Attachment 4.2(c)

Summary of Input and Recommendations of the State Rehabilitation Council, Response of the Designated State Unit, and Explanations for Rejection of Input or Recommendations

The Rehabilitation Council (Council) worked with the Department for the Blind and Vision Impaired (DBVI) to revise its State plan. During its quarterly meeting on March 2, 2002, the Council reviewed the final draft of the State plan attachments that had been revised.

DBVI utilizes the Council's input in developing the State plan, policies, and services to be provided by the Vocational Rehabilitation (VR) program. Information provided by satisfaction surveys and annual needs assessments is also utilized.

The Council reviewed and approved the satisfaction survey instrument in FY 2001, which they helped revise in FY 99. During FY 2001, the Council voted to use the state fiscal year cycle for reporting the final summary of satisfaction results. This would allow ample time to include a summary of those results in the Council's required Annual Report to the Governor and to the Commissioner of the Rehabilitation Services Administration. The results of the satisfaction surveys that are conducted by mail and telephone are shared with the Council. Each customer closed successfully rehabilitated (Status 26) or not successfully rehabilitated (Status 28 or 30) is given an opportunity to complete a satisfaction survey.

A needs assessment focusing on technology, which the Council helped developed, was completed in FY 2001.

The following is a summary from the Council's input, including the Council's recommendations from its Annual Report, the review and analysis of consumer satisfaction, and the agency's responses to the issues and recommendations.

Issue 1:
The Council concurs that the VR program should continue to make job placement and the achievement of employment outcomes for customers a high priority in staff development and training.

Response 1:
A training session for VR counselors on "job search" was conducted during the annual staff meeting in late 1999. A statewide training program on job placement was conducted in late March 2000 for counselors and supervisors. In May 2001 counselors and managers received special training on "self-employment" as an employment outcome. All six regional offices have access to the Internet and counselors have received training in how to use it as a placement tool. During FY 2002 counselors and managers will receive training on the new "Ticket to Work" program, which will include training on work incentives for SSDI and/or SSI recipients. The objective of the training will be to increase employment outcomes.

Issue 2:
The Rehabilitation Council recommended the development of a fact sheet to supplement the employer brochure to be used to educate employers regarding accommodating blind or visually impaired workers.

Response 2:
The fact sheet on accommodations was developed and was initially made available to staff in 2000. In FY 2002 it continued to be utilized by counselors. The Media Production Department of Circuit City, which helped design the employer brochure, designed the Accommodation Fact Sheet.

Issue 3:
The Rehabilitation Council recommended that DBVI should continue conducting regional public meetings in FY 2002.

Response 3:
Six regional public meetings were scheduled in the fall of 2001. The comments and responses were sent to the Council members prior to the spring 2002 meeting. The comments and responses were also posted on the agency's web site for the general public. Issues raised in those meetings will be discussed and many will be addressed.

Issue 4:
In FY 2001 satisfaction surveys and public comments continued to frequently identify adaptive technology as a need; however, it was acknowledged that the agency has expanded services in this area greatly during the past several years.

Response 4:
In FY 2001 DBVI continued to use its resources to expand services in this area. The computer technology network was expanded. Adaptive technology services was included in the Innovation and Expansion Section of the State plan, which includes designated funds to make one-day technology seminars available outside the Richmond area. Training in adaptive technology will continue to be made available through VRCBVI and the technology lab located at headquarters. Adaptive technology training for VR counselors will continue to be one of the training priorities in the In-service Training Grant.

Issue 5:
Recognizing technology concerns and needs that have been raised from various sources, the Council appointed a standing subcommittee to work with DBVI staff in helping to develop strategies to address those issues/needs.

Response 5:
DBVI welcomes this action and will continue to work closely with the subcommittee. Meeting the growing technology needs, such as how to provide accessible Internet training for a growing number of individuals, is a challenge that can best be met by a joint effort between the agency, the Council, and consumers. The diverse needs in the technology area are complex and will require many different strategies if they are going to be addressed.

Issue 6:
The Council agreed to continue utilizing the pool of impartial hearing officers and mediators contracted by the Department of Rehabilitative Services (DRS).

Response 6:
The agency agrees that this is a good utilization of resources. DBVI does not anticipate having very many grievances/complaints that will need mediation or will go to an impartial hearing officer.

Issue 7:
The Council requested that DBVI continue the special transition activity for individuals who are deafblind and include it as an innovation and expansion activity.

Response 7:
The special one-week transition program will once again be included as an innovation and expansion activity.

Issue 8:
The Council requested DBVI to work with the Department of Education (DOE) to address some of the transition concerns that were brought up during the 2000 public meetings.

Response 8:
Former Commissioner Grizzard shared the transition concerns that had been identified during public meetings when he met with the superintendent of public education. As a result of the meeting, a memorandum was issued emphasizing the responsibility of school divisions in providing necessary assistive technology services to students who are blind or visually impaired. When students aren't being adequately accommodated, DBVI staff are expected to utilize the memorandum to remind school divisions regarding their responsibility to accommodate those students. The memorandum also informs school personnel that they may utilize DBVI staff for technical assistance.

Issue 9:
The Council recommended that the Annual Report again be designed to allow it to be used as a marketing tool.

Response 9:
Circuit City's Media Production Department again worked with DBVI to produce the 2001 annual report. One thousand five hundred copies will be distributed to government officials, employers, and others.

Issue 10:
The Council recommended that DBVI implement one of the subcommittee's technology strategies which would make training tutorials available for loan through the Library and Resource Center (LRC).

Response 10:
The training tutorials were purchased; the subcommittee is working with LRC to implement the loan program. Funds have also been identified in the Innovation & Expansion section of the State Plan to purchase additional tutorials for LRC and/or other DBVI facilities.

Issue 11:
The Rehabilitation Council agreed to work with other councils, organizations, and agencies in pursuing Medicaid Buy-In for Virginia. The Council had representation on the consumer forum, which was convened to gather information regarding the need for Medicaid Buy-In in the Commonwealth. They requested to be kept up-to-date regarding the status of the Medicaid Buy-In initiative.

Response 11:
Agency staff and Council representatives were involved in the development of the grant that was written to help determine what the buy-in would need to look like in Virginia. A status report was presented to the Council during each meeting. This will continue to be an activity which the Council will continue to be involved in.

Issue 12:
The Council recommended that representatives from various programs of DBVI and other disability agencies make approximately a 20-minute presentation to the Council during each meeting to educate members on all aspects of rehabilitation.

Response 12:
These short programs became a regular part of the Council's quarterly meetings. The agency will continue to help the Council arrange these presentations, upon request.

Issue 13:
The Rehabilitation Council requested to be kept informed regarding the implementation of "Ticket to Work" program in Virginia. The Council volunteered to help educate consumers regarding the Ticket to Work.

Response 13:
The Ticket to Work program was included on the agenda for each quarterly meeting. Information regarding the Ticket to Work program is shared with the Council as it becomes available to the agency. Individuals representing consumer organizations on the Council will also be arranging to have Ticket to Work information included in the various newsletters.

Issue 14:
The Council requested that the agency update the informational tape that is provided to each vocational rehabilitation applicant.

Response 14:
The informational tape is being updated. It will be available for distribution prior to the end of 2002.

Issue 15:
The Council expressed an interest in receiving more information regarding earnings for those individuals closed in successful outcomes. They were specifically interested in knowing what percentage of the wage-earning closures were working fulltime. Also, the hourly earnings on all closures broken down by work status.

Response 15:
The monthly closure report was revised to reflect the number of individuals closed working 35 hours or more each week and those working less than 35 hours per week. In addition, the report shows average hourly wages by work status.

Issue 16:
The Council requested that DBVI continue to keep members updated regarding Workforce Investment Act activities (WIA), especially the progress regarding the required development and agency involvement in local "one-stops."

Response 16:
DBVI has representation on each of the Local Workforce Investment Boards. DBVI staff have also provided technical assistance to local one-stops to help make them accessible for blind or visually impaired individuals. DBVI joined the Department of Rehabilitative Services (DRS) and the Department for Deaf and Hard of Hearing (DDHH) to provide disability awareness training for local one-stops and employers in the community. The Memorandum of Understanding (MOU drafted jointly by DBVI and DRS has been signed with each local board). The MOU contains uniform language to ensure compliance with Federal requirements (see outline below).

1. Establish a process for resolving disputes that may arise between DBVI and the Local Workforce Investment Board.
2. Identify the specialized services that may be provided by DBVI.
   The purpose of vocational rehabilitation is to provide persons with disabilities, who meet DBVI's eligibility criteria, the necessary services to obtain, maintain or advance in employment. The provision of vocational rehabilitation services enables individuals who are blind or visually impaired, deafblind, or blind with other secondary disabilities to pursue meaningful careers by securing gainful employment commensurate with their abilities, interests, capabilities, and informed choice. Vocational rehabilitation services are designed to lessen the impact, or eliminate entirely, the barriers to employment.
   1. Types of Services
      Services provided by DBVI to individuals determined to be eligible may include:
      1. vocational rehabilitation counseling, guidance, and referral services
      2. assessment for determining eligibility and priority for services
      3. assessment for determining vocational rehabilitation needs
      4. physical and mental restoration
      5. vocational and other training services, such as personal and vocational adjustment training, on-the-job training, books (including alternate format books accessible by computer and taped books), tools, occupational licenses, and other training materials
      6. transportation services
      7. services to family members
      8. supported employment
      9. rehabilitation technology
      10. job coaching
      11. placement services
      12. maintenance services
      13. post-employment services
      14. personal assistance services
      15. self-employment services
      16. other goods and services determined necessary for the individual with a disability to achieve an employment outcome
      Service(s) to be provided is dependent upon whether it is necessary to assist the consumer in achieving his/her employment outcome and is included in an agreed upon and signed Individualized Plan for Employment (IPE).
      
      A DBVI qualified vocational rehabilitation counselor, as identified in the DBVI Comprehensive System of Personnel Development State Plan Attachment (see Attachment 4.11(b)), will make eligibility and IPE decisions. These decisions include, but are not limited to: (1) assessments for determining eligibility and vocational rehabilitation needs; (2) development, implementation, and approval of the IPE; (3) review and amendment of the IPE; and (4) determining when a successful outcome has been achieved.
3. Complaint Procedures for Applicants or Recipients of Services
   Complaints from vocational rehabilitation consumers about DBVI services shall be handled consistent with the requirements of the Rehabilitation Act of 1973, as amended, and the Mediation and Due Process State Plan Attachment (see Attachment (4.16(b)). These requirements include procedures for mediation of and procedures for review through an impartial due process hearing.
4. Cross-Informational Training
   To enhance the information available to one-stop customers, DBVI will agree to participate in staff development and training activities among all partners in One-Stop System.
5. Referral Methods
   DBVI will agree to work with all of the partners in the One-Stop System to develop a referral process that allows for the most direct access by customers to appropriate services. Methods of enhancing the referral system may include, but are not limited to, DBVI's presence, on a periodic itinerant basis, at agreed to One-Stop Center locations and electronic/computer linkages with one-stop partners. DBVI will also refer appropriate customers to the One-Stop System for services.
6. Non-Discrimination
   The parties will agree that they will not discriminate in their employment practices or services on the basis of gender, age, race, color, creed, religion, national origin, disability, or on the basis of any other classification protected under state or federal law. The parties will also agree to comply with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, as amended, and the Virginians with Disabilities Act.
7. Confidentiality
   1. Personal Information
      Personal information regarding customers of DBVI shall be shared consistent with DBVI policies and procedures.
   2. Privacy
      DBVI will require access to confidential office space in the One-Stop Center(s) to meet with customers.
   3. Aggregation of Data
      The parties will be requested to agree to share aggregate data about the One-Stop System services in a manner that protects the confidentiality of DBVI customers.
8. Accountability
   DBVI will share the results of the federally mandated performance indicators governing the vocational rehabilitation program. The parties will also agree that DBVI's annual employment outcomes for mutual customers shall be included in the performance goals of the One-Stop Center(s).
9. Organizational Requirements and Funding
   1. Organizational Requirements
      DBVI will agree to participate in the One-Stop System by options that may include periodic itinerant visits and/or electronic linkage, etc.
      
      The parties agree that DBVI staff participating in the One-Stop System will be supervised through the DBVI management structure.
      
      DBVI will agree to provide access to rehabilitation technology specialists and qualified vocational rehabilitation counselors to facilitate coordinated employer contacts, job development, provide technical assistance regarding accessibility, and placement services; when the services of those specialized staff are needed to assist blind or visually impaired individuals to obtain or maintain employment.
   2. Funding
      DBVI will not routinely participate in the cost of core services in the One-Stop Centers. DBVI may participate in the cost of an applicable core service provided that the service is not customary or typical service generally available to all customers of the system and previously provided under the Wagner-Peyser program. If it is a new service that has a vocational rehabilitation focus or an existing service that has been modified, adapted, expanded, or reconfigured to have a vocational focus consistent with the provisions of the Title I Vocational Rehabilitation State Plan, and eligible DBVI consumers will participate.
      
      Where DBVI's VR staff are housed on a full or part-time basis within the One-Stop Centers, financial participation is allowable and must be based on generally accepted cost allocation methods and OMB Circulars A-87 and A-122, and the Education Department General Administrative Regulations (EDGAR).
      
      Common areas and their related cost such as reception areas, hallways, and restrooms could be considered for financial participation in that VR customers would utilize these areas along with other program participants. The financial participation would be proportional to use by value of benefits received in return; however, where VR staff are not housed within the One-Stop Center, DBVI cannot financially participate.
      
      DBVI will be the primary funding source for individualized VR services to people who are blind or visually impaired and determined eligible for DBVI services.
      
      DBVI customers will have access to core services and to the individualized training accounts under Title I of WIA.