September 23, 1997
MEMORANDUM FOR RSB EXECUTIVE STAFF, DISTRICT
SUPERVISORS AND REHABILITATION COUNSELORS
From: Sally
Howard, Deputy Director
Subject: RSA Policy Directive 97-04
Employment Goal for an Individual with a Disability
Attached for your information is
Rehabilitation Services Administration (RSA) Policy Directive 97-04 regarding
employment goal for an individual with a disability. The purpose of this policy
directive is to formally rescind prior 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 Services Program.
This policy directive contains
important information so please review it carefully.
SH:k
UNITED STATES
DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL
EDUCATION AND REHABILITATIVE SERVICES REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC
20202
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 m 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." ('100 (a)(2))
The Act does not
define the term "gainful employment," but uses the term
S
"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
(' 102(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., ' I00(a)(3)(C) of
the Act; Federal regulations at 34 CFR '361.46(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 foal 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 ('7(22); ' 102(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' informed choice if the
individual is not current y 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 and 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 preform
the desired employment goal, the DSU may seek to acquire
performance-based information. Performance-based information may be sought
during 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 the federal law, such as financial needs
tests, and also are obligated to locate available comparable services and
benefits for certain VR services (34 CFR ''361.53-361.54).
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 in 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 if 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 ('103(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