From: Kelly Pierce 
Subject: big policy change on training choices for vr clients
Last week the U. S. Department of Education issued a policy directive
that reverses federal policy on which vocational goals are acceptable for
a state vr agency to fund.  Previously, federal policy allowed state
agencies to deny funding for advanced degrees if the person could obtain
an entry level job of any kind or if the local labor market could not
support the individual.  In this way, rehabilitation counselors were able
to deny blind persons the ability to major in technology related fields
or those in math, science, or engineering.  the vr agency now has to
prove through the client's actual preformance that he or she is
completely unsuited for the particular career goal.  For those who are
already working, the end of this policy directive sets forth the terms in
which someone could use vr services for job promotion or job retention,
such as those employed as computer operators and want to work in a job
that better uses his skiils and talents.  for those who are being told
that they cannot major in this or receive funding to be trained in that,
download this 20 year about face in policy and show it to your vr counselor.
kelly
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND
  REHABILITATIVE SERVICES
REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC 20202
                                   POLICY DIRECTIVE
                                   RSA-PD-97-04
                                   RSM-2035
                                   DATE:  August 19, 1997
ADDRESSEES:    STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)
            STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)
       STATE REHABILITATION ADVISORY COUNCILS
             CLIENT ASSISTANCE PROGRAMS
             REGIONAL REHABILITATION CONTINUING EDUCATION
                        PROGRAMS
             RSA SENIOR MANAGEMENT TEAM
SUBJECT   :    Employment Goal for an Individual with a Disability
BACKGROUND:    The purpose of this policy directive is to formally
rescind prior Rehabilitation Services Administration (RSA) issuance
1505-PQ-100-A regarding "suitable employment" and to describe the
standard for determining an employment goal for an individual with
a disability receiving services under the State Vocational
Rehabilitation (VR) Services Program.
     The purpose of Title I of the Rehabilitation Act of 1973, as
amended (the Act), which authorizes the State VR Services Program,
is "to assist States in operating a comprehensive, coordinated,
effective, efficient, and accountable program of vocational
rehabilitation that is designed to assess, plan, develop, and
provide vocational rehabilitation services for individuals with
disabilities, consistent with their strengths, resources,
priorities, concerns, abilities, and capabilities, so that such
individuals may prepare for and engage in gainful employment."
(o100(a)(2))
     The Act does not define the term "gainful employment", but
uses the term "employment objective" to describe the specific
planned employment goal identified in the Individualized Written
Rehabilitation Program (IWRP) for an individual with a disability
who is eligible under the State VR Services program.  Specifically,
the Act requires that the IWRP be designed to enable the individual
to achieve an "employment objective" that is consistent with the
individual's unique strengths, resources, priorities, concerns,
abilities, and capabilities (o102(b)(1)(B)(i)).  Other provisions
of the Act, as well as the Federal regulations implementing Title
I of the Act, use the term "vocational goal" to refer to the
planned employment goal for an eligible individual under the State
VR Services Program (e.g., o100(a)(3)(C) of the Act; Federal
regulations at 34 CFR o361.46(a)(1)).  For purposes of this Policy
Directive, the terms "employment objective", "vocational goal", and
"employment goal" are considered synonymous and are used
interchangeably.
     Formal Rescission of Policy Statement on "Suitable Employment"
     In 1980, the Acting Deputy Commissioner of RSA issued guidance
(1505-PQ-100-A) to RSA Regional Offices that identified "suitable
employment" as the standard for determining an appropriate
vocational goal for an eligible individual under the State VR
Services Program.  In both that document, and in a preceding RSA
guidance document (1505-PQ-100, issued in 1978), "suitable
employment" was described as "reasonable good entry level work an
individual can satisfactorily perform."
     Subsequently, the Rehabilitation Act Amendments of 1992 (1992
Amendments) revised the standard for determining an employment goal
for an individual with a disability receiving services under the
State VR Services Program.  The 1992 Amendments require that the
employment objective identified in an eligible individual's IWRP be
consistent with the individual's strengths, resources, priorities,
concerns, abilities, and capabilities.  Because guidance document
1505-PQ-100-A is more limited than this standard, it has been
superseded by the 1992 Amendments and is hereby rescinded.
Guidance document 1505-PQ-100 is also rescinded to the extent that
it identifies "suitable employment" as the appropriate standard for
determining a vocational goal for an eligible individual under the
State VR Services program.
     Establishing an Employment Objective under an IWRP
     The State VR Services program is designed to assist
individuals to obtain employment that is consistent with their
strengths, resources, priorities, concerns, abilities, and
capabilities (also referred to in this document as the
"individual's primary employment factors").  Designated State Units
(DSUs) conduct an individualized assessment of the VR needs of each
eligible individual to assist the individual in establishing in the
IWRP an appropriate vocational goal that is consistent with this
standard (o7(22); o102(b)(1)(A) and (b)(1)(B)(ii)).
     Given the emphasis that the Act places on informed choice,
DSUs must also ensure that the identified employment objective
reflects the individual's interests and informed choice to the
extent that those factors are consistent with the individual's
strengths, resources, priorities, concerns, abilities, and
capabilities.  In other words, the employment objective identified
in an individual's IWRP should reflect the individual's informed
choice if the individual is not currently employed consistent with
his or her primary employment factors, the individual possesses the
strengths, resources, priorities, concerns, abilities, and
capabilities needed for the employment goal, and such employment is
available under current labor market conditions.
     In many instances, DSUs should be able to determine whether an
individual's interests and informed choice are consistent with his
or her primary employment factors during the comprehensive
assessment of vocational rehabilitation needs.  In determining
whether the individual possesses the strengths, resources,
priorities, concerns, abilities, and capabilities needed to perform
the desired employment goal, the DSU may seek to acquire
performance-based information.  Performance-based information may
be sought during the comprehensive assessment (e.g., by conducting
situational assessments of the individual's performance in real
work settings) or by establishing discrete short-term objectives in
the IWRP (e.g., enrolling the individual in a training program for
a one-semester trial period or initially placing the individual in
a work setting with necessary supports on a trial-basis).  It
should be noted that some DSUs have successfully accommodated
individual choice through these and other strategies even in
situations in which it initially appeared that the individual was
incapable of performing the chosen goal.
     Although it is permissible to consider local labor market
conditions (i.e., job availability in the community) in determining
an individual's employment goal, local labor market factors cannot
by themselves be determinative of whether the individual's
employment goal is appropriate.  The fact that the local market for
the individual's desired employment goal (which is consistent with
the individual's primary employment factors) may be limited should
not affect the individual's pursuit of that goal through the
provision of VR services if the individual is willing to relocate
to a market in which the particular job is available.  On the other
hand, if there is a limited local market for the individual's
desired goal and the individual is unwilling to relocate, then
local labor market conditions become a relevant factor in
identifying employment options.
     The cost or the extent of VR services that an eligible
individual may need to achieve a particular employment goal should
not be considered in identifying the goal in the individual's IWRP.
For example, the fact that an employment objective may require an
advanced degree, whereas another may only require job retraining or
placement assistance, should not affect the determination of an
employment objective that is appropriate for the particular
eligible individual.  Once the employment goal is identified,
however, cost becomes a relevant factor in determining an
appropriate, cost efficient means of providing needed VR services.
In this regard, DSUs are authorized to employ cost efficiency
strategies that are consistent with federal law, such as financial
needs tests, and also are obligated to locate available comparable
services and benefits for certain VR services (34 CFR
oo361.53-361.54).
     Finally, entry-level employment is an appropriate employment
goal if the eligible individual is only capable of performing
entry-level work or if the individual chooses an entry-level job as
his or her employment goal.
     Career Advancement and Upward Mobility under the State VR
Services Program
     The guidance provided through this Policy Directive is
intended to correct the misperception that achievement of an
employment goal under Title I of the Act can be equated with
becoming employed at any job. As indicated above, the State VR
Services program is not intended solely to place individuals with
disabilities in entry-level jobs, but rather to assist eligible
individuals to obtain employment that is appropriate given their
unique strengths, resources, priorities, concerns, abilities, and
capabilities.  The extent to which State units should assist
eligible individuals to advance in their careers through the
provision of VR services depends upon whether the individual has
achieved employment that is consistent with this standard.
     The provision of VR services to an eligible individual who is
currently employed, but whose job is not consistent with the
individual's strengths, resources, priorities, concerns, abilities,
and capabilities, must assist that individual to obtain employment
consistent with the individual's primary employment factors and
informed choice.  Under such circumstances, VR services would be
provided for "career advancement" or "upward mobility" purposes.
Similarly, post-employment services are also available to assist
eligible individuals who have already become employed to advance in
employment (o103(a)(2)).
POLICY
STATEMENT:     The employment goal for an individual with a
disability receiving services under the State VR Services Program
(authorized by Title I of the Act) must be based, primarily, on the
individual's strengths, resources, priorities, concerns, abilities,
and capabilities.  The employment goal also must reflect the
individual's interests and informed choice to the extent that those
factors are consistent with the individual's strengths, resources,
priorities, concerns, abilities, and capabilities.  Factors such as
the local economy or local labor conditions (i.e., job availability
in the community) are external factors that may be considered, but
cannot by themselves be determinative of whether the employment
goal is appropriate.  These considerations apply to the development
of employment goals for both individuals who are not currently
employed and individuals who are seeking to advance in their
present careers.
CITATIONS
IN LAW:   Sections 2(b)(1); 7(22); 12(e)(2)(A) and (B);
100(a)(1)(F); 100(a)(2); 100(a)(3)(A) and (C); 101(a)(29);
102(a)(1); 102(b)(1)(B)(i) and (ii); and 103(a)(2) of the
Rehabilitation Act of 1973, as amended.
 EFFECTIVE
DATE:     Upon Issuance
EXPIRATION
DATE:     None
INQUIRIES:     RSA Regional Commissioners
                              _______________________
                              Fredric K. Schroeder
                              Commissioner
CC:  CSAVR
     NAPAS
     RSA Regional Offices
     (Regions II, IV, V, VIII, and X)
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