Board VR Requirements Chapter 1: Summer Earn and Learn (SEAL)

The Summer Earn and Learn (SEAL) Program establishes a mechanism by which pre-employment transition services (Pre-ETS) are provided to students with disabilities, as required under Title IV of the Workforce Innovation and Opportunity Act (WIOA), which modified the Rehabilitation Act of 1973 (Rehabilitation Act). SEAL is a statewide strategy that includes Work Readiness Training and Paid Work Experience for students with disabilities. It will be offered in each local workforce development area (LWDA) during the summer months, when students are out of school.

SEAL includes basic work-based learning and training services for students with disabilities that provide:

• pre-employment work readiness training and preparation for the work experience placement;
• work experience to help participants gain familiarity with the workplace environment and develop transferable job skills; and
• paid compensation for time worked on the job.

Provide to students with disabilities workplace readiness training, work experience, and transferable skill learning opportunities while they earn compensation for time worked on the job site.

1.5.1 Service Description

Boards must provide the following services to SEAL participants:

• pre-employment work readiness training and preparation for the work experience placement, unless the Board chooses not to provide this training as permitted in Section 1.5.3 Work Readiness Training;
• work experience to help participants gain familiarity with the workplace environment and develop transferable job skills; and
• paid compensation for time worked on the job.

1.5.2 Staff Qualifications

Boards must review the qualifications and experience of Board and contractor staff who will provide Work Readiness Training to ensure appropriate knowledge, skills and abilities regarding instructional techniques, working with youth, and methods for appropriately matching a student with a disability to a work site.

Staff working directly with SEAL participants must have:

• at least a high school diploma or GED; and
• a varied and successful work history.

It is preferred but not required that these staff also have experience working with people with disabilities.

1.5.3 Work Readiness Training

Students participating in the SEAL program must receive between six (6) to ten (10) hours of Work Readiness Training. The Board may elect to provide the training, or, if the Board chooses not to provide the training, the Board must notify VR staff to allow VR staff sufficient time to arrange for the student to receive similar training from a VR provider. Work Readiness Training provided by the Board may occur prior to or during the paid work experience component. Topics that must be covered include:

• Workplace Basics (such as transportation, paycheck basics, and time keeping)
• Professional Conduct and Employer Expectations
• Communication and Teamwork
• Decision-Making and Problem-Solving
• Timesheet Requirements and Processes

The Board must specify the curriculum used to deliver Work Readiness Training and provide this information to TWC per section 1.7. The Board must implement services using instructional approaches that meet each VR participant's educational and disability needs. All training materials must be available in a format that is appropriate to the VR participant's needs, including regular print, large print, braille, recorded audio and/or video files on flash memory, and must be provided in the VR participant's preferred language.

Work Readiness trainers are responsible for maintaining attendance records, curriculum, lesson plans, and documentation as proof required training topics were completed.

All curricula and attendance records must be available for review by VR staff upon request. VR staff can assist in making sure all materials and media used in the training are accessible to the VR participants who have accessibility needs.

Boards must ensure that students completing Work Readiness Training are offered a worksite placement.

If the Board does not choose to deliver Work Readiness Training, VR staff may be able to arrange similar training through an existing Vocational Adjustment Training (VAT) provider. This determination should be made as early as possible in the planning process, to allow VR sufficient time to identify potential VAT providers. This determination should also consider the number of participants relative to the number of VAT providers in the area.

When the decision has been made to provide Work Readiness Training through a VAT provider, the training must be provided with adequate time to complete the training before the SEAL job placement begins.

VAT services will be provided as they would for participants outside of SEAL, in compliance with the VR Standards for Providers and the Vocational Rehabilitation Services Manual.

Payment for VAT will be made by the VR counselor directly to the provider. In instances where VAT is provided, the Boards will not be paid for Work Readiness Training.

1.5.4 Work Experience Placement, Retention, Monitoring, and Oversight

1.5.4.1 Worksite Placement

After the completion of the Work Readiness Training, the participant will be assigned to a worksite that has been selected by the Board or the Board's contractor.

Boards are responsible for developing worksite placements that are available for a minimum of five weeks in duration. Boards must collaborate with VR staff to identify appropriate work placements for each SEAL participant, as well as accommodations that may be needed at a particular worksite.

The work experience placement must consider the participant's interests, abilities, capabilities, informed choice, and proximity to home. Work experience placements should also be determined based upon feedback and information provided by VR staff.

Once it has been determined that a worksite is appropriate for a SEAL participant, it is recommended that the Boards meet with VR staff, the participant, the participant's parent or legal guardian, and any other representatives as appropriate to discuss strategies, services and expectations for successful participation.

Boards will place the participant at the worksite and provide a point of contact for the participant to utilize in the event of any concerns about the placement. Boards are responsible for notifying the VR counselor, the participant, and the participant's parents or guardian of the VR participant's worksite placement at least one week prior to the first day of work experience to ensure sufficient time for the participant to make any necessary arrangements to participate.

It is the intent of the SEAL program that the paid work experience will give a participant the opportunity to:

• develop skills and competencies;
• build self-confidence;
• network with other employees of the organization; and
• receive feedback on his or her performance related to meeting the expectations of the employer.

The Board is responsible for recruiting employer participation and developing worksites for placement of SEAL participants. As part of this responsibility, the Board is responsible for orienting the employer supervisor and/or manager to their responsibilities, which are as follows:

• modeling expectations;
• giving clear, detailed, and repeated directions;
• communicating expectations for job performance, behavior, and social interactions;
• explaining consequences for inappropriate behavior;
• discussing progress and improvements in performance with both the participant and contractor;
• teaching skills needed for successful job performance; and
• communicating regularly with both the participant and the Board.

When a Board subcontracts SEAL functions to a third party, a participant may not be placed in a worksite that is within the subcontractor's organization. SEAL participants are expected to be placed within public or private employers outside of TWC, the Board, and any subcontractor organizations. While VR will pay Boards for deliverables as detailed in Section 1.8.3, VR participants must complete at least five weeks of paid work experience to qualify as successful completion of the program and to receive payment for the retention deliverable.

Should an employer require drug screening and/or background checks, the Board or its subcontractor must notify the VR counselor in advance. The Board may pay for the cost of the VR participant and/or support providers drug screening and/or background check where necessary.

1.5.4.2 Worksite Monitoring, Oversight

The Boards will provide ongoing worksite monitoring to ensure the participant is successful at the job and address any issues. The Boards will be responsible for keeping the VR staff informed about participant progress and/or issues on a consistent basis, while collaborating with the VR staff to resolve worksite issues or make needed changes. The Boards will be responsible for conducting at least one monitoring visit for each SEAL participant. If appropriate, monitoring visits may be conducted electronically.

Monitoring is defined as observing the SEAL participant at the worksite placement, while working. The worksite monitoring visit must be documented on the Worksite Monitoring form, and include observations and documentation of interaction with student, employer, and/or work experience trainer. Boards may not bill for the monitoring deliverable if the visit was not conducted during a time period that the participant received wages. Wage documentation must indicate that the student was present at the worksite during the monitoring visit.

Boards must coordinate with the VR participant's VR counselor to ensure that all verbal and written communications between the Board and the VR participant are conducted in the VR participant's preferred language. If the participant needs additional individualized supports, the VR staff will provide case management services to arrange, provide, and/or purchase those supports. As Boards become aware of the need for these supports, they must timely consult with the VR counselor. The VR counselor will determine if the supports are appropriate for purchase with VR funds.

VR counselors can purchase the following support goods or services for both eligible and potentially eligible students who are SEAL participants:

• American Sign Language interpreters or language translation services;
• Screen reader or screen magnification software;
• Other assistive devices and equipment needed as an auxiliary aid for a student to access or participate in SEAL; and
• Work Experience trainers to provide on-site one-on-one or group training to ensure that the participants receive needed training and meet the employer's expectations.

VR counselors must have sufficient notice to arrange for and purchase needed support goods or services.

If a potentially eligible student participating in SEAL needs additional services and supports (such as transportation assistance or equipment), the student must apply for VR services and be determined eligible by the VR counselor for VR to purchase these services.

1.5.4.3 Work Experience Training and Interpreter Services

VR staff may arrange and purchase work experience trainers as needed for VR participants in SEAL. Work Experience training services are provided by a Work Experience trainer when a VR participant needs more training and support than is occurring at the Work Experience site.

Training provided by the Work Experience trainer can include:

• teaching skills;
• reinforcing skills; and
• establishing natural supports and setting up accommodations and/or compensatory techniques to increase the VR participant 's independence and ability to meet the Work Experience site's expectations.

Work Experience training occurs after Worksite Placement has been secured. Work Experience training can only be authorized by VR staff and is based on the amount of assistance and/or supervision the VR participant will need to meet the job expectations. The work experience trainer will gradually reduce the time spent with the VR participant at the Work Experience site as the VR participant becomes better adjusted, more independent and no longer needs training support.

VR staff may arrange and purchase interpreter services as needed for VR participants in SEAL. An interpreter conveys messages between individuals without contributing to the dialogue.

Interpreter services are provided by qualified interpreters and include:

• sign language and oral interpretation for VR participants who are deaf or hard of hearing; and
• tactile interpretation for VR participants who are deafblind.

Board or contractor staff are responsible for contacting VR staff at least one week in advance to request an Interpreter or Work Experience Trainer to support a student's placement at the worksite. VR staff must be in agreement that a Work Experience Trainer or Interpreter is necessary for the student, based on the student's support needs, prior to arranging the service.

The SEAL participant must work a minimum of four hours a week to constitute as one week of work. This minimum is set to allow flexibility for students with the most significant disabilities to participate in the program. Boards should expect that most participants will be able to work substantially more hours than the minimum.

1.5.4.4 Worksite Retention

VR participants must complete at least five weeks of paid work experience to qualify as successful completion of the program and for the Board to receive payment for the retention deliverable. Activities that help ensure worksite retention include providing advance notice of worksite placement, conducting monitoring visit(s), maintaining communication with the SEAL participant and worksite supervisor, and coordinating with VR staff to address any employer or participant needs. To meet the requirements for the Worksite Retention deliverable, The Board must verify that the SEAL participant worked a minimum of four hours per week and/or a minimum of 20 hours over the five-week placement duration. The Boards must submit supporting documentation which should include hours worked, start/end date of worksite placement, and wages.

1.5.4.5 Termination of Service Delivery

If a VR participant's behavior is a concern, Boards must address the behavior before termination because of the behavior. If behaviors are harmful to the VR participant or others, appropriate actions must be made to ensure that all parties remain safe.

Reasons for terminating services based on behavior may include:

• behaviors dangerous to oneself or others;
• serious infraction of the provider's rules;
• frequent unexcused absenteeism;
• frequent unexcused tardiness; or
• lack of cooperation on assigned tasks.

Every effort must be made to inform the VR counselor before termination of SEAL services. When the VR counselor cannot be informed before termination, the VR counselor must be informed in writing within one work day after termination. The Board must maintain documentation that the VR counselor was informed of termination. If the SEAL participant is terminated from the position for reasons outside of participant’s control, the Board will be responsible for developing a new worksite placement for the participant. The Board may not bill for a secondary placement deliverable if a new worksite placement is necessary.

1.5.4.6 Allegations or Incidents of Abuse, Neglect, or Exploitation

Texas Family Code §261.101 requires a professional person who has cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any individual to immediately (within 48 hours) report the suspected abuse.

Texas Human Resources Code §48.051 requires a professional individual (such as any TWC contractor) to make a report if there is cause to believe that an individual age 65 or older or an individual with a disability is being abused, neglected, or exploited.

Any TWC contractor is a professional and is required to report any allegations or incidents of abuse, neglect, or exploitation.

1.5.4.7 Reporting and Documenting Allegations of Abuse, Neglect, or Exploitation

To report allegations of abuse, neglect, or exploitation, the individual who has cause to believe that abuse, neglect, or exploitation has occurred:

1. immediately contacts law enforcement, if the incident is a threat to health or safety;
2. secures the individual's safety;
3. immediately reports the incident to the appropriate investigatory agency, as listed in 1.5.4.8 Reporting to Investigatory Agencies;
4. documents in the VR participant's case file which investigatory agency was contacted, including the reference number provided by the investigatory agency; and
5. notifies the VR counselor, program specialist, and/or appropriate contract manager about the allegation.

If a licensed professional is involved as an alleged perpetrator, the information must also be reported to the appropriate professional licensing agency.

If injuries are sustained during an alleged incident, appropriate medical personnel must be contacted.

1.5.4.8 Reporting to Investigatory Agencies

Any Board or Board's employee or subcontractor that has cause to believe that a child who is a minor, an adult with a disability, or an individual 65 years of age or older is at risk of or in a state of harm due to abuse, neglect, or exploitation must immediately report the information to the appropriate investigatory agency (see the table below). If the incident is a threat to health or safety, the local law enforcement agency must also be notified.

Reporting suspected abuse, neglect, or exploitation directly to the appropriate investigatory agency is required, regardless of the circumstances.

1.5.4.9 Reporting Process

1.5.4.10 Reporting Abuse, Fraud, Misconduct, and Waste

A Board is responsible for any abuse, fraud, misconduct, or waste that is committed by the Board's staff or subcontractors.

If abuse, fraud, misconduct, or waste is reported, the Board must provide the assigned TWC contract manager with:

• the name of the individual providing the information;
• the name of the individual submitting the information (if different from the individual providing the information);
• the name of an additional contact person;
• details about whether and when law enforcement was notified;
• the names of witnesses;
• the name of the individual or facility being reported; and
• detailed information about the abuse, fraud, misconduct, or waste.

Boards must report all allegations of fraud, misconduct, and waste to TWC Fraud Reporting.

1.5.4.11 Reporting Substance Abuse by VR Participants

If a VR participant is observed using alcohol or drugs, or any other evidence of substance abuse by the VR participant exists, the Board must:

• report the information immediately to the VR counselor; and
• document that the VR counselor was informed of the observations and other evidence.

1.5.4.12 Personal Protective Equipment

In response to the COVID-19 pandemic, Boards must ensure customer compliance with CDC and OSHA safety recommendations, as well as any state or local requirements pertaining to Personal Protective Equipment (PPE). To ensure compliance with CDC recommendations, Boards may request a one-time $5 PPE fee per participant for any SEAL participant placed at a worksite in person. Boards may request the PPE fee using the Summer Earn and Learn invoice template.

Each Board must submit a description of its SEAL program services to TWC by April 1st of each year. The program description must:

• indicate whether the Board will provide Work Readiness Training;
• specify the curriculum and total number of hours for Work Readiness Training if the Board will provide it;
• identify the single hourly wage that participants will receive for the paid work experience component in the workforce area and include the cost of any other associated and necessary costs for the paid work experience; and
• submit a copy of the program application and application deadline.

During the SEAL program, the Boards must track the information listed below and submit the SEAL Monthly Progress report to report on the number of students registered and participating to VR. Boards should begin submitting the Monthly Progress report in May, following the Board Program Description. Boards should submit the Monthly Progress Report by the 15th of every month for the program duration.

By the 30th day following the program end date, but in no event later than September 30th following the program end date, Boards must submit a Program Summary report that includes:

• A list and count of all students registered for the SEAL program;
• A count of all students who registered but did not participate in the SEAL program;
• A list and count of VR participants who completed the Work Readiness Training;
• A list and count of VR participants who were placed in paid work experience;
• A list and count of the VR participants who successfully completed the paid work experience (at least five weeks paid work experience), and:
  • the worksite placement of each VR participant,
  • the hourly wage and weekly hours worked,
  • the length of placement (number of weeks) and total hours worked;
• A narrative section identifying and discussing specific successes, challenges, lessons learned and recommendations for future revisions or improvements to the SEAL program.

The Program Summary report must be submitted on the SEAL Program Summary templates, which include a section that summarizes worksites and worksite monitoring activities. This section of the Program Summary report should include a list and total number of worksites, number of VR participants placed per worksite, host site feedback, and any issues identified and how they were handled. The Program Summary report should be submitted electronically to APPO@twc.state.tx.us.

1.9.1 Basic Standards for Boards Providing Services to VR Participants

All Boards must comply with this section.

1.9.1.1 Professionalism

Boards, their employees, and any subcontractors must perform in a professional manner and dress in business casual attire that is appropriate for the work activity and workplace:

• when interacting with VR participants and staff; and
• when providing services and visiting VR offices.

A professional manner is defined as:

• maintaining the confidentiality of all customer information in full compliance with state and federal regulations;
• obtaining a written confidentiality release when sharing information with others who are not VR staff or are not the customer's legal guardian;
• not representing oneself as a state of Texas employee;
• not representing the Board as a state agency;
• reporting in a timely manner and to appropriate authorities the abuse or neglect of any customer or customer's family member;
• considering the negative impacts of action or inaction on the part of the individual or contractor to the health, safety, or welfare of any customer or customer's family member;
• avoiding relationships with VR participants or VR staff that would impair the contractor's objectivity in performing his or her duties or that would endanger confidentiality;
• not engaging in activities or relationships with VR participants that might be misconstrued by the VR participant; or
• not allowing a third party to be present when meeting with a VR participant at the VR participant's home or business, unless the VR participant has signed a release allowing the third party to be present or unless the third party is a potential employer.

1.9.1.2 Conflict of Interest

Boards and potential contractors must not offer, give, or agree to give TWC staff anything of value.

Anything of value includes prepared foods, gift baskets, promotional items, awards, gift cards, meals, or promises of future employment.

If a violation occurs, corrective action is required and may include contract termination or disqualification from receiving a future contract with TWC.

Real or apparent conflicts of interest might occur when a former VR employee becomes an employee or a subcontractor of a Board.

A Board must not:

• hire, contract with, or accept as a volunteer any current employees of TWC-VR
• hire, contract with, or accept as a volunteer any former employees of TWC-VR earlier than 12 months after the separation date, if the former employee will provide contracted services as defined in the Board VR Requirements manual and/or Texas Government Code §572.069; or
• knowingly request or obtain confidential information from a state employee for the benefit of the contractor, personally or professionally.

The scenarios above do not make up a complete list of real or apparent conflicts of interest. Failure to disclose a conflict of interest can result in contract termination, disqualification from receiving a future contract, and/or recoupment of payments.

Each Board must have a current VR3444, Conflict of Interest Certification, on file with its contract manager.

1.9.1.3 Board Required Policy and Procedures

The Board must develop and adhere to policies and procedures to protect VR participants, VR participant interests, visitors, and the Board's staff.

Boards must have policies and procedures in place before providing services to VR participants and must review and update their policies to ensure continued compliance with the standards. Boards must ensure that their policies and procedures do not conflict with the standards or the requirements of their contract. Boards must develop a written plan and maintain documentation that staff and customers, as appropriate, have been educated on policies and procedures.

At a minimum, Boards must have written policy and procedures on the following:

• Maintaining confidentiality of VR participant and employee information (refer to 1.6.3 Confidentiality and 1.6.4 Data Encryption), including:
  • providing physical safeguards;
  • providing authorized access; and
  • reporting a breach of confidentiality
• Managing VR participant expectations and responsibilities
• Managing VR participant grievances
• Providing VR participants with the VR toll-free telephone number (1-800-628-5115) and explaining that the number is for applicants and customers to use to report complaints or compliments about the contractor
• Maintaining the Board's standards on
  • promoting employment of qualified individuals with disabilities;
  • maintaining professionalism;
  • avoiding conflicts of interest;
  • maintaining confidentiality;
  • using data encryption;
  • following sound fiscal and business practices;
  • reporting abuse, fraud, misconduct, and waste;
  • referring customers to VR; and
  • adhering to the terms of the contract.
• Terminating a VR participant's services (refer to 1.5.4.5 Termination from Service Delivery)
• Providing VR participant orientation on the reporting of allegations or incidents of abuse, exploitation, or neglect that involve individuals with disabilities (see 1.5.4.6 Allegations or Incidents of Abuse, Neglect, or Exploitation).
• Reporting observations or evidence that a customer is using alcohol or drugs (see 1.5.4.11 Reporting Substance Abuse by VR participants)
• Reporting unusual or unexpected incidents that compromise or may compromise the health or safety of individuals or the security of property used by the Board's employees or VR participants and visitors, including:
  • how to obtain emergency medical services for VR participants; and
  • how and when to report incidents.

1.9.1.4 Safe and Secure Environments

Boards must provide a safe and secure environment for their employees, VR participants, and visitors.

The Board must report all incidents in accordance with:

• the Board's policies and procedures;
• the Board's contract; and
• state and/or federal regulations and laws.

An incident is an unusual or unexpected event that compromises or may compromise the health or safety of individuals or the security of property.

The Board must report incidents that involve VR participants, the Board's employees, or subcontractors.

Examples of incidents include, but are not limited to:

• violence, including domestic violence;
• automobile accidents;
• physical or sexual assault;
• terrorist threats;
• serious medical emergencies, deaths, or suicides;
• breaches of confidential information (refer to 1.6.3 Confidentiality);
• theft or loss of property or mischievous or malicious destruction of property on loan from or purchased by VR;
• negative behaviors displayed by VR participants;
• fires or accidents involving hazardous materials;
• interruption of service that is due to an emergency or disaster;
• threat of harm to oneself or others by personal contact, letter, phone, or email; and
• abuse, neglect, or exploitation of an individual with a disability.

All incidents must be reported within one business day to the:

• VR counselor; and
• TWC contract manager.

VR policies and procedures require VR employees to report incidents in writing, as required by Texas law, the appropriate licensure and investigating agencies, the standards, and the Board's contract. See 1.5.4.6 Allegations or Incidents of Abuse, Neglect, or Exploitation.