RSA 17 Reporting
- Line 39-h addresses services to groups. What are examples for establishment, development, or improvement of assistive tech 362.49(a)(8)?
- Line 39-I addresses services to groups. What are examples for support for advanced training 362.49(a)(9)?
Line 39-h addresses services to groups. What are examples for establishment, development, or improvement of assistive tech 362.49(a)(8)?
Answer: To find the answer to this question, you want to turn to the Notice of Proposed Rule Making page 21083 in the Federal Register from April 16, 2015.
§ 361.49(a)(8) is the statutory authority for VR agencies to provide assistive technology-related services for the benefit of groups of individuals with disabilities. VR agencies may establish, develop, or improve assistive technology programs. This authority expands access to assistive technology for individuals with disabilities and employers in recognition of the critical role it plays in the vocational rehabilitation and employment of individuals with disabilities.
This authority should be implemented in a manner that is consistent with the authority to establish, develop, or improve a community rehabilitation program in proposed § 361.49(a)(1) in that the services provided under this authority should be limited to applicants and eligible individuals receiving VR services. In so doing, this authority is used in coordination with, rather than to supplant, the activities otherwise provided under the Assistive Technology Act of 1998.
The assistive technology services provided under this authority would be distinguished from those provided under proposed § 361.48(b), which are individualized and provided pursuant to an individual’s plan for employment. The assistive technology services provided under § 361.49(a)(8) are for the benefit of a group of individuals and are not tied to the individualized plan for employment of any one individual. For example, a DSU may, in coordination with the State’s assistive technology grant program, use VR funds to support an assistive technology lending library in proportion to the benefit received by applicants and eligible individuals. Once an eligible individual needs a specific assistive technology device to participate in VR services or the employment outcome, the DSU could provide the device as an individualized service under an individualized plan for employment pursuant to proposed § 361.48(b).
Line 39-I addresses services to groups. What are examples for support for advanced training 362.49(a)(9)?
Answer: To find the answer to this question, you want to turn to the Notice of Proposed Rule Making page 21083 in the Federal Register from April 16, 2015.
§ 361.49(a)(9) is statutory authority for VR agencies to provide support for advanced training in a manner that benefits groups of eligible individuals. Before WIOA was enacted, a DSU could provide this service only on an individualized basis, pursuant to an individual’s individualized plan for employment, in accordance with proposed § 361.48(b), which remains unchanged in this context.
This authority is in addition to that provided under proposed § 361.48(b) and is not intended to replace such services as being provided on an individualized basis. Under this authority, VR agencies may provide support services to eligible individuals who meet specific criteria and are pursuing advanced training in specific fields, as a service for the benefit of a group of individuals with disabilities. Examples of when a DSU may consider providing such support services, not directly related to an individualized plan for employment, could include the enrollment of multiple students determined eligible for VR services in the same training, or the development and implementation of specific programming for eligible individuals with an institution of higher education or community provider.
Furthermore, VR agencies could consider establishing a scholarship fund for advanced training in science, technology, engineering or mathematics (STEM) or other fields as described in section 103(b)(9) of the Act. These funds may support the costs of graduate level training not covered by any other source for those services, including support provided by the VR program under proposed § 361.48(b). If a DSU establishes such scholarships, it should consider establishing criteria governing the receipt of such support, including merit and other competitive criteria.
DSUs should continue to provide any individualized advanced training support that an eligible individual requires in order to achieve an employment outcome in competitive integrated employment, and that is consistent with the individual’s plan for employment, under proposed § 361.48(b), not under the services to groups authority discussed here. For that reason, we believe there would only be limited circumstances in which it would be appropriate for a DSU to provide support for advanced training under proposed § 361.49(a)(9). Given that this service may be provided as either an individualized service under proposed §§ 361.48(b) or 361.49(a)(9), DSUs would have to keep in mind the distinctions between the two different authorities to ensure proper implementation and record-keeping for reporting purposes.