Vocational Rehabilitation Services Manual C-1300: Transition Services for Students and Youth with Disabilities

Transition services are mandated by the following federal laws:

The Rehabilitation Act of 1973

The Rehabilitation Act of 1973 was reauthorized and amended by WIOA in 2014.

34 CFR 361.5(c) (55)

Federal regulations implementing WIOA define "Transition Services" as follows.

A coordinated set of activities for a student or youth with a disability is:

"(i) Designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, competitive integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation;

(ii) Based upon the individual student's or youth's needs, taking into account the student's or youth's preferences and interests;

(iii) That includes instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation;

(iv) That promotes or facilitates the achievement of the employment outcome identified in the student's or youth's individualized plan for employment; and

(v) That includes outreach to and engagement of the parents, or, as appropriate, the representative of such a student or youth with a disability."

29 USC 701 (b)(4)(5)

Pre-Employment Transition Services are provided to students with a disability, as defined in WIOA "to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and (5) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receipt of services under section 794."

34 CFR 361.65(a)(3)(i)

"Pursuant to section 110(d) of the Act, the State must reserve at least 15 percent of the State's allotment, received in accordance with section 110(a) of the Act for the provision of pre-employment transition services, as described at §361.48(a) of this part."

A Provision of the Rehabilitation Act of 1973
(29 USC 701 et seq.) Section 402, §2(a) (29 USC 701(a))

''(7)(A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and ''(B) there is a substantial need to support such students as they transition from school to postsecondary life.''

34 CFR 104.33(a) and (b)

"A recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient's jurisdiction, regardless of the nature or severity of the person's handicap." "…the provision of an appropriate education is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of non-handicapped persons are met."

34 CFR 361.53 (d)

Coordination of services for students with disabilities:

The IPE for a student with a disability must be coordinated with the individualized education program or Section 504 services, as applicable, for that individual in terms of the goals, objectives, and services identified in the education program.

The transition services provided by schools, also referred to as LEAs differ from the transition services provided by VR. In Texas, special education services are planned through the ARD process or the IEP.

The ARD committee plans for and completes the IEP. The committee often consists of the transition student, parents, teachers, other special education staff, and school administration, but members can vary. Transition services provided by VR are coordinated with the transition services provided by the LEA during the ARD.

VR plays an important role in planning transition services as an integral partner in the IEP process.

In working with LEA staff and families throughout the IEP process, the TVRC:

• helps the transition student obtain the maximum benefit from educational services by supporting his or her educational program; and
• provides services to facilitate a smooth transition to postsecondary education and work environments.

Note: Transition students receiving services under Section 504 do not have an IEP and do not have ARD meetings. They receive accommodations but no curriculum modifications. Their services are documented on a Section 504 plan. Students on a Section 504 plan who otherwise meet the definition of a student with a disability are eligible for Pre-ETS.

TWC and TEA have a Memorandum of Understanding (MOU) in place to help create a framework for schools and VR in Texas to work together. The MOU can be found on the Transition Services intranet page.

Questions about the agreement may be submitted to a member of the state office transition team or by email to the VR Pre-ETS mailbox at vr.pre-ets@twc.texas.gov.

C-1303-1: Required for Planning and IPE Development

WIOA requires VR staff to attend ARD meetings when invited. Attendance may be virtual; that is, through conference calling, video meeting, and so on. Communication with school partners is vital to facilitate appropriate and timely invitations to ARD meetings.

The VR counselor works with the school, parents, community partners, and students to ensure that the student and parents or guardians are informed about available services and any associated program requirements, as a part of a set of coordinated transition services.

The VR counselor must do as follows:

• Explain the services provided by:
  • other appropriate resources;
  • the Texas School for the Blind and Visually Impaired (TSBVI);
  • the Texas School for the Deaf (TSD);
  • The Blind Children's Program under HHSC;
  • advocacy organizations, such as Partners for Assisting Texans with Handicaps (PATH)and Disability Rights Texas;
  • customer groups, such as the American Council of the Blind (ACB) and the National Federation of the Blind (NFB); and
  • the Criss Cole Rehabilitation Center.
• Obtain and use appropriate school records as a source to determine a student's eligibility and to develop an IPE. School testing that includes a diagnosis determined by school professionals (for example, a diagnostician, licensed specialist in school psychology, speech pathologist, etc.) may be used to establish an impairment for the purpose of determining eligibility. For information on eligibility determination, see B-300: Determining Eligibility, and for information on IPE development, see B-500: Individualized Plan for Employment and Post-Employment.
• Complete a comprehensive assessment of the eligible individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment services provided in the most integrated setting possible, consistent with the individual's informed choice, as defined by WIOA
• Provide transition services during secondary school as well as after secondary school, during the transition to postsecondary services, such as education, vocational training, and employment
• Coordinate services that align with the transitioning student's IEP
• Attend ARD meetings, when invited, in person or by alternative means such as teleconferencing or video conferencing (see CFR 361.22(b)(1))
• Provide students who have limited or no work experience the opportunity to develop soft and hard skills through Pre-ETS

The VR counselor must also:

• obtain a copy of the most recent IEP or Section 504 plan to help with transition-planning activities;
  • Note: When an IEP or Section 504 plan is not available, document that in a case note. This may occur when a student is not receiving services in one of these programs while in public school, has not yet started the process, or is enrolled in an educational setting that does not formally provide them (for example, homeschool, private school).
• document in ReHabWorks (RHW) whether the student has an IEP or Section 504 plan; and
• complete the IPE before the eligible student leaves the school setting and no more than 90 days from the time that the student's eligibility for VR services is determined.

IPE services must:

• be vocational in nature; and
• support and lead to achievement of the employment goal identified in the IPE.

IPE services:

• must not be the responsibility of the school district under IDEA or Section 504 of the Rehabilitation Act; and
• must not be readily available from the school district.

Students who receive transition services are usually in a career exploration stage of development while they are still in secondary school. Counseling and guidance, along with specific exploration activities and other Pre-ETS activities, is expected as part of the IPE. Multiple IPE amendments may be necessary as the student's rehabilitation needs and vocational goals change.

Depending on the complexity of the student's circumstances and need for services, TVRCs can begin working with students who are enrolled in secondary school at any time to help them move successfully from school to competitive integrated employment.

According to special education law, transition services must be included in the IEP of a student at age 16; although, in Texas, transition services may begin at age 14, or even earlier, if the IEP or the results of the ARD meeting indicates that the services are necessary.

Transition services promote or facilitate the development of the student's IPE while he or she is still in secondary school.

The IPE for transition services can include:

• Pre-ETS;
• postsecondary education;
• employment services;
• housing;
• daily living skills;
• long-term issues (such as attendant care, guardianship, assistive technology, and therapies);
• activities that promote confidence, team building, and effective communication; and
• transportation and/or maintenance to support other services.

The IPE must also:

• be based on current information regarding the student's knowledge, skills, interests, and preferences;
• set timelines with projected beginning and ending dates for all activities leading toward achieving the student's goals; and
• identify a network of support, such as family, friends, agencies, and community resources, that can help the student achieve the desired goals.

To prepare VR eligible students for success in postsecondary school and competitive, integrated employment, Pre-ETS, along with other VR services, can be provided to enhance or complement services that the school is already providing. Or these services may be provided in partnership with the school, with consideration that the services are not duplicative.

Services exempt from the customer's cost participation include the costs for:

• the assessment for determining the customer's eligibility;
• the assessment for determining the customer's VR needs, including associated maintenance and transportation;
• VR counseling and guidance and referral for other services;
• in-house services provided directly by VR staff;
• job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;
• personal attendant services;
• any auxiliary aid or service (for example, interpreter services) that a customer with a disability requires to participate in the VR program;
• diabetes education services;
• orientation and mobility services;
• Pre-Employment Transition Services (Pre-ETS); and
• other VR services that directly support Pre-ETS, like transportation, maintenance, and personal assistant services (applicable for VR eligible students only). See the Pre-ETS Desk Reference Part 2 for a complete list.

This policy must be applied uniformly to all customers in similar circumstances.

C-1303-2: Students Receiving Section 504 Services in Secondary Education

The TVRC may also work with students who receive services under Section 504 of the Rehabilitation Act instead of an IEP. Section 504 requires schools that receive federal funding to provide reasonable accommodations to enable students with disabilities to fully participate in the services and programs offered under the general curriculum.

As with the IEP, the TVRC must:

• request a copy of the Section 504 plan; and
• place it in the customer's case file.

C-1303-3: Students Enrolled in Private School or Homeschool Settings

The TVRC or VR counselor may also work with students who are participating in private school or homeschool settings, which are considered recognized education programs. Therefore, these students are eligible to receive Pre-ETS as potentially eligible or VR eligible students if they are within the appropriate age range.

Students who are receiving homeschool or private school educations may not have special education services available to them in the same way publicly enrolled students do. TWC-VR is not obligated to provide or purchase special education services that are the responsibility of the LEA. If a private or homeschooled student needs a service that would normally be the responsibility of the LEA, TWC-VR may consider the need for that service based on the customer's individual circumstances and determine on a case-by-case basis whether the service is consistent with the student's VR program and is able to be supported. Services on an IPE in these situations are typically not readily available from a school district and are not the responsibility of a school district under IDEA or Section 504 of the Rehabilitation Act (see C-1303-1). Questions about these situations may be submitted to a member of the state office transition team or by email to the VR Pre-ETS mailbox at vr.pre-ets@twc.texas.gov.

C-1303-4: Helpful Checklist of Transition Considerations

When working with transition students, common counseling and guidance topics include the following:

• Advocacy and guardianship
• Assessment requirements
• Behavior-management planning
• Case management needs
• Career exploration
• Counseling in postsecondary education training
• Current educational needs
• Day programs
• Employment
• Income support
• Independent living skills
• Items that the school provides under IDEA
• Lifetime support and planning
• Medical needs and assistive devices
• Recreation and leisure
• Residential services
• Self-advocacy activities
• Supported employment
• Therapies and treatments
• Transportation
• Vocational education and training
• Work-based learning
• Workplace readiness
• Any other areas that need to be addressed

For additional information, refer to VRSM C-100: Counseling and Guidance.

Transition services are not separate from VR services; they are a strategy of VR services designed to help students and youth with disabilities make the best use of VR services to achieve a successful vocational outcome. Services can be provided to individuals who are eligible or potentially eligible. Not all students who are referred and are potentially eligible will be eligible for VR services. When students are not eligible, they should be referred to other relevant community resources.

Figure 1 depicts the eligibility relationship between VR, VR transition services, and VR Pre-ETS. Figure 1 only explains eligibility. The figure illustrates that:

• Basic VR services include the full array of allowable services available to customers of any age that are documented in the IPE and are necessary for the customer to reach his or her vocational goal.  An individual must be determined eligible for VR to receive Basic VR services.
• VR transition services are for students AND youth with disabilities. VR transition services are broader than Pre-ETS, are for students and youth up to age 24, and are more like the full array of services offered in Basic VR. Transition services are aimed at supporting the transition of the student or youth to postsecondary education and employment. If the individual has reached the maximum age for Pre-ETS and is no longer eligible for Pre-ETS activities, as long as the individual has not reached age 25, the transition services listed above are available. This is also true for Supported Employment. An individual must be determined eligible for VR to receive VR transition services.

C-1305-1: Core Skills

It is often impractical for younger students to participate in comprehensive assessments like those used for adults; therefore, when working with students age 14–16 and their families, including students who are grandfathered in (that is, current customers who applied before a policy change in the age range), the TVRC can assess the student by using the following resources:

• The TVRC's observations of the student
• The TVRC's notes on the student's participation in group skills activities
• Any insight provided by the family
• Any documentation provided by the school district

These resources provide information about the student's:

• abilities;
• interests;
• capabilities;
• communication skills;
• travel skills;
• adjustment to the disability; and
• other skills.

The TVRC uses the information when working with the family and student to:

• plan the student's VR program; and
• support the student's IEP at school, when appropriate.

The TVRC can also consider the following core skill areas to evaluate the student's confidence and competence:

• Adjustment to blindness
• Independent living
• Travel
• Communication
• Development of support systems
• Development of a vocation

For a thorough description and examples of these six core skill areas, see Texas Confidence Builders.

The TVRC can use the Core Skills Assessment (CSA) checklist for students who are blind or visually impaired, if appropriate; however, the CSA is only one element of the overall assessment process. It provides information that is considered equal to the information provided by orientation and mobility (O&M) reports, low-vision evaluations, reports documenting the ARD processes, and other similar reports.

When the CSA checklist is completed, the TVRC:

• documents important information and recommendations within the Comprehensive Assessment case note that is entered into RHW;
• does not enter a stand-alone case note for the CSA checklist; and
• files a hard copy of the CSA checklist and any reports or notes used during the comprehensive assessment phase in the paper case folder.

C-1305-2: Trial Work for Transition

For complete information on trial work, see B-310: Trial Work.

C-1305-3: Referral to a Vocational Rehabilitation Teacher

Services from a VR teacher (VRT) are available to help transition students who are blind achieve their independent living and vocational goals. These and other services help the student become competent in the core skill areas, become emotionally adjusted, learn to cope, and ultimately find their place in society.

VR teachers (VRT) are only available to students who are blind. Because a VRT is not required to assess individual transition-aged students, when the TVRC refers a student to a VRT, the TVRC must identify, within the description of the service record, the specific skill areas to be addressed, based on the information obtained through the CSA checklist and/or other assessments.

C-1305-4: Child Labor Laws

When making decisions about work-based learning activities that include work experience, child labor laws must be observed.

Minors 14 and 15 Years of Age

There is no special work permit required for this age range, but there are restrictions on:

• the number of hours that 14- and 15-year-olds may work;
• the times that they may work; and
• the type of work that they may do.

For example:

• when school is not in session, minors may not work more than eight hours a day and 40 hours a week;
• when school is in session, minors may not work more than three hours a day on school days or 18 hours a week outside of school hours;
• during the school year, minors may work from 7 a.m. to 7 p.m. only; and
• in the summer (June 1st through Labor Day), minors may work from 7 a.m. to 9 p.m.

Limitations are placed on the work that 14- and 15-year-olds may do when they work in retail, food service, and gasoline service establishments.

Minors 16 and 17 Years of Age

There are no child labor law restrictions on the number of hours and times that 16- and 17-year-olds may work.

There are restrictions on working in occupations declared hazardous by the US Department of Labor.

For more detailed information on child labor laws, refer to Texas Child Labor Laws.

C-1305-5: Assistive Technology

The LEA must provide assistive technology and assistive devices to meet the educational needs of secondary school students. The student may use the equipment at home to complete homework assignments and school projects.

In accordance with IDEA requirements, if the student's ARD committee determines that a student with a disability needs home access to telecommunications, sensory devices, or other technological aids to meet the requirements of a free and appropriate public education (FAPE), the LEA must provide the devices for home use in order to implement the student's IEP.

Technology Evaluation

Students who may need assistive technology to achieve their postsecondary goals can be sent for an assistive technology evaluation during their senior year of secondary school.

Necessity Requirement

The TVRC may purchase the assistive devices and assistive technology only if the items are needed for the student's postsecondary education or long-term employment.

Note: In general, assistive technology should be purchased with basic VR funds, not Pre-ETS funds. However, in some circumstances when assistive devices are necessary and reasonable for participation in a Pre-ETS, like a work-based learning opportunity, the counselor may be able to purchase the assistive technology using Pre-ETS funds for VR eligible students with an approved IPE.

Auxiliary aids and services may be purchased with Pre-ETS funds for students with sensory or communication disabilities who are participating in a Pre-ETS activity and need an auxiliary aid to participate. For questions about purchasing auxiliary aids with Pre-ETS funds, contact the Pre-ETS team by email. Examples of auxiliary aids include qualified interpreters, readers, material written in braille, screen readers, and auditory programs. See 28 CFR 35.104. These auxiliary aids and services can be purchased for both eligible and potentially eligible students.

Student Informed Choice

Assistive technology is changing rapidly. When appropriate, the VR counselor discusses the options with the student of having equipment purchased while the student is still in secondary school or waiting until after the student graduates.

If a student and TVRC agree to have equipment purchased while the student is still in secondary school and the assistive technology continues to meet the student's future employment needs, TWC may not be able to pay for more advanced technology at a later date.

Prior Consultation

To ensure that the school is unable to provide the assistive technology and that the appropriate funding is used, the TVRC must consult with the regional program specialist for transition services before any assistive technology purchases are made for the purpose of postsecondary education or employment before the student completes his or her senior year of high school.

Purchase Procedures

To purchase telecommunications, sensory, and other technological aids and devices, follow the procedures in RHW.

The justification for purchase in the case notes must clearly state that the assistive technology is being purchased for postsecondary education, long-term employment, or for participation in a Pre-ETS.

C-1305-6: Providing Pre-Employment Transition Services

Under the Workforce Innovation and Opportunity Act (WIOA), vocational rehabilitation (VR) agencies are required to reserve and expend a minimum of 15 percent of their federal funding solely for pre-employment transition services (Pre-ETS).

Pre-ETS activities are provided to individuals who:

• meet the definition of a student with a disability; and
• are eligible or potentially eligible for VR services.

C-1305-7: Student with a Disability

Based on federal regulations (34 CFR §361.5(c) (51)), in Texas, a student with a disability is defined as an individual between the ages of 14 [established by TWC and consistent with authority under 34 CFR §361.5(c) (51) (i)(A)(2)] and 22 who is:

• enrolled in a recognized educational program, which may include public schools (including charter schools), private schools, home schools, recognized post-secondary programs, or other recognized settings, such as the schooling provided by juvenile justice facilities;
• receiving services through the Individuals with Disabilities Education Act (IDEA) (Special Education); or
• considered eligible for Section 504 services (includes individuals who are receiving VR services).

Customers who meet the requirements above but who turn 22 years old before September 2 of the current fiscal year, no longer meet the definition of a student with a disability. For example, if a customer is 21 on September 2, he or she will meet the definition of a student with a disability until August 31 of the following year if he or she remains enrolled in a recognized educational program as described above. RSA provides the following guidance on what constitutes a recognized educational setting:

• 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.

Graduating seniors in high school who will not be pursuing postsecondary training, or any other type of recognized educational program after high school, cease to meet the definition of a student with a disability upon graduation from high school; therefore, these individuals are not eligible for additional Pre-ETS. Graduating high school seniors who are attending postsecondary training or another recognized educational program in the subsequent fall term are still considered students with disabilities and remain eligible for Pre-ETS during the gap months of the summer, as long as they continue to meet the age requirement for a student with a disability. The following documentation should be used to document enrollment in a postsecondary program:

• Documentation that the individual with a disability graduated from secondary education
• Documentation that the individual with a disability has been accepted into a postsecondary educational institution or program
• Documentation of the individual's intention to enter the postsecondary institution or program or confirmation that he or she accepted the invitation to enter the postsecondary institution or program
• Documentation that the individual with a disability has been informed by the institution or program that a place is being held for the individual

Individuals who are eligible for VR but do not meet the definition of a student with a disability can receive individualized transition services and other VR services; however, they are not counted as recipients of Pre-ETS, and the services and goods must be paid for with Basic VR funds, not with Pre-ETS funds.

C-1305-8: Types of Pre-Employment Transition Services (Pre-ETS)

The Workforce Innovation and Opportunity Act (WIOA) defines three types of Pre-ETS activities—required, coordinated, and authorized.

The five required Pre-ETS activities are as follows:

1. Career exploration counseling
2. Work-based learning experiences which may include in-school or after-school opportunities, or experiences outside the traditional school setting (including internships) that are provided in an integrated environment to the maximum extent possible
3. Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education
4. Workplace readiness training to develop social skills and independent living
5. Instruction on self-advocacy, including peer mentoring

The four coordinated Pre-ETS activities are as follows:

1. Attending individualized education plan (IEP) meetings, when invited
2. Working with the Local Workforce Development Boards (Boards), Workforce Solutions Offices, and employers to develop work opportunities for students with disabilities
3. Working with schools to coordinate and ensure the provision of Pre-ETS
4. Attending, when invited, individual-centered planning meetings for students with disabilities who receive services under Medicaid (Title XIX of the Social Security Act)

The nine authorized activities are provided primarily by the VR state office and regional staff members; however, field staff may sometimes be asked to assist with these activities.

The nine authorized Pre-ETS activities are as follows:

1. Implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces
2. Developing and improving strategies for individuals with intellectual disabilities and/or significant disabilities to live independently, participate in postsecondary educational experiences, and obtain and retain competitive integrated employment
3. Providing instruction to VR counselors, school transition staff, and others who support students with disabilities
4. Disseminating information about innovative, effective, and efficient approaches to achieving WIOA goals
5. Coordinating activities with transition services provided by local education agencies (LEAs) under IDEA (20 USC §1400 et seq.)
6. Applying evidence-based findings to improve policy, procedure, practice, and staff preparation to achieve WIOA goals
7. Developing model transition demonstration projects
8. Establishing or supporting multistate or regional partnerships that involve states, LEAs, designated state units, developmental disabilities agencies, private businesses, and other participants to achieve WIOA goals
9. Disseminating information and developing strategies to improve the transition to postsecondary activities for individuals who are members of traditionally unserved populations

In the final WIOA regulations, the RSA clarifies that Pre-ETS is a set of services intended to occur in the earlier phases of the career exploration and work preparation continuum. This is important to remember, as Pre-ETS can be provided or purchased for students with disabilities at any point in the VR process. For students who reach active services status, Pre-ETS activities must be based on the needs identified in the IPE. The primary focus is on experiences and learning opportunities for students with disabilities. While Pre-ETS required and coordinated activities can be provided in many phases of the VR process, Pre-ETS funds may not be used to provide services in the employment or post-employment phases of the VR process.

C-1305-9: Funding

Purchases for customers and students are made with either Basic VR or Pre-ETS funding, depending on the type of purchase. The Pre-ETS Desk Aid provides additional explanation and guidance on what is funded by Basic VR and what may be funded by Pre-ETS, tracking Pre-ETS time, and capturing Pre-ETS provided directly by counselors (at no cost). For eligible students receiving VR, it is also important to note that it may be necessary to access both Pre-ETS funding and Basic VR funding. Staff members are encouraged to use both types of funding to help the student achieve his or her vocational goal. For example, an eligible VR student is participating in a workplace readiness activity but needs hearing aids to ensure effective communication. Pre-ETS funds may be used to pay for the workplace readiness activity but not the hearing aids, because Pre-ETS cannot fund personal assistive devices. Basic VR would pay for the hearing aids. In February 2020, the Rehabilitation Services Administration (RSA) published a policy clarification that provided additional flexibility to states to allow the use of Pre-ETS funds for certain support good and services for students with disabilities who have been determined eligible for VR services. The same support services may not be purchased with Pre-ETS funds for potentially eligible students. For more information, please see the Pre-ETS Desk Aid, referenced above, or email the VR Pre-ETS mailbox.

Examples of these services include:

• transportation,
• maintenance,
• assistive technology,
• job skills training,
• personal attendant services,
• assessments, and
• food and lodging when it supports participation in a residential Pre-ETS program.

This flexibility to use Pre-ETS funding for supporting goods and services is not applicable for potentially eligible students.

Staff salaries are paid by Basic VR or Pre-ETS funding, depending on the activities that staff members perform. For example, if a transition vocational rehabilitation counselor (TVRC) provides a required or coordinated Pre-ETS activity to an eligible or potentially eligible student with a disability, then the TVRC documents the time spent providing the service, including related travel time, in the TWC Time Tracking System (TTS). Additionally, if any VR staff member participates in an authorized Pre-ETS activity, that time also must be documented in TTS; it should be noted that all related travel time and costs for participating in authorized Pre-ETS activities must be charged to Basic VR and not to Pre-ETS. For additional information and guidance, see the Pre-ETS Desk Aid: Pre-ETS Time Tracking Guidance.

When uncertainty exists about whether to enter an activity into TTS, staff consults with the VR supervisor or submits an inquiry to the VR Pre-ETS mailbox.

C-1305-10: Working with Potentially Eligible Students

To receive Pre-ETS and be considered potentially eligible for VR services, an individual must meet only the definition of a student with a disability. The individual does not have to apply for VR services, unless the individual chooses to do so. The purpose of the potentially eligible designation is to give more students with disabilities the opportunity to participate in Pre-ETS. VR requirements are only applied for services provided to VR-eligible customers. The only VR requirements that are applied to potentially eligible individuals are informed choice, confidentiality, and access to the client assistance program (34 CFR §361.38, §361.52, and §361.56). Potentially eligible students are not subject to Basic Living Requirements or other cost sharing requirements.

Note: Potentially eligible services may be authorized only on a multicustomer service authorization (MCSA). There is the potential for a single customer to be on an MCSA if it is for an independent, stand-alone service. For more information on MCSAs, refer to VRSM D-213-5: Multicustomer Purchases.

Students who are potentially eligible may receive a single Pre-ETS or multiple Pre-ETS according to their need and desire to participate. Providing or purchasing Pre-ETS for potentially eligible students is not intended to be an avenue to circumvent the VR process, and at some point, a potentially eligible individual may need VR services that Pre-ETS cannot fund, such as durable medical equipment or tuition. Generally, and as a best practice after the provision or purchase of a Pre-ETS, the TVRC or VR counselor assigned to a potentially eligible case as the point of contact should counsel and provide the student with appropriate information related to the following options:

• The individual may continue as a student who is potentially eligible and able to access additional Pre-ETS;
• The student may apply for the full array of VR services, which include additional Pre-ETS and Transition services, as needed; or
• The VR counselor may close the case if the student does not wish to access additional Pre-ETS or to apply for additional VR services.

To access VR services, a potentially eligible individual must apply for VR, be determined eligible, and have an IPE for provision of the additional VR services.

As long as the individual meets the definition of a student with a disability, the individual will continue to be potentially eligible until the age requirements are exceeded or the individual applies for VR services and eligibility is determined. If a potentially eligible student has completed the VR application process and has been determined ineligible, the provision of Pre-ETS stops, and he or she is no longer considered potentially eligible.

WIOA requires VR to document specific data (listed below) for anyone receiving Pre-ETS. This requirement differs, depending on whether the customer has been determined to be potentially eligible or eligible for VR. The data required for a student with a disability who is requesting or participating in Pre-ETS activities and has not applied for VR services can be captured on the VR1820, Request to Receive Pre-Employment Transition Services form, which includes fields for entering the student's:

• Social Security number (preferable if available) or another unique identifier such as a student school identification number, a state-issued identification card number, or driver's license number;
• date of birth;
• race (required if student is in secondary education);
• ethnicity (required if student is in secondary education); and
• student's disability (as indicated in supporting documentation listed below).

Applicable release forms must also be obtained to allow the exchange of information and establish parental permission to participate in services.

The completed VR1820 and release forms paired with verification of disability from the list below completes the paperwork needed to begin providing Pre-ETS. Supporting documentation that is required to verify the student's disability may include the following:

• Case notes documenting VR counselor observations, review of school records, and statements of education staff
• A signed statement from a school professional with the identification of a student's disability and school enrollment status (A template of the VR Disability Verification Letter is available to capture this information.)
• A copy of an IEP, Social Security Administration (SSA) beneficiary award letter, school psychological assessment, documentation of a diagnosis or disability determination, or documentation relating to Section 504 accommodations

Note: When a potentially eligible student is participating in a work placement as part of work-based learning, whether paid or unpaid, the requirements established in B-204-2: Customer Identification and Authorization for Employment for documentation of legal status to work in the United States must be met. However, for all other Pre-ETS activities, only the information listed above and found on the VR1820 is required for potentially eligible students.

An activity is considered a work placement when it is treated as an employment relationship and when paperwork (for example, Form I-9, Employment Eligibility Verification (I-9)) becomes part of the process.

Examples of work-based learning placement include:

• internships
• apprenticeships
• volunteer opportunities where the employer requires paperwork
• placements through Paid Work Experience or Work Experience

Other activities that would normally be considered work-based learning but do not require that an employment relationship be established are allowable for potentially eligible students who do not have employment authorization documents. Some typical examples are:

• job shadowing;
• informational interviews; and
• tours of businesses.

For information about paper case file requirements for potentially eligible students, refer to D-303-1: Two Sided or Six-Sided Case Files.

The TVRC or VR counselor assigned to the potentially eligible case must enter case notes in RHW that document information about the student, justification for services, progress, and outcomes. This may be one case note or multiple as the counselor continues to work with the student. Topics that must be documented, when applicable, are:

• a description of the disability, functional limitations, and counselor observations;
• a record of the disability from the student’s perspective;
• counseling and guidance and other Pre-ETS provided directly by the VR counselor;
• a service justification case note that indicates the planned services, including the type of, and rationale for, Pre-ETS; and
• the skills gained, as well as other progress made by the student as a result of receiving Pre-ETS.

VR counselors can enter data for and track potentially eligible students as well as issue payment for purchased Pre-ETS in ReHabWorks (RHW). For additional assistance and guidance on purchasing for potentially eligible students, see the Pre-ETS Desk Reference 2.

C-1305-11: Capturing Pre-Employment Transition Services Activity in ReHabWorks

In addition to tracking preemployment transition services (Pre-ETS) staff time and funding, it is essential to capture and document the number and type of substantial Pre-ETS being provided to each student by entering in ReHabWorks (RHW) a provided services service record (SR) or a Pre-ETS activity record for provided, arranged, and purchased Pre-ETS. For guidance on these processes, please see the Pre-ETS Desk Aid: Tracking Pre-ETS and the Guide for Creating Pre-ETS Activity Records.

An SR for provided Pre-ETS should be entered and used only by the in-house VR staff, such as vocational rehabilitation teachers, employment assistance specialists, and orientation and mobility instructors, who typically serve blind and visually impaired students. VR counselors and transition VR counselors (TVRCs) should not use the SR tracking method and instead should capture and track all Pre-ETS (arranged, provided, and purchased) via the Pre-ETS Activities functionality in RHW.

For example, when a TVRC provides career exploration counseling to a student during a counseling and guidance session, the Pre-ETS Activity functionality in RHW should be used. For more information and examples of entering Pre-ETS activity records, see the Guide for Creating Pre-ETS Activity Records.

For in-house providers, more information, and examples of entering provided Pre-ETS SRs, see the Pre-ETS Desk Aid.

C-1305-12: Case Note Documentation

Case notes for students who receive transition services must also include the following components unique to transition services:

• Documentation of career exploration activities
• Family involvement in making informed choices
• Collaboration with school partners
• Use of comparable benefits provided by the school or other partners

When documenting Pre-ETS in a RHW case note, select the appropriate topic (such as Counseling and Guidance or Service Justification) and check the "Pre-ETS" box.

For additional information about required documentation, refer to E-300: Case Note Requirements.

C-1305-13: Group Skills Training

At times, it is more effective for the student and more efficient for the program to bring groups of individuals with disabilities together to teach a set of vocational skills. These activities are known as Group Skills Training (GST) and are intended specifically for students with any disabilities (see 34 CFR §361.5(c) (51)). A GST has an agenda, defined start and end dates, and specific learning objectives. For every GST, VR staff must be able to clearly state what the students will learn and be able to accomplish after participation.

GST sessions focus exclusively or primarily on providing one or more of the following five required Pre-ETS activities (34 CFR §361.48(a)(2)):

• Job exploration counseling
• Work-based learning experiences, such as in-school or after-school opportunities, or experiences offered outside of traditional school settings (including internships), in an integrated environment to the maximum extent possible
• Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs
• Workplace readiness training to develop social and independent living skills
• Instruction in self-advocacy, which may include peer mentoring

GST sessions are designed by VR staff and often include multiple Pre-ETS. They may be conducted by VR staff and may also include other providers, such as an employment services provider (ESP). Often, a GST requires multiple types of purchases, and staff must follow all applicable procurement and purchasing requirements. For example, an ESP, an external speaker, and lodging each entail different purchase requirements.

Note: When purchasing Work Experience Services through an ESP, transition educator, or a nontraditional provider for a student participating in a GST, the Work Experience Plan does not have to be completed.

To the greatest extent possible, each GST must be designed to maximize use of Pre-ETS funds and minimize the need for Basic VR funds. For example, a day program that is focused primarily on delivery of Pre-ETS activities and that uses facilities that VR can obtain at no or minimal cost maximizes use of Pre-ETS funding. It is acceptable for a combination of eligible and potentially eligible students to participate in GSTs. However, when potentially eligible students are participating, purchases for those students are limited to those allowed under the required Pre-ETS listed above. For VR eligible students, some additional VR services, like transportation, lodging, and maintenance associated with the GST are allowable for Pre-ETS funding.

Contracts may also be required for some GST activities, requiring staff to plan for GST sessions several months in advance to allow sufficient time for procurement, planning, and obtaining required approval. Partners may include education service centers, local colleges, Workforce Solutions Offices, Boards, the Texas School for the Blind and Visually Impaired, the Blind Children's Program under HHSC, Texas School for the Deaf, and other entities.

Each GST must have clear vocational goals with associated objectives to demonstrate how the activity will meet the goals.

For example, if the GST provides workplace readiness training, the objectives may include:

• developing the orientation and mobility required to navigate a city to reach a postsecondary school;
• developing communication skills, including appropriate interpersonal skills;
• attending team-building exercises in which individuals with different personalities are required to work together to create a product or achieve a result; and
• learning about appropriate work attire and etiquette.

A GST must not be a solely or predominantly social or recreational event, and the following training activities may be part of a GST but are not GSTs when provided as stand-alone trainings:

• A mini-immersion training conducted by the Criss Cole Rehabilitation Center
• Classes provided by VR teachers
• Training activities provided by an ESP, such as Project Search, Vocational Adjustment Training, Personal Social Adjustment Training, or those provided through a Pre-ETS contract

When a GST is conducted over several days or weeks, periodic recreational activities may be proposed to facilitate customer interaction and further prepare the student for the workplace (for example, focusing on social interaction, being comfortable in new environments and situations, promoting leadership and problem-solving activities during team-building exercises, and emphasizing the importance of collaboration).

To the extent possible, recreational activities for students who are blind or visually impaired may be designed using the approach known as Structured Discovery Cane Travel (SDCT), as well as other methods that challenge the participants. SDCT instruction includes nonvisual techniques, problem-solving strategies, experiential learning, and confidence-building experiences.

Eligible students who attend a GST must have goals in their IPE that make participation in the specific GST necessary for their vocational development. If goods and services other than the required Pre-ETS activities must be purchased for the eligible student to participate in the GST, those purchases must be:

• documented in the student's IPE;
• necessary to perform the actual activity or task, or to achieve the goal of the GST; and
• reasonable, meaning that the cost does not exceed fair or market cost for purchases made under the same or similar circumstances.

In short, the purchase of food, transportation, lodging, clothing, or backpacks (or similar types of purchases) for any GST must be necessary and reasonable.

These supporting goods and services are allowable Pre-ETS expenditures for VR eligible students only.

If it is advisable for students to wear a T-shirt that identifies them with a VR group when students participating in a GST are in a public setting, the T-shirts must be reasonably priced and must be plain, as the additional cost of printing on the shirts is not permitted. The purchase of T-shirts must follow all applicable procurement and purchasing requirements, and documentation must be retained to justify the purchase.

For information on purchasing food, refer to D-213-6: Food Purchased for Customer Training.

Planning a Group Skills Training

Planning is essential for developing and providing a high-quality GST for students. The Pre-ETS Group Skills Training (GST) Template for Group Skills Training proposals is available to assist staff and to facilitate the management approval process.

While it is expected that most GSTs proposed by staff will be accommodated by the template, staff may alter the template to propose other types of training if:

• the proposed GSTs meet all requirements established in policy; and
• all required elements of the template remain

When completing a GST template, staff may refer to examples of activities provided by the Workforce Innovation Technical Assistance Center: What are the required Pre-Employment Transition Services?

Group Skills Training Application, Review, and Contract Processes

The GST application, review, and contract processes are as follows:

1. Each August, the VR state office provides to VR field staff a list of the approved GSTs from earlier in the fiscal year. VR staff members review the list, discuss with the relevant VR Manager the GST proposals that are being submitted for consideration in the upcoming fiscal year, and provide an initial response with Regional Director approval to the VR state office's list by September 15. If more than one region is involved, all RDs should provide approval.
2. For new and repeating GST activities, designated VR state office staff members review the proposal to ensure compliance with policy and submit the template and supporting documentation to the VR deputy division director for Field Services Delivery and the VR director.
3. The VR deputy division director for Field Services Delivery and the VR director review the proposed GST. When necessary, the VR director consults with executive management before approving the GST.
4. The VR deputy division director for Field Services Delivery notifies the regional director as to whether the GST proposal has been approved.
5. The regional director notifies the VR Manager.
6. The VR Manager ensures that designated VR staff implements the GST as approved and follows all required policies and procurement processes.
7. VR staff must have approval for a GST before goods and services are procured, before contracts are developed, and before commitments are made to students, families, and potential partners.

If a student from one unit or region can benefit from participating in a GST that is planned by another unit or region, the student's VR counselor must hold a staff meeting with the other appropriate unit or regional staff to discuss the activity and coordinate participation for the student. In some cases, the requesting VR counselor’s participation in the GST may be necessary; this participation is contingent on approval from the RD if travel is required outside the region.

VR Managers and Regional Directors are responsible for ensuring that GST proposals are complete, accurate, and fully compliant with policy before submitting them to State Office for review and approval.

After a GST is conducted, the VR Manager is also responsible for reviewing the GST budget and planned activities to evaluate whether the activities were effective and well executed, whether the participants achieved the learning objectives, and to compare budgeted versus actual costs. The VR Manager should document the results of the review, retain them for future GST planning, and provide them to TWC and regional management upon request.

Approval Time Frames

If all required information is included in the initial submission, a GST may be approved by the VR Division Director within two weeks of submission to the Pre-ETS mailbox. If information is incomplete, inaccurate, or not compliant with policy, the approval process will be delayed until the proposal is revised to meet all requirements.

Staff submits GST proposals as far in advance of the proposed GST as possible. Where contracts must be executed, the contracting process must follow approval of the GST by executive management. Staff must allow at least four months for the contract development and execution process.

Family Member Participation

Depending on the goals of the GST, participation by parents or guardians may be essential for the student to receive the benefit of the training activities.

Family members may participate in GSTs when:

1. the GST activities are designed to include the parents or guardians as part of the skill attainment process during the GST and thereafter;
2. the primary purpose of the GST is to provide education, training, and resources to the student and parents and/or guardians; or
3. the parent must attend to provide attendant care for a student who requires such care to participate.

If a parent's and/or guardian's participation is necessary for a GST, the TVRC and VR Supervisor must:

• consider whether more than one parent or guardian is needed to participate; and
• justify the need in the program description.

Another family member may participate in the GST in place of the parent or guardian.

Budget

The VR Manager must consider the anticipated costs associated with a GST and develop a proposed budget. Most of the proposed costs would be attributed to Pre-ETS. When necessary, the budget may contain supporting costs attributed to either Pre-ETS or Basic VR. The proposed budget on the GST template identifies which costs are attributed to Pre-ETS and Basic VR.

GST Site

Facility and room rentals, as standalone purchases, are typically not allowable Pre-ETS expenditures. All GST sites must be accessible, according to the standards established by the Americans with Disabilities Act (ADA). When a contract or written agreement is required to rent a room or facility, all approval and procurement processes must be followed.

Contracts

Contracts that are necessary for one or more GST activities must:

• be developed with and approved by TWC Procurement and Contract Services; and
• comply with TWC policy and state and federal law.

The VR Manager must ensure that at least four months are allowed for the contract development and execution process.

Lodging

Lodging costs are only an allowable Pre-ETS expenditure for VR eligible students, so GST activities should be planned only when it is reasonable and necessary for participation.

When lodging is necessary for the GST, and family member participation is also proposed, the VR Manager must carefully consider whether it is necessary for more than one family member to participate.

The VR Manager must also consider that it is generally easier to supervise students in camp or dormitory settings rather than at a hotel. If more than 10 hotel rooms are needed, the VR Manager must first obtain approval from the VR Division Director and then coordinate with TWC Conference Planning at ConferencePlanning.Media@twc.texas.gov.

Materials

The VR Manager must allow sufficient time for the approval, printing, and mailing of outreach and other materials necessary for the GST. Materials such as brochures and flyers must provide all essential information. Applications must include mandatory signatures. All printed materials must be provided in an accessible format.

Staff must follow the External Publications and Procedures guidelines found on the VR Standard Operating Procedures intranet page.

External Presenters and Contributors

When external presenters and contributors of in-kind resources (such as free lodging or meeting space) are an option, presenters or vendors must be approved through TWC Conference Planning at ConferencePlanning.Media@twc.texas.gov.

Gifts or donations valued at $500 or more must follow TWC's procedures for the acceptance of gifts. Refer to Section 1.9 of the TWC's Personnel Manual regarding Ethics/Standards of Conduct for more information related to gifts made to a TWC employee.

Partners

The VR Manager must allow sufficient time to work with partners who may be part of the GST. Regardless of who the partners are, the GST must meet the requirements of this policy and must focus predominantly on required Pre-ETS activities.

Consent Forms

For students applying to participate in a Pre-ETS GST, the VR1827, Medical Information and Consent to Participate form should be used to capture the following with their application:

• Permission to participate signed by a parent or legal guardian
• A signed emergency medical release
• Emergency contact information
• Written permission for transporting the student, if relevant

Providing a photograph of the student is optional.

If the GST is to be held overnight, students must include the following information on the VR1827, Medical Information and Consent to Participate form, when applicable:

• A list of the medications that the student takes
• A statement from the student, parent, guardian, or a doctor indicating whether the student can monitor his or her own medication
• Information about the student's medical conditions
• A list of the student's allergies (medication- or food-related)
• A statement that explains the relevance of the GST to the student's IPE

Student Safety and Supervision

The VR Manager must ensure that there is a safety system to ensure that all students are accounted for and are transported safely. For example, the VR Manager may:

• hire a security guard, nurse (for example medication assistance), certified life guard, or licensed commercial driver, if a TVRC determines that there is a need; or
• make cell phones available in vehicles that transport students; 

The amount of adult supervision needed varies depending on the type of event and the needs of the students. When a training activity does not include parents, at least one adult must be in attendance for every six adolescent students. In some circumstances, there may be a need for a higher staff-to-participant ratio.

Post-Group Skills Training Follow-Up

Once the training is completed:

• the VR counselor documents the student's participation and the GST training activities in a case note in RHW and explains how the GST is meeting the student's needs;
• the VR Manager reviews the GST to:
  • evaluate whether the activities were effective and well-executed;
  • evaluate whether the participants achieved the learning objectives; and
  • compare budgeted versus actual costs.
• the VR Manager must document the results of the review, retain them for future GST planning, and provide them to VR regional management upon request.
• The VR State Office may request from VR regional management a summary of activities in their region annually.

C-1305-14: Dual Credit Courses

Dual credit offers high school students at select high schools the opportunity to participate in college coursework while enrolled in high school. These students can earn up to 60 college credit hours. The list of approved high schools can be found on the Texas Education Agency (TEA) website. Comparable benefits should be considered before sponsorship for dual credit is purchased. Comparable benefits may include funds available through the school.

Early College High Schools:

• may provide dual credit at no cost to students;
• offer rigorous instruction and accelerated courses;
• provide academic and social support services to help students succeed;
• increase college readiness; and
• reduce barriers to attending college

Because students are concurrently attending high school and college courses, it is normal for these students to be carrying less than a full-time course load.

C-1305-15: Temporary Learning Experience

Temporary learning experiences include Pre-ETS funded activities such as camps, seminars, workshops, and conferences. For temporary learning experiences, submit information about the activity to VR.Pre-ETS@twc.texas.gov. A contract will be required with the provider if the costs related to an approved Temporary Learning Experience exceed $10,000. For more information, refer to VRSM D-209: Types of Purchases.

C-1305-16: Camps

Camps can increase a student's self-confidence by providing opportunities for the student to participate in challenging activities. Camps generally focus on career exploration activities or increasing the student's vocational and work readiness skills to prepare the student for other VR services in the future. Each camp must have clear vocational goals with associated objectives to demonstrate how the activity will meet the goals. A camp must not be a solely or predominantly social or recreational event.

Camp-related expenses can include costs that are considered Pre-ETS (such as career exploration) as well as related costs that are also considered Pre-ETS (such as travel, room, and board) for VR eligible students.

C-1305-17: Workshops and Seminars

Seminars and workshops may be held for a few hours or a few days.

Topics may include focus areas such as making the transition from school to work, driving with low-vision aids, succeeding in college, and the services provided by guide dogs.

Depending on the subject, the topics may or may not be considered Pre-ETS.

C-1305-18: Pre-ETS as a Contract Type

Pre-ETS as a contract type allows a provider to combine the five required Pre-ETS, within certain parameters, when doing so does not meet the standards for other contracted services. For more information about Pre-ETS contracts, please see VR-SFP Chapter 15: Pre-Employment Transition Services.

C-1307-1: Student Participation in the Cost of Training Seminars and GSTs

GSTs, seminars, workshops, camps, and work experiences are training activities related to Pre-ETS. The student is not required to contribute to the cost of these services, regardless of whether or not the customer's net income or liquid assets exceed the basic living requirements (BLR).

Students are expected to provide their own money for incidental expenses while participating in a GST or similar training or activity, but they will not be asked to participate in the cost of transportation, maintenance, or other supporting goods or services associated with the Pre-ETS training.

The TVRC may use any TWC-approved method for providing transportation to students. When available, transportation that is of no cost to TWC is used. If this is not available, the most cost-effective and reasonable method of transportation must be used.

C-1307-2: Family Participation in Training Seminars and GSTs

When parents (or legal guardians) of eligible VR students participate in a training activity, including Pre-ETS, with the student to further the student's vocational adjustment or rehabilitation, the cost of the training is not subject to customer contribution requirements or BLR. However, these requirements must be applied for all incidental expenses and transportation costs for family members unless a parent or representative is required to participate in the activity for the student to attend.

If a parent and or representative is providing supervision or attendant care for their child in conjunction with a TWC-VR sponsored activity, any applicable transportation and food costs for one parent will be included in the training costs regardless of economic resources. These must be reasonable and the same costs that any participant in the GST would incur.

On a case-by-case basis, a waiver of the BLR criteria for an additional family member may be requested from the VR Manager when the parent and/or legal guardian is providing supervision or attendant care for the student.

C-1307-3: Texas School for the Blind and Visually Impaired

A student attending the Texas School for the Blind and Visually Impaired (TSBVI) can be served by the TVRC located in the student's home community. The TVRC in the Austin region is available as a courtesy counselor on an as-needed basis.

C-1307-4: Supported Employment

For complete information on supported employment policy, see C-1200: Supported Employment Services.

VR agencies are required to reserve 50 percent of their supported employment grant for students who meet the definition of a youth with a disability. The reserved grant funding can be used for successive benchmarks and services, once the youth has been placed in a job. VR can also provide or arrange for extended services to youth with disabilities for up to four years, or until the youth turns 25 years of age, whichever comes first. For the definitions of youth with a disability and extended services, see the VRSM Glossary (PDF).

If a student is likely to need ongoing support to find and keep competitive, integrated employment after completing secondary school, the TVRC can begin planning for supported employment (SE) services, as appropriate.

Planning for SE services allows the TVRC and the student to explore possibilities and the choice of:

• a SE provider;
• possible SE opportunities;
• customized employment techniques;
• additional diagnostics; and
• additional active services that may be needed for the student to successfully complete SE services.

The student remains on a transition caseload until:

• the student completes all worksite and other community-based training related to staying employed; and
• the case status is advanced to Benchmark 5: Job Stability.

When the case status is Benchmark 5: Job Stability, the student's employment status is considered stable and the case is transferred to a general VR caseload.

Note: Supported Employment services, including all benchmarks and extended services, are solely VR services and not considered to be Pre-ETS.