of combined vision and hearing losses.
Eligibility: Individuals with combined loss of vision and hearing are eligible for DeafBlind Services regardless of age. Education Services staff provide services to deafblind children under the age of 14.
Most children under the age of 14 are primarily served by the Virginia Deaf-Blind Project for Children and Youth with Deaf-Blindness (the Virginia Deaf-Blind Project).
Note: DBVI follows the lead of the Virginia Association of the DeafBlind (VADB), a statewide individual advocacy organization for people who are deafblind. VADB uses one word, “deafblind”, to show that this is a unique disability (not deafness plus blindness or blindness plus deafness). The Virginia Deaf-Blind Project for Children and Youth with Deaf-Blindness uses “deaf-blind”, a term commonly used by national organizations and federal government agencies.
Using the following definitions, the DeafBlind Services program tracks individuals identified in the following categories: 37 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 DeafBlind: Any individual who has a central acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both of these conditions, Who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and For whom the combination of impairments causes extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining a vocation;
Who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives.
Blind-Hard of Hearing: Visual acuity not better than 20/200 central visual acuity in the better eye measured at 20 feet with correcting lenses (legally blind).
Visual acuity greater than 20/200 but with the widest diameter of the visual field in the better eye subtending an angle of no greater than 20 degrees, or a rapidly progressive eye condition which in the opinion of a qualified ophthalmologist will reduce distance vision to 20/200 or less or 20 degrees field of vision. 38 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation.
A 30 db loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability.
Individuals who have a 30 db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Visually Impaired/Hard of Hearing: Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70-degree horizontal field.
Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI.
Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation. May use sign language for communication.
A 30 db loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability. 39 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Individuals who have a 30-db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Visually Impaired/Deaf: Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70-degree horizontal field.
Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI.
Is unable to hear or understand speech, is unable to follow conversations unless facing speaker, due to the vision loss is unable to lip read conversation even when facing the speaker, may rely on sign language, sign language interpreters as their first choice for communication access with hearing people, have been identified in the past as being oral deaf or late deafened adults and now would also include many deaf individuals who use cochlear implants and/or English based sign language.
Role and Function of DeafBlind Services:
- Provide ongoing consultation and direction to agency staff to ensure that agency programs are accessible to deafblind individuals.
- Provide consultation and technical assistance to all DBVI staff and other professionals working with individuals who are deafblind.
- Develop and/or conduct training and public information programs on deafblindness. 40 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Identify resources for training of persons serving individuals who are deafblind.
- Serve as a resource for persons needing information or technical assistance in serving individuals who are deafblind.
- Assess individuals who are deafblind to determine their needs for communication aids and specialized equipment and;
- Provide rehabilitation teachers and/or vocational rehabilitation counselors (case managers) with written results and recommendations within ten workdays of completing an assessment.
Referral to DeafBlind Services Referrals to the DeafBlind Services staff may occur at any time if the individual or their case manager feels the individual can benefit from assistance related to dual vision and hearing loss, especially in the areas of communication, technology and/or independent living.
Assessment Results and Recommendations Within ten workdays of seeing the individual, Deafblind Services staff will provide the case manager with a written report.
Interpreters and CART Services: DBVI staff can request interpreters or computer assisted real time captioning (CART) services from the Virginia Department for the Deaf and Hard of Hearing (VDDHH).
DBVI staff can obtain interpreters by contacting free-lance interpreters’ local interpreting agencies and VDDHH.
Referral to Virginia Rehabilitation Center for the Blind and Vision Impaired (VRCBVI): 41 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Individuals receiving RT/IL services who are deafblind may be referred to VRCBVI for assessment and/or training.
Referral Procedures to the Helen Keller National Center (HKNC): Individuals receiving RT/IL Services who are deafblind may be referred to the Helen Keller National Center (HKNC).
Hearing Aids The purpose of a hearing aid is to increase the audibility of sounds (speech and non-speech) so that an individual may hear more sounds than he or she could hear and understand previously. A hearing aid does not “cure” a hearing loss and the benefits will vary among individuals. Much depends on the degree and configuration of the hearing loss, the individual’s cognitive functioning, environmental listening conditions, consistence of use and other factors. Hearing aids will not make a person’s hearing normal again. With special training, hearing aids will assist a moderately to severely hard of hearing person to discriminate and understand speech and environmental sounds.
Reviewing Hearing Aid Recommendations All hearing aid recommendations from audiologists or hearing aid providers are to be sent, along with each individual’s audiograms, to DeafBlind Services staff. It would also be helpful for the vocational rehabilitation counselor or rehabilitation teacher to add a brief sentence or two explaining what the individual's environment involves. For example, does the individual need the hearing aids for work? Will the individual be involved in many group meetings or in a noisy environment? Or will the individual mostly be at home with family and friends in a quiet listening environment? Information about the individual's listening 42 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 environment will be very helpful in determining what types of aids will fit their needs.
Prior to DBVI approving purchase of hearing aids, the Department of Aging and Rehabilitative Services (DARS) agency audiologist reviews each recommendation to ensure that the aids are appropriate for each individual and that audiologists or hearing aid providers are charging state approved rates. Purchase of hearing aides are made at the local DBVI level based on approval by the audiologist.
Otological Examinations: An otological examination is for the purpose of diagnosing and treating medical conditions associated with hearing loss.
Audiological Examinations: The audiological examination assesses hearing function, the reception of sound; the need for amplification, aural therapy, and other factors related to the individual’s hearing loss. If the individual requires a hearing aid, the audiologist will make this recommendation. If the individual already wears an aid, the audiologist can decide whether or not the present aid is satisfactory or should be repaired or replaced.
Diagnostic Evaluations Required: An audiological evaluation must be completed by a licensed audiologist in a sound-insulated booth prior to the purchase of hearing aids. An evaluation older than six months is expired and must be re-administered. An otological examination by a licensed otolaryngologist (a medical physician specializing in the treatment of diseases of the ear), is recommended if certain conditions are present in order to determine appropriate medical treatment.
These conditions are: 43 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Visible congenital or traumatic deformity of the ear
- History of active drainage from the ear within the previous 90 days
- History of sudden or rapidly progressive hearing loss
- Acute or chronic dizziness
- Unilateral hearing loss
- Audiometric air-borne gap equal to or greater than 15 decibels at 550 Hz, 1000 Hz, and 2000 Hz
- Visible evidence of significant cerumen or a foreign body in the ear canal, or
- Pain or discomfort in the ear.
Medical professionals providing these services must participate in the Department of Aging and Rehabilitative Services procurement program.
Exceptions: All individuals 18 years and younger must be medically examined by an otolaryngologist prior to purchasing hearing aids. For individuals over the age of 18, examinations by an otolaryngologist or otologist are not necessary if a previously diagnosed hearing problem that resulted in deformity of the ear or unilateral hearing loss has been stable.
The case manager will consult with DeafBlind Services staff prior to the audiological evaluation in order to assess the need for hearing aids. The aids should be compatible with assistive listening devices. Individuals with a combined vision and hearing loss have a reduced ability to speech read and therefore the use of assistive listening devices has proven to be very beneficial. In order for individuals to use assistive listening devices, hearing aids must have a telecoil (t-coil or t-switch). This feature is not on all hearing aids and should be requested for all individuals who have a combined vision and hearing loss.
LOW VISION SERVICES 44 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Low Vision Services within the Department for the Blind and Vision Impaired offer an interdisciplinary approach through a group of professionals with varied and specialized training who coordinate activities to serve the individual with low vision. The rehabilitation teacher (RT) provides appropriate low vision services as incorporated in the Low Vision Policies and Procedures Manual, which is available to every professional worker. When serving RT individuals with low vision needs, the RT should refer to this manual for appropriate low vision practices.
Low vision exams may be provided to individuals who are eligible to receive services from a rehabilitation teacher. This low vision exam must be provided by a low vision examiner who has a current contract with the Department for the Blind and Vision Impaired. A low vision exam is provided to an individual regardless of participation in cost of service.
ORIENTATION AND MOBILITY Orientation and Mobility (O&M) training helps those who are blind or have low vision know where they are, where they want to go (orientation), and how to get there safely and independently by walking or using transportation (mobility). Specifically, DBVI O&M specialists teach adults who are blind or have low vision the skills and concepts they need in order to travel independently and safely in their home or community.
Priority for Services O&M Specialists serve all eligible individuals receiving services within their assigned territory. Individuals who need O&M service are prioritized as follows:
- Individuals who are receiving vocational rehabilitation (VR) services including transition aged students. 45 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- Non-vocational - Individuals who are in Training status on a Rehabilitation Teaching /Independent Living (RT/IL) caseload Support Canes O&M instructors are considered the most qualified authority at DBVI to work with individuals receiving services to develop goals, plans and programs of instruction with white canes. Staff working with individuals who may benefit from the use of a white cane, should refer the individuals for a consult with the O&M program staff. 46 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 12 Referral to Vocational Rehabilitation Program Individuals who indicate that they are interested in employment will be referred to the Vocational Rehabilitation Program. The RT will initiate the referral with an email to the intake specialist that includes the following information: A. Individual’s name B. Age C. Address D. Best contact phone number E. Email address if applicable F. Cause of vision loss G. Prior work experience (if known) Once the VR counselor receives the referral, a staffing will take place between the RT and the VR Counselor. The RT and the VR counselor will meet at a minimum of once a quarter to discuss individual’s progress. 47 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 13 Protection of Personal Information
A. Personal Information
In accordance with federal regulations pertaining to the provision of RT/IL, DBVI has adopted policies and procedures to safeguard the confidentiality of all personal information of individuals who apply for or are RT/IL services through DBVI. DBVI assures that applicants and eligible individuals, their representatives, services providers, cooperating agencies, and interested persons are informed through appropriate forms of communication of the confidentiality of personal information and the conditions for accessing and releasing this information.
Protection, use, and release of personal information In Virginia, “personal information” is defined by the Government Data Collection and Dissemination Act (§ 2.2-3801) and means all information that (i) describes, locates or indexes anything about an individual including, but not limited to, his social security number, driver's license number, agency-issued identification number, student identification number, real or personal property holdings derived from tax returns, and his education, financial transactions, medical history, ancestry, religion, political ideology, criminal or employment record, or (ii) affords a basis for inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual; and the record of his presence, registration, or membership in an organization or activity, or admission to an institution. "Personal information" shall not include routine information maintained for the purpose of internal office administration whose use could not be such as to affect adversely any data subject nor does the term include real estate assessment information. 48 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Rehabilitation Teachers, Regional Managers, Intake Workers, and agency administrators shall inform all individuals applying for or receiving RT/IL services, through the individual’s native language or other appropriate mode of communication to ensure the applicant understands (per § 2.2-3806 of the Code of Virginia and 34 CFR 367.69) the following information:
- Rehabilitation Teachers will collect confidential information only for the purposes of providing RT/IL services including, personal information necessary for case management, determining eligibility for RT/IL services, developing and implementing the individual’s Plan, referral, and coordination of services with community partners, etc.
- How an individual’s personal information will be used;
- That individuals applying for or receiving RT/IL services are not legally required to provide their social security number to DBVI (per § 2.2-3808 of the Code of Virginia);
- The consequences of not providing information that DBVI requires in order to provide RT/IL services. For example, if an individual chooses not to provide financial information for DBVI to apply a financial means test, the individual may not be eligible to receive certain cost services;
- Other agencies (if any) to which DBVI routinely releases individual information;
- The individual’s right to ask what information has been shared with whom and why;
- That the individual’s signed consent is required in order for DBVI to obtain or release information in which the individual’s identity is or may be readily ascertained except when disclosure without consent is allowed or mandatory under federal or state law or regulations;
- The purpose and key provisions and protections of the DBVI confidentiality release form (34 CFR § 367.69) including 49 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 types of information to be disclosed, expiration date of release form, parties to be listed on the release, the right to view the information released unless access is prohibited, and the individual’s right to revoke and amend the release form.
- The Rehabilitation Teacher shall explain the consequences of not signing the release; 10. If the Rehabilitation Teacher determines that the individual does not understand the form or process, the individual’s representative must sign the form, 11. The Rehabilitation Teacher shall not, under any circumstance, sign the release form or serve as the individual’s legally authorized representative. 12. The Rehabilitation Teacher shall explain the individual’s right to confidentiality by giving the individual materials in the individual’s preferred format during the initial meeting, during teaching sessions, and in other instances where the individual’s release of information is required to enable the individual to comprehend and respond to information.
B. Collection and Use of Personal Information.
DBVI has authority under federal and state law to collect, maintain, use and disseminate only that personal information permitted or required by law, or necessary to accomplish a proper purpose of the agency (per § 2.2-3808 of the Code of Virginia;
Workforce Innovation and Opportunity Act (2014); 34 CFR § 367.69).
- Personal information shall be used only for the purposes directly connected with the administration of the DBVI RT/IL Program. The Intake Worker and the Rehabilitation Teacher primarily collects, maintains, uses, and disseminates 50 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 personal information throughout the RT/IL process including referral for services, application, eligibility determination, Plan development, and service provision including evaluation of progress toward achieving the goals identified in the Plan and assisting the individual in receiving goods and/or services through vendors or other agencies.
- DBVI medical consultants shall have access to confidential information in an individual’s file and have authority to copy this information, when necessary, within the context of specific case management and service delivery purposes.
- If the individual applying for or receiving DBVI RT/IL services chooses not to provide personal information RT/IL services provided by DBVI may be limited. Examples include but are not limited to: a. Financial information required for to determine whether an individual is required to participate in cost of vocational rehabilitation services based on financial need; b. Financial aid and education records that are required for DBVI to sponsor education and training; c. Medical insurance and vendor information required for DBVI to sponsor physical or restoration assessment and treatment services; d. Training vendor reports for training services; and e. Information needed to identify and use comparable benefits.
C. Consent to Release Information Personal information in which the identity of the individual being served is or may be readily ascertained shall not be disclosed to, exchanged with, or requested from another person or entity unless the individual (or representative, as appropriate) gives informed written consent or unless federal or state law or 51 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 regulations permit or require release without consent (per § 2.2-3803 of the Code of Virginia and 34 CFR § 367.39).
The Rehabilitation Teacher must use the appropriate consent to release information form in order to obtain necessary documents for eligibility determination and the provision of services and to allow for necessary and ongoing communication related to the services the individual is receiving. However, the Rehabilitation Teacher must ensure there is a specific need for the information or communication that the release provides for, and that the individual has been given clear information and informed choice regarding the need for them to consent to the release. At any point where the Rehabilitation Teacher determines that the information or communication is no longer required, the consent to release must be terminated through informed choice with the individual. The Rehabilitation Teacher will determine at the required one-year review of each consent to release information whether there is a continuing need for the consent and if not will not request the individual to sign a new consent.
DBVI uses three primary consents to release information forms.
- Authorization for Disclosure of Protected Health Information
- Authorization for Release of Personal Information
- Authorization to Release Drug and Alcohol Diagnosis and Treatment Records D. General Rules for Use of Consent to Release Information Expiration: DBVI authorizations for release of information will terminate one year from the original date of signature unless the individual specifies an earlier date or there is a condition such as case closure with one exception. The Authorization for Release of Personal Information does not have an annual renewal requirement. 52 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Signature(s): To be legally binding, DBVI’s authorizations for release of information must be signed by the individual, custodial parent, legal guardian, or power of attorney. DBVI staff shall not sign on behalf of any individual applying for or being served by DBVI. Verbal signatures are not allowed.
Powers of Attorney (POA) and Guardianship: DBVI requires documented proof of the authority/designation of individuals who are reported to be an individual’s POA or Guardian. This documentation will be included in the individual’s case file.
Witness: A witness name and signature are required when the individual is legally competent to make an informed choice to provide but does not have the ability to affix a signature due to disability or medical condition. Any DBVI staff member may serve as a witness in this instance.
The DBVI staff member requesting the authorization to release information shall ensure that the individual receives a copy of the authorization. Authorizations to release information shall not be modified or amended after the signature of the individual has been obtained. Authorizations to release information shall not be signed by the individual unless the authorization is complete; in no circumstance shall a DBVI employee request that an individual sign a blank authorization to release information.
Consent to Release Information Continued a. DBVI must make all requested information in the individual’s record of services accessible to and must release the information to the individual or the individual’s representative in a timely manner. 53 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 b. DBVI shall not release medical, psychological, or other information the agency has deemed harmful to the individual directly to the individual but must be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual. c. Personal information in the case record that DBVI obtained from another agency or organization may be released only by, or under the conditions established by, the other agency or organization (34 CFR § 367.69), unless specifically requested by judicial order. d. Release of information to parents or legal guardians a. The parents or legal guardians of individuals who are applying for or receiving services who are under age 18 have the right to review the minor child’s case record (including information about the child dropping out of school, sexual activity, etc.), discuss the individual’s RT/IL services, or make decisions about the individual’s RT/IL (including signing DBVI documents for the individual), without the individual’s informed written consent except: i. Any information regarding outpatient diagnosis, treatment, care, or rehabilitation for alcohol or other substance abuse, mental illness, or emotional disturbances (§ 54.1-2969 of the Code of Virginia). However, the individual’s consent is not required for parental access to inpatient treatment, care, or rehabilitation since minors cannot check themselves into an inpatient treatment program, or for parental access to other types of information (e.g., child is sexually active, child has dropped out of school, etc.), or 54 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 ii. When parental rights have been terminated or a court has restricted or denied parental or representative access to the individual’s confidential records, or iii. When the individual is emancipated (e.g., married, court order, etc.), or iv. Any information furnished in confidence to the Virginia Department of Social Services and an investigation is ongoing (e.g., on abuse or neglect charges) and any information Social Services provided to the Rehabilitation Teacher with a stipulation that release of the information is prohibited. b. For parents of individuals who are applying for or receiving services and are 18 or older and are legally competent, informed written consent is required in order for the parent to review or obtain a copy of the individual’s vocational rehabilitation case file, discuss the individual’s rehabilitation teaching/ independent living decisions on the individual’s behalf (including signing DBVI documents). Informed written consent is required for parental access to special education records when the individual is 18 years or older (per P.L. 105-17 Individuals with Disabilities Education Act, Federal Regulation 34 CFR § 300.520). c. The parent cannot make decisions on behalf of a child who is 18 years or older unless the parent is a court-appointed legal guardian. The guardian must furnish personal identification (e.g., driver’s license) and sign a written statement for the individual’s DBVI Rehabilitation Teaching/Independent Living case file that he or she is the legal guardian. The Rehabilitation Teacher shall ensure that a copy of the identification document and statement are in the individual’s rehabilitation teaching/independent living case file. 55 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 d. Law enforcement, fraud, or abuse i. DBVI has the authority to disclose requested personal information without consent in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state law or regulations (Federal Regulation 34 CFR § 367.69 (e)). e. Judicial Orders a. DBVI has the authority to disclose requested personal information without consent in response to an order issued by a judge, magistrate, or other authorized judicial officer. (Federal Regulation 34 CFR § 367.69(e) (3)). i. DBVI staff shall not respond directly to any judicial order without approval of and guidance from a representative from the Commissioner’s Office. ii. Within one calendar day of receipt, DBVI staff shall scan the judicial order to the Deputy Commissioner for Services. iii. The Deputy Commissioner for Services shall release the appropriate records as directed by the Attorney General. iv. No copies are authorized to be made unless directed by the Deputy Commissioner for Services. There is no copying charge if the judicial order is issued by or on behalf of the individual applying or receiving vocational rehabilitation services (individual being served). For other judicial orders, unless it states there are to be no copying charges, DBVI shall charge 50 cents per page for up to 50 pages and 25 cents per additional page for a copy from paper or other hard copy generated from computerized or other electronic storage (per § 8.01-413 of the Code of 56 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Virginia). The check is made payable to Virginia Department for the Blind and Vision Impaired. v. The Rehabilitation Teacher shall maintain a copy of the judicial order with a notation of the date of release and a copy of the DBVI written response in the individual’s paper file (per § 2.2-3803 of the Code of Virginia). f. Subpoena or subpoena duces tecum issued by a clerk of the court or an attorney. a. DBVI shall not release any records from or associated with Independent Living program unless the individual applying for or receiving services gives informed written consent or by judicial order (per 34 CFR § 367.69 (e)) b. Medical or psychological records pertaining to the individual’s vocational rehabilitation services (or other agency programs or services) shall not be released unless the individual applying for or receiving rehabilitation teaching/independent living services gives informed written consent (per 34 CFR § 367.69 (e)(2)) c. The following procedures shall apply: i. DBVI staff shall not respond directly to any subpoena or subpoena duces tecum. ii. DBVI staff shall immediately fax the subpoena or subpoena duces tecum to the Deputy Commissioner for Services. iii. The Deputy Commissioner for Services will advise DBVI staff of the actions to occur. iv. The Rehabilitation Teacher shall keep in the individual’s case record the subpoena/subpoena duces tecum with a notation of the date any information was released and a copy of the DBVI written response to document the disclosure (per §
- 2-3803 of the Code of Virginia). v. There is no copying charge if the subpoena or subpoena duces tecum is issued by or on 57 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 behalf of the individual who is applying for or receiving Rehabilitation Teaching/Independent Living service. Otherwise, unless it states there are to be no copying charges, DBVI shall charge 50 cents per page for up to 50 pages and 25 cents per additional page for a copy from paper or other hard copy generated from computerized or other electronic storage (per § 8.01-413 of the Code of Virginia). The check is made payable to Virginia Department of Rehabilitative Services. g. Rehabilitation Services Administration a. DBVI has the authority to disclose requested personal information without consent by the applicant or individual receiving rehabilitation teaching services in response to requirements of the Rehabilitation Services Administration (RSA) as allowed by law. DBVI program staff are not required to record these disclosures in the individual’s case record (per § 2.2-3808.1 of the Code of Virginia). h. Health and Safety a. DBVI staff may disclose personal information in an emergency when the individual who is applying for or receiving rehabilitation teaching/independent living services poses a threat to his or her safety, safety of others, or a situation in which it is reasonable to believe that a delay would result in death, serious physical injury, or other danger to the individual or others (per 34 CFR § 367.69 (e) (5)). Examples of emergency include, but are not limited to inquiry by law enforcement regarding an emergency situation, emergency or commitment to a hospital, inquiry from an acute care hospital, etc. b. Consent is not required to disclose any alcohol or substance abuse records, including information that the person abuses alcohol or substances, to qualified 58 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 medical personnel in a medical emergency (per federal regulation 42 CFR § 2.64). i. Mandated Reporters a. If a DBVI staff member suspects that an individual applying for or receiving rehabilitation teaching/independent living services is about to confide abuse, neglect or exploitation of themselves, a child, or of another adult, the staff member must inform the individual that the DBVI staff member is required by law to report complaints to the Department of Social Services but that all information relating to the complaint and any forthcoming investigation will remain confidential and will not be released without a judicial order. The staff member must note in the individual’s case file the date the report was made and list any documents DBVI provided to the Department of Social Services. b. DBVI staff must report, within 72 hours, to Department of Social Services any suspected abuse or neglect of child, even if the individual shares the information with the staff member in confidence. The staff member may be subject to a state fine for failing to report the information within 72 hours of first suspicion. The DBVI staff member must report the information to the Social Services office in the locality where the individual resides, or where the alleged incident is believed to have occurred. Suspected child abuse and neglect may also be reported through the Social Services toll-free child abuse and neglect hotline. The report may be oral or in writing (per § 63.2-1509 of the Code of Virginia). c. DBVI must immediately report any suspected abuse, neglect, or exploitation of an adult, even if the individual shares the information with the staff member in confidence, to the adult protective services hotline or the Department of Social Services office in the locality 59 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 where the individual resides or where the abuse, neglect or exploitation is believed to have occurred. The DBVI staff must note in the case file the date the report was made and list any documents DBVI provided to the Department of Social Services. Any rehabilitation teacher who has reason or cause to suspect that an adult has died as a result of abuse or neglect must immediately report this suspicion to the appropriate medical examiner and law enforcement agency. d. The rehabilitation teacher may be subject to a fine for failing to immediately report the information upon reason to suspect and will be subject to a criminal conviction for making or causing to be made a false report (per § 63.2-1606 of the Code of Virginia). e. Even with informed written consent, DBVI shall not release any information that the Department of Social Services has indicated shall not be re-released (per § 63.2-105 of the Code of Virginia. j. Audit, evaluation, or research a. DBVI staff shall not respond directly to a request for information for the purpose of audit, evaluation or research by non-DBVI staff. Staff shall refer the requester to the Director of Instruction. b. DBVI Administrators or designated staff may disclose personal information of individuals being served without consent for audit, evaluation, or research subject to the following guidelines: i. The information must be used only for purposes directly connected with the administration of the Rehabilitation Teaching/Independent Living Program or for purposes that would significantly improve the quality of life for individuals being served (per 34 CFR § 367.69) ii. The information may only be released if the organization, agency, or individual assures that, 60 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024
- The information will be used only for the purposes for which it is provided; will be released only to those officially connected with the audit, evaluation or research; will not be released to the participants; and will be managed in a manner to safeguard confidentiality, and
- The final product will not reveal any confidential identifying information without participant informed written consent (per 34 CFR § 367.69). iii. The audit, evaluation or research may also be subject to pre-approval by a Human Research Review Committee (per § 32.1-162.16 of the Code of Virginia. iv. No disclosure case note is required (per § 2.2-3808.1 of the Code of Virginia). k. Alcohol, drug, or substance abuse information a. Information regarding alcohol or substance abuse diagnosis, treatment, care, or rehabilitation records for federally-funded or state programs shall not be released unless with informed written consent, judicial order, or other legal requirement (per federal regulation 42 CFR § 2.31, federal regulation 42 CFR § 2.32, federal regulation 42 CFR § 2.33). l. Non-RT/IL DBVI Staff a. Non-RT/IL Program staff.
Informed written consent shall not be required for other DBVI divisions and staff of DBVI who do not have responsibility for administering the Rehabilitation Teaching/Independent Program. m. Advisory bodies a. Information that does not contain identifiable personal information may be shared with the State Rehabilitation Council and other advisory bodies. Redacted hearing 61 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 decisions shall be shared with the State Rehabilitation Council as required (per Workforce Innovation and Opportunity Act of 2014). n. Business or potential employers a. Informed written consent shall be required and shall routinely relate only to the job abilities and reasonable accommodation needs (per P.L. 101-336 Americans with Disabilities Act of 1990), unless the individual receiving vocational rehabilitation and RT/IL services details on the consent form other information that may be disclosed. b. The consent may be blanket consent for all potential employers or a separate form for each potential employer. o. Providers. a. Informed written consent from the individual to whom the RT/IL services are being provided shall be required. 62 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 14 Casefile Management
The Rehabilitation Teacher has the primary responsibility for maintaining the case record for the individuals being served on their caseload. If at any point during the life of the individual’s case it is determined that information in the case record is incomplete, inaccurate, inappropriate, not pertinent nor relevant, and/or is potentially harmful to the individual a determination will be made to amend or purge the information. No information shall be purged from an individual’s case record without approval from the Regional Manager. a. No documents in the case record such as reports, assessments or evaluations, medical records, etc. received by the Rehabilitation Teacher from a source external to DBVI may be amended other than by the author of the document. b. Information in the case file for which the Rehabilitation Teacher was the author may be amended at any point by the teacher, either by editing the original case note or drafting a new note referencing the information that needs to be changed. If they determine they need to purge information in the case file (e.g., delete a case note), approval from the Regional Manager is required. c. Information in the case file for which the Rehabilitation Teacher was not the author but for which they believe should be amended or purged must be communicated to the Regional Manager along with a justification. The Regional Manager will then decide as to whether the information will be amended or purged after consultation with the Rehabilitation Teacher and the author of the information. 63 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 d. If a review of the case file (case review, audit, management review, etc.) identifies case record information that may need to be amended or purged, the Regional Manager, the Rehabilitation Teacher and the author of the information will be notified. The Regional Manager will decide regarding amending or purging the case information after consulting with the Rehabilitation Teacher and the author. The Director of Instruction must be made aware of the information in the case file that is being reviewed. e. Any amendment, alteration, or purging of information in an individual’s case record which potentially will impact their RT/IL services shall be communicated in writing to the individual being served.
Case Record Security DBVI regional office staff, VRCBVI staff, medical consultants, and DBVI Headquarters staff shall safeguard all confidential information of individuals being served within the RT/IL program in work areas and outside the office from loss, defacement, unauthorized changes, access by unauthorized persons, or unauthorized access to restricted information (per Government Data Collection and Dissemination Practices Act and § 2.2-3800 of the Code of Virginia). The Regional Manager shall institute office procedures, including storing information out of plain view at the end of the day, and locking the office when it is unattended to safeguard confidential information.
Transporting Case Folders The preferred method of transporting an RT/IL case folder from one regional office to another is by personal carrier. When the case folder is carried from one DBVI regional office to another by a staff member, the carrier is to sign out the case folder from the 64 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 transferring office and a staff member of the new office is to sign it in upon arrival.
When transporting a case folder by personal carrier is not timely or practical, it is to be sent by certified mail. If a case folder is to be sent by certified mail, the transferring teacher is to photocopy all essential case documents and keep them on file until the certified mail receipt card is returned. 65 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 15 Electronic Signature Policy DBVI staff may utilize agency approved electronic signature processes for the purpose of acquiring the individual’s signature on two documents. These two documents are: the Application for Services and the Financial Form. The use of the electronic signature process is intended to ensure RT/IL services are efficiently implemented and maintained when issues of time, travel, geographic location, or other reasons challenge the timely acquisition of a traditional “wet” signature, either in person or through the mail. However, for all consent to release information forms a “wet” signature is required.
Electronic signatures are deemed to be a valid signature when:
- The individual, or their designee, purposely and deliberately signs the document in question meaning that they understand and agree with the information contained in the document as demonstrated by their consent to use their electronic signature as a valid signature.
- The email address that the individual uses for the electronic signature process is unique to them or to someone to whom the individual authorizes for their email address to be utilized for the purposes of electronically signing the two documents mentioned above. The individual, or their designee, is responsible for updating the Rehabilitation Teacher should their email address change.
- The document is retained as a record that is available for future access. 66 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 DBVI and the individual must both agree to utilize an electronic signature procedure for each and every document requiring the individual’s signature. Individuals who consent to use an electronic signature procedure for a document do not waive their right to decline to sign future documents electronically. The individual will have been deemed to have approved the document to be signed and to have provided consent to use the electronic signature process once they have completed the steps outlined in the electronic signature policy. The approved date of the signed document is the date the electronic signature process was completed (date email was returned, time stamp in AWARE, etc.).
- The Rehabilitation Teacher will ensure individuals are provided with the Electronic Signature Information Sheet: ● At the point of application for RT/IL services; or, ● If not provided at application, prior to the first use of the electronic signature process; and, ● At any point the individual requests the document.
The Rehabilitation Teacher will review the information contained in the Electronic Signature Information Sheet with the individual at any point the document is provided or upon request for further review by the individual.
- In order to participate in the electronic signature process, the individual, or their designee, must provide the Rehabilitation Teacher with an email address. This should ideally be provided to the Rehabilitation Teacher during the application process but must be provided prior to the initial use of the electronic signature process. Individuals who do not have a unique email address or who do not have a designee may not participate in the electronic signature process.
- The individual, or their designee, will provide the Rehabilitation Teacher with any changes in their email address in a timely manner. In the circumstance where it 67 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 becomes apparent to the Rehabilitation Teacher that the email address has changed (e.g., email does not go through; bounces back) and they were not notified of the change, the electronic signature process will not be utilized until the individual, or their designee, has clearly communicated a new email address.
- Prior to initiating an electronic signature process for the purposes of acquiring an electronic signature, the Rehabilitation Teacher, through the informed choice process, must ensure the document to be signed has been thoroughly reviewed with the individual. This review may be done in person, by telephone, or through other virtual means (e.g., Google Hangouts, FaceTime, etc.).
- Individuals who approve a document through the electronic signature process are both approving the document and are consenting to use the electronic signature process.
- Individuals who do not approve the document, have questions regarding the document, or do not wish to use the electronic signature process, may decline to complete the electronic signature process. Those individuals will be instructed to contact their Rehabilitation Teacher.
- Once the individual has completed the electronic signature process, the Rehabilitation Teacher will ensure that the individual, or their designee, has a copy of the document that has been signed electronically, providing a copy of the document to the individual, or their designee, either electronically or by hard copy. All electronically signed documents, as well as any accompanying documentation (e.g. emails), will be maintained in the individual’s confidential file.
- Documents that have been signed electronically by the individual or their designee and require a signature of the Rehabilitation Teacher may also be signed electronically by 68 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 the Rehabilitation Teacher if agency procedure allows for it.
If not, the Rehabilitation Teacher must sign the document with a “wet” signature.
- Upon request by the individual, the Rehabilitation Teacher will provide the individual with all relevant documentation substantiating the individual’s approval of the document and the individual’s consent to use the electronic signature process. 69 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 16 RT Pre-ETS Services According to the Workforce Innovation and Opportunity Act (WIOA), a “Student with a Disability” means an individual with a disability who:
- Is still enrolled in secondary or enrolled in educational programs outside secondary school, including post-secondary education programs and has not exited, graduated or withdrawn;
- Is at least 14 years old but less than 22; or is still receiving services under the Individuals with Disabilities Education Act and is not older than the maximum age established by the Virginia Department of Education; and
- And has a disability (i.e. receives services under an IEP or 504 Plan; or has a disability for purposes of section 504 or is otherwise determined to be an individual with a disability).
Teachers will focus on two of the five core services of Pre-ETS services. These two core services are:
- PREETS12-R - workplace readiness training to develop social skills and independent living
- PREETS11-R - self-advocacy to include instruction in self-advocacy
Guidance for Orientation & Mobility Services for Students in Secondary Education When serving students are still enrolled in secondary education the RT is required to consider all comparable benefits first. 70 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 For example, it is the public school’s responsibility to provide general Orientation and Mobility (O&M) services for the student.
In most cases, the DBVI RT program only provides O&M for students who are still in secondary school if the services are specific and necessary to access a Pre-Employment Transition Service.
The RT may need to provide additional guidance and information for the student/parent regarding ways to work with the school system in effectively requesting and advocating for necessary services. 71 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 Chapter 17 Case Prioritization RT/IL Consumer Priority Standard: Demographics will cause the type of vision loss and age of potentially eligible individuals to vary across the Commonwealth. As teachers manage their caseloads and plan their field visits, the following priority for all open cases should be observed: Priority 1: Individual who is totally blind -- all ages Priority 2: Individual who is legally blind – all ages Priority 3: Individual who is visually impaired -- all ages 72 DBVI Rehabilitation Teaching and Independent Living Services Guidance Document 2024 73
7285 Vocational Rehabilitation Policy And Procedure ManDoc ID: 7285
DBVI VR Guidance Document 2024 Department for the Blind and Vision Impaired Vocational Rehabilitation Guidance Document
TABLE OF CONTENTS
CHAPTER 1 Referral and Application CHAPTER 1.1 Voter Registration CHAPTER 1.2 Policy Exceptions CHAPTER 1.3 Reciprocal Services – DBVI and DARS CHAPTER 2 Disability Criteria and Order of Selection CHAPTER 3 Informed Choice and Individual Confidentiality CHAPTER 4 Eligibility CHAPTER 5 Individualized Plan for Employment (IPE) Development CHAPTER 6 Individ. Plan for Employment (IPE) Services & Implementation CHAPTER 7 Agency Programs and Services CHAPTER 7.1 Virginia Enterprises for the Blind (VEB) CHAPTER 7.2 Deafblind Services CHAPTER 7.3 Low Vision Services CHAPTER 7.4 Orientation and Mobility (O & M) CHAPTER 7.5 Rehabilitation Technology Services CHAPTER 7.6 Self-Employment Enterprise (SEE) CHAPTER 7.7 Transition Services CHAPTER 7.8 Virginia Industries for the Blind (VIB) CHAPTER 7.9 Virginia Rehabilitation Center for the Blind and Vision Impaired CHAPTER 7.10 VR and Rehabilitation Teaching Coordinated Programs CHAPTER 7.11 Vocational Rehabilitation’s Relationship with Residential Schools CHAPTER 7.12 Business Relations Services/Schedule A Hiring CHAPTER 8 College and Other Post-Secondary Training
CHAPTER 9.
Supported Employment and Customized Employment CHAPTER 10 Training Programs/Non-Academic Training DBVI VR Guidance Document 2024 CHAPTER 10.1 On-The-Job Training CHAPTER 10.2 Paid and Unpaid Work Experiences CHAPTER 10.3 Tutorial Training (Non-Technology) CHAPTER 10.4 Tutorial Training (Technology Tutors) CHAPTER 10.5 Wilson Workforce & Rehabilitation Center CHAPTER 10.6 Work Adjustment Training CHAPTER 11 Other Goods and Services CHAPTER 11.1 Adaptive Equipment and Assistive Technology CHAPTER 11.2 Services to Family Members and Dependents CHAPTER 11.3 Interpreter Services CHAPTER 11.4 Maintenance CHAPTER 11.5 Occupational Licenses, Tools and Equipment CHAPTER 11.6 Personal Assistance Services (PAS) CHAPTER 11.7 Physical and Mental Restoration Services CHAPTER 11.8 Post-Employment Services CHAPTER 11.9 Transportation CHAPTER 11.10 Reader Services, Rehab. Teaching and O & M CHAPTER 12 Transition Services/Pre-Employment Transition Services (Pre-ETS) CHAPTER 13 Job Ready and Employment CHAPTER 14 Closure CHAPTER 15 Annual Reviews & Sub-Minimum Wage CHAPTER 16 Appeals CHAPTER 17 Financial Measures VR Guidance Document 2024
Chapter 1: Referral and Application Chapter 1
VR Referral and Application
Referral
DBVI must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through the One-Stop Service Delivery System. The standards must include timelines for making good faith efforts to inform these individuals of application requirement and to gather information necessary to initiate an assessment for determining eligibility and priority for services (Per CFR 34.361.41(a)).
DBVI accepts referrals for vocational rehabilitation services for blind, deafblind, and vision impaired adults and transition aged students who are interested in obtaining, regaining, or maintaining employment.
DBVI accepts referrals from the individual, family members, friends, physicians, advocates, service providers and others interested stakeholders. The Intake Coordinator in each of the six regional offices is responsible for contacting individuals who have been referred to provide information regarding DBVI services and for referring the individual to the appropriate agency programs for special services and to other community agencies for supplemental services as needed.
For those individuals who are receiving benefits through Social Security, either Social Security Disability benefits (SSDI) or Supplemental Security Income (SSI) on the basis of a disability or blindness, the VR counselor must provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning
- There is no age limit or residential requirement, durational or otherwise which, in and of itself, would result in DBVI determining an individual ineligible for services when the individual otherwise meets basic eligibility requirements.
However, as a practice, DBVI generally does not provide vocational rehabilitation services to individuals under the age of 14.
- Individuals must: a. Be legally in the United States with the ability to provide documented evidence of legal status from the United States of Citizenship and Immigration Services (USCIS) or other Federal agency of the U.S. government; b. Meet the VR eligibility requirements; 1 VR Guidance Document 2024
Chapter 1: Referral and Application c. Be available in Virginia to participate in and complete the individualized plan for employment (IPE); and d. Intend to work (and legally able to work) in the U.S.
The Workforce Innovation and Opportunity Act (WIOA) encourages a referral process for students with disabilities to be simple and engaging, with the goal of not creating needlessly complex and prolonged procedures for applying for VR services.
Application for VR services can be made by the individual or by their authorized representative. An individual may initiate the application process by requesting individualized pre-employment transition services and other VR services.
Referrals for students aged 14 and older may come from any source (both internally and externally) including but not limited to DBVI Education Coordinators, TVI’s (Teachers of the Vision Impaired), Virginia Industries for the Blind (VIB), parents, students, local education authorities (LEA), community services boards (CSB), state agencies, and other community entities. 2 VR Guidance Document 2024
Chapter 1.1: Voter Registration Chapter 1.1
Voter Registration
National Voter Registration Act (1993)
The purpose of the National Voter Registration Act (52 U.S.C. §20501 et seq.) is to increase the number of citizens registered to vote and to establish safeguards that ensure a citizens' right to vote. The Act is designed to increase the number of Americans registered to vote by requiring many public agencies to provide registration opportunities to their clients in conjunction with other services.
In addition to the Department of Motor Vehicles, the National Voter Registration Act of 1993 requires that individuals be given the opportunity to register to vote or to change their voter registration data when applying for (or receiving) services or assistance from certain other state agencies designated by statute.
DBVI is identified as a state-designated voter registration agency for federal and state elections (per Code of Virginia 24.2-411.2). As such, the VR Counselor will ensure that the Commonwealth of Virginia Voter Registration information is provided to the applicant:
- At the point of their initial application for services (applying).
- Whenever an individual reapplies for services (renewal/recertification for services).
- Anytime an individual submits a change in their address.
Eligibility to Register to Vote
To be eligible to vote in Virginia, a person:
- Must be a citizen of the United States
- Must be a resident of the Commonwealth of Virginia (A person who has come to Virginia for temporary purposes and intends to return to another state is not considered a resident for voting purposes).
- Must be at least 18 years old by the date of the next general election.
- Must not be registered and plan to vote in another state.
- Must not currently be declared incompetent by a court of law.
- Be convicted of a felony, the right to vote must have been restored.
For more information regarding voter registration, please visit the Virginia Department of Elections website. 3 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection Chapter 1.2
Policy Exceptions
The VR counselor can request exceptions to policy when justified to meet the vocational rehabilitation needs of an individual. The counselor must follow the procedure outlined below to request an exception.
- Policy exceptions must be approved in writing by both the Regional Manager and the Director of Vocational Rehabilitation and Workforce Services.
- The VR counselor must provide the request for a policy exception in writing.
Requests can be communicated via email.
- The request must first be approved by the counselor’s Regional Manager, who will communicate a decision to the VR counselor within 5 working days. If the Regional Manager approves, they shall forward the request along with their approval to the Director of Vocational Rehabilitation and Workforce Services.
The Director of Vocational Rehabilitation and Workforce Services must respond with a decision on the request within 5 working days (the Deputy Commissioner for Services may act on the request in the Director of Vocational Rehabilitation and Workforce Services absence).
- The request should include the following: a. A brief statement providing background to the individual’s case b. Provide the specific policy the counselor is requesting an exception for c. Justification/rationale for the exception request d. Any additional information the Regional Manager or Director of Vocational Rehabilitation and Workforce Services may need to decide on the exception request
- If the Regional Manager (or the Director of Vocational Rehabilitation and Workforce Services) denies the policy exception request, they must document their rationale for doing so. The VR counselor shall communicate the denial to the individual being served and inform them of their appeal rights.
- If the policy exception is approved by both the Regional Manager and the Director of Vocational Rehabilitation and Workforce Services, that approval must be provided in writing to the VR counselor (email is acceptable). 4 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection Chapter 1.3
Reciprocal Services between Virginia Vocational Rehabilitation Agencies
Per 34 CFR 361.24(e), if there is a separate designated State unit for individuals who are blind, the two designated State units (general and blind) must establish reciprocal referral services, use each other's services and facilities to the extent feasible, jointly plan activities to improve services in the State for individuals with multiple impairments, including visual impairments, and otherwise cooperate to provide more effective services, including, if appropriate, entering into a written cooperative agreement.
The Department for the Blind and Vision Impaired (DBVI) and the Department for Aging and Rehabilitative Services (DARS) entered into a Cooperative Agreement effective July 1, 2014, providing for reciprocal (joint) services, including transition and pre-employment transition services (Pre-ETS) to students and youth. Referral to each agency may occur at any point. Criteria for jointly served cases are as follows:
- The individual meets the eligibility criteria for each agency;
- Each agency has the necessary expertise to address the disability related barriers to employment that the other agency does not have;
- Each agency provides a service that the other agency does not normally provide to the individuals it serves; and
- Each agency’s service is a substantial contribution to removing limitations to employment Written consent by the individuals being referred or served is required for each agency to exchange, release and obtain information from the other agency. Active communication, shared planning, and coordinated service delivery are critical. 5 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection Chapter 2
Disability Criteria and Order of Selection In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services (if DBVI is operating under an order of selection), DBVI must conduct an assessment for determining eligibility and priority for services. The assessment must be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice, and in accordance with the following provisions.
Further, federal regulations (34 CFR 361.5 (30)) contain certain requirements within their codes such that the vocational rehabilitation agency must be able to define how individuals with significant disabilities and most significant disabilities are differentiated from all other eligible individuals.
Per 34 CFR 361.5(30), an individual with a significant disability is defined as;
- The individual has a severe physical or mental impairment that seriously limits one or more functional capacities;
- The individual requires multiple VR services over an extended period of time;
- The individual has one or more physical or mental disabilities
Physical or mental impairment means
- Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
- Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Seriously Limits means the individual’s disability (or disabilities) has a significant functional impact on their life activities.
Functional Capacities refers to specific life activities such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills.
Multiple vocational rehabilitation services mean two or more ongoing VR services, such as guidance and counseling, placement assistance, and other services which address the serious limitations. 6 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection Extended period of time means a period of six (6) months or longer from the date of the Individual Plan for Employment (IPE) and could include extended support services provided through another entity than DBVI.
A. Significance of Disability The definition of an individual with a Significant Disability (SD) is:
- The severe vision impairment and/or any secondary disabilities, "seriously limits" one life activity (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome.
- The individual's vocational rehabilitation must also require multiple core VR services over an extended period of time (minimum of six months).
Guidance: “Core VR services” means significant or substantial services, which could include guidance and counseling, job placement, supported employment, Assistive Technology, etc. as opposed to complementary services, such as maintenance, bus tickets, etc.
The definition of an individual with a Most Significant Disability (MSD) is:
- The individual meets the definition of an individual with a significant disability and;
- The severe vision impairment and/or any secondary disabilities, “seriously limits” two or more life activities (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome and;
- The individual's vocational rehabilitation must also be expected to require multiple core VR services over an extended period of time (6 months or longer).
B. Definitions of Life Activities (Functional Capacities)
Mobility refers to the capability of moving efficiently from place to place.
Communication refers to accurate and efficient transmission and/or reception of information, either verbally (spoken or written) or non-verbally
Self-care refers to the skills necessary to fulfill basic needs such as those related to health, safety, food preparation and nutrition, hygiene and grooming, and money management 7 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection Self-direction describes the capacity to organize, structure and manage activities in a manner that best serves the objectives of the individual
Interpersonal skills refer to the ability of the individual to interact in a socially acceptable and mature manner with co-workers, supervisors, and others to facilitate the normal flow of work activities.
Work tolerance refers to the ability to carry out required physical and cognitive work tasks in an efficient and effective manner over a sustained period of time.
Work skills refers to the specific job skills required to carry out work functions as well as the capacity for an individual to benefit from training in these work functions.
C. DBVI Serious Functional Limitations Definitions The following table lists specific Life Activities and examples of Serious Limitations. The limitation must be as a specific result of the individual’s disability (or disabilities) and the functional limitations imposed by the disability on each of the life activities below would be determined to be significant enough such that it met the definition of a serious limitation.
Life Activity Definition and Examples of Serious Limitations Mobility The capability of moving efficiently from place to place.
A serious limitation exists when one or more of the examples below apply:
- The individual needs help to get to and from work, such as o special training to learn to get to and from work, or o a vehicle modification, or o is unable to travel to and from work (including accessing public transportation) without assistance
- The individual needs modifications, adaptive technology, or accommodations not typically made for other workers in order to move around the workplace, such as o modifications to a workstation or work environment (ramps or elevators); o a scooter, wheelchair, cane, or other mobility aid; or o a service animal.
- Other similar mobility deficits Self-care The skills necessary to fulfill basic needs such as those related to health, safety, food preparation and nutrition, hygiene and grooming, and money management 8 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection A serious limitation exists when one or more of the examples below apply:
- The individual cannot handle money or budgeting without assistance
- The individual cannot live independently without supports
- The individual lacks adaptive equipment techniques for monitoring diabetes.
- The individual needs help to manage self-care activities such as eating, dressing, grooming, or taking medication.
- The individual uses assistive or adaptive devices for self-care, such as a cane, braces, upper limb orthotics, or grab bars.
- Other similar self-care deficits A serious limitation in the area of self-care may occur because of blindness or physical, cognitive, or emotional impairments and may apply to all tasks of self-care or only to specific tasks.
Self-direction The capacity to organize, structure and manage activities in a manner that best serves the objectives of the individual A serious limitation exists when one or more of the examples below apply:
- The individual is unable to provide informed consent for life issues without the assistance of a court-appointed legal representative or guardian or has been declared legally incompetent.
- The individual is unable to understand rights or responsibilities in judicial or other proceedings even with utilization of an interpreter
- The individual becomes confused or disoriented in performing routine job tasks and needs the help of a job coach or other supports.
- The individual needs ongoing help or intervention (such as a job coach or constant monitoring and redirection on the job) to begin activities related to task completion, socialization, or behavior management.
- The individual consistently demonstrates poor planning and/or decision making leading to negative consequences, loss of job, etc. 9 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection
- The individual requires supervision or assistance with managing money, time or maintaining a schedule.
- Other similar self-direction deficits Work Skills The specific job skills required to carry out work functions as well as the capacity for an individual to benefit from training in these work functions.
A serious limitation exists when one or more of the examples below apply:
- The individual has difficulty in performing critical job tasks.
- The individual lacks work skills not typical for someone of his or her age due to minimal work history as a result of their disability.
- The individual has a history of poor attendance, lack of follow through, or unacceptable work behaviors due to physical or mental health problems.
- The individual needs modifications, adaptive technology, or accommodations (such as a note taker, interpreter, or personal assistant to get to and from training or to plan, problem solve, or organize work functions) not typically needed by workers without a disability to acquire necessary work skills or training or to get or keep gainful employment.
- The individual needs specialized supports not typically needed by workers without disabilities to get or keep a job and/or to acquire necessary basic work skills (for example, a job coach or natural supports, job duty modification, or job restructuring).
- The individual exhibits poor work habits resulting in a history of job loss (problems with attendance, timeliness, following instructions, etc.)
- Other similar work skills deficits NOTE: The lack of work skills alone does not meet the criteria for seriously limited capacity in work skills.
Work Tolerance The ability to carry out required physical and cognitive work tasks in an efficient and effective manner over a sustained period of time. 10 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection A serious limitation exists when one or more of the examples below apply:
- The individual requires frequent or extended periods of time from work due to necessary treatments or medical problems.
- The individual does not have the capacity or endurance to perform duties without modifications, adaptive technology and/or accommodations not typically made for others. For example, cannot sustain 8-hour workday, needs extra rest periods, needs adjustments in starting and ending times, needs shorter workday or week, etc.
- The individual is unable to perform tasks at a competitive work pace due to stamina problems.
- The individual cannot tolerate sitting/standing/bending/reaching to do a job which others without a disability could tolerate
- The individual lacks the capacity to effectively and efficiently perform job duties that require various levels of psychological demand (he or she may work poorly under stressful conditions or deadlines) and requires prescribed medication or specialized supports to sustain required levels of work function.
- Other similar work tolerance deficits Interpersonal Skills The ability of the individual to interact in a socially acceptable and mature manner with co-workers, supervisors, and others to facilitate the normal flow of work activities.
A serious limitation exists when one or more of the examples below apply:
- The individual has not acquired cultural age-appropriate interpersonal skills.
- The individual requires frequent intervention from teacher or supervisor in order manage behaviors
- The individual requires specialized services, modifications, or supports to establish appropriate relationships with co-workers, employers, and others in the workplace (for example, he or she has a history of job loss because of conflicts with employers or co-workers). 11 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection
- The individual is unable to respond appropriately to supervision or to respond appropriately to co-workers or the public.
- The individual requires specialized services or supports to reduce inappropriate behaviors that interfere with getting or keeping a job (for example, he or she has difficulty relating to co-workers, talks excessively, or behaves inappropriately in the job or training setting).
- The individual demonstrates significant social withdrawal which has resulted in an inability to prepare for or succeed in work
- The individual has a deformity, disfigurement or disability related behavior causing others to avoid relationships or interactions
- Other similar interpersonal skill deficits Communication The accurate and efficient transmission and/or reception of information, either verbally (spoken or written) or non-verbally A serious limitation exists when one or more of the examples below apply:
- The individual requires modifications, adaptive technology, or accommodations (not typically required for other people) to effectively and efficiently communicate orally or in writing with people without disabilities (for example, he or she needs an interpreter for training, braille, specialized interpreting services, use of a hearing aid to understand speech on the job, or use of specialized computer software)
- The individual does not demonstrate understanding of simple requests or is unable to understand one-to-two step instructions given through an interpreter
- The individual has severely impaired expressive or receptive communication skills, either oral or written.
- The individual is unintelligible to non-family members or the general public due to difficulty with expressive communication.
- Other similar communication deficits D. Order of Selection (OOS) 12 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection An Order of Selection (OOS) will be implemented when services cannot be provided to all eligible individuals with disabilities who have applied for services. Individuals with the most significant disabilities will be given priority for services.
Federal law and regulations stipulate that if a state Vocational Rehabilitation (VR) program does not have the resources to serve all eligible VR individuals, it must serve first those who have "the most significant disabilities." The VR agency is required to identify in order, by category, those individuals that will be served if resources are not available to serve all eligible individuals. In accordance with federal law and regulations, DBVI through the Director of Vocational Rehabilitation and Workforce Services, consults with the State Rehabilitation Council regarding: (i) the need to establish an order of selection; (ii) establishment of categories in the order of selection; (iii) establishment of criteria for each category; and (iv) administration of the order of selection. DBVI also conducts a public hearing prior to implementation of the order of selection. While DBVI may be operating under an Order of Selection, priority for services shall also apply to recipients and beneficiaries receiving Social Security benefits due to blindness or visual impairment who are presumed eligible for DBVI VR services.
- Determination of priority for services under an order of selection.
When DBVI is operating under an order of selection for services they must base their priority categories on (per 34 CFR 361.36); a. A review of the information that was collected by the VR counselor through the determination of eligibility process; and b. An assessment of any additional information collected by the VR counselor (such as through Trial Work Experiences), to the extent necessary. (per CFR 361.42(f)(2))
- Department for the Blind and Vision Impaired Order of Selection Categories
Category I: Individuals with a Most Significant Disability (MSD)
- The individual meets the definition of an individual with a significant disability and;
- The severe vision impairment and/or any secondary disabilities, seriously limits two or more life activities (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome and;
- The individual's vocational rehabilitation must also be expected to require multiple core VR services over an extended period of time (6 months or longer).
Category II: Individuals with a Significant Disability (SD): 13 VR Guidance Document 2024 Chapter 2: Disability Criteria and Order of Selection
- The severe vision impairment and/or any secondary disabilities, "seriously limits" one life activity (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome.
- The individual's vocational rehabilitation must also require multiple core VR services over an extended period of time (minimum of six months).”
Category III: All Other Eligible Individuals 14 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality Chapter 3
Informed Choice and Individual Confidentiality
DBVI provides identification of and guidance pertaining to an individual’s rights identified through 34 CFR Part 361 (State Vocational Rehabilitation Services), the American’s with Disabilities Act, the Civil Rights Act of 1964, and the Regulatory Code of Virginia.
DBVI in no way intends for this chapter to be interpreted as an exhaustive or comprehensive listing or citing of an individual’s rights, rather that the guidance identify rights specific to vocational rehabilitation services provided to applicants and eligible individuals receiving services.
In accordance with federal regulations pertaining to the provision of vocational rehabilitation services, DBVI has adopted policies and procedures to safeguard the confidentiality of all personal information of individuals who apply for or are receiving vocational rehabilitation services through DBVI. DBVI assures that applicants and eligible individuals, their representatives, services providers, cooperating agencies, and interested persons are informed through appropriate forms of communication of the confidentiality of personal information and the conditions for accessing and releasing this information (34 FR 361.38).
Informed Choice DBVI’s state plan and vocational rehabilitation policies and procedures assure that individuals who apply for or are receiving vocational rehabilitation services and as appropriate, their representatives, are provided information and support services to assist the individual in exercising informed choice throughout the rehabilitation process consistent with section 102(d) of the Workforce Innovation and Opportunity Act (WIOA).
Though the term “informed choice” is not specifically defined in the federal regulations pertaining to the provision of vocational rehabilitation, the significant scope of choice provisions in WIOA and the subsequent regulations serve to identify that all stages of the vocational rehabilitation process require DBVI to inform individuals about the availability of and opportunities to exercise informed choices.
In essence, informed choice means informing each applicant and recipient of services (including students with disabilities who are making the transition from education programs to programs administered by DBVI, as well as youth with disabilities) and as appropriate, their representative, through appropriate modes of communication, about the availability of and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive other disabilities who require assistance in exercising informed choice throughout the vocational rehabilitation process. 15 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality This decision-making process considers in the individual’s values, characteristics, the availability of resources and alternatives, and general economic conditions. The vocational rehabilitation counselor provides guidance and counseling to assist the individual to make relevant choices pertaining to establishing a vocational goal, vocational rehabilitation services that include evaluation and assessment services, and service providers.
Personal Information
- Protection, use, and release of personal information
Personal information is defined by the Government Data collection and Dissemination Act as all information that describes, locates, or indexes anything about an individual applying for or receiving VR services, including real or personal property holdings derived from tax returns, education records, financial transactions, medical records, ancestry, criminal record, employment record, or that affords a basis for inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual: and the record of the individual presence, registration, or membership in an organization or activity, or admission to an institution. Formats for personal information may include, but are not limited to, written records, photographs, audiotapes, videotapes, electronic data, or other media reproductions.
DBVI Vocational Rehabilitation Counselors, Regional Managers, Intake Workers, and agency administrators shall inform all Vocational Rehabilitation program applicants, through the individual’s native language or other appropriate mode of communication to ensure the applicant understands (per § 2.2-3806 of the Code of Virginia and Federal Regulation 34 CFR § 361.38) of the following: a. DBVI’s need to collect confidential information is only for the purposes of providing vocational rehabilitation services. This need could include but is not limited to collecting personal information necessary for case management, determining eligibility for VR services, developing, and implementing an Individual Plan for Employment, referral and coordination of services with community partners, etc. b. How an individual’s personal information will be used; c. That individuals applying for or receiving vocational rehabilitation services are not legally required to provide their social security number to DBVI (per § 2.2-3808 of the Code of Virginia) and that the impact of not providing the social security number may delay presumption of eligibility if the individual is a recipient of SSI or SSDI unless the individual can provide documentation of receipt of those benefits; d. The consequences of not providing information that DBVI requires in order to provide vocational rehabilitation services (for example, an unwillingness 16 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality to provide financial information in order for DBVI to apply a financial means test could mean the individual would not be eligible to receive some services); e. Other agencies (if any) to which DBVI routinely releases individual information; f. The individual’s right to ask what information has been shared with whom and why; g. That the individual’s signed consent is required in order for DBVI to obtain or release information in which the individual’s identity is or may be readily ascertained except when disclosure without consent is allowed or mandatory under federal or state law or regulations; h. The purpose and key provisions and protections of the DBVI confidentiality release form (per 34 CFR § 361.38). This includes disclosure parameters (e.g., types of information to be disclosed, expiration date of release form, parties to be listed on the release), the right to view the information released unless access is prohibited, and the individual’s right to revoke and amend the release form.
- The Vocational Rehabilitation Counselor shall explain the consequences of not signing the release;
- If the Vocational Rehabilitation Counselor determines that the individual does not understand the form or process, the individual’s representative must sign the form;
- The Vocational Rehabilitation Counselor cannot, under any circumstance, sign the release form or serve as the individual’s legally authorized representative. i. The Vocational Rehabilitation Counselor will explain the individual’s right to confidentiality by giving the individual materials in the individual’s preferred format during the initial meeting, during vocational rehabilitation counseling and guidance sessions, or in other instances where the individual’s release of information is required to enable the individual to comprehend and respond to information.
Collection and use of personal information DBVI has authority under federal and state law to collect, maintain, use and disseminate only that personal information permitted or required by law, or necessary to accomplish a proper purpose of the agency (per § 2.2-3808 of the Code of Virginia; Workforce Innovation and Opportunity Act (2014); 34 CFR § 361.38. a. Personal information shall be used only for the purposes directly connected with the administration of the DBVI Vocational Rehabilitation Program. The Intake Worker and the Vocational Rehabilitation Counselor primarily collects, maintains, uses, and disseminates personal information throughout the vocational rehabilitation process including referral for vocational rehabilitation services, application, eligibility determination, Individualized Employment Plan (IPE) development, and service provision which includes evaluation of progress toward 17 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality achieving the vocational goal identified in the IPE and assisting the individual in receiving goods and/or services through vendors or other agencies. b. DBVI medical consultants shall have access to confidential information in vocational rehabilitation files and have authority to copy this information when necessary, within the context of specific, assigned job duties or when necessary for case management and service delivery purposes. c. If the individual applying for or receiving DBVI VR services chooses not to provide personal information vocational rehabilitation services provided by DBVI may be limited.
Consent to release information Personal information in which the identity of the individual being served is or may be readily ascertained shall not be disclosed to, exchanged with, or requested from another person or entity unless the individual (or representative, as appropriate) gives informed written consent or unless federal or state law or regulations permit or require release without consent (per § 2.2-3803 of the Code of Virginia and 34 CFR § 361.38).
The VR counselor must use the appropriate consent to release information form in order to obtain necessary documents for eligibility determination and the provision of VR services and to allow for necessary and ongoing communication related to the VR services the individual is receiving. However, the counselor must ensure there’s a specific need for the information or communication that the release provides for, and that the individual has been given clear information and informed choice regarding the need for them to consent to the release. At any point where the VR counselor determines that the information or communication is no longer required, the consent to release must be terminated through informed choice with the individual. As such, the VR counselor will determine at the required one-year review of each consent to release information if there is a continuing need for the consent and if not will not request the individual to sign a new consent.
DBVI uses three primary consents to release information forms (below). Other consents designed for more specific information may be found in the DBVI Document Repository.
- Authorization for Disclosure of Protected Health Information
- Authorization for Release of Personal Information
- Authorization to Release Drug and Alcohol Diagnosis and Treatment Records
Civil Rights Individuals applying for or receiving vocational rehabilitations services have certain civil rights guaranteed by law. Among these rights are the rights to receive services on a nondiscriminatory basis without regard to race, color, creed, sex, national origin, age, political affiliation, or disabling condition; confidentiality of personal information, access (with certain exceptions) to case folders; and access to the Client Assistance Program 18 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality administered in Virginia by the disAbility Law Center of Virginia. The legal basis for these civil rights is the Americans with Disabilities Act of 1992, the Workforce Innovation and Opportunity Act of 2014, the Civil Rights Act of 1962; and their implementing regulations. a. All vendors of services for individuals who are applying for or receiving vocational rehabilitation services from DBVI must be in compliance with the Civil Rights Act. These include physicians, training institutions, hospitals, vocational schools, and those providing room and board or housing for individuals being served by DBVI. b. DBVI staff providing vocational rehabilitation services to individuals who are applying for or receiving services must be familiar with dealing with civil rights compliance requirements.
Case File Establishment of a Case File: A confidential case record (to include all participant information within AWARE as well as a paper file) shall be established at time of application. The individual’s case file shall contain the following documentation, to the extent pertinent (per 34 CFR 361.47 - Record of services) a. Documentation supporting the eligibility determination, or ineligibility determination, or closing the case for another reason; b. Documentation supporting a determination of significant disability (SD) or most significant disability (MSD), c. Documentation supporting the need for Trial Work Experience to determine eligibility, and the TWE plan, and results of the periodic review, d. IPE and any amendments e. Documentation describing extent to which the individual exercised informed choice in selecting eligibility assessment services; and selecting the IPE employment goal, VR services and providers and methods to procure the services, employment, and service settings; and for services not provided within a competitive, integrated setting, justification to support the need of a non-integrated setting. f. For a competitive, integrated employment outcome, verification that the individual is compensated at or above the minimum wage and that wage and benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals g. For an employment outcome in an extended employment setting or sub-minimum wage, documentation of the annual reviews and either the individual’s input into the reviews or individual’s acknowledgement that the reviews were conducted h. Documentation concerning any action or decision resulting from a request for informal administrative review, formal mediation, or hearing (including administrative review of a hearing decision) 19 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality i. Individual’s request to amend or challenge the case record if the record is not amended j. Documentation of information and referral services provided if the case is in Delayed status under Order of Selection k. For Closed- Rehabilitated, status, documentation that the provisions for successful case closure are satisfied, including that the employment is consistent with the definition of competitive, integrated employment Individual’s Access to Case Record The individual receiving VR services must be at least 18 years of age to request a copy of the case file or to review it, except:
- When parental rights have been terminated or a court has restricted or denied parental or representative access to the individual’s confidential records, or
- When the individual is emancipated (e.g., married, court order, etc.), Case record information available to individuals being served
- The VR counselor will make available to the individual being served all information in the case file (progress notes, reports, AWARE screens, emails, etc.) when requested in writing by them (or their representative, as appropriate), either by making the information accessible to the individual (or their representative) or release a copy to the individual in a timely manner (per Virginia Freedom of Information Act (FOIA) in § 2.2-3700 of the Code of Virginia, and 34 CFR § 361.38, and § 63.2-1509 of the Code of Virginia).
Information within the case file that originated from another agency or organization shall not be disclosed to the individual or another party if the originating source has stipulated in writing that disclosure is prohibited, even when the individual consents to release (per 34 CFR § 361.38, and § 63.2-1509 of the Code of Virginia, and § 63.2-1606 of the Code of Virginia, The VR counselor and/or Regional Manager will communicate to the Director of Vocational Rehabilitation and Workforce Services when a FOIA request has been made by an individual (or for the individual by their family or an authorized representative).
Challenges to case file
- Rights of Individuals served to challenge the VR case file Individuals being served within the VR program have the right to challenge, correct, or explain information contained in the VR case file (per Government Data Collection and Dissemination Practices Act and § 2.2-3806 of the Code of Virginia). 20 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality Administrative Challenges to Case Record In addition to a challenge from the individual being served, there may be a need to amend or purge documentation in the case record as a result of newly obtained information, an administrative review, case audits, or other reasons resulting in the review of the case file.
The Vocational Rehabilitation Counselor has the primary responsibility for maintaining the case record for the individuals being served on their caseload. If at any point during the life of the case it’s determined that information in the case record is incomplete, inaccurate, inappropriate, not pertinent nor relevant, and/or is potentially harmful to the individual a determination will be made if the information should be amended or purged.
Security DBVI regional office staff, VRCBVI staff, medical consultants, and DBVI Headquarters staff shall safeguard all confidential information of individuals being served within the VR program in work areas and outside the office from loss, defacement, unauthorized changes, access by unauthorized persons, or unauthorized access to restricted information (per Government Data Collection and Dissemination Practices Act and § 2.2-3800 of the Code of Virginia). The Regional Manager shall institute office procedures, including storing information out of plain view at the end of the day, and locking the office when it is unattended to safeguard confidential information.
Transporting Case Folders The preferred method of transporting a VR case folder from one regional office to another is by personal carrier. When the case folder is carried from one DBVI regional office to another by a staff member, the carrier is to sign out the case folder from the transferring office and a staff member of the new office is to sign it in upon arrival.
When transporting a case folder by personal carrier is not timely or practical, it is to be sent by certified mail. If a case folder is to be sent by certified mail, the transferring counselor is to photocopy all essential case documents and keep them on file until the certified mail receipt card is returned.
Electronic Signature Policy
VR staff may utilize agency approved electronic signature processes for the purpose of acquiring the individual’s signature on internal documents where VR policy requires a signature from the individual. The use of the electronic signature process is intended to ensure VR services are efficiently implemented and maintained when issues of time, 21 VR Guidance Document 2024 Chapter 3: Informed Choice and Individual Confidentiality travel, geographic location, or other reasons challenge the timely acquisition of a traditional “wet” signature, either in person or through the mail. For all consent to release information forms a “wet” signature is required. Agency approved electronic signature processes may be found in the VR section of the DBVI Document Repository.
Electronic signatures are deemed to be a valid signature when:
- The individual purposely and deliberately signs the document in question. That is, they understand and agree with the information contained in the document as demonstrated by their consent to use their electronic signature as a valid signature.
- The email address that the individual uses for the electronic signature process is their unique to them; that is, the email address is not a shared email address with others and the individual has control over access to the email address via a password, a PIN, or similar controls. The individual is responsible for updating the VR counselor should their email address change.
- The document is retained as a record that is accessible for future access.
DBVI and the individual must both agree to utilize an electronic signature procedure for each and every document requiring the individual’s signature. That is, individuals who consent to use an electronic signature procedure for a document do not waive their right to decline to sign future documents electronically. The individual will have been deemed to have approved the document to be signed and to have provided consent to use the electronic signature process once they have completed the steps outlined in the electronic signature process. The approved date of the signed document is the date the electronic signature process was complete 22 VR Guidance Document 2024
Chapter 4: Eligibility Chapter 4
Eligibility
Eligibility Determination
Once an individual has submitted an application for vocational rehabilitation services, including those whose applications made through common intake procedures in One-Stop centers, an eligibility determination will be made with 60 days unless (per 34 CFR 361.41):
- There are exceptional and unforeseen circumstances beyond the control of DBVI that preclude making an eligibility determination within 60 days and DBVI and the individual agree to a specific extension; or,
- An exploration of the individual’s abilities, capabilities, and capacity to perform in work situation is carried out in accordance with §361.42(e).
In instances where the counselor can make an eligibility determination based upon the existing information provided by the individual and third-party providers, such a decision will be made. If there is a question as to the individual’s eligibility for services, the counselor will discuss the situation with his/her supervisor and if necessary, purchase or otherwise arrange to obtain additional assessments whereby a clear decision can be made related to the eligibility/ineligibility of the individual.
Assessment for determining eligibility and vocational rehabilitation needs
An assessment for determining eligibility and vocational rehabilitation needs means:
- A review of existing data; a. to determine whether an individual is eligible for vocational rehabilitation services; and b. to assign priority for an order of selection; and c. to the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make such determination and assignment;
- To the extent additional data is necessary to make a determination of the employment outcomes, and the nature and scope of vocational rehabilitation services, to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed 23 VR Guidance Document 2024
Chapter 4: Eligibility choice, including the need for supported employment, of the eligible individual, which this comprehensive assessment: a. is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual; b. uses, as a primary source of such information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements; c. existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection for the individual; and d. such information as can be provided by the individual and, where appropriate, by the family of the individual;
- May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs of the individual; and
- May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and
- To the maximum extent possible, relies on information obtained from the experiences in integrated employment settings in the community, and other integrated community settings; a. referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and b. an exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which shall be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training. 24 VR Guidance Document 2024
Chapter 4: Eligibility Use of existing information for Eligibility Determination and for the Development of the Individual Plan for Employment (IPE)
To the maximum extent appropriate, for purposes of determining the eligibility of an individual for vocational rehabilitation services and for developing the individualized plan for employment, the VR counselor will utilize information that is existing and current (as of the date of the determination of eligibility or of the development of the individualized plan for employment. This would include information available from other programs and providers, particularly information used by education officials and the Social Security Administration, information provided by the individual and the family of the individual, and information obtained under the assessment for determining eligibility and vocational rehabilitation needs.
The assessment to determine eligibility includes examinations and evaluations which places primary emphasis upon determining the individual's potential for achieving a vocational goal.
Eligibility Criteria In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services, the VR counselor must conduct an assessment for determining eligibility and priority for services. The assessment must be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice, and based on the following criteria:
- It has been determined the applicant has a medically documented vision impairment,
- It has been determined that the applicant's vision impairment constitutes or results in a substantial impediment to employment,
- It has been determined that the applicant requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment consistent with the individual’s unique strengths, resources, priorities, concerns, interests, abilities, capabilities, and informed choice. For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this part, an individual is presumed to have a goal of an employment outcome.
- Applicants who have a vision impairment constituting or resulting in substantial impediments to employment will be presumed able to benefit from VR services in terms of an employment outcome unless the counselor can demonstrate, based on clear and convincing evidence, that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of their disability. 25 VR Guidance Document 2024
Chapter 4: Eligibility Presumption of eligibility for Social Security recipients and beneficiaries Any individual who is receiving SSI or SSDI benefits and who has a vision impairment will be:
- Presumed to be eligible for vocational rehabilitation services (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual) unless the VR counselor can demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome due to the severity of the individual’s disability (as of the date of the determination).
- Considered an individual with a significant disability. Should the VR counselor have concerns regarding the individual’s ability to benefit due to the severity of the individual’s disability, they must gather clear and convincing evidence through appropriate use of Trial Work Experience prior to a determination of eligibility or ineligibility due to severity of disability. Please refer to the appropriate policy sections regarding Trial Work Experience (Application T).
Services allowed during the eligibility determination process: Assessment, Evaluation, and Diagnostic Services
Assessment, evaluation, and diagnostic services may include those listed below. Other assessment and evaluation services may be provided as necessary for eligibility determination.
- Medical Services: These services include eye examinations by ophthalmologist or optometrist; low vision evaluations; medical and surgical examination; psychiatric evaluations; dental examinations; and specialist examinations, including clinical laboratory tests, diagnostic X-ray procedures, determination of treatability in the case of emotional disturbance, and other medically recognized diagnostic services.
- Psychological Services: These services include psychological tests and measurements of various kinds, such as intelligence tests, work samples, aptitude tests, achievement tests, work evaluations, psychological evaluations, educational progress, and achievement, and other psychologically recognized diagnostic services that will provide information related to diagnoses and/or limitations and barriers to employment .
- Neuropsychological Services: These services generally include a series of testing that identifies how problems in the brain may affect an individual’s ability to reason, concentrate, solve problems, or remember. Tests focus includes but are not limited to attention span and memory, language and speech, reasoning, planning, and organizing. 26 VR Guidance Document 2024
Chapter 4: Eligibility
- Social and Vocational Services (including Vocational Evaluation): These services include evaluation of the individual's employment opportunities and objectives, in light of personality, intelligence level, educational achievement, work experience, vocational aptitudes and interests, strengths, resources, priorities, personal and social adjustment, and other pertinent data. A social history must be obtained on every case. Information may be a summary of the counselor's investigation, obtained through interviews with the individual's family or others. It includes information about the individual's family, relationships within the family, and relationships within the community. A work history will be obtained from individuals when they have previous employment. Some suggested items that may be included are: a. Job title or classification; b. Name and address of employer; c. Length of time employed; d. Promotions or advancements; e. Rate of pay received; f. Reason for termination; and g. Periods of time not accounted for, with reasons given for these periods. 27 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development Chapter 5
Individualized Plan for Employment (IPE) Development
Individualized Plan for Employment (IPE)
Once eligibility is determined, the individual and counselor establish the individual’s vocational goal and plan for the VR services necessary to obtain the goal.
The individual and counselor are actively engaged in vocational counseling and guidance throughout the VR case. During IPE development the individual may participate in vocational exploration, including vocational assessments and evaluations, unpaid work experiences, job shadowing or other opportunities that provide the individual with information or experience that will facilitate solid individual choice in establishing a vocational goal. The individual may participate in medical exams or other necessary evaluations to assess functional abilities when necessary to help determine the vocational goal.
The Workforce Innovation and Opportunity Act (WIOA) incorporated the principle that individuals with disabilities, including those with the most significant disabilities, are capable of achieving high quality competitive integrated employment, when provided the necessary services and support. As such, per CFR 361.46(a)(1), the individualized plan for employment must be consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, career interest, and informed choice consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student or a youth with a disability, the description may be a description of the individual’s projected post-school employment outcome).
The VR counselor and individual being served should include core guidance and counseling services as part of the planned services in the individual’s IPE. The counselor will document core guidance and counseling in the individual’s case file in
AWARE.
Comprehensive Needs Assessment
The individual’s vocational goal and the scope of VR services to be included in the IPE must be determined based on information gathered for determination of eligibility.
The comprehensive assessment includes the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment services, of the eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual. 28 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development The VR counselor will provide assessments, evaluations, or examinations as needed to determine:
- An assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual;
- The individual’s level of personal, vocational, and social adjustment related to blindness or vision impairment (or other disabling conditions), their need for rehabilitation technology services and other pertinent data helpful in determining the nature and scope of services needed.
- May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and
- To the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community and in other integrated community settings;
- Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and
- An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, including experiences in which the individual is provided appropriate supports and training VR Counselor Role in IPE Development Counselor responsibilities during IPE development:
- Reviewing and discussing with the individual all materials accumulated in the assessment to determine eligibility with the individual.
- Providing maximum opportunity for individual/counselor partnership in planning for a program of services.
- Providing core vocational counseling and guidance to the individual maximizing program success. 29 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development
- Working with the individual to identify various community resources (in addition to DBVI) and providing assistance to the individual in accessing those resources.
- Arranging additional assessment services as needed to06) facilitate better understanding of the individual’s existing needs.
- Completing the VR Financial Participation in Cost Services Form. Financial need is not considered for assessment services during the individual’s IPE development but must be considered for certain cost services after the IPE has been implemented.
- Informing the individual of alternative vocational goals in integrated settings based on the individual’s ability and interest so that the individual can choose an appropriate and realistic goal consistent with the general goal of competitive, integrated employment.
- Informing the individual of alternative services, service providers, and methods used to provide or purchase such services.
- Informing the individual and/or representative of all procedures affecting the development and review of the IPE. 10. Informing the individual that if he/she chooses an out-of-state service at a higher cost than an in-state service, if either service would meet the individual's rehabilitation needs, DBVI will cover costs not to exceed the cost of the in-state service. 11. Ensuring that the individual has access to the necessary rehabilitation technology to facilitate the individual’s full participation in the rehabilitation process. (Authority: CFR Sec. 361.5)
Scope of Services for Purposes of IPE Development Assistive Technology or Personal Assistance Services (PAS) that are necessary for the individual to access assessment or evaluation services may be provided. Once the IPE has been developed and agreed to, no planned services from the IPE will be provided until the plan is signed.
No economic needs test is required for assessment, evaluation, and diagnostic services.
- Medical Services: Medical services include eye examinations by ophthalmologist or optometrist; low vision evaluations; medical and surgical examination; psychiatric evaluations; dental examinations; and specialist examinations, including clinical laboratory tests, diagnostic X-ray procedures, determination of treatability in the case of emotional disturbance, and other medically recognized diagnostic services.
- Psychological Services: These services include psychological tests and measurements of various kinds, such as intelligence tests, work samples, aptitude tests, achievement tests, work evaluations, psychological evaluations, 30 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development educational progress, and achievement, and other psychologically recognized diagnostic services that will provide information related to diagnoses and/or limitations and barriers to employment.
- Neuropsychological Services: These services generally include a series of testing that identifies how problems in the brain may affect an individual’s ability to reason, concentrate, solve problems, or remember. Tests focus includes but are not limited to attention span and memory, language and speech, reasoning, planning, and organizing.
- Social and Vocational Services (including Vocational Evaluation): These services include evaluation of the individual's employment opportunities and objectives, in light of personality, intelligence level, educational achievement, work experience, vocational aptitudes and interests, strengths, resources, priorities, personal and social adjustment, and other pertinent data. A social history must be obtained on every case. Information may be a summary of the counselor's investigation, obtained through interviews with the individual's family or others. It includes information about the individual's family, relationships within the family, and relationships within the community. A work history will be obtained from individuals when they have previous employment. Some suggested items that may be included are: a. Job title or classification; b. Name and address of employer; c. Length of time employed; d. Promotions or advancements; e. Rate of pay received; f. Reason for termination; and g. Periods of time not accounted for, with reasons given for these periods.
- Situational Assessment: Situational Assessments are provided by Employment Services Organizations (ESO’s) as a way to gather information regarding an appropriate employment goal, learning styles, support needs, career development or pre-vocational service needs and the like. Situational Assessment, to the maximum extent possible, will be provided within a competitive, integrated setting in the community. While Situational Assessment (SA) is typically provided as a component of Supported Employment or Job Coaching Training Services under an IPE, a community-based assessment can be provided during IPE development in order to assist in the development of the
IPE.
- Rehabilitation Technology: Services including Rehabilitation Engineering, Assistive Technology and Assistive Technology services. Services may be provided in these areas both as required to enable access to other assessment and evaluation services and for the counselor to identify necessary supports and services that may be required under the individual’s IPE. 31 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development
- Educational Services/Academic Record: To the extent that additional educational information is required for IPE development, the VR counselor should obtain this information from interviews with the individual and/or from the schools attended. Some suggested items for inclusion are courses taken, grades obtained, attendance records, test scores, teacher evaluations, programs in which the individual made significant progress, and other information helpful in planning services with the individual. If there is potential for the individual’s IPE goal to require post-secondary school or training and there is concern on the part of the counselor that the individual may not have academic aptitude to be successful in a post-secondary environment, then a trial semester of one or two courses (with appropriate technology and supports) is appropriate as part of the IPE development process.
Timeframe for Completing the Individualized Plan for Employment (IPE)
The counselor must ensure that the IPE, based on the individual’s unique strengths, resources, priorities, concerns, abilities, and capabilities, is finalized and signed within 90 days of the date of the individual’s certification of eligibility for VR services. The individual may choose a vocational goal that represents career advancement or upward mobility.
If the individual and counselor require additional time to develop the IPE, the counselor must document that the individual agrees to an extension beyond the 90-day requirement, establish a date for developing the IPE, and receive approval from the regional manager (Plan Development Extention; Eligible-E). Additional time extensions are allowable if discussed and agreed to by the individual and approved by the Regional Manager.
Note: For individuals who were placed into Delayed Status (waiting list) due to Order of Selection, the 90-day IPE requirement is initiated as of the date the individual is removed from the waiting list and is open for VR services.
The counselor must document the reasons for extension in the individual case file. Per 34 CFR 361.45(e), the VR counselor ensures that the extension is warranted based on the particular circumstances and needs of the individual and that the extensions are not so long as to cause unnecessary delays in providing services. Should the situation arise where the VR counselor determines that the plan does not contain sufficient information on which to base the provision of services and the individual disagrees with the request to extend the development of the plan beyond 90 days after further vocational guidance and counseling, the counselor must refer the individual to the Client Assistance Program (CAP - disAbility Law Center of Virginia) for help in resolving the disagreement, and must provide the individual with their appeal rights.
Despite the 90-day time frame, the Individualized Plan for Employment (Per 34 CFR 361.46(a)(1)), will be consistent with the individual’s unique strengths, resources, 32 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development priorities, concerns, abilities, capabilities, career interest, and informed choice consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student or a youth with a disability, the description may be a description of the individual’s projected post-school employment outcome).
Mandatory components of an individualized plan for employment
- A description of the specific employment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student’s projected post-school employment outcome);
- A description of the specific vocational rehabilitation services that are, needed to achieve the employment outcome, including, as appropriate: a. the provision of assistive technology devices and assistive technology services; and b. personal assistance services (including training in the management of such services);
- In the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student’s employment outcome or projected post school employment outcome; and
- For students with disabilities who are under an Individualized Education Program (IEP) the VR counselor should review the individual’s IEP to ensure IEP transition goals and services related to school to post-secondary goals are contained within the IPE. Both DBVI planned services as well as school provided services that are necessary to achieve the vocational goal will be included on the IPE; and
- Provided in the most integrated setting that is appropriate for the service involved and is consistent with the informed choice of the eligible individual; and
- Timelines for the achievement of the employment outcome and for the initiation of the services;
- A description of the entity chosen by the eligible individual or, as appropriate, the individual's representative, that will provide the vocational rehabilitation services, and the methods used to procure such services;
- A description of criteria to evaluate progress toward achievement of the employment outcome; 33 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development
- The terms and conditions of the individualized plan for employment, including, as appropriate, information describing; a. the responsibilities of the VR counselor and other DBVI staff; b. the responsibilities of the individual within the plan, including; i. the responsibilities the individual will assume in relation to the employment outcome of the individual; ii. if applicable, the participation of the individual in paying for the costs of the plan; and iii. the responsibility of the individual with regard to applying for and securing any necessary comparable benefits; and iv. the responsibilities of other entities as the result of arrangements made regarding comparable services or other benefits; 10. For an individual with the most significant disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying; a. The extended services needed by the individual; and b. The source of extended services (the provider) or, if that source cannot be identified at the time of the development of the IPE, documentation that there is a reasonable expectation that a source will become available;
11. As determined to be necessary, a statement of projected need for post-employment services.; and 12. For an individual who also is receiving assistance from an employment network under the Ticket to Work program, a description of how responsibility for service delivery will be divided between the employment network and DBVI (e.g., for an individual working with an ESO who an Employment Network is also receiving supported employment services).
Development of Vocational Goal (Employment Outcome)
The individual’s vocational goal must be a description of the specific employment outcome that is chosen by the individual, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
The chosen vocational goal on the IPE must be consistent the goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student’s projected post-school employment outcome) per 34 CFR 361.46(a).
The IPE must identify the specific providers who have been identified, through informed choice, to provide the planned services. 34 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development Progress measures included in the IPE are specific and measurable criteria that would be used to assess the individual’s progress towards achieving their vocational goal. Progress measures should be written to address the barriers associated with the functional limitations identified through the eligibility determination process. The measures should be written in language that is understandable to the individual.
The IPE should include information regarding the individual’s participation in the cost of services.
For individuals with the most significant disabilities (MSD) for whom supported employment is an identified planned service under the IPE, the plan must include:
- The extended services needed by the individual; and
- The source of extended services (the provider) or, if that source cannot be identified at the time of the development of the IPE, documentation that there is a reasonable expectation that a source will become available
The IPE must include any projected needs for post-employment services
Ticket to Work
For an individual who also is receiving assistance from an employment network under the Ticket to Work program, a description of how responsibility for service delivery will be divided between the employment network and DBVI.
IPE Development and Signature Requirements The individual’s IPE must be signed by the individual and the VR counselor to indicate agreement. Additionally, any substantial amendments must include signatures from the individual and the VR counselor. The IPE must be reviewed at least annually with the individual but more often as needed. Changes to the IPE are done through amendments to the IPE. IPEs with non-substantial amendments do not have to be signed by the counselor or individual nor do they have to be reviewed. Substantial amendments to the individual’s IPE require new progress measures and a review of those measures. Substantial amendments must be signed by the counselor and individual.
A copy of the individualized plan for employment for an eligible individual shall be provided to the individual or, as appropriate, to the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, of the individual's representative.
By signing the IPE, the individual and DBVI agree to abide by the contents of the plan. DBVI maintains final approval of the IPE. While the IPE is a written, signed agreement, it’s not a legal contract. DBVI agrees per the IPE to pay for services as long 35 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development as there are sufficient funds to do so, and the individual is making satisfactory progress toward reaching the employment goal on the IPE.
Further requirements:
- The VR counselor is prohibited from signing the IPE and/or substantial amendments on behalf of the individual being served.
- For individuals with a Social Security Administration (SSA) Ticket to Work, the individual’s name and signature on the IPE must exactly match the name as it appears on the documentation of Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) Disabled Worker benefits (SSA-1099, Award Letter, etc.).
- An individual who cannot manually affix the legal signature or mark, must designate someone (other than the VR counselor) legally competent and age 18 or older to sign their legal name followed with "by" and the designee printed legal name and signature, or they may use an agency approved electronic signature process.
- IPE signatures must be in writing (i.e., wet signature), or must have been signed through the agency approved electronic signature procedure.
- The IPE signed by the individual does not have to be signed in the presence of the VR counselor or any other DBVI staff person.
- It is acceptable for the parties to sign a mutually agreed-upon draft IPE or amendment when there are no changes between the draft and final document; the counselor shall keep the signed draft and shall provide the signatories a copy of the signed draft and final document.
- The counselor shall insure, using an appropriate mode of communication (per 34 CFR § 361.50), if the individual has read the IPE and understands it.
- For individuals who are at least age 18 and not declared legally incompetent, informed written consent/release is required for others (parent, spouse, etc.) to participate with them and sign the IPE. The VR counselor will inform the individual, as part of informed choice, of any necessary support services available to them throughout the IPE development process, including the right to include legally competent adults (not the counselor) to participate and sign the IPE along with the individual.
- Individuals under 18 years old (unless legally emancipated) require a custodial parent or court-appointed legal guardian participation and signature on the IPE. 10. Individuals declared legally incompetent require a court-appointed legal guardian participation and signature on the IPE. 36 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development IPE Review and Amendments
IPE Review
The individualized plan for employment (IPE) must be reviewed at least annually by the VR counselor and the individual, or, as appropriate, the individual's representative. The IPE must be amended, as necessary, by the individual or, as appropriate, the individual’s representative, in collaboration with the VR counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the vocational goal, the VR services to be provided, or the service providers of the services.
Any amendments shall not take effect until agreed to and signed by the individual or, as appropriate, the individual's representative, and by the VR counselor). IPE amendments may include the post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Amendments Services may be added, modified, or deleted from the IPE through substantial amendments which make major changes to an IPE for regular services and non-substantial amendments which make minor changes to the IPE. Substantial amendments require a signature from the individual, or their representative as appropriate. Non-substantial amendments do not require a signature.
Individual’s participation in the cost of services
DBVI has established an Economic Needs Test in order to ensure funding of services for individuals with the most severe economic need. The Economic Needs Test considers the financial resources of the individuals, spouse and/or other family members with whom the individual resides, and all comparable services and benefits for which the individual may be entitled or eligible. The counselor is required to apply the Economic Needs Test for selected services based on need with DBVI sponsoring the cost of services after subtracting the amount available from comparable services and benefits and individual/family participation. DBVI will seek financial sponsorship for cost services first through comparable services and benefits and individual/family contributions before paying for services with agency funds.
DBVI does not consider financial need for assessments in which the individual participates during IPE development. However, the counselor will complete the VR Financial Participation in Cost Services form prior to implementation of the individual’s IPE if non-exempt cost services are planned or if the IPE is amended to include non-exempt cost services. 37 VR Guidance Document 2024 Chapter 5: Individualized Plan for Employment (IPE) Development Comparable Services and Benefits
Comparable services and benefits are services or financial assistance benefits available to an individual with a disability from a program other than vocational rehabilitation to meet, in whole or in part, the cost of services to be provided in the IPE. Examples might include grants, insurance carriers, Medicaid or Medicare covered expenses
The following vocational rehabilitation services are exempt from a comparable services and benefits search:
- 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 (as provided by DBVI staff directly).
- Rehabilitation technology, including telecommunications, sensory, and other technological aids, and devices.
Comparable Benefits and Provision of services
- If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment, the VR counselor must use those comparable services or benefits to meet, in whole or part, the costs of the vocational rehabilitation services.
- If comparable services or benefits exist under any other program but are not available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome specified in the individualized plan for employment, the VR agency must provide vocational rehabilitation services until those comparable services and benefits become available. 38 VR Guidance Document 2024 Chapter 7: Agency Programs and Services Chapter 6
Individualized Plan For Employment (IPE) Services and Implementation
Program Planning
Planning is an on-going process in VR and involves a partnership between the counselor and individual applying for or receiving services. It can occur at any time from applicant status right through the provision of post-employment services.
Counseling and Guidance IPE (C & G):
Where the primary service on the IPE is C & G, the VR counselor will provide counseling and guidance services directed at the achievement of identified goals consistent with the IPE as well as directed to the solution of emerging critical needs in the life of the individual that may jeopardize job success. The counseling should be focused on addressing those barriers or impediments to employment. Counseling techniques will vary according to the training of the counselor and disability of the individual.
IPE Documentation
Documentation must include guidance and counseling, services documentation, case coordination, case management and vocational planning activities, as well as ongoing communication with the individual, DBVI staff, family, and other relevant community service providers.
IPE Documentation in Actual Services
IPE services are to be planned for a period of no more than a year, with each service on the IPE having a realistic estimated start date within that year.
Guidance and counseling must be provided on a continuous basis, so this service must be documented every quarter
Measurable Skill Gains
Measurable Skill Gains must be reported for individuals who are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving documented academic, technical, occupational, or other forms of progress, towards such a credential or employment. The VR counselor must include 39 VR Guidance Document 2024 Chapter 7: Agency Programs and Services any education and/or training programs that lead to a recognized secondary or post-secondary credential or employment on the individual’s IPE.
Credential Attainment
Credential Attainment must be reported for those individuals who are enrolled in an education or training program (excluding those in OJT and customized training) who attained a recognized postsecondary credential or a secondary school diploma, or its recognized equivalent, during participation in or within one year after exit from the VR program. 40 VR Guidance Document 2024 Chapter 7: Agency Programs and Services Chapter 7
Agency Programs and Services
The Department for the Blind and Vision Impaired (DBVI) provides an array of agency directed services for individuals who are blind, deaf-blind or vision impaired. These services are provided both to individuals receiving vocational rehabilitation services (VR) and individuals who are not. All of the services listed within this chapter are available to individuals being served in the VR program.
Information for each program includes basic program and service information, referral and application processes, eligibility for services as well as other information that may be useful for the VR counselor. Please contact the appropriate DBVI program staff member for more specific information regarding any of these programs listed. 41 VR Guidance Document 2024 ` Chapter 7.1: Virginia Enterprise for the Blind Program (VEB) Chapter 7.1
Virginia Enterprise for the Blind (VEB)
The Randolph-Sheppard Act provides opportunities for self-employment and entrepreneurship in the community to individuals who are blind. As a form of self-employment and business ownership, the outcomes of individuals in the vending facilities established under the Randolph-Sheppard Act are deemed to be in integrated settings and specifically within the definition of “employment outcome” in final 34 §361.5(c)(15).
Introduction and Overview The vending facility manager’s program for the blind was established by an Act of Congress in 1936. This legislation, known as the Randolph-Sheppard Act, provides qualified blind persons the opportunity to operate businesses on federal, state, and other property by granting a priority on such property.
Persons who are legally blind are established in businesses of various kinds, including cafeterias, snack bars, and other vending facilities in public and private buildings. The Virginia Department for the Blind and Vision Impaired (DBVI) secures the location, furnishes equipment, initial stock, and operating capital. DBVI also provides the training necessary to be licensed in this program through vocational rehabilitation services. Business Opportunities for the Blind, Inc., a non-profit corporation under contract with DBVI, provides assistance in the daily management of the businesses in this enterprise.
Based on the Randolph-Sheppard Act (20 USC 107 et seq.) and with the assistance of Business Opportunities for the Blind, Inc. (BOB) the Virginia Department for the Blind and Vision Impaired (DBVI) operates a successful Virginia Enterprise for the Blind program (VEB) serving blind and vision impaired individuals and the community.
Providing an excellent vocational option for eligible individuals interested in learning the necessary skills to operate a business, DBVI and BOB work collaboratively; DBVI serving as the state-licensing agency (SLA) and BOB, called the contracted nominee, as the non-profit corporation providing management services to licensed blind vendors and DBVI.
Individuals interested in participating in the Virginia Enterprise for the Blind Program must:
- Be receiving vocational rehabilitation services through DBVI or have a current evaluation available.
- Referred by their vocational rehabilitation counselor.
- Be a blind person as defined by federal regulations pertaining to the Vending Facility Manager’s Program for the Blind on Federal and Other 42 VR Guidance Document 2024 ` Chapter 7.1: Virginia Enterprise for the Blind Program (VEB) Property (34 CFR 395.1 (c). This definition includes a person who has been determined by a physician skilled in diseases of the eye, or by an optometrist, whichever a person shall select, determined to have: ▪ Not more than 20/200 central visual acuity in the better eye with correcting lenses, or ▪ An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20°
- Be a resident of the United States living in Virginia.
- Be 18 years of age or older.
- Have the ability to manage the tasks associated with the Vending Manager’s role, which may involve activities such as lifting and bending.
- Be willing to complete the Business Opportunities for the Blind Vending Manager’s Training program.
- Be willing to consider relocation to any area of the Commonwealth where a facility might become available.
- Be Proficient in Excel, Microsoft Word, and Outlook. 43 VR Guidance Document 2024
Chapter 7.2: Deafblind Services Chapter 7.2
Deafblind Services DeafBlind Services is an ancillary service of the agency. No funds are available from this program to purchase services for vocational rehabilitation (VR), Education Services (ES) or rehabilitation teaching/independent living (RT/IL) individuals. The vocational rehabilitation counselor, rehabilitation teacher or education services coordinator is the case manager and the individual who is deafblind must meet eligibility criteria for Vocational Rehabilitation, RT/IL/Older Blind Grant programs or Education Services programs.
Eligibility DBVI individuals with combined loss of vision and hearing are eligible for DeafBlind Services regardless of age. DBVI Education Services provide services to deafblind children aged 14 and under. Most children aged 14 and under are primarily served by the Virginia Deaf-Blind Project for Children and Youth with Deaf-Blindness (the Virginia Deaf-Blind Project).
Using the following definitions, the DeafBlind Services program tracks individuals identified in the following categories: DeafBlind
- Any individual who has a central acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both of these conditions,
- Who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and
- For whom the combination of impairments causes extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining a vocation;
- Who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives. 44 VR Guidance Document 2024
Chapter 7.2: Deafblind Services Blind-Hard of Hearing:
- Visual acuity not better than 20/200 central visual acuity in the better eye measured at 20 feet with correcting lenses (legally blind).
- Visual acuity greater than 20/200 but with the widest diameter of the visual field in the better eye subtending an angle of no greater than 20 degrees, or a rapidly progressive eye condition which in the opinion of a qualified ophthalmologist will reduce distance vision to 20/200 or less or 20 degrees field of vision.
- Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or
- Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation.
- A 30-db. loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability. Individuals who have a 30-db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Impaired Vision/Hard of Hearing:
- Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70-degree horizontal field.
- Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI.
- Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or
- Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation. May use sign language for communication.
- A 30-db. loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability. Individuals who have a 30-db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, 45 VR Guidance Document 2024
Chapter 7.2: Deafblind Services Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Impaired Vision/Deaf
- Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70-degree horizontal field.
- Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI.
- Is unable to hear or understand speech, is unable to follow conversations unless facing speaker, due to the vision loss is unable to lip read conversation even when facing the speaker, may rely on sign language, sign language interpreters as their first choice for communication access with hearing people, have been identified in the past as being oral deaf or late deafened adults and now would also include many deaf individuals who use cochlear implants and/or English based sign language.
Interpreters and CART Services DBVI staff can request interpreters or computer assisted real time captioning (CART) services from the Virginia Department for the Deaf and Hard of Hearing (VDDHH). 46 VR Guidance Document 2024 Chapter 7.3: Low Vision Services Chapter 7.3
Low Vision Services Low Vision Services provides an opportunity for individuals who have impaired vision to maximize their visual abilities through a community based full-service vision rehabilitation process.
Low vision aids are special optical aids that are not available in a regular office setting.
They can be handheld, illuminated, or non-illuminated, worn as glasses, and come in a variety of shapes, sizes and powers. They are prescriptive items and are not available without an exam.
Eligibility for Low Vision Services
All individuals being served by vocational rehabilitation are eligible for referral for low vision services 47 VR Guidance Document 2024 Chapter 7.5: Rehabilitation Technology Services Chapter 7.4
Orientation and Mobility Services
Orientation and Mobility (O&M) training helps people who are blind or who have impaired vision to know where they are, where they want to go (orientation) and how to get there safely and independently by walking or using transportation (mobility).
Specifically, DBVI O&M specialists teach adults who are blind or who have impaired vision the skills and concepts they need in order to travel independently and safely in the home, college, community, and city.
Priority for Services
Individuals who need O&M service are prioritized as follows:
- Individuals who are receiving vocational rehabilitation (VR) services including transition aged students.
- Non-vocational - Individuals who are in Service status on a Rehabilitation Teaching /Independent Living (RT/IL) caseload
Eligibility for Orientation and Mobility Services.
Eligibility for an individual who applies for or is receiving VR services including Orientation and Mobility is determined by the VR Counselor. 48 VR Guidance Document 2024 Chapter 7.5: Rehabilitation Technology Services Chapter 7.5
Rehabilitation Technology Services
Rehabilitation Technology Services comprise the following areas of responsibility: Technical Support, Consultation, Coordination of Services and Technology, and Technology Liaison. Technical support is provided to those individuals being served, DBVI field staff, VRCBVI staff, college and university professionals, and current and prospective employers of individuals with vision impairments, who are blind or deaf blind and may have multiple disabilities. The rehabilitation technology specialists are available for on-site consultation with current and prospective employers of individuals with vision impairments, who are blind or deafblind and who may have multiple disabilities as a technical resource where questions exist with regard to the modification of equipment on the work site. See the Rehabilitation Technology Services Manual for more specific information regarding services.
Prioritization of Referrals for Rehabilitation Technology Services.
Individuals who are open for VR services will be given priority for Rehabilitation Technology Services. See the Rehabilitation Technology Services Manual for more information. 49 Policy Issued May 27, 2022 Chapter 7.6: Self-Employment Enterprise (SEE) Chapter 7.6
Self-Employment Enterprise (SEE)
Self-employment is a situation in which an individual works for himself instead of working for an employer that pays a salary or a wage. A self-employed individual earns his income through conducting profitable operations from a trade or business that he operates directly.
Self-employment is recognized as an "employment outcome" through the Workforce Investment and Opportunity Act (WIOA) and an individual who is engaged in self-employment can be considered to be employed in a competitive, integrated setting.
Self-employment is also specified as a service that can be provided within the vocational rehabilitation program.
The cornerstone to the successful self-employment endeavor is an effectively developed business plan. The business plan is the responsibility of the individual in consultation with the counselor and other individuals, when appropriate or necessary.
Self-employment enterprises that involve illegal activities will not be funded. The proposed business must comply with all relevant local, state, and federal laws and regulations. The business must be a for-profit business.
SEE Business Plan
The formal business plan is the process of gathering, compiling, and analyzing information and helps the individual accomplish the following:
- The determination for the feasibility of a particular business endeavor.
- Discussion of start up with capital.
- Development of a "blueprint" for the operation of the entire business.
- The creation of a budget, time frame, and strategic direction against which to measure the progress of the business.
- The discussion of potential problems and high-risk areas for the purpose of developing solutions and contingency plans.
- Discussion of the market opportunities.
- Discussion to persuade prospective individuals who will assist in this business endeavor (such as the VR program, individuals and/or suppliers of the business) that the proposed business endeavor has a promising future.
Financial Participation (DBVI case only)
Funding for a self-employment enterprise proposed by an individual in the required business plan will come from one or more resources - financial investment in the business by the individual, VR funds, small business administration loans, bank loans, 50 Policy Issued May 27, 2022 Chapter 7.6: Self-Employment Enterprise (SEE) etc. The business plan must identify the individual's financial contribution to the enterprise thus permitting the individual to share in the risk of going into business. The Self-employment Screening Committee will also require evidence that the individual has been allowed or denied funding from other sources. The type of business enterprise, along with the justification outlined in the business plan, will determine if VR funds are available for the business enterprise.
The individual seeking funding is required to provide necessary resources (including in-kind resources) such that they, along with other resources they may have (e.g., a small business loan), are the majority funder of the business proposal unless the individual is receiving SSI/SSDI (see Chapter 17.3: Financial Determination Guidelines). The SEE Screening Committee will recommend what additional funds, if any, will be approved by DBVI to support the business. The Deputy Commissioner for Services will review the recommended funding for approval. Depending on the amount of funds requested, approval from the DBVI Commissioner may be required.
Financial Participation (DBVI/DARS Jointly Served)
In the circumstance where the individual who is seeking support for a self-employment enterprise is jointly served by both DARS and DBVI, appropriate screening committee members from both agencies will participate. Each agency must make their own determination as to whether or not to fund the SEE business plan and to what extent. In this case there is not a requirement that the individual be the majority funder of the proposal; i.e., DBVI/DARS combined funding could constitute more than 50% of the required funds. However, the individual must still assume some shared risk in the proposal, with the goal that the individual’s financial participation be as close to 50% as feasible. 51 VR Guidance Document 2024
Chapter 7.7: Transition Services Chapter 7.7
Transition Services
The Workforce Innovation and Opportunity Act (WIOA) expanded both the population of students with disabilities who may receive services but also the kinds of services that the VR agency may provide to youth and students with disabilities who are transitioning from school to postsecondary education and employment. This expansion of services allows for the provision of “pre-employment transition services” for both eligible and potentially eligible students with disabilities. For more detailed information regarding pre-employment transition services, see Chapter 12, Transition.
Transition services may be provided to groups of youth and students with disabilities, regardless of whether they have applied for or been determined eligible for services. If either a student or youth with a disability requires more intensive services, he or she would apply for VR services. Once determined eligible, an individualized plan for employment would be developed, which would outline the specific services that he or she may need in order to achieve an employment outcome. In sum, the VR program provides a range of services, from most basic to the most individualized and intensive service, thereby meeting the evolving needs of a student or a youth with a disability who is transitioning from school to post-school life.
Transition services means a coordinated set of activities for students designed within an outcome-oriented process promoting movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student’s needs, considering the student’s preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student’s Individualized Plan for Employment (IPE); that includes outreach to and engagement of parents or, as appropriate, the representatives of students or youth with disabilities. (34 CFR 361.5 (a)(55))
Referrals for Students and Youth with Disabilities Referrals for students aged 14 and older may come from any source including but not limited to parents, students, local education authorities (LEA), community services boards (CSB), state agencies, and other community entities. A referral process for transitioning students with disabilities involves the Education Coordinator as the primary point of contact for students, families and, as appropriate, the student’s representative.
For more information regarding the referral process for transitioning students with 52 VR Guidance Document 2024
Chapter 7.7: Transition Services disabilities, see Chapter 1, Referral and Application of the VR Policy and Procedure Manual.
Outreach to students with disabilities should occur as early as possible during the transition planning process and must include, at a minimum, a description of the purpose of the vocational rehabilitation program eligibility requirements, application procedures, and scope of services that may be provided to eligible individuals. (34 CFR 361.22 (2)(b)(4))
IPE Development and Service Provision
Federal regulations (34 CFR 361.22) coordination with education officials) require that development and approval of an IPE must be completed as early as possible during the transition process (within 90 days from eligibility determination), but, at the latest, by the time each student determined to be eligible for vocational rehabilitation services leaves the school setting (if less than 90 days) or, if DBVI is operating under an order of selection, before each eligible student able to be served under the order leaves the school setting.
For more information regarding the development of the IPE, see the VR Policy and Procedure Manual Chapter on Transition and Pre-Employment Transition Services. 53 VR Guidance Document 2024 Chapter 7.8: Virginia Industries for the Blind (VIB) Chapter 7.8
Virginia Industries for the Blind (VIB)
This chapter is currently in development. Please contact the Director of Vocational Rehabilitation and Workforce Services or the Deputy Commissioner for Services with any questions. 54 VR Guidance Document 2024 Chapter 7.9: VA Center for the Blind and Vision Impaired Chapter 7.9
Virginia Rehabilitation Center for the Blind and Vision Impaired (VRCBVI)
For more specific information regarding VRCBVI and their services, see the Virginia Rehabilitation Center for the Blind and Vision Impaired Policy and Procedure Manual The Virginia Rehabilitation Center for the Blind and Vision Impaired (VRCBVI) provides training in the skills of blindness, including using braille and specialized computer software, orientation and mobility, and personal and home management. Adaptive skills enable individuals with vision loss to be independent and successful in the home, in school, on the job, and in their communities.
VRCBVI’s primary referral source is DBVI’s Vocational Rehabilitation (VR) program, the mission of which is to provide employment services leading to competitive integrated employment. In order for VRCBVI to develop and maintain optimum utilization of its services, VRCBVI must effectively correlate their services with VR’s mission. VRCBVI integrates workplace readiness skills into all of its training programs. An additional key component is the development and maintenance of strong partnerships with the DBVI regional offices.
VRCBVI Admission Criteria Individuals seeking admission to VRCBVI must meet the following criteria:
- Be 18 years of age or older. (See “Chapter 8 of the VRCBVI manual: VRCBVI Programs and Services” for admission criteria for VRCBVI’s “Youth and Special Programming” services);
- Be blind, vision impaired, or DeafBlind;
- Have a residence to return to if it becomes necessary to leave VRCBVI immediately;
- Have the ability to participate in, and benefit from, group instruction (i.e., does not require staff intensive instructional support, such as 1:1);
- Have been determined eligible to receive Vocational Rehabilitation services to seek, gain, or retain competitive integrated employment, or are seeking improved independence skills as part of the Rehabilitation Teaching/Independent Living program. 55 VR Guidance Document 2024 Chapter 7.10: VR and Rehabilitation Teaching Coordinated Programs Chapter 7.10
Vocational Rehabilitation and Rehabilitation Teaching Coordinated Programs
DBVI ensures the coordination of services between the Vocational Rehabilitation program (VR) and the Rehabilitation Teaching program (RT) for the purpose of providing a continuum of services to eligible individuals receiving services from DBVI.
Rehabilitation teachers serve individuals receiving VR services by providing services and training in the areas of evaluation, adjustment counseling, home management, and basic skills training when those services are required in order to facilitate the individual in obtaining, regaining, or maintaining an employment outcome. The VR Counselor coordinates VR services, including RT services, when those services are necessary to help the individual accomplish the vocational goal identified on their Individualized Plan for Employment (IPE). RT services will be included on the individual’s IPE which is developed and maintained by the VR Counselor in partnership with the individual receiving services. 56 VR Guidance Document 2024 Chapter 7.11: VR Relationship with Residential Schools Chapter 7.11
Vocational Rehabilitation Relationship with Residential Schools
Vocational rehabilitation (VR) counselors serve students at the Commonwealth's residential schools in Staunton, Virginia (The Virginia School for the Deaf and Blind
(VSDB)).
Eligibility
Eligibility for residential students is the same as for any other individual in VR training.
Students must be 14 years of age to be eligible for VR services. 57 VR Guidance Document 2024 Chapter 7.12: Business Relations Services Chapter 7.12
Business Relations Services Business Relations The Business Relations Unit works with employers to identify human resource needs in order to facilitate competitive integrated employment opportunities and career exploration opportunities for individuals, including students and youth, who are eligible to receive VR services. Additionally, the Business Relations Unit will ensure that eligible individuals will receive a range of VR employment services that are specific to the individual’s needs related to achieving his or her competitive integrated employment outcome.
Business Relations Specialists collaborate with employers and federal contractors, attend the Society of Human Resource Management and Economic Development meetings, Chamber of Commerce meetings, Industrial Round Tables. They also network with the Virginia Employment Commission, through review of Virginia Jobs Investment programs, and by establishing relationships with various Veterans Representatives, Workforce Development Boards, and the Office of Federal Contractor Compliance (OFCCP).
Schedule A/Federal Hiring Authority Within the Federal Government, there are two types of hiring processes. In the non-competitive hiring process, agencies use a special authority (Schedule A) to hire persons with disabilities without requiring them to compete for the job. In the competitive process, applicants compete with each other through a structured process.
Criteria to be eligible for consideration under the Schedule A Hiring Authority
- Schedule A, 5 CFR 213.3102(u), for hiring people with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. This excepted authority is used to appoint persons with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. Such individuals may qualify for conversion to permanent status after two years of satisfactory service.
Severe physical disabilities include but are not limited to blindness, deafness, paralysis, missing limbs, epilepsy, dwarfism, and more.
- Schedule A, 5 CFR 213.3102(11) for hiring readers, interpreters, and personal assistants. This excepted authority is used to appoint readers, interpreters, and personal assistants for employees with severe disabilities as reasonable accommodations. 58 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training Chapter 8
College Training and Other Post-Secondary Training
The Workforce Innovation and Opportunity Act (WIOA) incorporated the principle that individuals with disabilities, including those with the most significant disabilities, are capable of achieving high quality competitive integrated employment when provided the necessary services and support.
Factors to consider prior to sponsoring post-secondary education or training
- Necessary to Achieve the Vocational Goal
- Aptitude and Ability to be successful in Post-Secondary Training or Education
- Trial Semester or Course
- Gap Year
Pre-employment transition services may be provided to students in college if they meet the definition of a student with a disability. For more information regarding these services, see the Pre-Employment Transition Services section of Chapter 12, Transition Services and Pre-Employment Transition Services.
College and University Training DBVI will sponsor college/university academic training when college training is necessary to support the individual’s vocational goal.
- Virginia colleges and universities: DBVI will only sponsor students who attend accredited colleges or universities on the approved college list located in the DARS Training and Facilities Manual, Volume III. When a college or university is not on the approved list, VR counselors will contact the Director of Vocational Rehabilitation and Workforce Services to seek assistance in determining whether the school is accredited and whether the school can be added to the approved college list.
- Private and out-of-state colleges and universities: Students may choose to attend private and out-of-state colleges and universities. However, DBVI will only sponsor students who attend accredited colleges or universities on the approved college list located in the DARS Training and Facilities Manual, Volume III.
When a student makes the informed choice to attend an out-of-state college or university, VR Counselor must provide written documentation in the student’s case file that guidance and counseling has been provided to ensure the student 59 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training fully understands any participation in cost of services and whether DBVI will provide sponsorship of tuition and other services for the out-of-state choice.
- Community of Residence: Students may choose to attend a school outside of their community of residence. However, unless justified and approved by the VR counselor, a student who is attending a school within their community of residence will not receive DBVI sponsorship for room and/or board. A school is defined to be within the student’s community of residence if it is located within 40 miles of the student’s residence or a commute to the school requires no more than one (1) hour. Justification to sponsor room and/or board for a student attending a school within their community of residence could include, but is not limited to:
a. Disability specific reasons (e.g., specialized transportation needs, orientation and mobility concerns, need for on-campus disability supports, etc.); b. Transportation very limited or unreliable and/or transportation costs are very expensive and thus not cost effective. c. Other reasons as justified by the VR counselor.
- International schools and semesters abroad: Approval from the Director of Vocational Rehabilitation and Workforce Services is required prior to sponsoring a student in an international school or for a semester(s) outside of the United States (study abroad).
- Summer School: Regional Manager approval is required for DBVI sponsorship of summer sessions (see C. Academic Requirements in this chapter).
- Post–Graduate School/Additional Degree or Certificate: DBVI will sponsor post-secondary education and training in order to prepare an individual with the skills and abilities necessary to be a competitive candidate for suitable employment where the specific degree is the commonly recognized standard for entry into that field.
- Advancement in Employment: The VR counselor must determine whether the individual’s current employment is consistent with their unique strengths, resources, priorities, concerns, abilities, and capabilities before consideration of a vocational goal that would be advancement in employment requiring additional post-secondary education or training, including post-graduate school. The VR counselor may sponsor post-secondary education or training, including post-graduate education, when additional education or training is necessary for the individual to advance in employment.
- Sectarian colleges and universities: Sectarian means existing primarily for the purposes of providing religious training or theological education, rather than collegiate or graduate education (per Phan v. Virginia 806 F.2d 516 4th Circuit, 1986). A church-affiliated school is not necessarily a sectarian school. DBVI shall 60 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training not authorize or approve any payments or reimburse the student for religious training or theological education at a seminary or sectarian school for students having an established vocational goal related to a religious vocation (Virginia Constitution Article VIII, Section 11.) If a student elects to attend a sectarian college or university, DBVI will only sponsor equipment, reader services, or other services that do not result in direct payment to the sectarian college or university by the agency. Sectarian colleges or universities will not appear on the "approved college list" located in the DARS Training and Facilities Manual, Vol.
III. VR counselors must review the approved list when considering colleges or universities that are affiliated with religious denominations. DBVI may sponsor a student seeking a degree which is religious in nature as long as the student does not attend a sectarian college or university.
- Graduate degree programs a. Nine credit hours per semester are considered full time for graduate study. b. Full-time students may receive sponsorship of tuition, books, fees, housing, maintenance, transportation, personal incidentals, and other approved costs commensurate with their participation in cost of services based on financial need. c. Part-time students may receive sponsorship of tuition, books, fees, transportation and other approved costs commensurate with their participation in cost of services based on financial need. Costs associated with housing, personal incidentals and maintenance (including room or board costs) will not be sponsored for part-time students).
d. DBVI requires graduate students to complete their required coursework within a specific time frame based on the credit hours required by the master’s program. Master’s programs typically required 36 to 54 credit hours, but depending on the program, the coursework requirement could be as low as 30 credit hours or as high as 60 credit hours (e.g., MBA).
For part-time students, programs requiring 30-36 credit hours should be completed within 7 semesters; programs requiring 54-60 credit hours should be completed within 10 semesters. For full-time graduate students, programs requiring 30-36 credit hours should be completed within five semesters; programs requiring 54-60 credit hours should be completed within seven semesters. Programs requiring hours between 36 and 54 should be determined on a case-by-case basis for part-time and full-time graduate students per the respective guidelines above.
Additional time for completion of master’s thesis, projects, etc. as a requirement for completion of the master’s program should be addressed on a case-by-case basis. 61 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training Family Assistance
Single students who have been residing within their parent’s home are considered part of the family unit (considered for FAFSA purposes “dependent”) unless the following conditions are met:
- The student is at least age 24 or has completed an undergraduate degree and is less than 24;
- The student is less than age 24 but is married or have been maintaining their own household independent of their family;
- Students who are occupying an apartment or dorm room in order to attend college are considered part of the family unit if they have been residing in their parent’s home when not attending school.
Student Participation in Cost of Services For educational expenses only (as defined below), the individual’s participation in the cost of service shall be determined by the Expected Family Contribution (EFC) as calculated through the FAFSA (Free Application for Federal Student Aid) process and found in the Student Aid Report (SAR). The VR Counselor will apply participation in cost-of-service policy for all other education related services (non-educational expenses) such as tutoring, reader services, assistive technology, low vision aids, etc.
- Individuals who receive SSI and/or SSDI are exempt from participating in the cost of services, including an exemption from consideration of the EFC.
However, they are not exempt from the requirement to utilize their SSA monthly benefit as an expected contribution towards any DBVI sponsored living expenses. SSI or SSDI monthly benefits must be applied toward the cost of maintenance unless those benefits are fully utilized to maintain the individual’s home while they are away from home participating in school or training.
Individual’s receiving SSI or SSDI will be required to use these benefits for room and board expenses (75% of the individual’s monthly benefit). SSI/SSDI benefits will be applied to room and board expenses monthly while the student is in school (typically four months per semester for a standard academic year unless the actual semester differs in length). Individual’s receiving SSA benefits will have no expected contribution in circumstances where there is no DBVI sponsorship of living expenses.
- Educational expenses mean tuition, books and supplies, personal and miscellaneous costs, fees, transportation for educational purposes, and maintenance when applicable. Reader services, interpreting services, assistive technology (AT), adaptive aids (including computers with purchased or installed AT) and other disability related services that are required in order for the student to participate in their academic program are considered separately and are not to be calculated into the cost of educational expenses. The VR counselor shall 62 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training apply VR’s cost participation policy using the VR Financial Participation in Cost Services form for these services.
- Summer school sessions are defined by DBVI as the final semester of the school’s academic year. The student’s Expected Family Contribution (EFC), which determines the cost of participation for educational expenses, is provided to the student through the FAFSA application process annually. Students who attend school in both the fall and spring semesters of the academic year will be determined to have fully applied their annual EFC towards their cost of participation by the conclusion of the spring semester. Students who only attend one (1) semester in the academic year (fall or spring) will have applied 50% of their annual EFC towards their cost of participation.
Comparable Benefits
Comparable benefits may include, but are not limited to, grants (including Pell and other non-merit-based grants), scholarships, work study, and other financial aid available to the student. Federal regulations require that the student must make maximum efforts to secure other funding for higher education before VR funds are used.
Students must complete the Free Application for Federal Student Aid (FAFSA) within the federal and state deadlines established and maintained by the U.S. Department of Education Office of Federal Student Aid for the semester in which the student plans to attend college (For additional information please visit www.fafsa.gov).
Students are required to accept Federal Student Aid Grants and scholarships and use those funds toward the cost of necessary educational expenses.
Work-study: Students are not required to accept work-study. However, if the student does accept work-study, it becomes a comparable benefit because work-study is considered financial aid.
The Virginia Tuition Assistance Grant Program (VTAG) is administered by The State Council of Higher Education in Virginia (SCHEV) James Monroe Building, 101 North 14th Street, Richmond, Virginia, 23219. Information regarding the VTAG and other statewide financial assistance programs can be located by visiting the SCHEV website at http://www.schev.edu/. VTAG provides non-need-based aid to Virginia students enrolled in undergraduate and graduate programs at Virginia's private institutions. VR considers this grant a comparable benefit if the student chooses to attend the private institution where the grant would be applied. This grant goes directly to the private institution for tuition on behalf of the VR student. If the institution does not need the full amount of the grant, the remaining funds are returned to the Council of Higher Education.
Virginia Commonwealth Award: The purpose of the Virginia Commonwealth Award is to assist undergraduate students with financial need and graduate students to pay part of 63 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training their college costs. Funds for this award are appropriated directly to each state-supported institution. Funds may be used for need-based grants to Virginia resident undergraduates or for grants or assistantships to graduate students (both in-state and out-of-state). The application and awarding processes are administered by the financial aid office at each Virginia public college or university. The Virginia Commonwealth Award is considered a comparable benefit.
Any special grant routinely given by the private college or university intended to offset the higher cost of tuition and/or room and board charged by the private institution will be applied as a comparable benefit if the student chooses to attend that private college or university.
Per 34 CFR 361.5(8)(ii), a monetary merit award is not considered as a comparable benefit. Therefore, merit awards provided to a student by a civic, professional, social, or consumer advocacy organization, such as the National Federation of the Blind, or the American Council of the Blind, will not be considered a comparable benefit.
The Academic Common Market (ACA) helps students by saving funds on specific undergraduate and graduate studies at out-of-state institution. The current arrangement is active within 16 states and allows participating students to pay state tuition while studying outside their home states. Further information can be obtained at http:\\www.schev.edu/.
Scope of Services
- Tuition
- Mandatory Fees
- Housing
- Meals
- Transportation
- Reader Service
- Books and Supplies
- Computers
- Incidental Allowance 10. Equipment 11. Remedial/Developmental Courses
Professional School
Professional school generally refers to the following areas:
- Law school
- Schools of Medicine
- Dentistry
- Pharmacy
- Veterinary Medicine 64 VR Guidance Document 2024 Chapter 8: College Training and Other Post-Secondary Training Authorization for College/University Training Services The VR counselor should plan services and costs for each academic year only, not for the anticipated full length of the college program (e.g., four years). For example, it may be anticipated that a 4-year college program will cost $50,000 in total (tuition, room and board, books, etc.).
OTHER POST-SECONDARY TRAINING Individuals may receive other post-secondary training services outside of the college or university environment when the services are required in order for them to enter, re-enter, or regain employment or to advance in employment. These post-secondary training services could include adult education courses, trade or technical schools, apprenticeships or other skill-based training.
Specific Training Programs
- Apprenticeship Training When the vocational objective of an individual is an occupation that may use apprentices, contact should be made with the Department of Labor and Industry, Richmond, Virginia
- Business, Trade and Technical Schools The department may purchase training for qualified individuals in any approved business, trade, or technical school which provides adequate training for individuals who are blind or vision impaired.
- Correspondence Study In all correspondence courses, the total price of the course will be divided by the number of lessons and the resulting quotient will be the price for each lesson. 65 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) Chapter 9
Supported Employment and Customized Employment
Supported Employment is competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, or individuals with the most significant disabilities for whom competitive integrated employment has not historically occurred; or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition to competitive integrated employment in order to perform the work involved.
Under the Workforce Innovation and Opportunity Act (WIOA), the VR agency can provide funding for extended services for individuals who meet the definition of “youth with a disability” and provided to a youth with a most significant disability by VR in accordance with requirements set forth, not to exceed four years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability, whichever occurs first. The VR agency may not provide extended services to an individual with a most significant disability who is not a youth with a most significant disability Supported Employment services consist of on-going support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that:
- Are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment;
- Are based on a determination of the needs of an eligible individual as specified in an individualized plan for employment; and
- Are provided by VR for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (Per CFR 363.54(iii))
Federal regulations define supported employment (SE) services as beginning at the point at which the individual is employed. The primary SE service is typically job coaching services (job site training), but other services deemed necessary to support 66 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) the individual in employment are also permissible under the definition of SE services.
These include:
- transportation and other mobility related services;
- treatment services (e.g., medical, mental health, etc.); and;
- benefits counseling.
In addition, while situational assessment and job development services are not part of the federal definition of “supported employment services”, they are traditionally primary services leading to supported employment for individuals.
Supported Employment Outcomes The goal of Supported Employment services is to assist an individual to achieve competitive, integrated employment. However, in some cases the individual may not be able to reach that goal without a period of employment that in a competitive, integrated environment. In those cases, the VR counselor can provide SE services to an individual to become employed in an integrated setting (which is not a competitive integrated employment setting) assuming the ultimate goal is competitive integrated employment and under the following conditions:
- Supported employment services must have been provided for 24 months in support of competitive integrated employment
- The individual’s VR case should be maintained as an open case on a short-term basis while they’re working towards competitive integrated employment
- The VR counselor assumes the individual is reasonably expected to achieve such an outcome (i.e., competitive integrated employment) within 6 months of achieving the non-competitive employment outcome.
If at the end of the short-term period (6 or 12 months) the individual is still employed with the integrated setting but has not achieved competitive, integrated setting then the individual’s case should be closed as Closed-Other (Per CFR 361.5(53)).
Eligibility for Supported Employment Services
An individual, including a youth with a disability, is eligible for supported employment services if;
- The individual has been determined eligible for vocational rehabilitation services;
- The individual is determined to be an individual with a most significant disability;
- The individual has a supported employment goal on their Individualized Plan for Employment (IPE);
- For purposes of activities carried out with funds for youth with disabilities (see below - “services for youth with the most significant disabilities”), the individual is a youth with a disability; and
- A comprehensive assessment of the rehabilitation needs of the individual, including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual. 67 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) Services for youth with the most significant disabilities
A State that receives supported employment funds shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.
Supported Employment Individualized Model In the individual placement model, the individual being served by VR is placed in a competitive integrated work setting in the community. The individual is employed by the business. Ongoing support services are provided by an employment specialist or job coach who is employed by an approved provider of supported employment services (Employment Services Organization or ESO). The employment specialist typically provides the individual with initial job skill training (placement and training) on an intensive one-to-one basis for a period of hours each day and for a number of weeks as determined by the employment specialist in consultation with the VR counselor and the individual being served. The employment specialist gradually decreases supports, as the individual becomes more proficient and “stable” on the job. Once stability is reached, the employment specialist continues to provide ongoing supports, either on the job site or off the job site, as needed by the individual to maintain employment.
Additionally, a system of “natural supports” may be developed within the workplace and community.
Supported Employment (SE) consists of two consecutive phases, Time-Limited Services and Extended Services (during which On-going support services are provided).
A. Time-limited Services Phase DBVI receives both general VR funds and Supported Employment funds (Title VI funds):
- General case service funds (VR funds) are used for all VR services the individual requires and may be also used for supported employment services. However, only VR funds may be used for situational assessments and job development services, including when the goal is supported employment.
- Supported Employment funds (Title VI funds) may only be used for SE services for those individuals who meet the eligibility criteria to be served under an SE program and only once the individual is employed. Those funds are primarily utilized for job site training by an individual qualified to provide job coaching services but may include other necessary support services such as transportation, treatment, or benefits counseling. 68 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training)
- For individuals being served under a supported employment program, the time-limited services of situational assessment and job development (using VR funds) are provided by the VR counselor to the individual being served until such time as they become employed within a competitive, integrated setting consistent with their IPE vocational goal. Once the individual becomes employed, the VR counselor will provide supported employment services (using Title VI funds as available) with job coaching the primary service, until such time that the individual has been determined to be stable in employment (See definition of Stability later in this chapter).
In some cases (as noted above), the individual within an SE program may become employed within an integrated setting but is not being paid at a wage level that’s competitive (either minimum wage for that community or below the prevailing wage for the position). See Supported Employment Outcomes above for more information related to SE services in that situation.
B. Extended Service Phase not applicable for Job Coaching Training Services
(JCTS)
During the extended services phase, the individual is receiving ongoing support services as well as any other services necessary to maintain employment.
During this phase, supported employment funds may not be used. General VR funds may also not be used (except in some specific circumstances for youth with disabilities). The individual is funded through another source of funds which must have been determined during IPE development once it was determined SE services were to be utilized. In some cases, natural supports may be established to provide ongoing supports, although this is rare.
Once the individual has reached stability on the employment site (as agreed to between the VR counselor and the Employment Services Organization (ESO) job coach), the extended services phase begins.
Job Coach Training Services (JCTS)
Some individuals may require intensive initial support but will not require ongoing support services on a long-term basis. These individuals would be those who may require more intensive, individualized job development services and/or may require more intensive initial training and job site support by an employment services specialist.
Job Coach Training Services (JCTS) is a service option available to the VR counselor and provided by the same ESO vendors who provide supported employment. However, JCTS cannot be authorized under DBVI’s supported employment funding nor would funding for ongoing support services be appropriate. 69 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) Job Coach Training Services can be provided to individuals who have not met the criteria for Most Significantly Disabled (MSD) as SE services requires.
Customized employment
Customized employment is competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability and is designed to meet the specific abilities of the individual and the business needs of the employer. It is carried out through flexible strategies, such as:
- job exploration by the individual;
- working with an employer to facilitate placement, including a. customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; b. 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; c. representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and d. providing services and supports at the job location. (Per CFR 361.5(C)(11))
Customized Employment (CE), which is included in the definition of Supported Employment, is a job development/job placement strategy that can be used for individuals with Most Significant Disabilities (MSD). CE may be provided by an employment services specialist through an Employment Services Organization (ESO), or CE may be provided directly by the VR counselor or the Business Relations Specialist.
Customized Employment is an alternative that enables individuals with disabilities (or those representing individuals with disabilities) and employers the opportunity to negotiate job tasks and/or reassign basic job duties such that a mutually beneficial employment relationship is established. CE is best used to meet the needs of employment seekers with disabilities who have not been or are unlikely to be successful in a traditional, demand-side employment seeking process.
While Customized Employment (CE) is included in the definition of Supported Employment services (SE), and CE services may encompass specific aspects of SE services, Customized Employment is a very different service than Supported Employment. 70 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) Chapter 10
Training Programs and Services (Non-Academic Training)
The DBVI VR program provides training services and programs which fall outside of college and other academically oriented post-secondary training. Where the individual is being served within an employment setting the individual is considered a trainee and when they would be considered an employee.
Definition of Trainee in the Work Setting
Individuals who are working within a competitive integrated employment setting as part of a paid work experience, as a volunteer, through an Unpaid Work Experience or any other work-based experience (including those in summer or temporary work) are considered trainees and not employees where specific criteria has been met.
DOL Fact Sheet: Internship (paid/unpaid work experience) Programs Under The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the “for-profit” private sector will most often be viewed as employment, unless the test described below relating to trainees is met.
Interns in the “for-profit” private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.
The Test For Unpaid Interns
There are some circumstances under which individuals who participate in “for-profit” private sector internships or training programs may do so without compensation. The Supreme Court has held that the term "suffer or permit to work" cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria. The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making this determination:
- The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; 71 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training)
- The internship experience is for the benefit of the intern;
- The intern does not displace regular employees, but works under close supervision of existing staff;
- The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad. Some of the most commonly discussed factors for “for-profit” private sector internship programs are considered below.
Similar To An Education Environment And The Primary Beneficiary Of The Activity
In general, the more an internship program is structured around a classroom or academic experience as opposed to the employer’s actual operations, the more likely the internship will be viewed as an extension of the individual’s educational experience (this often occurs where a college or university exercises oversight over the internship program and provides educational credit).
The more the internship provides the individual with skills that can be used in multiple employment settings, as opposed to skills particular to one employer’s operation, the more likely the intern would be viewed as receiving training. Under these circumstances the intern does not perform the routine work of the business on a regular and recurring basis, and the business is not dependent upon the work of the intern. On the other hand, if the interns are engaged in the operations of the employer or are performing productive work (for example, filing, performing other clerical work, or assisting individuals), then the fact that they may be receiving some benefits in the form of a new skill or improved work habits will not exclude them from the FLSA’s minimum wage and overtime requirements because the employer benefits from the interns’ work.
Displacement And Supervision Issues
If an employer uses interns as substitutes for regular workers or to augment its existing workforce during specific time periods, these interns should be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.
If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled compensation under the FLSA. Conversely, if the employer 72 VR Guidance Document 2024 Chapter 10: Training Programs and Services (Non-Academic Training) is providing job shadowing opportunities that allow an intern to learn certain functions under the close and constant supervision of regular employees, but the intern performs no or minimal work, the activity is more likely to be viewed as a bona fide education experience. On the other hand, if the intern receives the same level of supervision as the employer’s regular workforce, this suggests an employment relationship, rather than training.
Job Entitlement
The internship should be of a fixed duration, established prior to the outset of the internship. Further, unpaid internships generally should not be used by the employer as a trial period for individuals seeking employment at the conclusion of the internship period. If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA.
Where to Obtain Additional Information
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
For additional information, visit the DOL Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call the toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). 73 VR Guidance Document 2024
Chapter 10.1: On-The-Job Training Chapter 10.1
On-The-Job Training
On-the-job training (OJT) is a real work experience provided by an employer who hires the trainee as a bona fide employee receiving the same benefits as other employees.
The Fair Labor Standards Act requires that the trainee’s wage be equal to or exceed whichever is greater: 1) the minimum entrance wage that particular employer pays inexperienced workers in the same occupation, or 2) the current federal minimum wage.
Additionally, the trainee shall receive pay increases if the training program lasts long enough that periodic pay increases are reasonable, and the trainee’s performance merits an increase. 74 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training Chapter 10.2
Paid and Unpaid Work Experience Training
A work experience is a temporary position with an emphasis on on-the-job training rather than merely employment, and it can be paid or unpaid. While work experiences have been traditionally targeted for students, other non-students may also benefit from a work experience.
Work Experience Employment Sites
The VR counselor must work with the individual and the Business Relations Specialist to ensure an appropriate work setting for the work experience. Consideration must be paid to the individual’s vocational goal, their educational background, and their previous work experience. The employer providing the work site must be willing to collaborate with DBVI staff to ensure necessary supports and training are provided to the individual.
Supporting services could include assistive technology, accessibility issues, job coaching, and other on-site needs of the individual. The employer assumes responsibility for providing basic training, orientation, and support as they would be any new employee. Ongoing communication between the employer and DBVI staff is critical to the success of the work experience, including the development of clear objectives for the individual in the work experience and on-going reviews of their performance on the job.
DBVI as the Work Experience Setting
DBVI may serve as the work site for both paid and unpaid work experiences. This could include the Regional Offices, VRCBVI, the Library Resource Center (LRC), or other administrative offices within DBVI Headquarters. In circumstances where DBVI is the employment setting, there is greater potential for professional boundary issues to arise, leading to a dual relationship between the individual and DBVI staff. Per DBVI’s Code of Ethics, DBVI will “...develop and maintain professional relationship boundaries with the individuals we serve.” The VR counselor must provide the individual with the necessary guidance and counseling prior to the decision to establish DBVI as the work experience employment setting.
Paid Work Experience Training
DBVI has established a paid work experience service through partnerships with staffing agencies in Virginia.
Individuals are paid the minimum wage for the community in which the work experience site is located and are considered an employee of the staffing agency; they are not an 75 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training employee of DBVI nor the work experience site employer. Paid work experience positions can be full or part time and should be in support of and consistent with the individual’s vocational goal.
The paid work experience can be developed as a follow-up to an Unpaid Work Experience (see next section) with the same employer or can be established as a paid work experience from the outset. A paid work experience may lead to paid employment, an OJT with the same employer (or another) or the paid work experience may end without employment as the end result.
Criteria for Paid Work Experience
- Adults 18 years or older may participate in a paid work experience. The individual must be in a Service status (including Job Ready status).
- Students engaged in post-secondary training or education (business or technical school, college, Wilson Workforce & Rehabilitation Center, etc.) are appropriate candidates for a paid work experience. The paid work experience should ideally provide a work experience consistent with the student’s vocational goal and studies.
- Individuals with previous work experience who have experienced a gap in employment due to their disability who can use a paid work experience as a transition into full or part time competitive integrated employment.
- Others as its determined to be an appropriate service in support of the individual’s vocational goal.
Time Limit: The paid work experience is limited to 26 weeks, 40 hours per week maximum for a total of 1040 hours maximum. The time period can be extended only at the request of the employer, at the request of the VR counselor (with permission from the employer) and with the approval of the Regional Manager.
Fees: The VR counselor will authorize to the staffing agency an amount equal to the wage the individual is receiving (generally minimum wage) plus the staffing agency fees. The fees are generally the same for most positions but may vary depending on the work experience position or work site.
Comparable Services and Benefits: The VR counselor must make every effort to obtain comparable services and benefits available to the individual from all other programs.
Maintenance (See Chapter 11.4 – Maintenance for more information) - If the individual incurs additional expenses above and beyond their normal expenses in order to participate in a paid work experience, maintenance may be provided. Maintenance costs are subject to the individual’s participation in cost of services except if the work experience is established for the purpose of vocational exploration or vocational assessment. Maintenance may include:
- Room and board and incidentals for an out-of-town training site.
- Transportation. 76 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training
- Clothing to include uniform or other workplace-appropriate attire. Meals during the workday Training Materials - Actual cost for training materials, textbooks and required supplies not normally provided by the employer/trainer may be provided. These costs must be approved by the VR counselor and itemized by the vendor (employer) on an invoice prior to payment. Additionally, these costs shall be subject to the individual’s financial participation in cost of services when provided for a paid work experience and exempt when provided for vocational exploration or vocational assessment.
Supported Employment and Job Coaching Training Services - The VR counselor may utilize Job Coaching Training Services or supported employment (SE) services for individuals who require those services in order to successfully participate in a paid work experience. Situational Assessment may be provided to help the individual and the VR counselor select an appropriate work setting and to develop training objectives (such as special needs, work attitudes and behavior, job skills, work tolerance, etc.) for the IPE.
While a paid work experience is generally designed to prepare the individual for employment without extensive ongoing supports, the VR counselor may authorize JCTS or SE services in conjunction with an UWE if necessary for a successful supported employment outcome.
Multiple Paid Work Experiences - Multiple paid work experiences are permitted as needed. The VR counselor should consult with the Regional Manager before approving multiple paid work experiences.
Liability - The individual is considered an employee of the staffing agency and so all liability, including Workman’s Compensation, is through the staffing agency.
Using Paid Work Experiences for Vocational exploration:
- In general, a paid work experience should not be used for vocational exploration.
It would be more appropriate to utilize situational assessments, job shadowing or Unpaid Work Experience for that purpose.
- When a paid work experience is used in order to provide vocational exploration, the services shall be exempt from a search for comparable benefits and from consideration of the individual’s participation in cost of services.
Using paid work experiences as vocational training in the workplace:
- A paid work experience is a work-based experience that allows the individual the opportunity to acquire additional work skills, to develop and reinforce work competencies, attitudes, and work behaviors needed to prepare for paid employment.
- If the paid work experience is primarily used as a training program (as opposed to vocational exploration or assessment) then the service may only be provided 77 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training under an Individualized Plan for Employment (IPE). Training must be related to achieving the established employment goal.
- Training must be closely supervised by the employer-trainer.
- When the paid work experience is used for the purpose of vocational training in the workplace, the services shall be exempt from a search for comparable benefits and from consideration of the individual’s participation in cost of services.
Responsibilities of the individual participating in the paid work experience
- As a condition for receiving a paid work experience, the individual shall: a. Consult with the VR counselor to review attendance, progress towards training program completion, financial status, and future plans. b. Make satisfactory progress in the training program and complete the program as scheduled. The VR counselor shall review the individual’s progress as reported on the Monthly Training Progress Report. If progress is not satisfactory, the individual and the VR counselor shall address the causes and take appropriate action. c. Provide written informed consent for the VR counselor and service provider to share necessary information regarding disability impediments to employment, accommodation, and progress.
Unpaid Work Experience (UWE) According to the United States Department of Labor (DOL), unpaid work experiences (UWE) may include vocational exploration, assessment training, and cooperative vocational education. No remuneration is received by the trainee who participated in a UWE. UWE provides training for eligible individuals who have no work history in order for them to gain valuable work experience. This training also provides eligible individuals, who have previous work experience, the opportunity to regain his/her competence and skills in order to return to competitive employment. UWE is provided in a competitive, integrated work environment.
DOL also makes clear that it is the employer/trainer’s responsibility to fully meet all DOL criteria for a training relationship with the individual/trainee. UWE must be terminated if it becomes clear that the individual is completing work that benefits the employer or is meeting the employer’s labor needs. The employer agrees to these legal responsibilities as outlined on the UWE Enrollment Form which is required to be maintained in the individual’s case file. While the DOL does not determine the existence of an employment relationship exclusively on the basis of the number of hours being worked, the Wage and Hour Division of the Employment Standards Administration of the DOL establishes a general rule for the maximum number of hours for the vocational exploration, evaluation, and training components of an UWE.
A. Time Limit a. Adults: 78 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training For adults aged 18 and older, UWE training is limited to 26 weeks, 40 hours per week maximum for a total of 1040 hours maximum. The time period can be extended at the request of the employer, at the request of the VR counselor (with permission from the employer) and with the approval of the Regional Manager. b. Students: i. For high school students aged 16 and 17, the maximum number of hours per job (per signed agreement between the U.S. Department of Labor and the U.S. Department of Education) is:
- Vocational exploration – 5 hours maximum per job.
- Vocational assessment – 90 hours maximum per job.
- Vocational training – 120 hours maximum per job. ii. For high school students aged 14 or 15, the student shall participate in no more than:
- Three hours on a school day, 18 hours in a school week, eight hours on a non-school day, 40 hours in a non-school week.
- They shall not participate before 7:00 a.m. or after 7:00 p.m. They shall not work a job declared hazardous by the Secretary of Labor.
c. Individuals aged 16 or 17 years old may participate anytime for unlimited hours but shall not work a job declared hazardous by the Secretary of Labor.
d. For a secondary (junior and senior high) school student receiving special education services under an Individualized Education Program (IEP), the counselor may coordinate with school personnel to provide an UWE only when the UWE is listed as a transition component on the student’s IEP. If the student is not served under a school IEP, the counselor may coordinate an UWE with the custodial parent/guardian and appropriate school personnel.
NOTE: Participation by a student with a disability would qualify as a work-based learning experience and is one of the required services listed under pre-employment transition services.
B. Comparable Services and Benefits The VR counselor must make every effort to obtain comparable services and benefits available to the individual from all other programs.
C. Maintenance (See Chapter 11.4 – Maintenance for more information) If the individual incurs additional expenses above and beyond their normal expenses in order to participate in an UWE, maintenance may be provided.
Maintenance costs are subject to the individual’s participation in cost of services except when the UWE is provided for the purpose of vocational exploration or vocational assessment. 79 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training Maintenance may include:
- Room and board and incidentals for an out-of-town training site.
- Transportation.
- Clothing to include uniform or other workplace-appropriate attire.
- Meals during the workday D. Training Materials Actual cost for training materials, textbooks and required supplies not normally provided by the employer/trainer may be provided. These costs must be approved by the VR counselor and itemized by the vendor on an invoice prior to payment. Additionally, these costs shall be subject to the individual’s participation in the cost of services when provided for unpaid vocational training and exempt when provided for vocational exploration or vocational assessment.
E. Supported Employment and Job Coaching Training Services The VR counselor may utilize Job Coaching Training Services or supported employment (SE) services for individuals who require those services in order to successfully participate in an UWE. Situational Assessment may be provided to help the individual and the VR counselor select an appropriate work setting and to develop training objectives (such as special needs, work attitudes and behavior, job skills, work tolerance, etc.) for the IPE. While an UWE is generally designed to prepare the individual for employment without extensive ongoing supports, the VR counselor may authorize JCTS or SE services in conjunction with an UWE if necessary for a successful supported employment outcome.
F. Multiple UWEs.
Multiple UWEs are permitted as needed. The VR counselor should consult with the Regional Manager before approving multiple UWE’s.
G. Vendor payment prohibited.
DBVI staff shall not pay tuition or other training fees to the vendor (Employer) for providing an UWE.
H. Liability DBVI and the individuals who are being served by the agency are ensured for liability through the Virginia Department of the Treasury, Division of Risk Management. This coverage specifically is for instances in which individuals receiving services or the employer:
- Seek a liability-related legal action against DBVI or VRCBVI as the result of participation in VR services, including situational assessments, summer work, paid and unpaid work experiences, on-the-job training, or other work experiences.
- Allege that DBVI or VRCBVI caused injury to the individual or damaged the individual’s property. 80 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training
- Injure another person or do property damage to the employer during a situational assessment, paid and unpaid work experience, summer work, on-the-job training, or other work experience.
I. Using UWE for Vocational exploration
- UWE may be used to conduct vocational exploration in a variety of work settings to help the individual and counselor establish an appropriate employment goal. In this circumstance, the individual gains information by watching work being performed (job shadowing), talking with employees about their job, and participating in a real-work environment. .
- When an UWE is used in order to provide vocational exploration, the services shall be exempt from a search for comparable benefits and from consideration of the individual’s participation in cost of services.
J. Using UWE for Vocational assessment
- UWE may be used to provide vocational assessment in various work settings to undertake brief work assignments under the direct supervision of the employer-trainer.
- Vocational assessment should generally be completed before the VR Individualized Plan for Employment (IPE) is developed. However, if an established employment goal must be modified, additional vocational assessment needed to establish a new employment goal may be authorized.
- When UWE is used to provide vocational assessment, the services shall be exempt from a search for comparable benefits and from consideration of the individual’s participation in cost of services.
K. Using UWE as vocational training in the workplace
- Unpaid Work Experience (UWE) is an unpaid work-based experience that allows the individual the opportunity to acquire additional work skills, to develop and reinforce work competencies, attitudes, and work behaviors needed to prepare for paid employment.
- If UWE is primarily used as a training program (as opposed to vocational exploration or assessment) then the service may only be provided under an Individualized Plan for Employment (IPE). Training must be related to achieving the established employment goal.
- Training must be closely supervised by the employer-trainer.
- When UWE is used for the purpose of vocational training in the workplace, the services shall be exempt from a search for comparable benefits and from consideration of the individual’s participation in cost of services.
L. Responsibilities of the individual participating in the UWE
- As a condition for receiving unpaid work experiences (UWE), the individual shall: i. Consult with the VR counselor to review attendance, progress towards training program completion, financial status, and future plans. ii. Make satisfactory progress in the training program and complete the program as scheduled. The VR counselor shall review the individual’s 81 VR Guidance Document 2024 Chapter 10.2: Paid and Unpaid Work Experience Training progress as reported on the Training Progress Report. If progress is not satisfactory, the individual and the VR counselor shall address the causes and take appropriate action. iii. Provide written informed consent for the VR counselor and service provider to share necessary information regarding disability impediments to employment, accommodation, and progress. iv. Satisfy the Enrollee Responsibilities as listed in the UWE Enrollment form. 82 VR Guidance Document 2024 Chapter 10.5: Work Adjustment Training Chapter 10.3
Tutorial Training (Non-Technology)
Tutorial training may be provided to assist individuals when those services are necessary for the individual to achieve their vocational goal. This training may be necessary when the individual needs individualized instruction in order to develop or master a specific skill. Tutorial training is usually limited to the development of academic skills needed to enter a specific training program. Tutorial academic training is not intended to be used as a means to maintain academic eligibility for borderline college students.
A. Time Limit Tutorial training is a time-limited service. It can be provided until the individual becomes proficient in the academic or vocational training. No more than three months can be authorized at a time. Any extension must be clearly justified and approved by the VR counselor with reason for extension documented in the case record.
B. Comparable Services and Benefits The VR counselor must make every effort to obtain comparable services and benefits available to the individual from all other programs. This includes the public and private sector to meet in whole or part the individual’s program. 83 VR Guidance Document 2024 Chapter 10.5: Work Adjustment Training Chapter 10.4
Technology Tutors DBVI Technology Tutor Network Purpose of Technology Tutor Network Tutorial training may be provided to assist the individual in achieving a vocational goal. This training may be necessary when the individual needs individual instruction in order to develop a specific skill. Tutorial training is usually limited to the development of computer or assistive technology skills needed to achieve educational or vocational goals.
Technology Training Guidelines
- If DBVI will be paying for the service, only those tutors who have been approved through the DBVI Technology Tutor Network (TTN) and who have been placed on the DARS approved vendor list will be used to teach individuals the use of assistive technology and application software.
- On-site Technology Training: DBVI may contract with tutors approved by TTN for community-based technology training on the following types of assistive technology and mainstream technology: a. Large print access systems b. Speech access systems c. Braille access systems d. Braille communication devices e. Scanners f. Mobile technology g. Deaf Blind technology h. Mainstream operating systems and applications as they interface with assistive technology Tutor Qualifications
- Tutors must have the following qualifications: a. the ability to train individuals in the use of computers or other communication devices, access programs, and application software b. experience interfacing assistive technologies with computers and application software c. the ability to work effectively with people who are vision impaired 84 VR Guidance Document 2024 Chapter 10.5: Work Adjustment Training d. the ability to communicate effectively orally, in writing, and via sign language, where applicable e. a positive proficiency interview with a representative of the TTN, including questions on those assistive technology devices, operating systems, and application programs listed in the tutor's application f. the ability to configure the assistive technology, interfaced with application software, to a level consistent with the performance requirements of the student Group Classes, Seminars, and Workshops
- A qualified tutor may conduct group sessions. The guidelines for the selection of the tutor, payment, class size, and curricula are as follows: a. A tutor can conduct a seminar, class, or workshop in their area of expertise in which they have been certified or upon approval of the Rehab Technology Services program director. b. The selection of the tutor will require approval by the Rehab Technology Services program director along with (as requested) collaborative input from case managers or regional managers familiar with the tutor. c. There will be a flat rate for each individual to attend a session which can be directly charged to the individual’s case, thereby eliminating the need to find funding elsewhere. The rate includes class preparation time, instruction, and travel reimbursement. d. The rate will be determined by the subject matter, the complexity level of the class, the size of the class, and the length of the class. Because of these variables, there will be no standard rate for compensation. e. The above variables will be determined by the Rehab Technology Services program director and the tutor. f. The tutor will submit a curriculum or set of lesson plans detailing what will be taught and outlining class objectives at the time of planning. 85 VR Guidance Document 2024 Chapter 10.5: Work Adjustment Training Chapter 10.5
Work Adjustment Training
Work adjustment training is a training process utilizing individual and group work and work-related activities. It is a service that provides generalized training and real or simulated work in order to assist individuals in the development of general values, attitudes, and behaviors appropriate for a work environment.
Work adjustment training helps the individual understand the meaning, value and demands of work. These services help the individual to develop attitudes, modify personal characteristics, and work behavior. This develops the functional capacities of the individual as needed in order to assist the individual toward his/her optimum level of vocational development.
Frequently Work Adjustment Training is provided within a non-integrated facility setting, although others may provide WAT services in a community setting. The VR counselor should seek to have WAT services provided within a setting that if not a competitive, integrated setting is one that will provide the individual with a more realistic setting or environment in which to address pre-vocational work behaviors A. Time Limit There is a maximum time of three (3) months for work adjustment training. In circumstances when the counselor may extend beyond three months, written justification must be provided in the case record.
The individual’s work adjustment training must be focused on the goal of achieving a competitive integrated employment outcome. If progress toward that outcome is not being achieved, termination of that service should be considered, and other options pursued.
B. Comparable Services and Benefits The counselor must make every effort to obtain comparable services and benefits available to the individual from all other programs. This includes the public and private sector to meet in whole or in part the cost of the individual’s program. 86 VR Guidance Document 2024 Chapter 10.6: Wilson Workforce and Rehabilitation Center (WWRC) Chapter 10.6
Wilson Workforce and Rehabilitation Center (WWRC)
Wilson Workforce and Rehabilitation Center (WWRC) is a comprehensive rehabilitation facility located in Fishersville, Virginia. The Wilson Workforce and Rehabilitation Center (WWRC), operated by the Virginia Department for Aging and Rehabilitative Services (DARS), provides Medical and Vocational Rehabilitation services to address the comprehensive needs of individuals who have the potential to improve independence and employability
DBVI has a cooperative agreement with the Department for Aging and Rehabilitative Services (DARS) in which DARS agrees to provide DBVI individuals with equal access to services at WWRC including evaluation, vocational training, medical services, life skills, and residential services. Services provided by WWRC will be purchased by
DBVI.
More specific information regarding WWRC can be found on the DARS Intranet, choosing DSA sites and WWRC. On the WWRC intranet or internet the VR counselor can find more information regarding services and residential options. The WWRC fee schedule for services can be found in the WWRC internal Document Repository on their intranet site.
WWRC Admissions WWRC accepts applications of any individual with a disability for whom WWRC services are appropriate.
WWRC provides services without discrimination regarding race, color, creed, sex, national origin, age, or disability in compliance with Title VI of the civil Rights Act of 1964 and the Disability Act of 1990. All applicants have the right to file complaints and to appeal decisions according to regulations governing this process.
WWRC Services
Vocational Evaluation is an educational process in which an individual obtains greater self and work knowledge through participation in work activities designed to evaluate vocational skills, interests, and abilities. Individuals learn about the functional impact of their disability in relation to their career options. They also learn about assistive technology and the devices and accommodations needed to remove barriers to `87 VR Guidance Document 2024 Chapter 10.6: Wilson Workforce and Rehabilitation Center (WWRC) employment. The evaluation process encourages personal involvement in career planning and development and empowers individuals by increasing their self-confidence in career decision making.
Life Skills Transition Program (LSTP) is a nine-week introductory program divided into three-week modules. Individuals participate in classes designed to provide a foundation of soft skills as part of their transition to employment and independence.
Goals include an introductory exposure to soft skills that support an individual’s ability to seek and secure employment, to heighten awareness of personal interactions that may impact employment and to expand and enhance their interpersonal, personal management, and practical living skills that increase potential for living more independently.
Vocational Training is also known as the Wilson Workforce Center for Employment (WWCE). The mission of Vocational Training is to successfully prepare individuals for employment, higher education, and/or other career development goals by maximizing their employment, occupational, and self-sufficiency skills. Vocational Training Programs are specifically designed to help individuals achieve successful careers. All instruction is competency-based, and each program is updated regularly with the assistance of Advisory Committees.
Rehabilitation Counseling Individuals enrolled in a program of services at WWRC are assigned a Rehabilitation Counselor to provide guidance and counseling during their program. The role of the Rehabilitation Counselor is to help the individual navigate through the services at
WWRC.
Rehabilitation Counselors assist individuals in effectively planning, accessing, and managing their services to provide the best possible opportunity for them to achieve their goals and to learn and demonstrate advocacy skills. The Rehabilitation Counselor is the leader of an individual’s inter-disciplinary team of rehabilitation professionals. The Rehabilitation Counselor at WWRC is also the primary liaison with the DBVI VR counselor.
Medical Rehabilitation The Medical Rehabilitation Division is certified as a Comprehensive Outpatient Rehabilitation Facility with a residential option. Medical rehabilitation services are available for individuals with physical, cognitive, sensory and/or emotional disabilities, such as those related to spinal cord injury, stroke, traumatic brain injury or other neurological or orthopedic conditions. Comprehensive treatment programs are coordinated by a medical case manager and may include a vocational evaluation.
WWRC also provides assistive technology services for both DARS and non-DARS referred individuals. Individuals who require assistance with medical needs or personal `88 VR Guidance Document 2024 Chapter 10.6: Wilson Workforce and Rehabilitation Center (WWRC) daily living skills may reside on Rothrock Hall at WWRC where they have access to 24/7 nursing assistance.
Residency Options The majority of individuals served at WWRC live in dormitories. Each dormitory suite consists of three or four bedrooms with shared bath. Individuals may have a roommate depending upon enrollment at their time of admission. Each individual is responsible for maintaining the cleanliness of their personal living space and have assigned responsibilities for maintaining their shared facilities. `89 VR Guidance Document 2024
Chapter 11: Other Goods and Services Chapter 11
Other Goods and Services
Other Goods and Services
Individuals may receive these other goods and services when those services have been determined necessary for the individual to achieve an employment outcome. All federal and state rules pertaining to the purchase of goods and services are be adhered to.
Cost of participation in services will be applied as appropriate. The VR counselor must include the identified goods and services on the individual’s IPE prior to purchasing.
Comparable benefits must be sought prior to the purchase. 90 VR Guidance Document 2024 Chapter 11.1: Adaptive Equipment and Assistive Technology Chapter 11.1 Adaptive Equipment and Assistive Technology Definitions According to the Assistive Technology Act of 1998 (29 U.S.C. 3002) which is referenced in the 34 CFR 361.10 (c)(6), Assistive Technology means “technology designed to be utilized in an assistive technology device or assistive technology service”. Assistive Technology device is defined as “has the meaning given such term in section 3 of the Assistive Technology of 1998….) . The Assistive Technology Act defines Assistive Technology Device as "any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
The term Adaptive Technology is often used as the synonym for Assistive Technology.
Adaptive Technology, or Adaptive Aids, are not defined under WIOA or the Assistive Technology Act of 1998. However, numerous other references describe Adaptive Technology or equipment as items that are specifically designed for persons with disabilities that would seldom be used by non-disabled persons. In other words, "Assistive Technology is any object or system that increases or maintains the capabilities of people with disabilities," while Adaptive Technology is "any object or system that is specifically designed for the purpose of increasing or maintaining the capabilities of people with disabilities." As such, any equipment or tool that was purchased to “increase or maintain the capabilities” of someone with a disability would be considered to be Assistive Technology. A large display clock, for example, might be purchased by someone without a vision impairment in order to better see the clock from across the room. Someone with low vision, though, might purchase the same clock and place it within inches of their head in their bedroom as an assistive device.
Assistive technology devices are identified in the IDEA 2004 as:
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 children with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such device.
(Authority 20 U.S.C. 1401(1))
Although the IDEA uses the term “device”, it is important to recognize that assistive technology devices required by students with disabilities include hardware and software as well as stand-alone devices. Almost any tool can be considered to be an assistive 91 VR Guidance Document 2024 Chapter 11.1: Adaptive Equipment and Assistive Technology technology device except for those assistive technology devices that are surgically implanted and have been excluded from the definition of an assistive technology device as defined in IDEA.
The term ‘Adaptive Equipment or technology’ is defined as any object or system that is specifically designed for the purpose of increasing or maintaining the capabilities of people with disabilities. Adaptive technology would seldom be used by persons without disabilities.
A. Criteria for Purchasing Adaptive Equipment (For Training or Employment)
- Adaptive Equipment or technology or Assistive technology may be purchased when it is determined to be necessary in order for the individual being served to meet their vocational goal. For example, a vocational objective has been established for which the equipment can be utilized as a tool to enhance accessibility in the workplace and/or to make him/her more marketable in the job search. Non-computer related assistive technology may include, but not necessarily be limited to, braillewriters, low vision aids, adaptive tools, talking calculators, and light probes. Assistive technology for operating a computer may include a voice synthesizer, an image enlargement or speech program, or a braille output system; the basic computer is considered an adaptive device when it is a component of the adaptive system.
B. Individual participating in the cost of services Financial need will not be considered when purchasing assistive technology necessary for the individual to achieve their vocational goal. Financial need must be considered when purchasing equipment or tools which are not adaptive.
C. Equipment and Training for Individuals not Eligible for VR Services The VR program will not purchase, upgrade, or repair assistive technology for a visually impaired worker who is already successfully employed, unless that individual meets the basic VR eligibility criteria (See Eligibility chapter).
Technological advancements or changes in job duties and responsibilities do not alter eligibility. Purchase, upgrade, and repair of the equipment, for non-VR eligible persons, remains the responsibility of the worker or employer.
DBVI can, however, assist with assistive technology evaluations and recommendations for visually impaired individuals who are not eligible for VR.
Designated DBVI staff may provide these assessments without cost to the individual or the employer. VRCBVI may also provide hardware and software training to visually impaired individuals who are not eligible for VR services on a fee for service basis.
D. Rental of Equipment In some training or employment situations, it may be more appropriate to rent equipment for a short period. This decision would need to be made on an 92 VR Guidance Document 2024 Chapter 11.1: Adaptive Equipment and Assistive Technology individual basis. When purchasing or renting assistive technology, the VR counselor must follow applicable state purchasing procedures.
E. College and Other Vocational Training Programs The VR program will not ordinarily purchase computer assistive technology to be used by students in high school. The VR program, however, may purchase assistive technology for a high school student at the end of his/her junior year if it is determined the individual will be entering college after graduation and needs the senior year to become proficient in the use of the equipment. Assistive technology may also be purchased at the end of the junior year if the student is preparing for employment after graduation where use of a computer is essential.
The high school Junior must have received an evaluation and recommendation by DBVI staff or a qualified community service provider. Equipment for college students may be purchased following an appropriate evaluation and recommendation. When purchasing computer assistive technology, the following factors must be considered:
- Physical Limitations and Abilities The visual, auditory, and tactual/motor abilities of the individual must be assessed. These assessments will be considered on an individualized basis, and may include a thorough low vision examination, audiological testing, and direct experience with various types of communication technology, including computer access systems. If it is determined that a computer system is needed, the decision needs to be made about the most appropriate access mode; i.e., visual, tactual, auditory, or a combination of the three.
- Performance Using Adaptive Computer Access Equipment, and Application Software or Electronic Braille Devices. Not all individuals who want and/or need computer access or electronic braille devices have the ability to master the procedures required to operate such equipment. An assessment is necessary to identify the most appropriate access equipment and to determine if the individual has the potential to learn the adaptive hardware/software as well as standard computer operations.
- Assessments Individuals who do not have computer skills must be evaluated by either a DBVI staff person in the regional office, a qualified service provider in the community, or VRCBVI. Community service providers must be approved by DBVI as a vendor and paid in accordance with the fee established by
DBVI.
- VRCBVI Assessment Evaluations Individuals requesting computer access equipment can be evaluated at VRCBVI: i. During a pre-college assessment; ii. Following a general four-day assessment; or 93 VR Guidance Document 2024 Chapter 11.1: Adaptive Equipment and Assistive Technology iii. As part of a special program (two-week communication technology assessment provided if typing/braille skills have already been assessed). iv. Upon special request.
F. Criteria for Acquisition of Closed-Circuit Televisions Closed circuit televisions (CCTV) may be purchased as a low vision aid for training or employment on an individual basis. The VR program will not purchase CCTVs for use by high school students unless the CCTV is needed for vocational purposes. In order to purchase such equipment, counselors must adhere to the following conditions:
- A CCTV should be considered when conventional low vision aids have proven ineffective/inefficient in performing a desired task.
- A CCTV should only be purchased for an individual after a low vision examination.
- Written justification reflecting input from the low vision examiner and consultation with the director of low vision services. 94 VR Guidance Document 2024 Chapter 11.3: Interpreter Services Chapter 11.2
Services to Family Members and Dependents
Family member, for purposes of receiving vocational rehabilitation services in accordance with 34 § 361.5(c)(23), means an individual;
Who either;
- Is a relative or guardian of an applicant or eligible individual; or
- Lives in the same household as an applicant or eligible individual; i. Who has a substantial interest in the well-being of that individual; and ii. Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome VR Services to Family Members
- DBVI defines a family member(s) of the individual as any relative by blood, marriage, or adoption or a guardian and living in the same household. Family members of individuals actively participating in VR service may receive services when such services are necessary to enable the individual to participate in activities associated with their IPE.
- The following conditions must be met in order to provide services to family members: a. Individuals must use comparable benefits. Counselors must document the services on the IPE and in AWARE case notes. b. The VR counselor must consider the individual’s participation in the cost of services when providing services to an individual’s family members. c. Services to family members must comply with agency, state, or federal regulations that are applicable to the provision of services to the individual. d. Services to family members must be directly related to the provision of services to the individual. e. Child or day care services for the individual’s dependent children may only be provided if other arrangements are not available. When providing day care, the counselor may pay up to the amount paid per child, per day, by the Department of Social Services in the locality in which the child is located. When more than one child is involved, rates for the additional children must be lower. DBVI will not pay the individual’s family members for providing day care services for the individual’s children. 95 VR Guidance Document 2024 Chapter 11.3: Interpreter Services Chapter 11.3 Interpreter Services A. Interpreter Services for Individuals Who Are Deaf and Tactile Interpreting for Individuals who are Deafblind
- Deafblind individuals may receive interpreter services at all stages of the rehabilitation process when those services are needed by the individual to access VR services.
- There is no economic needs test for the provision of interpreter services to deafblind individuals receiving VR services. DBVI will not pay an individual’s family members to provide interpreter services. 96 VR Guidance Document 2024 Chapter 11.5: Occupational Licenses, Tools and Equipment Chapter 11.4
Maintenance
Maintenance means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.
Maintenance shall only be provided to an individual when there are additional costs to the individual as a direct result of participating in the VR program.
A. Maintenance
- Maintenance includes room, board, clothing, and incidentals and may be provided to individuals during any stage of the rehabilitation process.
- Maintenance is subject to the determination of the individual’s participation in the cost of services, except when the individual is receiving maintenance services related to diagnostic or assessment services.
- Comparable benefits for which the individual is eligible must be applied toward the cost of maintenance.
- Maintenance may include, but not be limited to, the following: a. Clothing b. Incidental Allowance c. Deposits d. Transportation e. Food
Pre-Employment Transition Services and Maintenance It is permissible for the VR counselor to use the pre-employment transition services reserve fund to reimburse an employer for costs incurred to provide a work-based learning experience, such as a fee charged by the employer that might include the cost for the purchase of additional uniforms for a student, or other costs incurred that are not individualized in nature but are necessary for the participation in the work-based learning experience. 97 VR Guidance Document 2024 Chapter 11.5: Occupational Licenses, Tools and Equipment Chapter 11.5
Occupational Licenses, Tools and Equipment
Tools and Equipment may be sponsored when they are deemed necessary for the individual to achieve their vocational goal.
DBVI may obtain for individuals occupational licenses, permits, or other written authority required by state, city, or county to assist the individual to enter an occupation or a small business. Tools, equipment, initial stocks, and supplies may be provided to the individual in training or employment.
The purchase of licenses, tools, equipment, initial stocks, and supplies is based on the individual’s participation on the cost of VR services, except for adaptive equipment or assistive technology that is necessary to achieve the individual’s vocational goal.
VR funds cannot be used to directly support or expand the practice of religion. For example, an individual may purchase a CCTV which will allow him/her to prepare for sermons which allow him/her to practice his/her chosen vocation, but VR funds could not be used to pay rent on a building that will be used by a minister to start a church or purchase a van to transport individuals to church. The VR counselor will assist individuals in obtaining the proper licenses or certification when it is required to enter an occupation.
The VR counselor may purchase tools and equipment for individuals when the individual’s employer does not ordinarily provide them for other workers. Tools and equipment that are not defined as Assistive Technology or Adaptive Equipment are subject to financial participation.
The VR counselor must seek and use comparable benefits prior to DBVI expending funds for the purchase of occupational licenses, tools, equipment, initial stocks and supplies.
Donation of Equipment
- Donation of Equipment a. Assistive technology devices and other occupational equipment shall become the personal property of an individual being served by DBVI Services division programs when: i. The device or equipment is specifically prescribed for the individual, or 98 VR Guidance Document 2024 Chapter 11.5: Occupational Licenses, Tools and Equipment ii. The device or equipment is personalized to the extent that it cannot be reassigned to another individual receiving services, or iii. The device or equipment has depleted (not depreciated) with normal use. b. Assistive technology or other occupational equipment costing $500 to $4999.99 may be donated to the individual or group of individuals being served when: i. Used by the individual or group of individuals for one year from the date of issuance or date of case closure, whichever comes first. ii. Continues to be used for training, employment, or to support independent living. iii. The individual or group of individuals agree to accept responsibility for the maintenance of the device or equipment after they have accepted ownership.
c. Assistive technology or other occupational equipment costing $5000 or more may be donated to the individual or group of individuals being served when: i. The item has depreciated to zero (usually after five years from date of purchase). ii. Continues to be used for training, employment, or to support independent living. iii. The individual or group of individuals being served accept responsibility for maintaining and repairing equipment after donation.
- Retaining Title of Assistive Technology and Other Equipment a. Except as described in section 1. A. of this policy, DBVI shall retain title to all assistive technology and other occupational equipment for one year or until an individual’s case closure, whichever comes first, for goods costing $500 to $4999.99. b. Except as described in section 1. A. of this policy, DBVI shall retain title to all assistive technology and other occupational equipment costing $5000 or more, until the item has depreciated to zero or the individual’s case has been closed successfully, whichever comes first. c. In all cases, except for assistive technology or other occupational equipment costing less than $500, the individual receiving services and the VR Counselor or Rehabilitation Teacher will complete the DBVI Equipment Agreement/Receipt and Release Form. d. Assistive technology or other equipment DBVI purchased through bulk contract, and for agency or agency employee/contractor use shall be treated as state property and shall not be donated to and individual or group of individuals being served at time of purchase. When the depreciated value reaches $0, it shall be treated as agency surplus (Code of Virginia § 2.2-1124). 99 VR Guidance Document 2024 Chapter 11.5: Occupational Licenses, Tools and Equipment
- Repossessing Assistive Technology and Other Occupational Equipment a. DBVI will repossess assistive technology and other occupational equipment that has not been donated to the individual receiving services when: i. The individual is not using the technology or equipment for training, employment, or to support independent living. ii. Family members or other individuals are using the assistive technology or equipment for their own purposes. iii. The individual is not taking reasonable care of the device or equipment. Lack of reasonable care that potentially leads to repossession includes:
- Multiple missing keys or cracked displays
- Excessive food/liquids spilled causing equipment malfunction
- Damage casing on the assistive technology
- Frayed cords/damaged connectors indicative of excessive pulling in removal
- Damaged ports/slots/drives due to improper insertion due to forcing
- Unauthorized installation of application programs and operating systems
- Presence of non-employment, non-educational, non-independent living related movies, videos, graphics, games or other programs of this nature
- Multiple occurrences of dropped or lost equipment
- Damaged system due to failure to use surge protector 10. Breaking security seals that void warrantees. iv. The individual or group of individuals is no longer eligible to receive DBVI services. v. The individual dies before donation of the assistive technology or occupational equipment. 100 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration Chapter 11.6
Personal Assistance Services
Personal Assistance Services (PAS)
Personal assistance services mean 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: A. 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;
B. Designed to increase the individual's control in life and ability to perform everyday activities on or off the job;
C. Necessary to the achievement of an employment outcome; and D. Provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services. (Per Federal Regulation 34 CFR 361.5(c)(38)).
Daily Living activities include bathing, dressing, toileting, transferring, eating/feeding, preparing meals, housekeeping, doing laundry, managing money, driving or transition, shopping, using the telephone, maintaining the home, functioning in training or education setting subsequent to the receipt of VR services, completing homework associated with VR services, and functioning in the workplace.
- PAS are provided to individuals being served, as appropriate, on an individual basis. PAS are not based on the individual’s participation in the cost of services.
- The VR Counselor and the individual must utilize qualified personnel to provide PAS.
E. PAS is subject to a comparable benefits search. The DBVI VR Counselor must consider and document comparable benefits for PAS before authorizing services.
Comparable benefits must also be pursued at any point they become available after the initiation of the PAS. State Funded PAS are not comparable benefits.
Comparable benefits to be considered throughout the life of the VR case include, but are not limited to, Medicaid Waivers, Companion Services provided through the Department of Social Services, Veterans Benefits, or other community-based options.
F. PAS is a time-limited service and shall only be provided while an individual is participating in VR services. At no time shall PAS services be initiated and 101 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration subsequently provided to an individual who has no access to or funding for PAS after their VR case with DBVI has been closed. The VR Counselor is required to inform individuals of this policy prior to initiating PAS services.
G. PAS is not a stand-alone service and may be provided only when necessary for the individual to access other Vocational Rehabilitation services (Federal Regulation 34 CFR 361.5(38)). At a minimum, guidance and counseling must be included on the individual’s IPE. PAS shall not be authorized while the case is in referral status.
H. An applicant may receive PAS only when needed to access diagnostic services to determine eligibility (and assign priority category when DBVI is on an order of selection).
I. An individual may receive PAS if services are needed to access vocational rehabilitation services under a written plan for Trial Work Experiences.
J. An individual certified eligible for the vocational rehabilitation program may receive PAS if those services are required for the individual to participate in developing the IPE, to participate in VR training, and, to achieve an employment outcome.
K. If an individual’s VR services are interrupted and the individual is unable to participate in those services, PAS shall cease during the interruption. The VR Counselor shall refer the individual to the State Funded PAS program (administered by DARS) for interim PAS services; however, this program maintains a waiting list and serves individuals on a priority basis. PAS assessment is exempt from financial participation policy (Federal Regulation (34
CFR 361.54).
L. To ensure continuity of services, the VR Counselor must provide the VR PAS Coordinator at DARS with an update of the status of the individual quarterly. The VR PAS Coordinator will contact the individual and the VR Counselor on a quarterly basis.
M. The individual receiving PAS must be actively participating in VR services. The VR Counselor and the individual will be in contact with each other on a monthly basis in order for the individual to continue to receive personal assistance through the VR PAS program. The VR Counselor will explain this requirement and take responsibility for making the contact if it is not initiated by the individual receiving services. 102 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration Chapter 11.7
Physical and Mental Restoration Services Physical and mental restoration services mean;
- Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;
- Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;
- Dentistry;
- Nursing services;
- Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;
- Drugs and supplies;
- Prosthetic and orthotic devices;
- Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws;
- Podiatry;
- Physical therapy; 10. Occupational therapy; 11. Speech or hearing therapy; 12. Mental health services; 13. Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; 14. Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and 15. Other medical or medically related rehabilitation services. 103 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration Physical and Mental Restoration Services
Physical or mental restoration services are those medical and medically related services which may, within a reasonable period of time, be expected to remove or substantially reduce/stabilize the disabling effects of an individual’s physical or mental disability.
Physical or mental restoration services are not provided as a sole service; here must be an identifiable need for at least one other substantial vocational rehabilitation service.
Specific individual functional limitations that cause the individual to require physical and mental restoration services must be related directly to the individual's ability to achieve their vocational goal.
A. Physical Restoration Considerations
- Long-Term Medical Issues The VR counselor should appropriately determine through the eligibility determination process if an individual’s chronic, long term medical issues would deem them unable to benefit from VR services. The counselor must utilize Trial Work Experience during the eligibility process prior to closing an individual as too severe too benefit. Should the VR counselor determine eligibility and subsequently it becomes apparent that the individual’s chronic and/or long-term medical issues will not allow them to continue to participate in VR services (i.e., they can no longer benefit from VR services) then the counselor should move to close the case.
Periodic (at least every six months) medical evaluations should be made to determine the seriousness of the individual’s medical conditions should they continue to prevent consistent participation or progress towards employment.
For example: The diabetic who has developed medical complications or is continuously out of control may no longer be able to benefit from vocational rehabilitation services in terms of employment outcome.
- Medical Emergency Vocational rehabilitation cannot accept and pay for services for an individual who is referred as a result of a medical emergency. For VR purposes, a medical emergency is hospitalization, surgery and/or treatment that is provided or scheduled without allowing adequate time to determine eligibility for VR services. Such individuals who are referred may be evaluated by VR if they wish to apply for services.
- Inter-current Illness (Acute Conditions) Vocational Rehabilitation may assume the cost for inter-current illness when an individual is already participating in a training program sponsored by VR.
An inter-current illness is a disease occurring during the course of another 104 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration disease with which it has no connection (e.g., someone with AIDS who develops pneumonia).
If the inter-current illness occurs as a medical emergency during the training program, VR may pay for this service if the counselor approves the payment of this service, and it is properly documented.
- Comparable Benefits Physical or mental restoration services are subject to comparable services and benefits that must be identified, explored, and utilized. The primary medical comparable benefits are: a. Medical - Surgical Insurance When the individual has medical insurance for hospitalization, medical treatments or surgical services, it must be considered and be included in the rehabilitation program for the individual. Insurance coverage under Workmen's Compensation must be considered a primary resource and utilized in any program which requires physical restoration related to the individual's claim. i. Medicaid Prior to authorizing services, the VR counselor should determine if the individual is eligible for Medicaid. If they are, VR will pay only after the allowable hospitalization days under Medicaid are paid for.
VR will not pay any difference (if any) when Medicaid pays a physician less than the allowable surgical fee in the DARS Services Reference Manual.
ii. Medicare The counselor should ascertain the individual's eligibility status for this program. If the individual is eligible, DBVI will only be financially responsible for costs approved by the VR counselor and as established in the DARS Medical Services Manual.
Provision of Physical or Mental Restoration Services A. Physical Restoration Services Licensed medical practitioners must provide these services:
- Eye surgery;
- Medical treatment;
- Psychiatric treatment;
- Surgical treatment;
- Dental treatment;
- Physical and/or occupational therapy;
- Prosthetic or orthotic appliances;
- Drugs and supplies;
- Hospitalization (both inpatient and outpatient care/surgery and clinic services); 105 VR Guidance Document 2024 Chapter 11.7: Physical and Mental Restoration 10. Speech or hearing therapy; 11. Treatment of medical complications, either acute or chronic, which are associated with or arise out of the provision of physical restoration services, or are inherent in the condition under treatment; 12. Eyeglasses after surgery; 13. Other medical or medically related rehabilitation services; and 14. Special nurses (when requested by physician).
B. Guidelines for Services in Physical and Mental Restoration The following services may be provided in certain circumstances described in DBVI policy:
- Individual Consideration Fee (IC)
- Establishment of Medical Fees
- Anesthetization Fee Consultation
- Hospitalization for Treatment
- Medical and Surgical Treatments
- Medication
- Special Nurses 106 VR Guidance Document 2024 Chapter 11.8: Post-Employment Services Chapter 11.8
Post-Employment Services
Post-employment Services (PES)
Post-employment services means service(s) that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Post-employment services may be provided to individuals who need supports in order to maintain/regain or advance in employment after the employment outcome has been achieved, but before the individual is reported as having exited the VR program. Post-employment services are intended to be short-term, discrete services, and do not involve major new services.
Post-Employment services cannot be provided after closing an individual’s case record and reporting the individual as exiting the VR program.
Eligibility for Post-Employment Services
Individuals who have achieved an employment outcome before exiting the VR program may be considered for post-employment services. If the individual is employed and the individual and the counselor anticipate the need for PES, the IPE should be amended to specify the needed post-employment services. The services should be provided until the individual’s case record is closed successfully rehabilitated and the individual is reported as “exited from the VR program”. 107 VR Guidance Document 2024
Chapter 11.9: Transportation Chapter 11.9
Transportation
Transportation means travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems
A. Individuals, and when necessary, individuals providing assistance to the individual being served by VR, may receive sponsorship of transportation and related expenses, including subsistence when the services are required for the individual to participate in activities related to their IPE (such as post-secondary school or training) or to achieve their vocational goal (such as transportation services to a job site for a period of time). Services may include relocation and moving expenses necessary for the individual to achieve their VR goal.
B. The VR counselor may provide transportation to individuals, using the most inexpensive means available, from home to the training facility or school at the beginning of training, at the completion of training, and for holiday periods. However, additional travel to the individual’s home and back during the period they are at school, or a training facility can be approved by the VR counselor as justified (e.g., individual needs to attend to family and/or personal business needs). Transportation can be provided to individuals who are participating in VR training and who reside at home.
C. Transportation is subject to financial participation determination, except when necessary for the individual to participate in diagnostic or assessment services. 108 VR Guidance Document 2024 Chapter 11.10: Reader, Rehab. Tchng, and Orient. & Mobility Services Chapter 11.10
Reader Services, Rehabilitation Teaching Services and Orientation and Mobility Services A. Reader Services, Rehabilitation Teaching Services, and Orientation and Mobility Services
- Individuals may receive reader services, rehabilitation teaching services, and orientation and mobility services when the individual requires the services in order to participate in vocational rehabilitation services. These specialized services may be provided at any stage of the rehabilitation process.
- Financial participation is not required for reader services, rehabilitation teaching instruction, and orientation and mobility instruction.
- Financial participation is not required for the purchase of adaptive aids and devices that may be recommended while the individual is receiving rehabilitation teaching and orientation and mobility services.
- DBVI will not pay the individual’s family members for providing reading service.
- The VR counselor will use the DBVI allowable fee for reader service when the service is purchased by VR. 109 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services Chapter 12
Transition and Pre-Employment Transition Services
Transition Services The Workforce Innovation and Opportunity Act (WIOA) places heightened emphasis on the provision of services to students and youth with disabilities to ensure that they have meaningful opportunities to receive the training and other services they need to achieve employment outcomes in competitive integrated employment. WIOA expands not only the population of students and youth with disabilities who may receive services but also the kinds of services that the VR agency may provide to youth and students with disabilities who are transitioning from school to postsecondary education and employment. The expansion of the population to be served within the transition from school to employment includes clearly defined terms of a “student with a disability” and “youth with a disability” and requirements related to pre-employment transition services and the provision of transition services to students and youth with disabilities.
With the addition of these pre-employment transition services, the expectation is that the VR agency will provide a continuum of VR services, especially for students and youths with disabilities. In addition, the VR agency may provide transition services within a group setting of students and youth with disabilities, regardless of whether they have applied for or been determined eligible for services. If either a student or youth with a disability requires more intensive services, he or she would apply for VR services.
Once determined eligible, an individualized plan for employment would be developed, which would outline the specific services that he or she may need in order to achieve an employment outcome. In sum, the VR program provides a range of services, from most basic to the most individualized and intensive service, thereby meeting the evolving needs of a student or a youth with a disability who is transitioning from school to post-school life.
Pre-Employment Transition Services versus Transition Services
Vocational rehabilitation services to students and youth with disabilities are provided on a continuum, with pre-employment transition services being the earliest set of services available to students with disabilities. Pre-employment transition services, authorized by section 113 of the Act, as amended by WIOA, and implemented by final 34 CFR 361.48(a), are designed to help students with disabilities to begin to identify career interests that will be further explored through additional vocational rehabilitation services, such as transition services. Pre-employment transition services are only those services and activities listed in section 113 of the Act, as amended by WIOA, and final 34 CFR 361.48(a). Job placement assistance is not included among the listed pre-110 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services employment transition services, but it could constitute a transition service under section 103(a)(15) of the Act and final 34 CFR 361.48(b). Pre-employment transition services are available only to students with disabilities, whereas transition services may be provided to a broader population--both students and youth with disabilities.
Transition Services
Transition services means a coordinated set of activities for students and youth with disabilities designed within an outcome-oriented process promoting movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student’s needs, considering the student’s preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student’s Individualized Plan for Employment (IPE) and includes outreach to and engagement of parents or, as appropriate, the representatives of students or youth with disabilities. (34 CFR 361.5 (c)(55)) Following the continuum, transition services represent the next set of vocational rehabilitation services available to students and youth with disabilities. They are outcome-oriented and promote movement from school to post-school activities, including postsecondary education, vocational training, and competitive integrated employment. As such, transition services may include job-related services, such as job search and placement assistance, job retention services, follow-up services, and follow-along services, based on the needs of the individual.
Individualized transition services under section 103(a)(15) of the Act and final 34 § 361.48(b) must be provided to students and youth who have been determined eligible for the VR program and in accordance with an approved individualized plan for employment. Transition services also may be provided in group settings to students and youth with disabilities under section 103(b)(7) of the Act, as amended by WIOA, and final 34 § 361.49(a)(7). Although these group services are not individualized, they can still be beneficial for job exploration, including presentations from employers in the community and group mentoring activities.
Students and youth with disabilities who are receiving services under section 504 who do not have individualized education programs under the IDEA can also be provided transition services by DBVI.
Definitions of student and youth with disability
Student with a Disability means an individual with a disability who: ● Is still enrolled in secondary or enrolled in educational programs outside secondary school, including post-secondary education programs and has not exited, graduated or withdrawn; 111 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services ● Is at least 14 years old but less than 22; or is still receiving services under the Individuals with Disabilities Education Act and is not older than the maximum age established by the Virginia Department of Education; and ● And has a disability (i.e. receives services under an IEP or 504 Plan; or has a disability for purposes of section 504, or is otherwise determined to be an individual with a disability)
Youth with a Disability means individual with a disability who: ● is not younger than 14 years of age; and ● is not older than 24 years of age.
Transition Services
The DBVI VR program serves eligible transition aged students and youth aged 14 and older and their families by providing an array of VR services that gives students and youth the tools necessary to prepare for, secure, retain, or regain employment consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Coordination of services is a critical component of transition services; DBVI collaborates with students, their families, and local education officials to facilitate the eligible student’s transition from the secondary educational setting to the receipt of VR services leading ultimately to employment.
Transition services refers both those services provided to students and youth who have been identified as potentially eligible and interested in VR services as well as services for those individuals who have already been determined eligible for VR services.
Transition services could include:
- Attending Individualized Education Program (IEP) and transition planning meetings for students and youth in school and other recognized educational programs such as psychiatric residential treatment facilities (PRTFs)
- Providing appropriate outreach and information regarding DBVI VR services to students and youth (or their representative, as appropriate), families, school counselors and transition coordinators
- Meeting with transition age students and parents to provide support, resources, counseling and other necessary services to assist with acceptance or adjustment to their disability
- Provide information and resources regarding potential work experiences
- Coordinating services (both individually and within groups) to assist the students and youth and their families with general information regarding DBVI VR services, career planning, post-secondary options, labor market information, employer needs, etc.
- Participating in regional outreach activities to increase job opportunities by promoting the abilities and capabilities of the individuals who are blind, vision impaired, and deafblind. 112 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services
- Providing information, coordinator and assistance with referral for DBVI VR services as well as referral to other programs or agencies as appropriate for the student or youth
- Providing the student and youth and their family with information regarding service options (such as customized and supported employment) as well as the provision of career counseling and guidance related to sub-minimum wage employment and non-integrated employment settings
- Gathering necessary documentation for the provision of pre-employment transition services and/or for application/eligibility for VR services 10. Providing and/or coordinating pre-employment transition services 11. For students and youth with disabilities who have been determined eligible and are under an IPE, those VR services that have been determined to be necessary to achieve the vocational goal.
Pre-Employment Transition Services
As previously noted, WIOA places heightened emphasis on services to students and youth with disabilities. As such, WIOA requires the VR agency to reserve at least 15 percent of their Federal allotment to provide and arrange for, in coordination with local educational agencies, the provision of pre-employment transition services to students with disabilities
Pre-employment transition services are designed to help students with disabilities to begin to identify career interests that will be further explored through additional vocational rehabilitation services, such as transition services. Pre-employment transition services are available only to students with disabilities, whereas transition services may be provided to a broader population—both students and youth with disabilities. (Per 34 CFR 361.48(a))
Additionally, some students with a disability may have graduated from their secondary education program, have been admitted or accepted into a post-secondary education program but have their start date delayed or deferred for various reasons creating a "gap year or semester". The length of time of the gap is not an issue. However, the VR counselor should ensure the individual continues to meet the definition of a student with a disability since they could potentially reach age 22 during the gap period.
In providing pre-employment transition services, the VR agency may consider providing these services to students with disabilities in group settings or on an individual basis.
When provided in group settings, these services are more general in nature and are as individually customized to an individual student’s disability-related or vocational needs.
DBVI can provide pre-employment transition services to any student who is blind, vision impaired, or deafblind who needs these services, regardless of whether the student has applied for or been determined eligible for VR services (i.e., students who are eligible for VR services and those who are potentially eligible). These services can be provided to individuals or within a group setting. If it is determined that the student with a 113 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services disability requires more intensive services (i.e., services that are beyond the limited scope of pre-employment transition services), the student would have to apply for and be determined eligible for VR services and develop an individualized plan for employment for the receipt of those services as would be true for any other applicant.
Potentially eligible means, for purposes of pre-employment transition services, all students with disabilities, regardless of whether they have applied for or been determined eligible for the VR program.
Pre-Employment Transition Services (Required Services)
Pre-employment transition services available to eligible or potentially eligible students with disabilities include:
- Job exploration counseling
- Work-based learning experiences, which may include in-school or after school opportunities or experience outside the traditional school setting (including paid work experiences) that is provided in an integrated environment 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; and
- Instruction in self-advocacy, which may include peer mentoring.
Pre-Employment Transition Services (Coordination)
The following are coordination pre-employment transition services available to students with disabilities, including those who have been determined eligible for VR services as well as those who are potentially eligible.
- Attending individualized education program meetings for students with disabilities, 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, including those carrying out activities under section 614(d) of the IDEA, to coordinate and ensure the provision of pre-employment transition services;
- When invited, attending person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
Pre-Employment Transition Services (Authorized Activities) 114 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services If funds are available and remaining after the provision of the required activities (from the 15% required reserve allotment for pre-employment transition services), authorized services may be provided, arranged or coordinated by the VR counselor to improve the transition of students with disabilities from school to postsecondary education or an employment outcome by:
- 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 postsecondary educational experiences, and obtain and retain competitive integrated employment;
- Providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
- Disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;
- Coordinating activities with transition services provided by local educational agencies under the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.);
- Applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;
- Developing model transition demonstration projects;
- Establishing or supporting multistate or regional partnerships involving states, local educational agencies, designated state units, developmental disabilities agencies, private businesses, or other participants to achieve the goal of this section; and
- Disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally un-served populations.
Pre-Employment Transition Services (Setting in which services are provided)
Students with disabilities may receive these services in a variety of settings, including classroom, employment, and community-based settings. However, services should be provided in integrated settings to the maximum extent possible to best prepare students and youth with disabilities for competitive integrated employment.
Role of the VR Counselor – Pre-Employment Transition Services 115 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services The VR counselor is responsible for providing or coordinating pre-employment transition services for students with disabilities. This would include:
Working with assigned school systems (transition coordinators, teachers, etc.) to identify students with disabilities who are potentially eligible and students with disabilities who have applied or are VR eligible for whom pre-employment transition services may be appropriate; attending individualized education program meetings for students with disabilities, when invited;
Ensuring appropriate documentation has been provided to the VR counselor from school personnel identifying that the individual is a student with a disability; documenting within AWARE as required (see documentation section at end of this chapter);
Assessment of the individual needs of students with disabilities in order to determine the scope of pre-employment transition services, to include any specific accommodation needs of the students to be served;
Work with assigned schools in the development of pre-employment transition services curriculum, career exploration and development tools, community partners, etc. for the provision of pre-employment transition services;
Working with the local workforce development boards, DBVI Business Relations Specialists, one-stop centers, and employers to develop work opportunities for students with disabilities, including paid and unpaid work experiences, summer employment and other employment opportunities available throughout the year, and apprenticeships;
Consultation, staffing of cases of students with disabilities and overall case coordination with vendors who have been contracted to provide pre-employment transition services. Monitoring of those services being provided through meetings with students, parents, vendor, school personnel, receipt of progress reports, etc.;
Work with assigned schools to for the provision of pre-employment transition services to students with disabilities, both individually and within group settings;
Documenting in AWARE the provision of pre-employment transition services (see documentation section at end of this chapter);
When invited, attend person-centered planning meetings for individuals receiving Social Security benefits. 116 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services Access to Pre-Employment Transition Services Auxiliary aids and services (including assessment for such aids or services) needed by a student with a disability (served under an IPE or as potentially eligible) to access or participate in pre-employment transition services constitute allowable pre-employment transition services expenditures and, therefore, may be paid with the funds reserved for that purpose.
DBVI must ensure that no qualified individual with a disability is excluded from participation in or be denied the benefits of services, programs, or activities on the basis of the individual’s disability (section 12132 of the ADA and section 504(a) of the Rehabilitation Act). Therefore, if a student with a disability requires an auxiliary aid or service to access or participate in any of the pre-employment transition services specified in 34 CFR 361.48(a)(2) of its implementing regulations (listed above), the VR agency must pay for such costs if no other public entity is required to provide such aid or service.
The ADA’s title II implementing regulations define “auxiliary aids and services” in 28 CFR 35.104 as follows: Auxiliary aids and services include: (1) Qualified interpreters (including foreign language 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, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; 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; (2) Qualified readers; taped texts; audio recordings; Brailed materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions.
If a student with a disability requires certain VR services not constituting pre-employment transition services or auxiliary aids but are necessary for a student to access or participate in pre-employment transition services, the VR counselor must determine whether or not the student meets the eligibility criteria for VR services and, if 117 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services so, must develop an individualized plan for employment (IPE) in order to provide those additional services. These necessary services may be paid with funds reserved for the provision of pre-employment transition services and are listed below.
- Assessment Services
- Counseling and Guidance
- Referral Services
- Maintenance
- Transportation
- Personal Assistance Services
- Rehabilitation Teaching & Orientation and Mobility Services
- Rehabilitation Technology
- Family Services
- Coaching Services
Referral Process for Students and Youth with Disabilities
An individual may initiate the application process by requesting individualized pre-employment transition services and other VR services. Referrals for students and youth aged 14 and older may come from any source.
Application for VR Services A student or a youth is considered to have submitted an application for VR services when the student or youth, or the individual's representative, as appropriate, has: (Per 34 CFR 361.41(b)(2))
- Completed and signed an agency application form, submitted a common intake application form in a One-Stop center requesting vocational rehabilitation services; or otherwise requested VR services from DBVI;
- Provided to DBVI information necessary to initiate an assessment to determine eligibility and priority for services; and
- Is available to complete the assessment process.
Eligibility Determination
The eligibility criteria and determination process for students in transition is the same as any other individual (See Chapter 4, Eligibility).
IPE Development and Service Provision 118 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services For students and youth with disabilities who are under an Individualized Education Program (IEP) the VR counselor should review the individual’s IEP to ensure IEP transition goals and services related to school to post-secondary goals are contained within the IPE. Both DBVI planned services as well as school provided services that are necessary to achieve the vocational goal should be included on the IPE.
Per 34 CFR 361.46(a)(1), the individualized plan for employment should be consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, career interest, and informed choice consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student or a youth with a disability, the description may be a description of the individual’s projected post-school employment outcome).
The plan for employment with a projected post-school employment outcome should include the specific transition services and supports needed to achieve the student’s employment outcome or projected post school employment outcome. As such, the plan should outline the services and activities that will guide the individual’s career exploration. The projected post-school employment outcome facilitates the individual’s exploration and identification of a vocational goal based upon his or her informed choice. The projected goal may be amended during the career development process, and eventually it must be revised to a specific vocational goal once this process is completed.
Federal regulations (34 CFR 361.22(a)(2) and 34 CFR 361.45(e)) require that development and approval of an IPE must be completed as early as possible during the transition process (within 90 days of eligibility determination) or by the time each student or youth determined to be eligible for vocational rehabilitation services leaves the school setting (if that’s less than 90 days) or, if DBVI is operating under an order of selection, before each eligible student able to be served under the order leaves the school setting.
The IPE for students and youth with a disability who are receiving education services shall be developed in consideration of the student’s Individualized Education Plan (IEP) and in accordance with the plans, policies, procedures, and terms of the interagency agreement between DBVI and the state Department of Education designed to facilitate the transition of students who are blind or vision impaired from school to the receipt of vocational rehabilitation services (34 CFR 361.45 (d)(9)) VR counselors, students, parents, and local education authorities will work collaboratively to ensure that the student’s vocational and educational goals are consistent. The VR counselor has the primary responsibility of obtaining a copy of the IEP from the student’s parents and/or the school system.
Assistive Technology
Students and youth with disabilities for whom assistive technology has been identified as necessary for them to participate in post-secondary vocational training, education or in employment will need to have the assistive technology provided prior to graduation in order that they have enough time to become proficient in the use of the assistive 119 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services technology prior to the commencement of the training or school or prior to beginning employment.
Supported Employment, Extended Services and Youths with Disabilities
Transition aged students and youth who meet the criteria for supported employment (SE) services may receive these services in the final semester of their Individual Educational Program (IEP).
The definition of “extended services” in final 34 §361.5(c)(19)(v) specifies that VR agencies may provide extended services only to “youth with the most significant disabilities” for a period not to exceed four years or until such time as a youth reaches the age of 25 and no longer meets the definition of a “youth with a disability.
Extended services mean ongoing support services and other appropriate services that are— (i) Needed to support and maintain an individual with a most significant disability including a youth with a most significant disability, in supported employment; (ii) Organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment; (iii) Based on the needs of an eligible individual, as specified in an individualized plan for employment; (iv) Provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made the transition from support from the designated State unit; and (v) Provided to a youth with a most significant disability by the designated State unit in accordance with requirements set forth in this part and part 363 for a period not to exceed four years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability under paragraph (c)(58) of this section, whichever occurs first. The designated State unit may not provide extended services to an individual with a most significant disability who is not a youth with a most significant disability.
In no case may the VR counselor provide more than four years of extended services.
Also, once a youth with the most significant disabilities reaches 25 years of age, he or she no longer meets the definition of “youth with a disability” in 34 CFR 361.5(c)(58), and the VR counselor must discontinue funding extended services and prior to that point the counselor must identify another source of extended services to ensure that there will be no interruption of service.
Scope of Services provided (VR and School)
The VR counselor may provide pre-employment transition services to all eligible students with disabilities and those who are potentially eligible. Additionally, students and youths with disabilities may be provided necessary transition services, including 120 VR Guidance Document 2024 Chapter 12: Transition and Pre-Employment Transition Services those services under an Individualized Plan for Employment necessary to achieve the vocational goal.
Informed Choice for potentially eligible students with disabilities Potentially eligible students who are receiving pre-employment transition services but who have not applied for VR services, or who are in the process of applying, under 34 CFR 361.48(a) must be given the opportunity to exercise their informed choice.
Pre-Employment Transition Services and Order of Selection
All students and youth with disabilities who apply for vocational rehabilitation services, even if they are still receiving pre-employment transition services, will be subject to all relevant requirements for eligibility, order of selection, and development of the individualized plan for employment (including its development prior to leaving school). That is, if a student is determined eligible for VR services and assigned to a closed category the VR counselor could not develop an IPE for that student.
Transition services for groups to students and youth can be provided even if an individual receiving services within the group has been determined eligible and assigned to a closed priority category (per 34 CFR 361.49(a)(7). These services should be basic generalized services (i.e., group tours of universities and vocational training programs, employer or business site visits to learn about career opportunities, career fairs coordinated with workforce development and employers to facilitate mock interviews and resume writing, and other general services).
Per 34 CFR 361.36(e)(3), if a student with a disability is determined eligible for VR services and under OOS their assigned priority category is closed, pre-employment transition services may continue if any or all of the five required services had begun. Specifically, the student is eligible to continue to receive the pre-employment transition service (or services) that had begun, and the VR counselor may also initiate any of the other five required services even if the service is initiated after the student has been placed in the closed category. The VR counselor cannot provide any other vocational rehabilitation services for those students assigned to closed priority categories.
Should a student with a disability who is receiving pre-employment transition services no longer meet that definition (i.e., age out, leave school, etc.) and if they have been determined eligible and have been assigned to a closed category than pre-employment transition services should be discontinued. No other vocational rehabilitation services can be provided until their category becomes open to be served. 121 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start Chapter 13
Job Ready and Employment Start
Placement
Job Ready When an individual has been prepared for employment and is ready to pursue employment, the individual’s case is placed in Job Ready Status (Service-J).
Individuals should be placed into Service-J regardless of the placement related services they may be receiving.
Placement Process Counseling services are a vital part of the process with focus directly on employment.
This process begins with the determination of eligibility certifying that there’s a reasonable expectation that the individual can achieve competitive integrated employment in one of the following areas listed below:
- Enter the competitive integrated labor market;
- Practice a profession;
- Enter self-employment;
- Perform farm or family work;
- Operate a home industry or perform other gainful homebound work (assuming the telecommuting opportunity is determined to be competitive, integrated employment);
- Virginia Enterprise for the Blind Program (VEB);
- Supported employment; and
- Customized employment The process continues with a thorough diagnostic study from which a suitable vocational objective is selected in concert with the individual. The IPE identifies those services to enhance the possibility of the individual finding work in the selected vocation. It culminates when the case is placed in Employed Status.
The VR Counselor's Role Once eligibility for VR services is determined, the VR counselor, in concert with the individual being served and involving the informed choice process, develops with the individual an appropriate vocational goal, and arranges for required services. While placement resources are available to the VR counselor in order to assist the individual with job placement, the VR counselor still assumes ultimate responsibility for the placement of the individual in an appropriate work setting.
A successful placement results when the individual, the VR counselor and other workforce development staff (including the Business Relations Specialist, SE or customized employment provider, etc.) work jointly to develop an effective placement 122 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start plan. Other professionals can equally play a substantial and important role in such a plan. For example, Orientation and Mobility, Low Vision, and Rehabilitation Technology staff can play a critical role in the placement process.
The VR counselor should also proactively monitor the results of the job placement process such that the placement plan is regularly reviewed and modified as events require.
Business Relations Specialist Role The Business Relations Services Specialist assigned to support the VR counselor should play an integral role in the placement process. While not all individuals will require the services of the Business Relations Specialist (and others will require SE services), the VR counselor should incorporate the Business Relations Specialist into planning as frequently as possible for individuals who have been deemed to be job ready. A routine staffing process, to discuss potential referrals as well as current shared cases, best insures the development of an effective plan for placement services.
The plan should clarify the role and expectations of the Business Relations Specialist, the individual being served and the VR counselor. For more information regarding the Business Relations Unit, see the chapter on Agency Services.
Job Placement Services Job development consists of communicating and negotiating with a variety of community resources and employers relating to increasing opportunities for employment of individuals with disabilities. Job development is the responsibility of everyone involved, including the individual being served. Development activities may be targeted for a specific individual or may be broader/generic business development.
Among activities that may be carried out are: a. Study and interpretation of local employment trends (Labor Market Information); b. Collaboration with partners in the local one-stops; c. Assistance with and consultation to insure accessibility and access to transportation; d. Assistance with affirmative action programs and projects; e. Maintaining contact with personnel officials (public and private concerns) in order to create interest in employment of individuals served by this department; f. Touring local facilities of employers, when possible, to determine types of jobs available and knowledge, skills and abilities required by the jobs; g. Consultation with private personnel firms/staffing agencies in regard to provision of no cost placement services for selected individuals; h. Development of possible sites for on-the-job training programs, paid and/or Unpaid Work Experiences; i. Utilization of organizations that are interested in and provide assistance in job placement; j. Providing awareness training on blindness, DeafBlindness and vision impairment to employers and other community organizations; 123 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start k. Consultation with and assistance to employers on the Americans with Disabilities Act (ADA); and l. Providing consultation with employers on rehabilitation technology services as well as assistive technology, low vision aids and adaptive equipment.
Job-Seeking Activities When the individual is determined to be job ready, in addition to job development and placement activities the ability of the individual to have an effective resume, to complete employment applications, to actively engage in job search efforts and to effectively interview are all necessary skills. The VR counselor should assess with the individual their strengths and needs in the job seeking area and develop an appropriate plan to ensure the following activities are addressed: a. Preparation of an effective resume; b. Completing employer applications; c. Personal interviewing; d. Determination of the focus of the job search (geographic, full-time/part-time, etc.); e. Sharing of job information; f. How to handle employer objections or concerns; g. The individual’s expectations concerning wages; h. Discussion of benefits and unions; i. How the individual will handle transportation; j. Explanation of gaps in employment; k. Ability to discuss possible accommodations/disability concerns; and l. Any other considerations unique to the individual seeking employment Employer Contacts and Surveys The VR counselor, the individual being served, and the Business Relations Specialist should all plan to make regular contact with potential employers to assist the individual in their placement process. Additional business development or marketing activities can be made by the VR counselor, the Business Relations Specialist and other DBVI staff to: a. Educate employers regarding services available to them from DBVI; b. Establish an initial contact to explain and market the VR program; c. Arrange for tours of the business; d. Assess potential job openings; e. Follow up with employers on individuals already placed; and f. Follow-up on information obtained from job analyses.
Rehabilitation Technology Services Rehabilitation technology means the systematic application of technologies to help individuals with disabilities overcome barriers in education, rehabilitation and employment. These services are to assess potential for adaptive equipment, assistive technology or architectural or other changes at the job site. These may be designed and developed as appropriate. Suggested sources are: a. DBVI rehabilitation technology specialists; 124 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start b. DBVI staff with appropriate expertise; c. VRCBI; d. WWRC; and e. DARS regional rehabilitation engineers.
Specialized Equipment Arrangement for special equipment, CCTVs, talking calculators, adaptive computer equipment, etc., may enhance the individual’s success in training or on the job.
Individual’s Participation in Job Placement The counselor and individual being served should actively participate in the job search and placement activities. Informed choice is a critical component of the job development and placement process if it is to be successful. The jointly developed placement activities must be recorded on the IPE. The job search activities that could be listed on the IPE might include some or all of the following, when appropriate, but would not have to be limited to: a. Referral to the Business Relations Specialist; b. Registering with the Virginia Employment Commission; c. Participating in job search activities at the local one-stop; d. Developing job resume; e. Participating in job-seeking skills training session; f. Completing and distributing job application(s); g. Acquiring appropriate certification or licensing necessary for the job being sought; h. Participating in OJT, paid and/or Unpaid Work Experience; i. Utilizing placement services of colleges, universities and other training programs; and j. Participate in job informational interviews or job shadowing opportunities.
Other Placement Options
- Employment - Community Rehabilitation Programs Employment in a setting that is not a competitive, integrated setting is not an allowable successful outcome.
- Self-Employment Enterprise An individual who is able to successfully develop and maintain a business (self-employment) is considered to have achieved a successful employment outcome and can be successfully closed as having achieved competitive integrated employment. See the Agency Services chapter for more information regarding Self-Employment Enterprises.
- Supported Employment (SE) SE is a rehabilitation option designed to maximize the employment opportunities for individuals with the most severe disabilities who have traditionally been excluded from participating in integrated competitive 125 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start employment situations. See the chapter on Supported Employment and Customized Employment.
- Schedule A - Appointments to Federal Agencies Schedule A is a non-competitive hiring process for individuals with significant disabilities. It’s designed to be used as an alternative route to federal service for individuals with disabilities who would face substantial barriers to employment through the regular competitive examining process. For more information regarding Schedule A, see the section on Business Relations in the Agency Services chapter.
Provision of Services
The following services can be provided in Job Ready status (Service-J). A determination of financial participation is required when VR funds are provided in items 7-11.
- Counseling and guidance;
- Diagnostic services;
- Interpreter services for the deafblind;
- Translator services;
- Rehabilitation technology assessment;
- Adaptive equipment that is necessary for the individual to be able to perform the job;
- Maintenance;
- Occupational licenses;
- Services to family members; 10. Tools and equipment (other than AT or adaptive equipment, including low vision aids); 11. Transportation; 12. Rehabilitation technology services; and 13. Other goods and services.
Employment Start (Employed Status) and Job Follow-Up A. Employment Start (Employed Status) Employment Start occurs when an individual has received VR services and has entered into employment. Individuals in Employed Status may continue to receive VR services as appropriate (e.g., transportation or maintenance B. VR Counselor's Role
- Suitable Employment The counselor is expected to maintain contact with the individual on the job to determine if the employment is suitable and make the determination using the following criteria: a. The individual and the employer are each satisfied; b. The individual is developing and maintaining productive and professional relationships; c. The job is consistent with the individual’s vocational goal; 126 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start d. The individual possesses acceptable skills to perform work satisfactorily; and e. The employment and working conditions will not aggravate the individual’s disability or jeopardize the health or safety of the individual.
- Employment outside of Vocational Goal Should an individual become employed in a position outside of their employment goal, they should only be placed in Employed status if the individual indicates a desire or willingness to modify their IPE goal to be consistent with their current employment. In that case the IPE goal should be changed to reflect the new goal and they would be placed in employed status (IPE amendment). However, if the individual becomes employed (or is applying for services while already employed) but they are clear that they still want to pursue their IPE goal it would be inappropriate to place them in Employed status since their current employment is not intended to be one, they would be closed in.
- Employment Concerns In some circumstances the individual may accept employment and choose to remain on that job which, from the VR counselor’s perspective, is not a good fit. Or they may become employed in a position that is temporary in nature. While it’s the individual’s right to accept and maintain employment in these situations, the VR counselor should engage the individual in a guidance and counseling session in order to raise their concerns but also to listen to the individual’s perspective regarding the employment.
- Follow-up Services (Job Retention) Vocational rehabilitation counselors are required to provide regular follow-up contacts with individuals placed in employment and document pertinent information in AWARE Case Notes. Assuming a relationship exists with the individual’s employer (and with the individual’s permission) the counselor should maintain contact with the employer as well as the individual to ensure the employment is continuing to be satisfactory.
During this period, the VR counselor should be providing both support to the individual as well as to the employer should the need arise. Job retention services can include the introduction of rehabilitation technology services, job accommodations, training and supervision for the position and any other necessary guidance and counseling services the individual requires.
The Business Relations Specialist or the SE Employment Services Specialist will often have the primary relationship with the employer and as such the communication for the VR counselor with the employer may be through those individuals. 127 Policy Issued May 27, 2022 Chapter 13: Job Ready and Employment Start Services Provision of Services The following services can be provided in Employment Start (Employed Status). A determination of financial participation is required when VR funds are provided in items seven through eleven.
- Counseling and guidance after placement;
- Diagnostic services;
- Interpreter services for the deafblind;
- Translator services;
- Rehabilitation technology assessment;
- Adaptive equipment that is necessary for the individual to be able to perform the job;
- Maintenance;
- Occupational licenses;
- Services to family members; 10. Tools and equipment (other than AT or adaptive equipment); 11. Transportation; 12. Rehabilitation technology services; and 13. Other goods and services as required to maintain employment 128 Policy Issued May 27, 2022
Chapter 14: Case Closure Chapter 14
Case Closure
34 CFR 361.56 Requirements for closing the record of services of an individual who has achieved an employment outcome.
Note: Prior to case closure (for any reason), the VR counselor must ensure that the individual being served is provided with informed choice regarding their appeal rights.
Please see the chapter on Appeals in the VR manual for more information.
The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:
- Employment outcome achieved. The individual has achieved the employment outcome that is described in the individual's IPE in accordance with 34 CFR 361.46(a)(1) and is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
- Employment outcome maintained. The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services.
- Satisfactory outcome. At the end of the appropriate period under paragraph (b) of this section, the individual and the qualified rehabilitation counselor employed by the designated State unit consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.
- Post-employment services. The individual is informed through appropriate modes of communication of the availability of post-employment services that can be provided, if necessary, prior to case closure.
Case Closure Under federal guidelines, an individual receiving vocational rehabilitation services can have one of two outcomes, "Rehabilitated" or "Other than Rehabilitated." The individual being served must have a minimum of 90 days of continuous employment in order to have their VR case closed as "Rehabilitated."
Case Closure - Rehabilitated
In order to close a case as Rehabilitated, the following conditions must be met:
- The individual is employed (part-time or full-time) in competitive integrated employment (see definition below); 129 Policy Issued May 27, 2022
Chapter 14: Case Closure
- The employment outcome is consistent with the individual’s IPE and consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, and in the most integrated setting possible, consistent with the individual’s informed choice;
- The employment outcome is maintained for a minimum of 90 days to ensure the stability of the employment outcome and the individual no longer needs VR services (individual has been in Employed status for a minimum of 90 days);
- For individuals receiving supported employment services, they have been in Employed status for at a minimum of 90 days following the point at which stability was achieved (not 90 days from the day they became employed);
- The individual and the VR counselor consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.
- Documentation that the VR services provided under the individual's IPE contributed to the achievement of the employment outcome (per 34 CFR 361.47).
- The individual is informed of the opportunity for post-employment services that may be provided prior to case closure.
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; a. 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; b. 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 c. 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
- Is eligible for the level of benefits provided to other employees; and a. Is at a location; i.
Typically found in the community; and ii.
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 130 Policy Issued May 27, 2022
Chapter 14: Case Closure 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
- 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.
Employment outcome means, with respect to an individual, entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment (including customized employment, self-employment, telecommuting, or business ownership), or supported employment, that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice
Case Closure Process (Closed-Rehabilitated)
In order to ensure that the above criteria for Closed-Rehabilitated are met and that the VR counselor and the individual agree (employed 90 days or longer, employment is satisfactory, etc.), the VR counselor must contact the individual no more than 10 days prior to closing the case. Contact must be personal with the individual; i.e., face to face, phone call, email or text, etc. (per 34 CFR 361.56).
Post-employment Services (PES)
Prior to successful closure, the VR counselor must determine with the individual the need for any post-employment services.
Post-employment services are vocational rehabilitation services provided to individuals who need such services in order to maintain/regain or advance in employment after the employment outcome has been achieved, but before the individual is reported as having exited the VR program.
If post-employment services are required, the case should not be closed until the services have been provided.
Self-Employment Enterprise Case Closure
Once the self-employment enterprise has been approved, the VR counselor should work with the individual to ensure the IPE SEE goods and services are authorized and purchased. Goods and services received under SEE are subject to DBVI’s financial participation policies. The individual should be placed in Job Ready status once the business has been initiated for a minimum of six months. This allows for a 131 Policy Issued May 27, 2022
Chapter 14: Case Closure comprehensive follow-up program which will enable more supervision, periodic inspection of the business, inspection of records, and an annual inventory inspection, which is the responsibility of the VR counselor.
Prior to closing an SEE case as Closed-Rehabilitated, the VR counselor should consider the following criteria:
VR services under the IPE contributed to the achievement of the SEE employment outcome
The individual and the VR counselor consider the employment outcome to be satisfactory and agree that the individual is performing well in the business.
The self-employment business has sustained operations throughout the period in Job Ready status (minimum of 6 months) without additional support from VR. And the individual is able to put money back into the business to maintain ongoing business expenses.
The SEE has resulted in a decrease in public benefits (e.g., SSI, TANF, food stamps, HUD, Medicaid).
The business generates enough income to eliminate SSDI; therefore, the business is obviously successful and producing a livable wage.
The individual’s business makes a net profit or has significant gross income illustrating strong sales and profit potential over time.
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
Case Closure – Other Than Rehabilitated
Individuals who do not meet the criteria for Closed-Rehabilitated and have their case closed must be closed as “Closed–Other Than Rehabilitated” (Closed-Other). In some situations, case closure may be self-evident (individual requests case closed; moves out of state; becomes institutionalized, etc.). However, in other cases the VR counselor should make every effort to seek out ways in which the individual can continue with VR services. This may involve staffing the case with other counselors or the Regional Manager, exploring services that have not been considered (such as supported employment), meeting with the individual and their family or representative to clarify expectations of participating in the VR program or to address any concerns or questions. Multiple efforts should be made to locate individuals where contact has been lost.
Should the decision be made to close the case as Closed-Other, the VR counselor is responsible for sending the VR Notice of Case Closure (for individuals who were determined eligible for VR services) or the VR Notice of Ineligibility letter (for individuals who are being closed from applicant status) to the individual at case closure. Per the letter, the individual has 30 days in which to contact the VR counselor for consultation if they disagree with the case closure. The letter also provides the individual with their appeal rights (see chapter on Appeals for more information). 132 Policy Issued May 27, 2022
Chapter 14: Case Closure If the individual does contact the VR counselor within the 30 days, the VR counselor must schedule to meet with the individual along with their representative (as appropriate) to review the decision to close the case. This meeting may be face to face or can be via phone, video conference, etc. The VR counselor should use this opportunity to explain their rationale for closing the case, to listen to any questions or concerns on the part of the individual (or their family and/or representative), and to carefully consider if there is a rationale for continuing services versus closing the case (e.g., individual indicates they recognize their lack of participation and agree to participate more fully with a review in 30 days). While the VR counselor is required to offer the individual an opportunity to consult regarding the decision to close the case, the VR counselor does not need agreement on the part of the individual prior to case closure if closing the case as “Other”. That is, the VR counselor may determine it’s appropriate to close the individual’s case regardless of the individual’s participation in the consultation.
Individuals who are employed at case closure but do not meet the criteria for Closed– Rehabilitated must be closed as Closed – Other. Employed individuals who must be closed as Closed-Other:
- The individual is not working in competitive integrated employment;
- The individual is employed in competitive integrated employment, but employment is; a. Not satisfactory (VR counselor and individual do not agree); or b. The employment is not consistent with the individual’s IPE vocational goal and their IPE has not been amended; or c. The individual has not been employed for a minimum of 90 days; or d. The employment is not stable; or e. The individual still requires VR services (other than PES)
- There is no documentation that VR services contributed to the achievement of the employment goal;
Closed-Other
Application Status
It is not permissible to close an individual’s case as Closed-Other from Application Status due to the significance of the disability (disability is too severe) unless the VR Counselor has determined with clear and convincing evidence through Trial Work Experiences that the individual cannot benefit from vocational rehabilitation services in terms of an employment outcome.
However, where the question of severity of disability is not in question, an individual’s case can be closed “Other” from application status in the following situations. The VR Counselor must provide clear documentation as to the justification for the decision, 133 Policy Issued May 27, 2022
Chapter 14: Case Closure including noting any specific evaluations, assessments, counselor observations or other diagnostics contributing to the decision:
- The individual does not have a vision impairment.
- Vision impairment does not cause a substantial impediment to employment outcome;
- The individual does not require vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. (Authority: 34 CFR 361.42).
- The individual does not intend to pursue an employment outcome (e.g., individual requests independent living services or other services related to homemaker but clearly indicates no desire to pursue employment)
- Other circumstances in which the individual’s case can be closed Ineligible from Application could include: a. Unable to locate or contact the individual b. Left the state with evidence they are no longer interested in VR services c. Individual requests that their VR case be closed or refuses services d. Institutionalized or otherwise unable to participate in the VR program for an indefinite period of time e. Death f. Other reasons as justified and documented by the VR counselor
Trial Work Experience Status (Application-T) Once an individual has completed Trial Work Experiences, the VR counselor is required to either close the case as Closed-Other or determine that the individual is eligible for VR services. If case closure is due to the significance of the disability as demonstrated through clear and convincing evidence during Trial Work, the VR counselor will indicate that in the Notice of Ineligibility Letter. However, there may be other reasons the individual is closed as Other once placed in Application-T status (e.g., refused services, moved out of state, became institutionalized, etc.). In those cases, the VR counselor will complete the VR Notice of Ineligibility Letter noting the appropriate reason why the case is being closed.
Eligible, Service, or Job Ready Status An individual may be closed after eligibility has been determined for any number of reasons but may not be closed due to core eligibility reasons (no vision impairment, disability is not a substantial impediment to employment, does not require VR services) other than due to the significance of the disability.
Case Closure Reasons 134 Policy Issued May 27, 2022
Chapter 14: Case Closure
- Services the individual requires are more appropriately provided by another entity (i.e., individual needs services outside of the scope of DBVI’s VR services).
- Unable to locate.
- The individual has failed to meet their responsibilities as agreed to (failure to cooperate or participate in services).
- The individual no longer desires vocational rehabilitation services or does not wish to be on an Order of Selection waiting list.
- Transportation is not feasible or available.
- The individual is institutionalized and unavailable for indefinite or considerable period of time (this would include incarceration).
- Death
- Other (any other reason not already noted and documented by the VR counselor) Case Closure Due to Significance of Disability (after eligibility determination has been made) The VR counselor should appropriately use the eligibility determination process, including Trial Work Experiences, to determine if the significance of an individual’s disability is such that they cannot benefit from VR services in terms of an employment outcome due to the severity of the individual’s disability. However, in the situation where the individual has previously been determined eligible but subsequently the VR counselor gathers additional information (obtained after the date of eligibility determination) that indicate the individual may no longer be eligible for VR services due to the significance of the disability, the VR counselor shall:
- Provide for realistic work experiences consistent with the requirements of Trial Work Experience (see Eligibility chapter – Trial Work Experience) in order to determine if there is clear and convincing evidence that the individual cannot benefit from VR services in terms of an employment outcome; or
- Document those services have already been provided to the individual; and
- Document in AWARE the information obtained after eligibility determination that led to the decision to close the individual’s case; and
- Send the individual the VR Notice of Ineligibility Letter indicating the reason for case closure.
Appeals (see Appeals guidance for more information) Mandatory Notification to Individuals or applying for or receiving VR services of their rights to appeal determination made by DBVI Personnel: a. Based on the requirements of 34 CFR 361.43 (Procedures for ineligibility determination) and 34 CFR 361.57 (Review of determinations made by designated State unit personnel) DBVI shall ensure, using appropriate 135 Policy Issued May 27, 2022
Chapter 14: Case Closure modes of communication, that individuals, or as appropriate the individual’s representative, who are applying for or receiving services are made aware of their rights to obtain a review of DBVI determinations that affect the provision of their vocational rehabilitation services. Throughout this section, the words “individuals applying for or receiving vocational rehabilitation services” also refers to, as appropriate, the individual’s representative(s).
b. The Vocational Rehabilitation Counselor will both personally explain and provide, in writing, notice of these rights when: i. The individual is a recipient of Pre-employment Transition Services; ii. The individual applies for DBVI VR Services; iii. At the time the individual is assigned to a category in the DBVI Order of Selection; iv. At the time the individual’s IPE is developed; and v. When the individual’s services are reduced, suspended, or terminated.
The VR Notice of Ineligibility and the VR Notice of Case Closure Letters provide information to the individual regarding their right to a consultation with the VR counselor within 30 days of receipt of the letter and provides them with information regarding their right to appeal. Should the individual request an Informal Administrative Review (IAR), mediation or a Fair Hearing within the appeal deadline, the VR counselor may not suspend services already being provided until the appeal process has been completed.
However, the VR counselor is not required to initiate new services during this period.
Guidance and counseling should be provided throughout the process. See the chapter on Appeals for more information.
In situations where the VR counselor intends to close the individual as Closed – Rehabilitated, the VR counselor should discuss the decision to close the case with the individual to insure there’s agreement between the VR counselor and the individual. If the individual is not in agreement to close the case, they should be informed of their appeal rights. See the chapter on Appeals for more information.
Information and referral For individuals who are Closed - Other, the VR counselor shall:
- Provide information about other appropriate federal and state programs the individual may benefit from, including the state workforce development services where closure is due to no vision impairment, or the disability is not a substantial impediment to employment.
- If the individual is determined to severe to benefit from VR services, the VR counselor should provide information regarding other services or programs that 136 Policy Issued May 27, 2022
Chapter 14: Case Closure they may be able to benefit from, such as programs operated by Employment Services Organizations (ESO’s).
Case Closure Process (Closed-Other Than Rehabilitated)
The VR counselor has responsibility for properly documenting case closure for the individual.
Written Notice (to individual at case closure) and Case Consultation Case consultation is not required when:
- The individual has requested that their case be closed;
- The individual has died;
- The individual cannot be contacted;
- The individual is institutionalized and is unable to participate in VR services;
- The individual has moved out of state and is unable to participate in VR services;
Annual Review Requirements
For information related to the federal requirement for annual review of certain cases, see the VR policy and procedure manual Chapter 15 regarding Extended Services, Sub-Minimum Wage and Annual Reviews.
Case Closure – Multiple Cases and Jointly Shared Cases
- An individual may have multiple VR cases with DBVI over his or her lifetime, but only one case may be open at any given time.
- An individual may have multiple cases closed in Closed - Other status within the same federal fiscal year, but no more than one case as Closed – Rehabilitated during the same federal fiscal year.
- During the federal fiscal year, DBVI and DARS, or DBVI and another state VR agency, may both open a case for an individual and then close the case in Closed-Rehabilitated when: a. The individual met the eligibility criteria for each agency; b. Each agency provided a service that the other agency does not normally provide to its individuals and/or; c. Each agency had the necessary expertise to address the disability related barriers to employment that the other agency did not have; d. Each agency’s service under an IPE contributed substantially to removing limitations to employment 137 Policy Issued May 27, 2022 Chapter 15: Extended Services, Annual Reviews and Sub-Min. Wage Chapter 15
Extended Services, Annual Reviews and Sub-Minimum Wage
This chapter is under policy review. 138 Policy Issued May 27, 2022
Chapter 16: Appeals Chapter 16
Appeals A. Mandatory Notification to Individuals Applying for or Receiving VR Services of their Rights to Appeal Determination Made by DBVI Personnel
- Based on the requirements of 34 CFR 361.43 (Procedures for ineligibility determination) and 34 CFR 361.57 (Review of determinations made by designated State unit personnel) DBVI shall ensure, using appropriate modes of communication, that individuals, or as appropriate the individual’s representative, who are applying for or receiving services are made aware of their rights to obtain a review of DBVI determinations that affect the provision of their vocational rehabilitation services. Throughout this section, the words “individuals applying for or receiving vocational rehabilitation services” also refers to, as appropriate, the individual’s representative(s).
- This notification of rights to review determinations includes: a. Information pertaining to the Client Assistance Program (disAbility Law Center of Virginia) and the rights to informal dispute resolution including an Informal Administrative Review, mediation, and to proceed directly to an impartial due process hearing; b. The names and addresses of individuals with whom requests for mediation or due process hearing (Fair Hearing) may be filed. For DBVI this is Appeals Coordinator and; c. An Administrative Review of the hearing officer’s decision.
- The Vocational Rehabilitation Counselor will both personally explain and provide in writing notice of these rights when: a. The individual is a recipient of Pre-employment Transition Services; b. The individual applies for DBVI VR Services; c. At the time the individual is assigned to a category in the DBVI Order of Selection; d. At the time the individual’s IPE is developed; and e. When the individual’s services are reduced, suspended, or terminated.
B. Types of Determinations that may be Appealed
- Federal law and regulations do not define the types of determinations that may be appealed (federal policy directive RSA-PD-09-03 and Federal Register, Vol. 66. No. 11, issued January 17, 2001, page 4431).
However, examples of determination for appeal include but are not limited to: a. Determinations to conduct Trial Work Experiences (TWE) to determine eligibility for VR services; b. Determination of ineligibility for VR Services; 139 Policy Issued May 27, 2022
Chapter 16: Appeals c. The nature, content, and scope of the Individualized Plan for Employment; d. Delivery or quality of VR services; e. Cost of services including DBVI’s decisions to refuse payment of services, use of comparable benefits, and fee schedules; f. Closure of an individual’s VR case.
C. Evidence and Representations
- Individuals who are applying for or receiving vocational rehabilitation services, or as appropriate their representatives, have the opportunity to submit, during mediation or due process hearing (Fair Hearing), evidence and other information that supports the individual’s position. These same individuals may be represented by counsel or other advocates selected by the individual.
- Individuals have the right to present witnesses and/or evidence to support their concerns with complete freedom from reprisal. The individual will have access to all relevant materials as provided by section 2.2-3704 of the Code of Virginia.
D. Impact on Provision of Services
- Based on federal regulation 34 CFR 361.57, DBVI shall not suspend, reduce, or terminate vocational rehabilitation services being provided to the individual applying for or receiving services while the individual is participating in Informal Administrative Review, mediation, impartial due process hearing (Fair Hearing), or Administrative Review of a hearing decision unless the individual: a. Requests a suspension, reduction, or termination of a service; b. DBVI has evidence that services have been obtained through the individual’s misrepresentation, fraud, collusion, or criminal conduct; c. The service puts the individual at risk based on new medical or psychological information provided by a physician; d. DBVI personnel have reason to believe that the individual’s behavior or action to be a danger to the health and safety to themselves or others.
E. The Client Assistance Program (CAP)
- According to 34 CFR § 361.57 and 34 CFR 370 individuals applying for or receiving vocational rehabilitation services (including individuals who are not yet eligible but are receiving Pre-employment Transition Services) and/or DBVI staff may contact CAP advocates and attorneys for information about individual’s rights and no cost assistance in resolving issues with the individual’s vocational rehabilitation case. Individuals may request CAP representation during an appeal. In Virginia, the CAP program is administered by the disAbility Law Center of Virginia, 1910 140 Policy Issued May 27, 2022
Chapter 16: Appeals Byrd Avenue, Suite 5, Richmond, VA 23230, (804) 225-2042 (Voice and TTY) or toll free 1-800-552-3962 (Voice and TTY). Additional information is available at https://www.dlcv.org/cap
F. Dispute Resolution
- In addition to mediation and impartial due process hearing (Fair Hearing), DBVI provides individuals who are applying for or receiving vocational rehabilitation services with the opportunity to resolve disputes through an informal process. a. This informal process shall not be used to deny the right of the individual to a mediation and impartial due process hearing, and, if either mediation or the informal process or both are not successful in resolving the dispute within 60 days from the individual’s request for review of a determination made by DBVI staff (i.e., a request for a Fair Hearing), a Fair Hearing must be conducted within that same 60-day time period, unless the individual and the agency agree to a specific extension of time. b. During each step of the informal resolution process the Vocational Rehabilitation Counselor, Regional Manager, the Director of Vocational Rehabilitation and Workforce Services and the Deputy Commissioner shall inform the individual of the CAP and of their rights to request mediation or to proceed directly to a Fair Hearing.
- Informal Resolution Between the Individual and the VR Counselor a. The Vocational Rehabilitation Counselor will make every effort to resolve disputes with the individual based on relevant DBVI Vocational Rehabilitation Policies and Procedures, federal regulations and law, and the Certified Rehabilitation Counselor Code of Ethics. Vocational Rehabilitation Counselors must document all concerns of the individual and subsequent actions taken to address those concerns in the individual’s case file. b. Attempts to resolve the dispute between the individual and the VR Counselor may not necessarily involve the Regional Manager. The VR Counselor should always apprise the Regional Manager of any disputed decisions or issues that have arisen with an individual they’re serving such that they’re fully up to date with the individual’s situation and concerns. The Regional Manager’s involvement in the case may include a review of the staffing of the case, assistance from the Director of Vocational Rehabilitation and Workforce Services, a review of relevant VR policies and/or a joint meeting with the individual, the VR Counselor and the Regional Manager in an attempt to resolve the issue.
Guidance: It is always the goal when a dispute arises to attempt to resolve the issue through further discussion and review of the decision or issue, gathering additional information through further 141 Policy Issued May 27, 2022
Chapter 16: Appeals assessment, seeking compromise solutions and/or seeking assistance and additional opinions from other VR staff, including the Regional Manager and the Director of Vocational Rehabilitation and Workforce Services. These options can be described as “informal” to the degree that they don’t involve a formal appeal on the part of the individual; rather, the individual is given the opportunity to air their concerns, raise questions, request clarification of VR policy and to engage in an active effort to come to a decision that both the VR counselor and the individual are comfortable with. However, throughout this process, the VR counselor and any other VR staff involved in attempting to resolve the issues must be cognizant as noted earlier that the individual always has the right to formally appeal a determination that has been made and in fact can concurrently be informally attempting to resolve the issue even as they have formally requested an appeal, to include a request for an Informal Administrative Review (IAR), mediation or a Fair Hearing.
At any point in which it becomes clear that the dispute is not going to be resolved through the informal process, the individual (or their representative) must be provided with the information necessary to initiate a formal appeal, assuming this has already not occurred.
- Informal Resolution Between the Individual and the Regional Manager - Step 1 – Informal Administrative Review (IAR) a. When issues or concerns of individuals who are applying for or receiving vocational rehabilitation services from DBVI cannot be resolved between the individual and the Vocational Rehabilitation Counselor within 20 full working days of the VR Counselor decision or most recent issue requiring resolution, the individual may request in writing, by e-mail, by phone call, or in person, to speak with the Vocational Rehabilitation Counselor’s Regional Manager. b. In most circumstances the Regional Manager will be the Regional Manager for the office through which the individual is being served.
If for any reason the Regional Manager cannot (or should not) conduct the IAR (e.g., heavily involved in dispute issue already, position is vacant or Regional Manager is on extended leave, etc.), the request should go to the Senior Regional Manager or the Director of Vocational Rehabilitation and Workforce Services, as appropriate. c. The Regional Manager shall meet (either face-to-face or by phone) with the individual in a timely manner not to exceed ten working days of receipt of the individual’s request. The Regional Manager shall use the Informal Administrative Review (IAR) form to document the results of the meeting. 142 Policy Issued May 27, 2022
Chapter 16: Appeals d. Within five working days of meeting with the individual, the Regional Manager (or the Senior Regional Manager or Director of Vocational Rehabilitation and Workforce Services) shall communicate a written decision utilizing the IAR form to the individual and the VR Counselor to include the date of the IAR request and by whom, the issue(s) addressed, decision reached and justification for the decision (including all applicable VR policy) and shall include the right to proceed directly to a hearing, apply for CAP assistance and request mediation. e. The IAR written decision should be placed within the individual’s AWARE case file.
- Informal Administrative Review (IAR) - Step 2 a. When issues or concerns of individuals who are applying for or receiving vocational rehabilitation services from DBVI cannot be resolved between the individual and the Regional Manager, the individual may request an IAR in writing, by e-mail, by phone call, or in person to speak with the Regional Manager’s supervisor or, as appropriate, the Director of Vocational Rehabilitation and Workforce Services (or the Deputy Commissioner, for reasons as noted above regarding the Regional Manager). b. The appropriate management representative for Step 2 of the IAR process shall meet, by phone or in person, with the individual in a timely manner not to exceed ten working days of receipt of the individual’s request for IAR. Step 2 of the Informal Administrative Review (IAR) form shall be used to document the meeting (Step 1 if the Regional Manager has not conducted an IAR). c. The management representative shall prepare and submit to the individual by e-mail, hard copy, or scanned copy, a written report of the IAR within five working days of meeting with the individual utilizing the IAR form. d. The IAR will contain documentation of review of the individual’s case file, discussions with relevant DBVI staff and the individual who has requested the IAR and will include a written decision to the individual and the VR Counselor to include the date of the IAR request and by whom, the issue(s) addressed, decision reached and justification for the decision (including all applicable VR policy) and shall include the right to proceed directly to a hearing, apply for CAP assistance and request mediation. e. The management representative conducting the IAR shall ensure that the report of the IAR is added to the individual’s case file in AWARE. f. In circumstances when the individual’s concerns are associated with the Director of Vocational Rehabilitation and Workforce Services or the Director of Virginia Rehabilitation Center for the Blind and Vision Impaired, the Deputy Commissioner for Services 143 Policy Issued May 27, 2022
Chapter 16: Appeals would conduct the IAR. Should the individual’s concerns be associated with the Deputy Commissioner for Services the Commissioner would conduct the IAR. In those cases, the same time frames noted in Steps 1 and 2 would apply. g. While the IAR is pending, DBVI staff may request consideration of policy exceptions that would resolve the issue. h. The IAR decision shall become part of the individual’s case file.
- Mediation a. The individual applying for or receiving vocational rehabilitation services may request to proceed directly to mediation rather than participate in the DBVI informal dispute resolution process DBVI has implemented.
- Individuals seeking mediation must complete the DBVI Request for Mediation form which includes their name and contact information, name of the Vocational Rehabilitation Counselor, concerns or issues the individual wants mediated, the resolution sought by the individual, accommodations required by the individual in order to participate in mediation, and the individual’s signature.
- Participation in mediation to resolve disputes is voluntary for the individual and for DBVI personnel and may be terminated at any time once the mediation process has been initiated by either party.
- Mediation shall not be used to deny the right of the individual to a mediation and impartial due process hearing.
- Mediation is conducted by a neutral, qualified, and impartial mediator randomly selected from a list of such mediators maintained. DBVI maintains a list of Supreme Court of Virginia certified mediators who meet federal requirements 34 CFR 361.5(b) (43) and 34 CFR 361.57.
- While the mediation is pending, DBVI staff may request consideration of policy exceptions that would resolve the issue.
- Discussions that occur during the mediation process, other than those comments that are threats of bodily harm to self or others including references to abuse or neglect shall remain confidential and may not be used as evidence in any subsequent process hearings or civil proceedings.
Participants may be required to sign a confidentiality pledge prior to the commencement of the mediation process.
- The mediation agreement shall (per agency mandate) require Director of Vocational Rehabilitation and Workforce Services or Deputy Commissioner for Services pre-approval. 144 Policy Issued May 27, 2022
Chapter 16: Appeals
- A mediation agreement is valid when (per 34 CFR § 361.57) it is signed by the individual and DBVI staff and is consistent with federal and state laws and regulations and DBVI policy and procedure.
- The agreement (per 34 CFR § 361.57) shall become part of the VR case record with a copy to the individual, and it may be used as evidence in a hearing and civil proceeding. It is not a contract. However, the individual and staff are expected to adhere to it, and problems with compliance shall be handled through any of the established channels to resolve issues of individuals who are being served or to close the case. 10. Mediation sessions are scheduled in a timely manner and are held in a location and manner that is convenient to the individual and DBVI staff. 11. An agreement reached by the individual and the DBVI staff must be described in a written mediation agreement that is facilitated by the neutral, qualified, and impartial mediator. 12. The mediation agreement is signed by the individual and the DBVI staff, and copies of the agreement must be sent to both parties. 13. The costs of the mediation process including reasonable accommodations and expenses incurred for or by the individual applying for or receiving vocational rehabilitation for transportation or personal assistance services will be paid for by DBVI. 14. All costs associated with legal or other representation for the individual applying for or receiving vocational rehabilitation services will be paid for by the individual. 15. The mediator shall manage the mediation process and arrange the date and location of the mediation meeting that is convenient to the participants.
- Impartial Due Process Hearing (Fair Hearing) a. When an individual applying for or receiving vocational services requests an impartial due process hearing, an impartial hearing officer shall be randomly selected, and an impartial due process hearing shall be conducted within 60 days from the individual’s request unless an informal resolution or a mediation agreement is achieved prior to the 60th day or the parties agree to a specific extension of time. b. Individuals requesting an impartial due process hearing must complete the DBVI Request for Fair Hearing form which includes their name and contact information, name of the Vocational Rehabilitation Counselor, concerns or issues the individual wants heard, the resolution sought by the individual, accommodations 145 Policy Issued May 27, 2022
Chapter 16: Appeals required by the individual in order to participate in an impartial due process hearing, and the individual’s signature. c. The individual or the Vocational Rehabilitation Counselor or Regional Manager on the individual’s behalf, must submit the DBVI Request for Fair Hearing Form to the DBVI Appeals Coordinator within ten working days after the conclusion of the IAR or mediation if either of those options have been chosen as a means of resolving the individual’s disputes. d. Upon receipt of the DBVI request for mediation or Fair Hearing, the Appeals Coordinator shall send the individual a letter acknowledging the request, explanation of the impartial due process hearing process, and Client Assistance (CAP) Program information. e. The Deputy Commissioner for Services, in consultation with the Director of Vocational Rehabilitation and Workforce Services, will assign the appropriate DBVI staff to represent the agency in the impartial due process hearing. f. Impartial due process hearings are conducted by neutral, qualified, and impartial hearing officers who have been jointly selected by the DBVI and the Department for Aging and Rehabilitative Services State Rehabilitation Councils and who meet federal requirements 34 CFR 361.5(b)(25) and 34 CFR 361.57. A list of these hearing officers is maintained by the Department of Aging and Rehabilitative Services (DARS). g. The Appeals Coordinator shall randomly select an impartial due process hearing officer from the list of impartial hearing officers maintained by DARS. h. The impartial hearing officer shall manage the impartial due hearing process. i. The impartial hearing officer must decide regarding the individual’s concerns that are based on the provisions of the DBVI State Plan approved by the Rehabilitation Services Administration, the Workforce Innovation and Opportunity Act, federal regulations pertaining to the provision of vocational rehabilitation services, and Virginia regulations, and DBVI policies that are consistent with federal regulations. j. The impartial hearing officer must provide to the individual and to DBVI a full written report of findings and grounds for the decision within 30 days of completion of the hearing; k. The impartial hearing officer’s decision is final except that either the individual or DBVI may request an Administrative Review of the hearing officer’s decisions conducted by a representative of the Governor of Virginia. l. While an impartial due process hearing is pending, DBVI staff may request consideration of policy exceptions that would resolve the issue. 146 Policy Issued May 27, 2022
Chapter 16: Appeals m. The costs of the impartial due process hearing including reasonable accommodations regarding accessibility under P.L. 101-336 Americans with Disabilities Act of 1990 and expenses incurred for or by the individual applying for or receiving vocational rehabilitation for transportation or personal assistance services will be paid for by DBVI. n. All costs associated with legal or other representation for the individual applying for or receiving vocational rehabilitation services will be paid for by the individual. o. Substantive issues shall not be discussed with the hearing officer off the record or outside the hearing or without the other party being present. All communication to and from the hearing officer, excepting the scheduling of pre-hearing conferences and the impartial due process hearing, must be in writing, and the hearing officer shall ensure the other party receives a copy. Scheduling pre-hearing conferences and hearings is not a substantive issue. p. While the impartial due process hearing is pending, the individual and the agency may try to resolve the issue. q. The Deputy Commissioner or his designee will represent DBVI.
- Fair Hearing Process a. Pre-Hearing Conference Call - The impartial hearing officer, the individual requesting the hearing, or the DBVI staff may request a pre-hearing conference to clarify issues to be addressed at the hearing or take care of any procedural matters. Procedural matters include scheduling, moving or postponing the hearing, witness and exhibit lists concerns; logistical considerations; and hearing officer disqualification. The impartial hearing officer determines the means (face-to-face, conference call, etc.), schedules, and presides over the pre-hearing conference. Both parties and their representative (if there are any) must be included. Within ten calendar days, the hearing officer documents the outcome of the pre-hearing conference in writing to the participants with a copy to the Director of Vocational Rehabilitation and Workforce Services. b. Exhibit and Witness List - Before the hearing date, the hearing officer shall request a list of the proposed exhibits and witnesses from the individual and DBVI and rule on any concerns raised by either party. The lists should include all exhibits and witnesses (including the individual and DBVI staff) relevant to the hearing issue(s), even if listed by the other party because the other party may decide not to use them at the hearing. The exhibit lists should identify specific documents and include author and date for reports, case notes, communications, etc. c. Exhibits - Exhibits may be submitted before or during the Hearing. Post-hearing submissions are accepted at hearing officer discretion. Exhibits may include, but are not limited to: DBVI 147 Policy Issued May 27, 2022
Chapter 16: Appeals vocational rehabilitation forms, AWARE screens, purchase authorizations and cancelations and payment approvals, reports, communications including e-mails and letters, counseling and guidance and other case notes, policy, federal and state laws and regulations, federal policy guidance, etc. It is not necessary to submit the entire VR case record. d. Witnesses - The individual requesting the hearing is responsible for any costs associated with witnesses they choose other than current DBVI employees. DBVI shall arrange for the presence of all current staff that are on the witness list of either the individual or the agency or requested to be present by the hearing officer. e. Cancelling the Hearing Request - The individual may cancel the impartial due process hearing by sending a written request to the hearing officer. The hearing officer dismissal shall be in writing to the individual, the Appeals Coordinator and DBVI staff with a copy to the Director of Vocational Rehabilitation and Workforce Services. f. Closed Hearing - All DBVI impartial due process hearings shall be closed to everyone other than the participants and witnesses unless the hearing officer grants a request from the individual who has requested the hearing for the hearing to be open to members of the public. The hearing officer shall determine who from the public may be present. g. Testimony and Evidence - The impartial hearing officer does not (per 34 CFR § 361.57) have authority to settle cases. The hearing officer shall preside over the hearing; determine the presentation order; allow the individual and DBVI to make brief opening and closing statements, examine and cross-examine witnesses, and submit and refute written evidence. All testimony shall be given under oath administered by the impartial hearing officer. Hearsay evidence is admissible at the discretion of the impartial hearing officer. The impartial hearing officer may question witnesses; exclude irrelevant, immaterial, insubstantial, privileged, or repetitive evidence; and introduce any regulation, law, policy directive, or other material believed to be relevant not otherwise presented by the individual or DBVI staff. Neither party has the right to submit evidence after the hearing is adjourned unless requested by the impartial hearing officer. The impartial hearing officer may re-open the hearing to hear additional witness testimony and allow for examination or cross-examination of the witness. h. Verbatim Recording of Hearing – The impartial hearing officer shall ensure an accurate verbatim audio recording is made of the hearing and provide it to the Appeals Coordinator after the hearing decision is issued. The Director of Vocational Rehabilitation and Workforce Services shall provide staff to operate the recording equipment if requested. DBVI shall maintain the verbatim record for 15 years (per Code of Virginia). The individual may receive one 148 Policy Issued May 27, 2022
Chapter 16: Appeals free copy of the verbatim recording to be provided in a format determined by DBVI and ADA compliant. i. No Show and Case Dismissal - The impartial hearing officer is empowered to dismiss the case if the individual and their representative(s) fail to appear at the scheduled hearing, the hearing officer sends a written notice to show cause, and the individual does not show good cause that satisfies the hearing officer. j. Hearing Decision - The impartial hearing officer shall (per 34 CFR § 361.57) issue a written decision to the individual and the DBVI Commissioner within 30 calendar days after the hearing. The decision shall (per 34 CFR § 361.57) become part of the VR case record. The decision shall include the individual’s and DBVI’s rights within 20 calendar days (per 34 CFR § 361.57) to request in writing an Administrative Review of a hearing decision. A hearing decision is final and DBVI shall implement it within 30 calendar days after the decision date unless the individual or DBVI requests an Administrative Review of the hearing officer’s decision. k. Distribution of Hearing Decision - The Appeals Coordinator shall send a redacted copy of the decision to the State Rehabilitation Council (per the Workforce Innovation and Opportunity Act of 2014, RSA attached to the RSA-722 annual appeals report, and the other hearing officers (per agency mandate)).
- Administrative Review of the Hearing Officer’s Decision a. When an individual or DBVI is dissatisfied with the decision made by the impartial hearing officer, an Administrative Review may be sought by either party. b. The request for an Administrative Review must be made within 20 days of the mailing of the impartial hearing officer’s decision. c. The Administrative Review is a paper review and is conducted by an official from the Office of the Governor of Virginia. d. The request for Administrative Review must be in writing, state the specific decision(s) of the hearing officer to be reviewed and may include additional information or evidence supporting the request. e. The Administrative Review does not include any new issues. f. The request for Administrative Review must be submitted to the Appeals Coordinator who will forward the request and notice of the rebuttal and decision deadline to the reviewing official and the other party and provide the reviewing official with a copy of the hearing decision and exhibits. g. Rebuttal - The party not requesting the Administrative Review of a hearing decision may submit a written rebuttal within ten calendar days to the Appeals Coordinator to be forwarded to the reviewing official and other party. 149 Policy Issued May 27, 2022
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- Standards of Review for Administrative Review of a Hearing Decision. a. The reviewing official shall make an independent, final decision and shall not (per 34 CFR § 361.57) delegate the responsibility for making the decision to any DBVI staff. b. The reviewing official shall (per 34 CFR § 361.57) provide the individual and DBVI staff an opportunity to submit additional written evidence and information relevant to the final decision. c. The reviewing official shall (per 34 CFR § 361.57) review the entire hearing record (decision and exhibits), and ensure that the hearing decision complies with the approved DBVI state plan, the Workforce Innovation and Opportunity Act of 2014, federal vocational rehabilitation regulations, state law and regulations, and agency policies and procedures which are consistent with federal requirements, and the U.S. and Virginia Constitutions. The review will consider all relevant issues of fact, law and written procedures. If the review issue involves questions of federal or state law, regulation or procedures, the reviewing official may consult with appropriate federal officials and the Virginia Office of the Attorney General and consider their interpretations. d. Within 30 calendar days after receiving the request (34 CFR § 361.57), the reviewing official shall send a written decision and the statutory, regulatory or policy grounds for the decision to the individual and DBVI Commissioner, with a copy to the Appeals Coordinator and Director of Vocational Rehabilitation and Workforce Services to be forwarded to the DBVI staff associated with the individual’s case. The decision shall become part of the individual‘s Vocational Rehabilitation case record. e. The reviewing official may affirm, modify or reverse the hearing decision in whole or in part or refer/remand the case back to the hearing officer for further proceedings. The reviewing official shall not (per 34 CFR § 361.57) overturn or modify a hearing decision, or part of a hearing decision, that supports the individual position, unless concluding, based on clear and convincing evidence, that the hearing decision is clearly erroneous on the basis of being contrary to the approved DBVI state plan, the Workforce Innovation and Opportunity Act of 2014, federal vocational rehabilitation regulations, or state regulations or agency policies which are consistent with federal requirements. The reviewing official may reverse or remand it when finding the hearing decision to be:
- In violation of constitutional, statutory, regulatory, or written policy provisions;
- In excess of the statutory authority of the agency; or
- Made upon unlawful procedures; or
- Affected by other errors of law, regulation, or written policy; or 150 Policy Issued May 27, 2022
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- Not reasonably supported by the evidence; or
- Arbitrary, capricious, or characterized by abuse of, or clearly unwarranted, exercise of discretion. f. Implementing Reviewing Official Decision - Within 30 calendar days (unless the decision specified another time frame) after the reviewing official issues the Administrative Review decision, DBVI shall implement the decision, regardless of whether the individual or DBVI files a civil action. g. Distribution of Reviewing Official Decision - The Appeals Coordinator shall send a redacted copy of the reviewing officials Administrative Review decision to the State Rehabilitation Council (per Workforce Innovation and Opportunity Act of 2014, RSA attached to the RSA-722 annual appeals report) and the other hearing officers. h. If the individual or DBVI brings an action in court following an Administrative Review of a hearing decision, pending review by the court DBVI shall (per 34 CFR § 361.57) implement the hearing decision, including the final decision from an Administrative Review of a hearing decision. 151 Policy Issued May 27, 2022
Chapter 17.5: Liability Chapter 17
Financial Measures
DBVI establishes and maintains written policies governing the rates of payment for all purchased vocational rehabilitation services. DBVI establishes a fee schedule designed to ensure a reasonable cost for services that is not so high as to effectively deny an individual a necessary service, is not absolute and permits exceptions so that an individual’s needs can be addressed. DBVI does not place absolute dollar limits on specific service categories or on the total services provided to an individual.
Additionally, DBVI does not establish absolute time limits on the provision of specific services or on the provision of services to an individual. The duration of each service needed by an individual must be determined on an individual basis and reflected in that individual's IPE (34 CFR 361.50)
Comparable Services and Benefits
Comparable services and benefits mean services and benefits 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 the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with 34 CFR 361.53; and
- Commensurate to the services that the individual would otherwise receive from the designated State vocational rehabilitation agency.
NOTE: For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.
Comparable Benefits Comparable benefits are services and benefits defined as any appropriate service or financial assistance available to an individual with a disability from a program other than vocational rehabilitation to meet, in whole or in part, the cost of services to be provided in the IPE. Examples might include grants, insurance carriers, Medicaid or Medicare covered expenses. Comparable benefits are identified on the VR Financial Participation in Cost Services form and can also be identified on the AWARE IPE page in the text box titled, “Describe the participant responsibilities towards the cost of the plan and securing comparable benefits”
Comparable benefits do not need to be considered for some VR services, including: a. Evaluation of rehabilitation potential; b. Counseling and guidance; 152 Policy Issued May 27, 2022
Chapter 17.5: Liability c. Personal and vocational adjustment; d. Job placement; e. Rehabilitation technology
Availability of Comparable Services and Benefits
DBVI must ensure, in all instances where comparable benefits are required, that there has been a determination of available comparable services and benefits. If comparable services or benefits exist under any other program but are not available to the individual at the time needed to satisfy the rehabilitation objectives in the individual's Individualized Plan for Employment (IPE), the agency shall provide vocational rehabilitation services until those comparable services and benefits become available (i.e., the implementation of IPE services should not be delayed).
Comparable services or benefits are not required if waiting for such services or benefits would place the individual’s job in jeopardy.
Individuals receiving Social Security benefits under Titles II or XVI of the Social Security Act are exempt from consideration of financial need for vocational rehabilitation services.
Comparable Services and Benefits and the Individual’s Participation in the Cost of Services
Comparable benefits and the individual’s participation in the cost of their VR services are two different things. An individual may not be required to participate in the cost of their VR services, but the VR counselor is still required to utilize whatever comparable services and benefits may be available to meet the cost of the VR services.
Financial Determination Guidelines
34 CFR 361.54 Participation of individuals in cost of services based on financial need.
No Federal requirement. There is no Federal requirement that the financial need of individuals be considered in the provision of vocational rehabilitation services.
A. The State unit (DBVI) may choose to consider the financial need of eligible individuals or individuals who are receiving services through trial work experiences under 34 CFR 361.42(e) or during an extended evaluation under 34 CFR 361.42(f) for purposes of determining the extent of their participation in the costs of vocational rehabilitation services, other than those services identified in paragraph (b)(3) of this section.
- If the State unit (DBVI) chooses to consider financial need -153 Policy Issued May 27, 2022
Chapter 17.5: Liability a. It must maintain written policies i. Explaining the method for determining the financial need of an eligible individual; and ii. Specifying the types of vocational rehabilitation services for which the unit has established a financial needs test;
- The policies must be applied uniformly to all individuals in similar circumstances; a. The policies may require different levels of need for different geographic regions in the State, but must be applied uniformly to all individuals within each geographic region; and b. The policies must ensure that the level of an individual's participation in the cost of vocational rehabilitation services is -i. Reasonable; ii. Based on the individual's financial need, including consideration of any disability-related expenses paid by the individual; and iii. Not so high as to effectively deny the individual a necessary service.
- The designated State unit (DBVI) may not apply a financial needs test, or require the financial participation of the individual: a. As a condition for furnishing the following vocational rehabilitation services: i. Assessment for determining eligibility and priority for services under 34 CFR 361.48(a), except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences under 34 CFR 361.42(e). ii. Assessment for determining vocational rehabilitation needs under 34 CFR 361.48(b). iii. Vocational rehabilitation counseling and guidance under 34 CFR 361.48(c). iv. Referral and other services under 34 CFR 361.48(d). v. Job-related services under 34 CFR 361.48(l). vi. Personal assistance services under 34 CFR 361.48(n). vii. Any auxiliary aid or service (e.g., interpreter services under 34 CFR 361.48(j), reader services under 34 CFR 361.48(k)) that an individual with a disability requires under section 504 of the Act (29 U.S.C. 794) or the Americans with Disabilities Act (42 U.S.C. 12101, et seq.), or regulations implementing those laws, in order for the individual to participate in the VR program as authorized under this part; or a. As a condition for furnishing any vocational rehabilitation service if the individual in need of the service has been determined eligible for Social Security benefits under Titles II or XVI of the Social Security Act (i.e., receiving SSI, SSDI, or both) 154 Policy Issued May 27, 2022
Chapter 17.5: Liability Determination of financial need of individuals receiving vocational rehabilitation (VR) services is permitted under Federal Regulations pertaining to the provision of VR services and must be administered in an equitable manner. (DBVI) has elected to consider an individual’s ability to participate in the cost of some services based on a determination of financial need. Subsequently, eligible individuals may be required to pay in whole or in part for the cost of the VR services they receive.
Federal Regulations exclude SSI and/or SSDI recipients from participating in the cost of VR services. SSI and/or SSDI recipients are only required to report the monthly amount of SSI and/or SSDI on the VR Financial Participation in Cost Services form. However, all individuals participating in VR services, including SSI and SSDI recipients, will be required to use their own funds or benefits to cover their routine costs while participating in VR services. These routine expenses include but are not limited to housing, groceries, transportation to medical or other personal appointments, clothing, and incidental costs incurred that are unrelated to their disability or participation in VR services.
Liability
A. Liability DBVI and the individuals served by the agency are insured for liability through the Virginia Department of the Treasury, Division of Risk Management. This coverage specifically is for instances in which individuals receiving services:
Seek a liability-related legal action against DBVI or VRCBVI as the result of participation in VR services, including situational assessments, summer work, paid and/or unpaid work experiences, on-the-job training, or other work experiences.
Allege that DBVI or VRCBVI caused injury to the individual or damaged the individual’s property.
Injure another person or do property damage to an employer during a situational assessment, paid and/or unpaid work experience, summer work, on the job training, or other work experiences.
DBVI is represented in disputes, claims, and controversies by the Department of Risk Management and the Virginia Office of Attorney General (per § 2.2-1837 of the Code of Virginia). Therefore, DBVI shall not use federal funds or state general funds when the Division of Risk Management has legal jurisdiction to investigate and settle the claim. 155
APPENDIX I: GLOSSARY OF TERMS
Actual Services refers to the requirement that the VR counselor must document in AWARE Actual Services module a case note or notes summarizing the IPE services provided to an individual. Every service on the individual’s IPE that was provided during each quarter of the year must be documented in Actual Services. Services on the IPE that were planned to be provided but were not provided during any given quarter must also be documented in Actual Services with a justification as to why those services were not provided. The documentation includes those services provided directly to the individual by the VR counselor and documentation of services provided by other DBVI staff.
Pre-Employment Transition Services (Pre-ETS) provided by the VR counselor or other DBVI staff to individuals who are open with the VR program or who are potentially eligible (PE) must also be documented as an Actual Service in AWARE.
Adaptive Equipment or technology: Any object or system that is specifically designed for the purpose of increasing or maintaining the capabilities of people with disabilities. Adaptive technology would seldom be used by persons without disabilities.
Application for VR Services: The individual has completed and signed an agency application form or; Has completed a common intake application form in a One-Stop center requesting vocational rehabilitation services; or has otherwise requested services from the designated State unit; and Has provided to the designated State unit information necessary to initiate an assessment to determine eligibility and priority for services; and Is available to complete the assessment process.
Appropriate modes of communication: Specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed-captioned videos, specialized telecommunications services and audio recordings, Brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.
Assistive technology: 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 children with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such device.
Blind (As defined by federal regulations pertaining to the Vending Facility Manager’s Program): As determined by a person who has been determined by a physician skilled in diseases of the eye, or by an optometrist, whichever a person shall select, determined to have 1) Not more than 20/200 central visual acuity in the better eye with correcting lenses, or 2) An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20°.
Blind/Hard of Hearing: 1) Visual acuity not better than 20/200 central visual acuity in the better eye measured at 20 feet with correcting lenses (legally blind); 2) Visual acuity greater than 20/200 but with the widest diameter of the visual field in the better eye subtending an angle of no greater than 20 degrees, or a rapidly progressive eye condition which in the opinion of a qualified ophthalmologist will reduce distance vision to 20/200 or less or 20 degrees field of vision.3) Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or 4) Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation. 5) A 30-db. loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability. Individuals who have a 30-db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Clear and convincing evidence: The Vocational Rehabilitation Counselor has a high degree of certainty before they conclude that an individual is incapable of benefiting from services in terms of an employment outcome.
Communication: Refers to accurate and efficient transmission and/or reception of information, either verbally (spoken or written) or non-verbally
Comparable services and benefits: Services and benefits 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 the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment; and commensurate to the services that the individual would otherwise receive from the designated State vocational rehabilitation agency. For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.
Competitive integrated employment: 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 1) 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; 2) 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 is eligible for the level of benefits provided to other employees; and Is at a location; 1) Typically found in the community; and 2) 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 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.
Cost of attendance (COA) is the figure provided by colleges and/or college financial offices that estimates the total costs of attending that particular school for a period of one year. Included in the estimate are all reasonable expenses such as tuition, room and board, books and supplies, personal expenses and transportation.
Credential Attainment is the percentage of those participants enrolled in an education or training program (excluding those in OJT and customized training) who attained 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.
A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or its recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a recognized postsecondary credential within one year after exit from the program. A Recognized Postsecondary Credential is defined as a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree, as well as graduate degrees for purposes of the VR program as required by section 103(a)(5) of the Rehabilitation Act of 1973, as amended by Title IV of WIOA. A recognized postsecondary credential is awarded in recognition of an individual’s attainment of measurable technical or industry/occupational skills necessary to obtain employment or advance within an industry/occupation. These technical or industry/occupational skills generally are based on standards developed or endorsed by employers or industry associations.
Customized employment: Competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as 1) job exploration by the individual; 2) 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; representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and providing services and supports at the job location.
DeafBlind: Any individual who has a central acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both of these conditions; who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and for whom the combination of impairments cause extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining a vocation; who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives.
Developmental Courses are courses that a student may be required to successfully complete based on placement testing results. Developmental courses are designed to prepare students for college-level work. Developmental courses do not count for college credit and cannot be used for any degree or general education requirements
Disability Related Services (Post-Secondary Training) means reader services, interpreting services, assistive technology (AT), adaptive aids (including computers with purchased or installed AT) and other disability related services that are required in order for the student to participate in their academic program.
Educational Expenses means tuition, books and supplies, personal and miscellaneous costs, fees, transportation for educational purposes, and maintenance when applicable.
Eligibility Determination: A determination of eligibility for vocational rehabilitation services means; 1) it has been determined the applicant has a medically documented vision impairment, 2) it has been determined that the applicant's vision impairment constitutes or results in a substantial impediment to employment; 3) it has been determined that the applicant requires vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with the applicant's strengths, resources, priorities, concerns, interests, abilities, capabilities, and informed choice. Applicants who have a vision impairment constituting or resulting in substantial impediments to employment will be presumed able to benefit from VR services in terms of an employment outcome unless the counselor can demonstrate, based on clear and convincing evidence, that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of their disability.
Employment outcome: With respect to an individual, entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment (including customized employment, self-employment, telecommuting, or business ownership), or supported employment, that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice
Expected Family Contribution (EFC) is an amount that is calculated according to a formula established by the federal Department of Education. The amount is determined through the FAFSA application process. College financial aid staff use the EFC to determine how much financial aid a student would receive. The calculation includes the student (or family’s) taxed and untaxed income, assets, and benefits (such as unemployment or Social Security). Also considered are family size and the number of family members who will attend college or career school during the year.
Extended period of time: A period of six (6) months or longer from the date of the Individual Plan for Employment (IPE) and could include extended support services provided through another entity than DBVI.
Extended services: Ongoing support services and other appropriate services that are; 1) needed to support and maintain an individual with a most significant disability including a youth with a most significant disability, in supported employment; 2) organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment; 3) based on the needs of an eligible individual, as specified in an individualized plan for employment; 4) provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made the transition from support from the designated State unit FAFSA (Free Application For Federal Student Aid) is a form that can be prepared annually by current and prospective college students (undergraduate and graduate) in the United States to determine their eligibility for student financial aid. The FAFSA is used to apply for federal grants, loans, and work-study funds for the student. The FAFSA becomes available on October 1 and has an 18-month application cycle. It asks for financial and tax information from the prior year in order to determine aid eligibility.
Family member: For purposes of receiving vocational rehabilitation services means an individual who either; 1) is a relative or guardian of an applicant or eligible individual; or 2) lives in the same household as an applicant or eligible individual; 3) who has a substantial interest in the well-being of that individual; and 4) whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.
Full-time students: To be considered full-time in bachelor’s or associate degree programs, students must take 12 credit hours per semester. Students in a graduate degree programs who are taking 9 credit hours per semester are considered full time.
Functional Capacities: Refers to specific life activities such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills.
Good academic standing: For undergraduate students a minimum Grade Point Average (GPA) of 2.0. For graduate students, a minimum Grade Point Average (GPA) of 3.0.
Immediate need or risk: In the context of eligibility for job retention services outside of the Order of Selection, means:
Documentation and/or verbal communication from the employer or the individual indicates that the individual will lose their job within the near future (generally 30-60 days) without specific VR services, and/or;
A delay in the specific services the individual needs to maintain their current employment (based on the projected waiting list timeframe) will likely lead to a loss of employment.
Individual with a disability: An individual 1) Who has a physical or mental impairment that substantially limits one or more major life activities; 2) Who has a record of such an impairment; or 3) Who is regarded as having such an impairment.
Individual’s Representative: Any representative chosen by an applicant or eligible individual, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.
Informed choice: Informing each applicant and recipient of services (including students with disabilities who are making the transition from education programs to programs administered by DBVI, as well as youth with disabilities) and as appropriate, their representative, through appropriate modes of communication, about the availability of and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive other disabilities who require assistance in exercising informed choice throughout the vocational rehabilitation process.
Integrated Setting: With respect to the provision of services, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals; With respect to an employment outcome, means a setting 1) Typically found in the community; and 2) 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.
Interpersonal skills: The ability of the individual to interact in a socially acceptable and mature manner with co-workers, supervisors, and others to facilitate the normal flow of work activities.
Most Significant Disability (MSD): An individual is considered to be an individual with a Most Significant Disability when; 1) the individual meets the definition of an individual with a significant disability and; 2) the severe vision impairment and/or any secondary disabilities, “seriously limits” two or more life activities (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome and; 3) the individual's vocational rehabilitation must also be expected to require multiple core VR services over an extended period of time (6 months or longer).
Maintenance: Monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.
Measurable Skill Gains (MSG) is the percentage of participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving documented academic, technical, occupational, or other forms of progress, towards such a credential or employment (see 34 CFR §361.155(a)(1)(v)).
The MSG indicator is used to measure interim progress of participants who are enrolled in education or training services for a specified reporting period. Therefore, it is not an exit-based measure. Instead, it is intended to capture important progressions through pathways that offer different services based on program purposes and participant needs.
Merit-based financial aid is awarded in the form of scholarships or grants and is not awarded with regards to the student or family's financial circumstances. Merit-based aid is awarded based on academic performance or other talents or contributions, including academic, artistic, athletic, musical, and so on. Merit-based aid comes in the form of scholarships, awards, or grants. Many colleges offer an academic scholarship program.
It is common for colleges to look at the student’s GPA, class rank, and SAT scores when determining whether or not they qualify for this type of aid.
Mobility: The capability of moving efficiently from place to place.
Multiple vocational rehabilitation services: Two or more ongoing vocational rehabilitation services, such as guidance and counseling, placement assistance, and other services which address the serious limitations.
Need-based financial aid means grants, scholarships, work-study, or loans. Eligibility is based solely on the assets and income of the prospective student and his or her family. Factors such as test scores or athletic ability have no bearing on need-based aid. Need-based aid may come from a variety of sources, including the Federal government (Federal student aid is need-based), the school, the state (e.g., Virginia Commonwealth Award), or other organizations.
Ongoing Support Services;: Services that are; 1) nneeded to support and maintain an individual with the most severe disabilities in supported employment; 2) based on a determination by VR of the individual's needs as specified in an Individualized Plan for Employment (IPE); and 3) furnished by VR from the time of job placement until transition to extended services, except as provided in 34 § 363.4(c)(3) and, following transition, by one or more extended services providers throughout the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment. On-going support services must include, at a minimum, twice-monthly monitoring at the work site of each individual in supported employment to assess employment stability, unless under special circumstances, especially at the request of the individual, the IPE provides for off-site monitoring, and, based upon that assessment, the coordination or provision of specific services at or away from the work site, that are needed to maintain employment stability. If off-site monitoring is determined to be appropriate, it must, at a minimum, consist of two meetings with the individual and one contact with the employer each month. On-going support services consist of; 1) any particularized assessment needed to supplement the comprehensive assessment of rehabilitation needs; 2) the provision of skilled job trainers who accompany the individual for intensive job skill training at the work site; 3) job development and placement; 4) social skills training; 5) regular observation or supervision of the individual; 6) Follow-up services such as regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement; 7) Facilitation of natural supports at the worksite; 8) Any other service identified in the scope of rehabilitation services described in 34 CFR part 361; and 9) Any service similar to the foregoing services.
On-the-job training (OJT): In the context of vocational rehabilitation is a real work experience provided by an employer who hires the trainee as a bona fide employee receiving the same benefits as other employees. The Fair Labor Standards Act requires that the trainee’s wage be equal to or exceed whichever is greater: 1) the minimum entrance wage that particular employer pays inexperienced workers in the same occupation, or 2) the current federal minimum wage.
Paid or Unpaid Work Experiences: A temporary position with an emphasis on on-the-job training rather than merely employment, and it can be paid or unpaid. While paid/unpaid work experiences have been traditionally targeted for students, other non-students may also benefit from a paid or unpaid work experience Part-Time Student: Students who take fewer than 12 credit hours per semester will be considered part-time students.
Personal assistance services: 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; 1) 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; 2) designed to increase the individual's control in life and ability to perform everyday activities on or off the job; 3) necessary to the achievement of an employment outcome; and 4) provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services. .
Physical or mental impairment: 1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or 2) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Physical and mental restoration services: Means 1) corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; 2) diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws; 3) dentistry; 4) nursing services; 5) necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; 6) drugs and supplies; 7) prosthetic and orthotic devices; 8) eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws; 9) Podiatry; 10) physical therapy; 11) occupational therapy; 12) Speech or hearing therapy; 13) mental health services; 14) treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; 15) special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and 16) other medical or medically related rehabilitation services.
Post-employment services: Services that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Pre-Employment Transition Services: Pre-employment transition services are designed to help students with disabilities to begin to identify career interests that will be further explored through additional vocational rehabilitation services, such as transition services. Pre-employment transition services are available only to students with disabilities, including students with disabilities who are potentially eligible for VR services.
Pre-Employment Transition Services (Required Services): 1) job exploration counseling; 2) work-based learning experiences, which may include in-school or after school opportunities or experience outside the traditional school setting (including paid and/or unpaid work experiences) that is provided in an integrated environment to the maximum extent possible; 3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; 4) workplace readiness training to develop social skills and independent living; and 5) instruction in self-advocacy, which may include peer mentoring.
Pre-Employment Transition Services (Authorized Activities): If funds are available and remaining after the provision of the required activities (from the 15% required reserve allotment for pre-employment transition services), authorized services may be provided, arranged or coordinated by the VR counselor to improve the transition of students with disabilities from school to postsecondary education or an employment outcome by; 1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces; 2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary educational experiences, and obtain and retain competitive integrated employment; 3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; 4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section; 5) coordinating activities with transition services provided by local educational agencies under the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.); 6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section; 7) developing model transition demonstration projects; 8) establishing or supporting multistate or regional partnerships involving states, local educational agencies, designated state units, developmental disabilities agencies, private businesses, or other participants to achieve the goal of this section; and 9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally un-served populations.
Potentially eligible means: For purposes of pre-employment transition services, all students with disabilities, regardless of whether they have applied for or been determined eligible for the VR program.
Rehabilitation technology: 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.
Schedule A: Federal Government hiring authority in order to hire individuals with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. This excepted authority is used to appoint persons with severe physical disabilities, psychiatric disabilities, and intellectual disabilities. Such individuals may qualify for conversion to permanent status after two years of satisfactory service. Severe physical disabilities include but are not limited to blindness, deafness, paralysis, missing limbs, epilepsy, dwarfism, and more. Standard Form (SF) 256 provides a more specific list and information regarding the targeted disabilities.
Schedule A (Hiring readers, interpreters, and personal assistants) This excepted authority is used to appoint readers, interpreters, and personal assistants for employees with severe disabilities as reasonable accommodations.
Sectarian colleges and universities: Sectarian means existing primarily for the purposes of providing religious training or theological education, rather than collegiate or graduate education (per Phan v. Virginia 806 F.2d 516 4th Circuit, 1986).
Self-care: The skills necessary to fulfill basic needs such as those related to health, safety, food preparation and nutrition, hygiene and grooming, and money management
Self-direction: Describes the capacity to organize, structure and manage activities in a manner that best serves the objectives of the individual
Self-employment: A work situation in which an individual works for himself instead of working for an employer that pays a salary or a wage. A self-employed individual earns his income through conducting profitable operations from a trade or business that he operates directly.
Seriously Limits: The individual’s disability (or disabilities) has a significant functional impact on their life activities.
Significant Disability: An individual is considered to be an individual with a Significant Disability (SD) when; 1) the severe vision impairment and/or any secondary disabilities, "seriously limits" one life activity (such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance or work skills) in terms of achieving an employment outcome; 2) the individual's vocational rehabilitation must also require multiple core VR services over an extended period of time (minimum of six months) Student Aid Report (SAR) is a paper or electronic document that gives the student some basic information about their eligibility for federal student aid as well as listing the student’s answers from the FAFSA application. The Expected Family Contribution (EFC) is included on the SAR.
Student with a Disability: An individual with a disability who; 1) is still enrolled in secondary or enrolled in educational programs outside secondary school, including post-secondary education programs and has not exited, graduated or withdrawn; 2) is at least 14 years old but less than 22; or is still receiving services under the Individuals with Disabilities Education Act (IDEA) and is not older than the maximum age established by the Virginia Department of Education; and 3) and has a disability (i.e. receives services under an Individual Education Plan (IEP) or 504 Plan; or has a disability for purposes of section 504, or is otherwise determined to be an individual with a disability.
Substantial impediment to employment: A physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.
Supported Employment: Competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, or individuals with the most significant disabilities for whom competitive integrated employment has not historically occurred; or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition to competitive integrated employment in order to perform the work involved.
Supported Employment services: Services that consist of on-going support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that; 1) Are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; 2) Are based on a determination of the needs of an eligible individual as specified in an individualized plan for employment; and 3) Are provided by VR for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (Per CFR 363.54(iii)) Transportation: Travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems Transition services: A coordinated set of activities for students designed within an outcome-oriented process promoting movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student’s needs, considering the student’s preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student’s Individualized Plan for Employment (IPE); that includes outreach to and engagement of parents or, as appropriate, the representatives of students or youth with disabilities. (34 CFR 361.5 (a)(55))
Trial Work Experiences: An exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination. Trial work experiences include supported employment, on-the-job training, and other experiences using realistic integrated work settings.
Vision Impairment (Vocational rehabilitation eligibility determination): 1) The individual has a vision impairment that results in functional limitations related to obtaining, regaining, or maintaining employment, and causes the individual to require the specialized services available through DBVI, or 2) The individual has a rapidly progressive eye condition which, in the opinion of a qualified ophthalmologist, will cause the individual to experience functional limitations related to obtaining, regaining, or maintaining employment and causes the individual to require the specialized services available through DBVI, or 3) The individual is in a situation where eye treatment and/or surgery are recommended and there are functional limitations in performing employment duties.
Vision Impaired/Deaf: 1) Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70 degree horizontal field; 2) Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI; 3) Is unable to hear or understand speech, is unable to follow conversations unless facing speaker, due to the vision loss is unable to lip read conversation even when facing the speaker, may rely on sign language, sign language interpreters as their first choice for communication access with hearing people, have been identified in the past as being oral deaf or late deafened adults and now would also include many deaf individuals who use cochlear implants and/or English based sign language.
Vision Impaired/Hard of Hearing: 1) Visual acuity greater than 20/200 (i.e. better vision) but less than 20/70 (i.e., worse vision) in the better eye with best correction or less than a 70 degree horizontal field; 2) Visual acuity between 20/100 and 20/200 vision in the better eye with best correction if the person has been unable to adjust satisfactorily to the loss of vision and if it is felt that the person needs the specialized services available through DBVI; 3) Primarily uses remaining residual hearing which allows the individual to hear and understand speech with little or no visual input, or 4) Depends on auditory input aided by hearing aids and/or assistive listening technology and often relies on visual cues such as speech reading, body language or text translation. May use sign language for communication; 4) A 30 db. loss or greater (or a speech discrimination score of 75 percent or less) can be severe enough to constitute a disability. Individuals who have a 30-db loss as derived from computing the Pure Tone average 500, 1000, 2000, 3000, Hertz may experience difficulties with aural communication, which may cause a substantial impediment to employment.
Vocational evaluation: A comprehensive process of vocational exploration and assessment designed to assist individuals in identifying their vocational options.
Relevant vocational information is gathered through the administration and interpretation of a broad assortment of evaluation instruments and processes including psychometric tests, commercial work sample systems, and situational assessments.
More specifically, vocational evaluation services are provided to assist individuals with disabilities to identify and explore their career interests, aptitudes, and skills and formulate immediate and long-term work/career goals.
Weekly Earnings at Employment is the amount of money (to the nearest dollar) the individual earned in a typical week after achieving an employment outcome consistent with the employment goal on an individual’s IPE at the time the service record was closed and includes all income from wages, salaries, tips, and commissions received as income before payroll deductions of Federal, State, and local income taxes and Social Security payroll tax.
Work tolerance: The ability to carry out required physical and cognitive work tasks in an efficient and effective manner over a sustained period of time.
Work skills: The specific job skills required to carry out work functions as well as the capacity for an individual to benefit from training in these work functions
Youth with a Disability: An individual with a disability who; 1) is not younger than 14 years of age; and 2) is not older than 24 years of age.
Executive Summary
The enhanced compliance analysis of Department for the Blind and Vision Impaired guidance documents has achieved an overall reduction of 18.1% across 8 documents.