Here are some of the most frequently asked questions we receive about Pre-Employment Transition Services (Pre-ETS). These questions are organized into topic areas for easy browsing. You can explore the webpage by using the links to the right, or you can download a PDF version below.
Download the FAQs on Pre-ETS Services 9.18.23
If you have a question not included in the areas below, please feel free to ask us a question or leave a comment below.
Administrative
RSA evaluates a State’s compliance with the requirements of sections 110(d)(1) and 113(a) of the Rehabilitation Act by determining, based on a State’s matched funds, whether a State reserved and expended at least 15 percent of the State’s 4th quarter grant award amount or at least 15 percent of the amount of Federal funds that it had matched by the end of the Federal fiscal year of appropriation, whichever is less.
[Excerpt from the VR Grant Award Attachment RSA-VR-1, Pre-employment Transition Services] Section 19(a)(1) of the Rehabilitation Act permits a State to carry over into the subsequent Federal fiscal year (FFY) any grant funds that remain available at the end of the FFY in which the funds were awarded so long as the State provided the requisite match for those funds by the end of the FFY in which the funds were awarded (year of appropriation). Funds reserved for the provision of pre-employment transition services merely represent a percentage of the State’s VR allotment and, therefore, these funds must comply with all requirements governing the allotment, including requirements related to carry over of funds. This means that unobligated funds reserved for the provision of pre-employment transition services that have been matched by the end of the fourth quarter (9/30) of the year of appropriation may be carried over for obligation and expenditure during the subsequent FFY. Here is a link to the aforementioned GAN attachment: RSA-VR-1 — Pre-employment transition servicesPursuant to section 113(b) and (d) of the Rehabilitation Act and 34 CFR 361.48(a)(2) and (4), the State must use funds reserved in accordance with section 110(d)(1) of the Rehabilitation Act and 34 CFR 361.65(a)(3) to provide "required" pre-employment transition services and coordination activities related to those pre-employment transition services.
If funds remain after the provision of these services, the State may expend remaining reserved funds on those "authorized" pre-employment transition services described in section 113(c) of the Rehabilitation Act and 34 CFR 361.48(a)(3).
During the RSA regional trainings, it was clarified that required, authorized and pre-employment transition coordination activities may be provided or arranged for concurrently, so long as an agency can demonstrate that it identified the number of potential individuals eligible for pre-employment transition services, and the funds necessary to provide the required activities.
Pre-employment transition coordination activities are necessary for the implementation of such services and are not optional. Pre-employment transition coordination activities are very closely aligned with the coordination and provision of the actual "required" activities. Please see page 55695 of the preamble to the final regulations (pdf format) for a discussion of transition coordination activities.
Subminimum Wage
Pursuant to 34 C.F.R. § 361.22(b)(6), the formal interagency agreement between the State VR agency and State educational agency (SEA) must include an assurance that, in accordance with 34 C.F.R. § 397.31, neither the SEA nor the local educational agency (LEA) will enter into a contract or other arrangement with an entity, as defined in 34 C.F.R. § 397.5(d), for the purpose of operating a program under which a youth with a disability is engaged in work compensated at subminimum wage. Therefore, an assurance is required to be included in the SEA agreement; however, the agreement may reflect the State statute that abolished subminimum wage.
VR agencies are required to maintain written policies governing the nature and scope of the VR services specified in 34 C.F.R. § 361.48 and the criteria under which services are provided (34 C.F.R. § 361.50(a)), as well as the documentation procedures for youth with disabilities and individuals with disabilities prior to entering subminimum wage employment and during subminimum wage employment (34 C.F.R. part 397). Although subminimum wage may be abolished in a State, if an individual with a disability is present in that State and applies for VR services and determined eligible while employed in a neighboring State by a 14(c) entity; or, if an individual with a disability, including a youth with a disability, who is present in the State and applies for VR services and is subsequently determined ineligible because the individual is seeking subminimum wage employment in a neighboring State, so long as the individual with a disability is present in the State in which he or she applied for services, the VR agency must comply with the requirements in 34 C.F.R. part 397 and 34 C.F.R. § 361.55 and maintain policies and procedures specific to subminimum wage employment.
Allowable Costs
Guidance for charging costs toward the minimum 15% reservation of funds for pre-employment transition services is provided in accordance with the Notice of Interpretation (Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations) from RSA on additional flexibilities.
The following FAQs, when appropriate, will identify when the use of funds reserved under section 110(d)(1) of the Rehabilitation Act and 34 CFR 361.65(a)(3)(i) may be used to pay for those pre-employment transition services needed by eligible students with disabilities, plus any other VR service needed by those eligible students to benefit from pre-employment transition services in accordance with an approved IPE; and when funds may be used to pay for pre-employment transition services needed by those students with disabilities who have not yet been determined eligible for the VR program (i.e., potentially eligible students with disabilities).
Whether driver education may be considered to be within the scope of workplace readiness training (i.e., development of social skills and independent living) for the purposes of section 113(b) of the Rehabilitation Act and 34 CFR 361.48(a)(2) depends on the circumstances under which this service is provided to any student with a disability.
Consistent with the Federal cost principles at 2 CFR 200.403 through 200.405, costs incurred with the funds reserved under section 110(d)(1) of the Rehabilitation Act and 34 CFR 361.65(a)(3)(i) must be—
- Necessary for the provision or receipt of pre-employment transition services;
- Reasonable, that is, those that a prudent person would agree are necessary for the provision or receipt of pre-employment transition services; and
- Allocable, that is, those that benefit the provision or receipt of pre-employment transition services.
Thus, students with disabilities, regardless of whether they have been determined eligible or have an IPE, for example, who live in rural areas lacking public transportation, may need to learn to drive to enhance their independence and ability to explore a wider range of career options. Under this circumstance, it may be reasonable to determine that driver’s education would be within the scope of workplace readiness training as described in section 113(b) and 34 CFR 361.48(a)(2) and allocate the cost of this service to the funds reserved for the provision of pre-employment transition services.
- However, some students with disabilities may require more advanced driver’s education to obtain employment involving public or commercial transportation (e.g., bus or commercial truck driver).
It would not be reasonable to conclude that this advanced driver’s education is within the scope of pre-employment transition services as workplace readiness training when students have chosen a specific career for which advanced driver’s education and a special driver’s license is required. Rather, such a service would be considered a job training service provided pursuant to section 103(a)(5) of the Rehabilitation Act and 34 CFR 361.48(b)(6). Under this circumstance, this service must be provided using funds for other VR services (i.e., funds not reserved for the provision of pre-employment transition services) to support the eligible student with a disability’s specific employment goal under an approved IPE.
a. sub question to the driver training as part of workplace readiness training.
- Would the learner’s permit fees and driver license fees be allocable to the pre-ets reserve when driver training is being provided as part of workplace readiness training?
Response: If a State charges fees to obtain a learner’s permit or driver’s license, VR agencies may pay these fees, in limited circumstances, for VR eligible students under an IPE, who are unable to participate in pre-employment transition services without their driver’s license, when there is a lack of available public transportation. However, factors that should be considered before paying such fees include: the reasonableness of cost, cost allocation, expedience in meeting the need to access pre-employment transition services, and all viable alternatives (e.g., ride share, accessible transit systems for persons with disabilities, hiring a driver, Uber, Lyft, etc.).
ii. Would the provision of and cost of driving assessments and/or adaptive driver assessments/training for students with disabilities who may need those additional supports and services be allowable and allocable to the funds reserved for pre-ets when necessary for the student to participate in pre-ets?
Response: If a student needs individualized VR services, including driving assessments, adaptive driving assessments/training or vehicular modifications to participate in pre-employment transition services, they would need to apply and be determined eligible for VR services, to receive such individualized VR services under an approved IPE. These individualized VR services could be charged to the reserve, if needed to participate in pre-employment transition services, and provided to VR eligible students under an IPE. There may be reasonable cost and cost allocation considerations that must be applied to each individual situation. Again, alternative modes of transportation (e.g., accessible transit systems or shared ride services that are equipped to serve individuals with mobility impairments), should be considered.
Family engagement is very important to the success of a student, as such, examples were provided in the NOI in order to support a student’s participation in pre-employment transition services. VR agency staff may work with Parent, Training and Information Centers, funded through the U.S. Department of Education, as well as local educational agencies to provide programming to parents, including how to support their students through self-advocacy, fostering independence and exploring career aspirations. VR agencies may also provide pre-employment transition services-specific presentations and trainings to students accompanied by their parents and families directly through State VR agency staff.
Instruction to persons supporting students with disabilities may be provided under authorized activities, if the agency has funds available and remaining to engage in authorized activities. This could then be charged to the funds reserved for the provision of pre-employment transition services and would be reported on the RSA-17.
VR agencies may arrange for general-transition related presentations to students and youth, regardless of whether they have applied for VR services, under the services to groups authority in 34 C.F.R. § 361.49(a)(7) using VR funds, and would be reported on the RSA-17.
Pursuant to 2 C.F.R. §§ 200.403 through 200.405, DSUs may use the funds reserved under Section 110(d)(1) of the Rehabilitation Act and 34 C.F.R. § 361.65(a)(3)(i), to pay for the cost of rehabilitation technology that is necessary for a VR-eligible student to participate in and benefit from pre-employment transition services, including for example, instruction in self-advocacy under an approved IPE.
If a State VR agency projects that it will have reserve funds available and remaining after providing all necessary required pre-employment transition service activities, it may establish a loaner library as an authorized activity.
In light of the additional flexibilities permitted through the Notice of Interpretation: Pre-Employment Transition Services Flexibility Regarding the Use of Federal Vocational Rehabilitation Funds issued on February 27, 2020, Sections 103(a)(7) and (8) of the Rehabilitation Act and 34 C.F.R. § 361.48(b)(7) and (b)(8) permit maintenance and transportation payments, respectively, to eligible individuals with disabilities throughout the VR process, including the early stages in the continuum of VR services. It is reasonable that students with disabilities may incur additional costs that are within the scope of maintenance services (e.g., clothing, a talking alarm clock) and transportation services (e.g., bus, rail, or cab fare), and that are necessary to participate in pre-employment transition services. Therefore, to the extent an eligible student with a disability needs maintenance or transportation in order to benefit from pre-employment transition services in accordance with an approved IPE, then such services would fall within the nature, scope, and purpose of pre-employment transition services and could be charged to the reserve (e.g., through a stipend).
However, it is not reasonable to provide maintenance and transportation to all students with disabilities. DSUs must ensure that the costs incurred for maintenance and transportation are reasonable and allocable to the pre-employment transition services reserve if and only if they allow eligible students with disabilities to participate in pre-employment transition services or other VR services necessary for such students to benefit from pre-employment transition services. Maintenance and transportation services provided in connection with VR services that the student may concurrently be receiving while in receipt of pre-employment transition services may not be charged to the pre-employment transition services reserve.
VR services are individualized in nature and scope. Therefore, there are a number of client-specific scenarios for VR agencies to consider before determining the allowability of expenditures for internet services, some of which are covered above. If a VR-eligible student with a disability does not have internet access and needs the internet to participate in pre-employment transition services, then internet services can be provided under an IPE as a VR service to support the provision of the pre-employment transition service (per the Notice of Interpretation: Pre-Employment Transition Services Flexibility Regarding the Use of Federal Vocational Rehabilitation Funds issued on February 27, 2020), and charged to the funds reserved for the provision of pre-employment transition services. However, if a student is a potentially eligible student or does not have an IPE, then the service cannot be provided to the individual and charged to the funds reserved for the provision of pre-employment transition services.
In general, internet services are not auxiliary aids or services. However, if a student with a sensory or communicative impairment needs internet services to access interpreter services, during the period of time he or she is participating in pre-employment transition services, internet services may be allowable, if correctly allocated.
The purchase of internet services to increase student access to and participation in remote pre-employment transition services (e.g., job exploration counseling, workplace readiness training, counseling on enrollment opportunities in comprehensive transition and postsecondary educational programs at institutions of higher education (IHEs), work-based learning experiences and instruction in self-advocacy), may or may not fall within the scope of pre-employment transition services. The answer will depend on case specifics and the purchase of internet services may be allowable in some scenarios, and not others. In the following paragraphs, technical assistance is provided based on plausible situations that VR agencies will need to address on a case-by-case basis. To clarify, in all cases, the provision of internet services would not be auxiliary aids, unless a student with a sensory or communicative impairment needs internet services to access interpreter or reader services during the period of time the student is participating in pre-employment transition services.
If the purchase of internet service is provided to a student with a sensory or communicative impairment in order to access pre-employment transition services, it could be provided as an auxiliary aid or service, and as such, could be charged to the funds reserved for the provision of pre-employment transition services. It must meet the criteria for an auxiliary aid or service and must only be provided to those with sensory and communicative disabilities. However, if a VR agency purchases devices (similar to purchasing a supply of iPads) to be used when providing pre-employment transition services generally for students who do not have sensory or communicative disabilities, then this would be an administrative cost of the agency and could not be charged to the funds reserved for the provision of pre-employment transition services.
VR agencies will need to develop and maintain written policies covering the nature and scope of each of the VR services specified in 34 C.F.R. § 361.48, including pre-employment transition services, and the criteria under which each service is provided (34 C.F.R. § 361.50). If the purchase of internet services for students with disabilities is an IPE service or auxiliary aid or service for students with sensory and communicative disabilities to access pre-employment transition services, the VR agency will need to ensure that it is only paying for the internet services used by students to engage in pre-employment transition services, not for other purposes or family members. All costs must be reasonable, allocable, and allowable.
Yes, "travel training" would be appropriate under the required activity of workplace readiness training. Travel training is similar to Orientation & Mobility (O&M) training in that O&M is a service provided to individuals who are blind or visually impaired, while travel training is provided as a similar service to other individuals with disabilities who may need this type of training.
Examples of travel training may include the preparation of a student with a disability to travel independently in their home, community, college, work based learning site, etc.
As states are looking at the services provided in a Project Search program, they must analyze each activity and cost to see if it fits within the scope of the five required pre-employment transition services and whether or not each service within the Project Search site aligns, and the service is solely provided to students with disabilities meeting the definition. If a service within the Project Search site aligns with one of the five required services and is provided solely to students with disabilities, then the cost of that service may be charged to the funds reserved. The site licensing fee would not be an allowable cost to charge to the funds reserved for pre-employment transition services because that would be considered an administrative cost, which cannot be charged to the funds reserved. One example of a cost that may be allowable would be for an onsite worksite trainer who would be providing general workplace instruction.
As noted in the Notice of Interpretation (,Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations page 11855), with respect to those services in section 103(a) of the Rehabilitation Act that fall within the nature, scope, and purpose of pre-employment transition services described in section 113(b) and 34 CFR 361.48(a)(2), the Secretary notes that section 103(a) is not an exhaustive list of services (34 CFR 361.48(b)(21)).
DSUs may provide any service that an eligible individual needs to achieve an employment outcome in accordance with an approved IPE. In the context of pre-employment transition services, one such service is coaching services for eligible students with disabilities participating in work-based learning experiences under section 113(b)(2) and 34 CFR 361.48(a)(2)(ii). These coaches perform similar functions as job coaches do in supported employment settings by assisting the eligible student with a disability to perform the tasks assigned during the work-based learning experiences. While these particular coaching services are not specifically listed in section 103(a), they would be considered allowable VR services under section 103(a) and 34 CFR 361.48(b)(21) if needed by an eligible student with a disability, in accordance with an approved IPE, to participate in pre-employment transition services.
Given that pre employment transition services are among the earliest sets of services available to students with disabilities, it is reasonable to expect that these eligible students may need extra assistance through coaching services to participate in these activities. In such circumstances, these coaching services clearly fall within the nature, scope, and purpose of pre-employment transition services, particularly work-based learning experiences under section 113(b)(2) and 34 CFR 361.48(a)(2)(ii), and, thus, would be allocable to those services
Please reference this FAQ – Project Search: Measurable Skill Gains (MSG) for additional guidance regarding how Project Search activities may count as Measurable Skill Gains for RSA 911 reporting.
Please reference the Notice of Interpretation (page 11852)
- Eligible students with disabilities in accordance with an approved IPE:
- Yes, given that the purpose of assessment services under section 103(a)(1) and 34 CFR 361.48(b)(2) is to determine the VR needs of individuals with disabilities, it is reasonable that an eligible student with a disability would need further assessment services while engaging in any of the pre-employment transition services set forth at section 113(b) and 34 CFR 361.48(a)(2) to fully benefit from those activities.
- Potentially eligible students with disabilities:
- No, DSUs may only provide interest inventories as a pre-employment transition service under job exploration counseling. Assessments other than interest inventories would not be allowable expenditures as a required, authorized or coordination activity under pre-employment transition services for potentially eligible students with disabilities.
- An assessment to determine whether or not a potentially eligible student with a disability meets the definition of a "student with a disability" is beyond the scope of pre-employment transition services described in section 113 of the Rehabilitation Act and 34 CFR 361.48(a) of its implementing regulations. Therefore, costs for such assessments could not be paid with funds reserved for the provision of pre-employment transition services. However, the DSU could perform these assessments, if the student were to apply for VR services, pursuant to section 103(a) of the Rehabilitation Act and 34 CFR 361.48(b) with other VR funds.
As clarified in the preamble to the final regulations, travel costs incurred directly as a result of providing VR services constitute service-related costs, not administrative costs for the purposes of the VR program. As such, VR agencies may use funds reserved for the provision of pre-employment transition services to pay for those travel costs incurred as a direct result of providing pre-employment transition services, including lodging and meals if necessary to directly provide pre-employment transition services to students with disabilities that are proportional to the time spent directly providing or arranging for the provision of pre-employment transition services. However, to the extent the VR counselor or partner is performing other duties as well, the VR agency is not permitted to charge the portion of travel costs, etc., for those other activities, to the funds reserved for the provision of pre-employment transition services. Therefore, when considering whether the VR counselor or partner is only providing pre–employment transition services to students with disabilities, it is important to consider that a student receiving pre–employment transition services may also be receiving other VR services (other than pre–employment transition services) and as such, would be under a different cost objective and such costs would not be permissible with the funds reserved for the provision of pre–employment transition services.
It is also important to note that VR agencies are not permitted to pay any administrative costs, as defined in section 7(1) of the Rehabilitation Act and §361.5(c)(2)), such as the salaries for the VR counselor’s clerical assistant or supervisor, with the funds reserved for the provision of pre-employment transition services. Any administrative costs that are associated with a contracted partner or trainer, who does not directly provide pre-employment transition service required activities, but arranges for the provision of those services, may not be paid with funds reserved for the provision of pre-employment transition services.
If the partner providing the training is not a VR counselor, but is a contracted position, it will be important for VR agencies to require the partner or trainer, as part of the contract, to maintain proper internal controls to ensure the proper accounting of the individual’s time in order to ensure accurate cost allocation and accounting of funds.
Finally, while section 110(d)(2) of the Act and §361.65(a)(3)(ii)(B) restrict pre-employment transition services reserve funds from being used to pay for administrative costs associated with the provision of such services or any VR service, this provision is not applicable to contracts for the direct provision of purchased pre-employment transition services. Therefore, administrative costs associated with the direct provision of required pre-employment transition services purchased through a contract, which are reasonable, necessary and allocable to the provision of the required activities, may be paid with reserve funds.
As noted in the Notice of Interpretation (Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations page 11853), It is reasonable that an eligible student with a disability who is participating in pre-employment transition services could incur additional costs to participate in pre-employment transition services (e.g., purchase of required clothing for a work-based learning experience under section 113(b)(2) and 34 CFR 361.48(a)(2)(ii)
Additionally, it is permissible for VR agencies to reimburse an employer for costs incurred to provide a work-based learning experience, or to pay 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 (RSA regional training slide 23). Furthermore, clarification was provided during the RSA regional trainings that should a student with a disability need more individualized transition services, VR services or supportive services under section 103(a) of the Rehabilitation Act and §361.48(b), he or she would need to apply for and be determined eligible for VR services, and have an approved IPE to receive those services funded with non-reserved title I funds. As such, an individual would need to apply for and be eligible for VR services in order to receive these items because such costs would constitute "maintenance," which is an individualized service that must be provided in accordance with an IPE pursuant to section 103(a) of the Rehabilitation Act and 34 CFR 361.48(b). "Maintenance," as a VR service, goes beyond the scope of the provision of the work-based learning opportunity as a pre-employment transition service.
The portion of a transition coordinator's time that is spent on directly providing or arranging for the provision of pre-employment transition services, is an allowable expenditure from the funds reserved for the provision of pre-employment transition services.
However, no administrative costs (as defined in section 7(1) of the Rehabilitation Act and 34 CFR 361.5(c)(2)) or other services could be paid with the funds reserved for the provision of pre-employment transition services.
Transition coordinators performing other duties will not be able to charge time and costs for those other activities to the funds reserved for the provision of pre-employment transition services. It will be important for the DSU to maintain proper internal controls to ensure the proper accounting of the individual's time in order to ensure accurate cost allocation and accounting of funds.
As noted in the Notice of Interpretation (,Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations page 11850), Because auxiliary aids and services necessary for students with disabilities to access or participate in pre-0employment transition services are an allowable cost, DSUs may use funds reserved for providing pre-employment transition services to pay for those auxiliary aids and services for any student with a disability who needs them, regardless of whether they have applied and been determined eligible for VR services. For example, for a student who is deaf, DSUs could purchase interpreter services or video based telecommunication products to ensure access to information and activities related to job exploration counseling or other pre-employment transition services.
For information regarding how to report these services in the RSA 911 please refer to the RSA issued guidance on April 13, 2020 entitled: Pre-ETS FAQs related to RSA-911 Data Collection and Reporting
Contracting for the provision of pre-employment transition services
Before providing “authorized” pre-employment transition services, the State VR agency must determine whether it has reserved enough funds to provide “required” services and “coordination” activities to all students with disabilities needing pre-employment transition services.
Furthermore, there are certain “coordination” activities (e.g., participation in IEP meetings) that fall under the non-delegable functions of the designated State unit and cannot be delegated to vendors to perform through contracting.
State VR agencies that reimburse vendors for actual costs through contracts must be able to account for the contract expenditures in a manner that permits them to report per-student expenditures on the RSA-911. For example, if a State VR agency’s contract includes reimbursement of actual vendor expenses and includes the provision of “required,” “coordination,” and “authorized” pre-employment transition service activities, the State VR agency must ensure there is sufficient information from the vendor to permit allocation of the contract costs to the appropriate service categories (i.e., “required,” “authorized,” or “coordination” pre-employment transition services) for reporting purposes.
Since only the actual contract expenditures associated with the direct provision of “required” pre-employment transition services are reported on a per-student basis on the RSA-911, the State VR agency must be able to differentiate those costs from the costs associated with the provision of pre-employment transition “coordination” and “authorized” activities. Therefore, the VR agency must receive data from the vendor regarding each of the categories of pre-employment transition services provided during the billing period, as well as a breakdown of the students who received such services, in order to report the requisite data.
Continuing with the example above, if the State VR agency has contract expenditures in one month of $10,000, and 75 percent of the services provided under the contract were for “required” pre-employment transition services and 25 percent were for pre-employment transition “coordination” and “authorized” activities, the VR agency could assign $7,500 to “required” pre-employment transition service expenditures.
For RSA-911 reporting purposes, the $7,500 in contract “required” pre-employment transition service activity expenditures must be further disaggregated to permit reporting of the costs on a per-student basis for each “required” activity received. In order to accomplish this, the VR agency must receive data from the vendor regarding each of the “required” pre-employment transition services activities provided to the individual during the billing period. This is necessary to ensure the pre-employment transition services reported as provided on the RSA-911 are the same services that were provided by the vendor and, therefore, the costs are assigned to the correct service. Similarly, State VR agencies that use fee-for-service processes must ensure the pre-employment transition service expenditures reported on the RSA-911 are only for “required” pre-employment transition services and are reported on a per-student basis.
- A fee-for-service payment structure provides a more streamlined way to track the data required as indicated above. It also reduces the time and effort involved in monitoring the provision of services under the contract. The agency would need to document the process used to determine the rates paid for the services were reasonable and determined in accordance with the agency’s policy for setting rates for services.
- Reimbursement for actual contract expenses (e.g., line-item budgets) incurred in the provision of pre-employment transition services requires significantly more detailed contracts. For example, if the VR agency is paying for personnel expenditures through the contract, the contracts would need to include each position’s education and training requirements, the VR specific services being provided by position, the amount of time allocated, by position, to the provision of VR services, how the time worked, specific to the VR services, will be tracked and reported to the VR agency, the amount payable for personnel fringe benefits, etc. The agency should follow its policy for determining rates of payment to ensure that all costs are allowable, allocable and reasonable. All other costs would follow a similar process. For example, if space or utilities were included for reimbursement, how did the VR agency determine the portion of space costs to be charged to the VR program was proportional to the benefit received by the VR program and reasonable? Below are some additional considerations for using line-item budgets:
- The way the VR agency will monitor the line-item expenditures to verify, from source documentation, that the costs are allowable and reasonable to charge to the VR program must be included in the contract and implemented by the VR agency; and
- Contracts with line-item budgets must include performance goals to justify the overall cost of the contract is proportional to the benefit received. If the performance goal (e.g., serving X number of people) is not achieved, then provisions should be included in the contract to reduce contract expenditures to maintain proportionality. Determining the cost per individual and/or cost per service provided under the line-item contract may serve as a basis for comparison.
The considerations listed above do not include all the relevant requirements. Should a VR agency choose to proceed with contracting for the provision of pre-employment transition services, RSA highly recommends that you submit a copy of the draft contract to RSA for review and feedback. If requested, RSA is also available to provide additional technical assistance regarding the requirements through conference calls.
Data, Documentation and Reporting
On February 28, 2020, RSA published a NOI in the Federal Register to:
- Clarify current policy regarding the use of Federal Vocational Rehabilitation (VR) funds reserved for the provision of pre-employment transition services to pay for auxiliary aids and services needed by all students with disabilities in order to access or participate in required pre-employment transition services under section 113(b) of the Rehabilitation Act of 1973, as amended by WIOA; and
- Announce a change in policy with respect to additional VR services needed by eligible students with disabilities that may be paid for with Federal VR grant funds reserved for the provision of pre-employment transition services and the circumstances under which those funds may be used to pay for those additional VR services.
While VR agencies report the costs of all purchased services on RSA-911, RSA does not use RSA-911 data to track expenditures related to the reserve requirement for the provision of pre-employment transition services for students with disabilities. Instead, RSA uses fiscal data reported through the Annual Vocational Rehabilitation Program/Cost Report (RSA-2) to assess compliance with this requirement.
Consistent with RSA’s instructions to VR agencies prior to the NOI, if a VR agency provides auxiliary aids and services to a potentially eligible student with a disability, in support of one of the five required activities, the VR agency reports the auxiliary aid or service under the corresponding Data Element for that required activity.
- Example 1: The VR agency provides an auxiliary aid so that a potentially eligible student may participate in a Work-Based Learning Experience under pre-employment transition services. The VR agency reports this auxiliary aid using the appropriate Data Elements 103-106 for Work-Based Learning Experience as a pre-employment transition service.
If VR agencies provide auxiliary aids and services to students with disabilities, who have an IPE, to support the provision of a required activity, under pre-employment transition services, these auxiliary aids and services should be reported on the RSA-911 using the specific Data Elements for the auxiliary aid or service.
- *Example 2: The VR agency purchases Rehabilitation Technology to assist a student, who has an IPE, to participate in job-exploration counseling (one of the five required activities). The VR agency reports the provision of the Rehabilitation Technology using the appropriate Data Elements 301 through 307 and the provision of Job-Exploration Counseling using the appropriate Data Elements 97-100.
- *Example 3: The VR agency provides an in-house interpreter to a student, who has an IPE, to allow participation in workplace readiness training (one of the five required activities). The VR agency reports Interpreter Services using Data Elements 329-335, as appropriate, and the Workplace Readiness Training using the appropriate Data Elements 115-118.
For those VR services that may now count toward the reserve requirement, resulting from the change outlined in the NOI, the same reporting instructions for these VR services apply because the student has an IPE. Therefore, the specific VR service that supports the required activity, under pre-employment transition services, is reported using the appropriate Data Elements.
- *Example 4: The VR agency provides Transportation services to help a student, who has an IPE, attend self-advocacy training sessions (one of the five required activities). The VR agency reports Transportation using Data Elements 287-293, as appropriate, and the Instruction in Self-Advocacy using the appropriate Data Elements 121-124.
- *Example 5: The VR agency provides Maintenance to a student, who has an IPE, cover the cost of clothing so that the student may participate in a work-based learning experience (one of the five required activities). The VR agency reports Maintenance using Data Elements 294-300, as appropriate, and the Work-Based Learning Experience using the appropriate Data Elements 103-106.
*In Examples 2, 3, 4, and 5, all of these services – the pre-employment transition services and the VR services that support them – must be documented on the student’s IPE in accordance with 34 C.F.R. § 361.46.
Reporting Code 0 in DE 22 does not “exit” the case because potentially eligible SWD do not exit the VR program, like applicants, eligible individuals, and participants do. Reporting Code 0 in DE 22 means that the individual is no longer potentially eligible for Pre-ETS because he or she does not meet the definition of SWD. If the VR agency report Codes 1 (i.e., IEP), 2 (i.e., 504 Plan), or 3 (i.e., SWD Other) for DE 22 in Q1, but in Q2 they no longer meet the definition of a SWD (e.g., drops out of school), the agency reports Code 0 for DE 22 in Q2. Then the reporting of all DEs for that student stops in Q3. After the agency has stopped reporting the DE associated with that student, if the student later meets the definition of a SWD (e.g., re-enroll in an educational program) and starts receiving pre-ETS again (one of the five required activities), the VR agency is responsible for collecting and reporting all of the required potentially eligible DE, including DE 22, in a new case.
Unique Identifiers follow the individual. If a new case is opened, the Unique Identifier would remain the same.
Definitions
Yes, once a student has been determined eligible for VR services and an individualized plan for employment (IPE) is developed, each pre-employment transition service to be purchased for or provided to a student with a disability must be included on the IPE. In accordance with 34 C.F.R. § 361.46(d)(2)(ii), the IPE must include the specific VR services needed to achieve the employment outcome, including a projected post-school employment outcome (34 C.F.R. § 361.46(a)(1)). Pre-employment transition services may be included on an IPE as individualized VR services under 34 C.F.R. § 361.48(b)(18).
Below, for reference is the FAQ addressing a similar question.
Once a student has been determined eligible for VR services, are the pre-employment transition services the student receives required to be included on the IPE, or do states have the option of providing pre-employment transition services without including them on the IPE so long as they document the services the student is receiving?
Response: The pre-employment transition services would need to be included on the individual’s IPE. Under 361.46, the listed required content describes that the IPE must list all of the services the individual needs in order to achieve an employment outcome. As these students with disabilities are now under a plan, this requirement will need to be satisfied. Even for those students with disabilities who may use a projected post school employment outcome and the plan includes only those services to assist in refining that employment goal, any pre-employment transition services the student would receive would still need to be included. Agencies are directed to refer to the discussion at 81 FR 55690 found in the preamble.
Although much less documentation is required with respect to students with disabilities who are receiving pre-employment transition services prior to applying or being determined eligible for VR services, some basic documentation is necessary to ensure that:
- these students indeed have a disability and, thus, are "potentially eligible" for VR services; and
- the DSU has sufficient information necessary for it to complete the RSA-911 Case Service Report, and satisfy performance accountability requirements under section 116 of WIOA.
To that end, the data elements required for a student with a disability who is receiving pre-employment transition services and has not applied for or been determined eligible for VR services include: a unique identifier, social security number (if available), date of birth, race (required if student is in elementary or secondary education), ethnicity (required if student is in elementary or secondary education), student's disability, start date of pre-employment transition services and the pre-employment transition services provided, including the type of provider and amount expended for the service.
The requirements in 34 CFR 361.47 and 34 CFR 361.56, taken together, require VR agencies to maintain verifying documentation in an individual's case file. It is important to note that the use of an electronic case management system does not remove the requirement for an agency to maintain either hard copies or scanned copies of required supporting documentation in the individual's service record. RSA will maintain a table that lists the RSA-911 supporting documentation requirements on RSA’s website.
Supporting documentation, relevant to the above-identified required documentation, may include:
- Case note documenting counselor observation, review of school records, statements of education staff; or
- Referral form for pre-employment transition services with the identification of a student’s disability, signed by school staff and parent/guardian if the student is under the age of majority in a State (parental consent to participate in pre-employment transition services is governed by State law, as well as policies of the educational programs and the DSU); or
- Copy of an individualized education program (IEP) document, SSA beneficiary award letter, school psychological assessment, documentation of a diagnosis or disability determination or documentation relating to 504 accommodation(s).
The maximum age of a student with a disability is defined as not older than 21 years of age; or if the State law for the State provides for a higher maximum age for receipt of services under IDEA, is not older than that maximum age (34 C.F.R. § 361.5(c)(51)(i)(B)(1) and (2)). Therefore, if the maximum age range for IDEA services is extended in a specific State for the continuation of services under IDEA, then the VR agency may also extend its age range to allow for the provision of pre-employment transition services to students with disabilities who are enrolled in an educational program and meet the extended maximum age.
If State law provides for a higher maximum age for receipt of IDEA services, then the VR agency can redefine and extend its maximum age range in its definition of a “student with a disability” to align with the maximum age range for IDEA services. As a result, pre-employment transition services may be provided to individuals who meet the definition of a “student with a disability” in a secondary, postsecondary, or other recognized education program. The RSA-911 report, including data element 22 (i.e., student with a disability) should be updated as soon as a new maximum age for the receipt of IDEA services is implemented in State law, if over 21 years of age. In addition, VR agencies may also need to update data element 78 (i.e., students enrolled in secondary education), data element 84 (i.e., students enrolled in postsecondary education), and data element 85 (i.e., MSGs). The age range reported for students with disabilities on the RSA-911, should reflect what is reported in description d of the State plan and align across VR agencies, if there are two VR agencies in a State.
Yes, the age may vary across years, if State law expands the maximum age for receipt of IDEA services; however, once an individual is reported as a “student with a disability” in data element 22, and enrollment data in secondary education (data element 78) or postsecondary education (data element 84) is reported, then he or she would be reflected as a student with a disability. Therefore, it should not be an issue to report the higher maximum age for IDEA services required by a new State law.
As stated above, the maximum age for IDEA services is provided in State law. Therefore, if State law expands the maximum IDEA age range for receipt of IDEA services, then VR agencies may also expand the maximum age range used to define a “student with a disability.” VR agencies will need to report those data elements specific to students with disabilities and enrollment in an educational program, as well as the pre-employment transition services provided to potentially eligible and eligible students with disabilities. If VR-eligible students with disabilities are provided individualized VR services to participate in or in addition to pre-employment transition services, those services will also need to be reported. VR agencies may also need to revise description d. coordination with education officials in the next submission of the PY 2022 State Plan, if State law expands the maximum age for the receipt of IDEA services.
For those students who already have IPEs, State VR agencies will need to review the IPEs, and determine whether services were not completed, and what services are still needed to meet IPE employment goals.
Prior to answering this question formally, it is important to remember that students can still receive pre-employment transition services in the summer between HS and college. As far as those students who may be taking a "gap year or semester," the agency will need to demonstrate that the student with a disability is indeed enrolled in a recognized education program. The length of time or gap is not the issue. There are four pieces of documentation needed:
- Documentation that the individual with a disability graduated from secondary education;
- Documentation that the individual with a disability has been accepted into a post-secondary ed. institution/program;
- Documentation of the individual with a disability intention or confirmation that they had accepted the invitation to enter the post-secondary program; and
- Documentation that the individual with a disability has been informed by the institution that their “seat” or “spot” is being held for them.
Educational programming under the definition of a "student with a disability," would include programs that provide a recognized credential of education, such as a certified nursing assistant (CNA) program.
However, programs provided by a CRP or Project Search, would not be considered an educational program for the purposes of satisfying "educational programming" within the definition of a student with a disability.
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Can you clarify whether or not a student who exits high school, meets the required age range and is enrolled in postsecondary education, would continue to meet the definition of a "student with a disability" for purposes of receiving pre-employment transition services the summer before postsecondary education classes begin?
To clarify, a student who graduates or exits from secondary education; meets the minimum and maximum age requirements as set forth in section 7(37) of the Rehabilitation Act of 1973, as amended (the Act) by the Workforce Innovation and Opportunity Act (WIOA), and VR regulations 34 CFR 361.5(c)(51); and is enrolled in post-secondary education for whom classes will begin after summer break, would continue to be considered a student with a disability. Students with disabilities may receive pre-employment transition services until they are no longer enrolled or participating in postsecondary education and no longer meet the statutory and regulatory age requirements.
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Would a student need to be accepted into a postsecondary education program to be considered enrolled in postsecondary education?
To address your second question, if a student with a disability has not been accepted into an educational program, including postsecondary education, upon exit from secondary education, they would not be considered to be enrolled or participating in an educational program. As such, the individual would be considered to be a youth with a disability. Although youth with disabilities cannot receive pre-employment transition services, they may receive similar services, such as transition services or other VR services after applying to and being determined eligible for VR services, and under an approved individualized plan for employment (IPE). If a youth with a disability enrolls in or begins participating in an educational program, while they still meet the statutory and regulatory age requirements of a "student with a disability", they would be permitted to begin pre-employment transition services under section 113 of the Act.
Service Delivery
A student with a disability who was previously determined eligible and their case had been closed, could return at a later date and be considered potentially eligible and receive pre-employment transition services as long as they meet the definition of a student with a disability.
Nothing in the statute would prohibit them from returning as potentially eligible, unless the individual had been determined ineligible.
The pre-employment transition services would need to be included on the individual’s IPE. Under 361.46, the listed required content describes that the IPE must list all of the services the individual needs in order to achieve an employment outcome. As these students with disabilities are now under a plan, this requirement will need to be satisfied.
Even for those students with disabilities who may use a projected post school employment outcome and the plan includes only those services to assist in refining that employment goal, any pre-employment transition services the student would receive would still need to be included. Agencies are directed to refer to the discussion on page 55690 found in the preamble.
The information provided in the Sacramento RSA regional meeting is correct. If a student with a disability begins one or more of the required activities prior to being determined eligible for VR services, he or she may continue to receive any and all pre-employment transition services even if the student is assigned to a closed OOS category. Please see FR page 55692, "Continuation of Pre-Employment Transition Services", of the pdf version of the preamble to the final regulations for a discussion of this and final §361.36(e)(3).
In addition to the pre-employment transition services, the student may participate in group transition services while in a closed OOS category; however, the student may not receive any individualized VR services, including individualized transition services, until his or her turn for receipt of VR services comes up under the State's order.
VR agencies must continue to make good faith and reasonable efforts to provide preemployment transition services to each student with a disability based on the student’s needs, and consistent with the health, safety and welfare of both individuals with disabilities and those providing services.
This means that a VR agency may need to repeat the provision of preemployment transition services to a student with a disability in the event the provision of those services was interrupted, if doing so is necessary to meet the needs of the student. This would be true whether the interruption is due to the COVID-19 pandemic, a student’s illness, or another reason. Pursuant to Section 113(a) of the Rehabilitation Act and 34 C.F.R. § 361.48(a), VR agencies, in coordination with local educational agencies, must provide, or arrange for the provision of, preemployment transition services to all students with disabilities in need of such services.
Neither the Rehabilitation Act nor its implementing regulations impose any limitations on the number or frequency of these services; however, the VR agency should make the determination to repeat services that have been disrupted on a case-by-case basis, taking into account the resources of the VR agency allocated for this purpose and the reasonable expenditure of funds.
Staff Time Charging
Only pre-employment transition services and those necessary VR services provided in support of pre-employment transition services may be charged to the funds reserved for the provision of pre-employment transition services. Therefore, any activity that is not directly related to required, pre-employment transition coordination, or authorized activities cannot be charged to the reserve. The trainings listed in the incoming inquiry are beyond the scope of pre-employment transition services because they are administrative in nature and should therefore be reported as administrative costs. VR agencies cannot charge administrative costs to reserved funds.
In the FAQ that RSA published entitled "Frequently Asked Fiscal Questions - Pre–Employment Transition Services", it was clarified that because of the statute administrative costs may not be allowed under the reserve the amount of costs, only direct time may be charged to the reserve and thus time averaging or similar methods are unacceptable. Rather, agencies should allocate costs for the positive time reported by staff in the direct provision of Pre-Employment Transition Services.
In other words, staff need to ensure they are documenting real time, not an average, estimate, sampling, or any other methods other than the direct tracking of staff time, as any other method would not ensure that unallowable costs would not be charged to the funds reserved. This is different than most grant awards because of the administrative cost prohibition. The only way to demonstrate that administrative costs are not being charged is through the positive reporting of actual staff time.
This could either be authorized or charged to the reserve or it could be charged as an administrative cost to the 110 funds.
See Time Allocation Guide for information related to the tracking of staff time that can be charged to the reserve funds for pre-employment transition services.
RSA FAQs
Additional FAQs
- DOL:
- The Department of Labor's has the following e-laws resources regarding the Fair Labor Standards act and volunteers and school to work