Rehabilitation Services Administration – Policy Directive,
August 19, 1997 – “Employment Goal for an Individual with a Disability”
(MSWord copy of the official government document)
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND
REHABILITATIVE SERVICES
REHABILITATION SERVICES ADMINISTRATION
WASHINGTON, DC 20202
POLICY DIRECTIVE
RSA-PD-97-04
RSM-2035
DATE: August 19, 1997
ADDRESSEES: STATE VOCATIONAL REHABILITATION AGENCIES
(GENERAL)
STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)
STATE REHABILITATION ADVISORY COUNCILS
CLIENT ASSISTANCE PROGRAMS
REGIONAL REHABILITATION CONTINUING EDUCATION
PROGRAMS
RSA SENIOR MANAGEMENT TEAM
SUBJECT: Employment Goal for an Individual with a Disability
BACKGROUND: The purpose of this policy directive is to
formally rescind prior Rehabilitation Services Administration (RSA) issuance
1505-PQ-100-A regarding “suitable employment” and to describe the standard for
determining an employment goal for an individual with a disability receiving services
under the State Vocational Rehabilitation (VR) Services Program.
The purpose of Title I of the Rehabilitation Act of 1973, as
amended (the Act), which authorizes the State VR Services Program, is “to
assist States in operating a comprehensive, coordinated, effective, efficient,
and accountable program of vocational rehabilitation that is designed to
assess, plan, develop, and provide vocational rehabilitation services for
individuals with disabilities, consistent with their strengths, resources,
priorities, concerns, abilities, and capabilities, so that such individuals may
prepare for and engage in gainful employment.” (100(a)(2))
The Act does not define the term “gainful employment”, but
uses the term “employment objective” to describe the specific planned
employment goal identified in the Individualized Written Rehabilitation Program
(IWRP) for an individual with a disability who is eligible under the State VR
Services program. Specifically, the Act requires that the IWRP be designed to
enable the individual to achieve an employment objective that is consistent
with the individual’s unique strengths, resources, priorities, concerns,
abilities, and capabilities (102(b)(1)(B)(i)). Other provisions of the Act, as
well as the Federal regulations implementing Title I of the Act, use the term
“vocational
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goal” to refer to the planned employment goal for an
eligible individual under the State VR Services Program (e.g., 100(a)(3)(C) of the
Act; Federal regulations at 34 CFR 361.46(a)(1)). For purposes of this Policy
Directive, the terms “employment objective”, “vocational goal”, and “employment
goal” are considered synonymous and are used interchangeably.
Formal Rescission
of Policy Statement on “Suitable Employment”
In 1980, the Acting Deputy Commissioner of RSA issued
guidance (1505- PQ-100-A) to RSA Regional Offices that identified “suitable
employment” as the standard for determining an appropriate vocational goal for
an eligible individual under the State VR Services Program. In both that
document, and in a preceding RSA guidance document (1505-PQ-100, issued in
1978), “suitable employment” was described as “reasonable good entry level work
an individual can satisfactorily perform.”
Subsequently, the Rehabilitation Act Amendments of 1992
(1992 Amendments) revised the standard for determining an employment goal for
an individual with a disability receiving services under the State VR Services
Program. The 1992 Amendments require that the employment objective identified
in an eligible individual’s IWRP be consistent with the individuals strengths,
resources, priorities, concerns, abilities, and capabilities. Because guidance
document 1505-PQ-100-A is more limited than this standard, it has been
superseded by the 1992 Amendments and is hereby rescinded. Guidance document
1505-PQ-100 is also rescinded to the extent that it identifies “suitable
employment” as the appropriate standard for determining a vocational goal for
an eligible individual under the State VR Services program.
Establishing an
Employment Objective under an IWRP
The State VR Services program is designed to assist
individuals to obtain employment that is consistent with their strengths,
resources, priorities, concerns, abilities, and capabilities (also referred to
in this document as the “individual’s primary employment factors”). Designated
State Units (DSUs) conduct an individualized assessment of the VR needs of each
eligible individual to assist the individual in establishing in the IWRP an
appropriate vocational goal that is consistent with this standard (7(22); 102(b)(1)(A)
and (b)(1)(B)(ii)).
Given the emphasis that the Act places on informed choice,
DSUs must also ensure that the identified employment objective reflects the
individual’s interests and informed choice to the extent that those factors are
consistent with the individual’s strengths, resources, priorities, concerns,
abilities, and capabilities. In other words, the employment objective
identified in an
[page 3]
individual’s IWRP should reflect the individual’s informed
choice if the individual is not currently employed consistent with his or her
primary employment factors, the individual possesses the strengths, resources,
priorities, concerns, abilities, and capabilities needed for the employment
goal, and such employment is available under current labor market conditions.
In many instances, DSUs should be able to determine whether
an individual’s interests and informed choice are consistent with his or her
primary employment factors during the comprehensive assessment of vocational
rehabilitation needs. In determining whether the individual possesses the
strengths, resources, priorities, concerns, abilities, and capabilities needed
to perform the desired employment goal, the DSU may seek to acquire
performance-based information. Performance-based information may be sought
during the comprehensive assessment (e.g., by conducting situational
assessments of the individual’s performance in real work settings) or by
establishing discrete short-term objectives in the IWRP (e.g., enrolling the
individual in a training program for a one-semester trial period or initially
placing the individual in a work setting with necessary supports on a
trial-basis). It should be noted that some DSUs have successfully accommodated
individual choice through these and other strategies even in situations in
which it initially appeared that the individual was incapable of performing the
chosen goal.
Although it is permissible to consider local labor market conditions
(i.e., job availability in the community) in determining an individual’s
employment goal, local labor market factors cannot by themselves be
determinative of whether the individual’s employment goal is appropriate. The
fact that the local market for the individual’s desired employment goal (which
is consistent with the individual’s primary employment factors) may be limited
should not affect the individual’s pursuit of that goal through the provision
of VR services if the individual is willing to relocate to a market in which
the particular job is available. On the other hand, if there is a limited local
market for the individual’s desired goal and the individual is unwilling to
relocate, then local labor market conditions become a relevant factor in
identifying employment options.
The cost or the extent of VR services that an eligible
individual may need to achieve a particular employment goal should not be
considered in identifying the goal in the individual’s IWRP. For example, the
fact that an employment objective may require an advanced degree, whereas
another may only require job retraining or placement assistance, should not
affect the determination of an employment objective that is appropriate for the
particular eligible individual. Once the employment goal is identified,
however, cost becomes a relevant factor in determining an appropriate, cost
efficient means of
[page 4]
providing needed VR services. In this regard, DSUs are
authorized to employ cost efficiency strategies that are consistent with
federal law, such as financial needs tests, and also are obligated to locate
available comparable services and benefits for certain VR services (34 CFR
§361.53-361.54).
Finally, entry-level employment is an appropriate employment
goal if the eligible individual is only capable of performing entry-level work
or if the individual chooses an entry-level job as his or her employment goal.
Career Advancement
and Upward Mobility under the State VR Services
Program
The guidance provided through this Policy Directive is
intended to correct the misperception that achievement of an employment goal
under Title I of the Act can be equated with becoming employed at any job. As
indicated above, the State VR Services program is not intended solely to place individuals
with disabilities in entry-level jobs, but rather to assist eligible
individuals to obtain employment that is appropriate given their unique
strengths, resources, priorities, concerns, abilities, and capabilities. The
extent to which State units should assist eligible individuals to advance in
their careers through the provision of VR services depends upon whether the
individual has achieved employment that is consistent with this standard.
The provision of VR services to an eligible individual who
is currently employed, but whose job is not consistent with the individual’s
strengths, resources, priorities, concerns, abilities, and capabilities, must
assist that individual to obtain employment consistent with the individual’s
primary employment factors and informed choice. Under such circumstances, VR
services would be provided for “career advancement” or “upward mobility”
purposes. Similarly, post-employment services are also available to assist eligible individuals who have already become employed to
advance in employment (§103(a)(2)).
POLICY STATEMENT: The employment goal for an individual with
a disability receiving services under the State VR Services Program (authorized
by Title I of the Act) must be based, primarily, on the individual’s strengths,
resources, priorities, concerns, abilities, and capabilities. The employment
goal also must reflect the individual’s interests and informed choice to the
extent that those factors are consistent with the individual’s strengths,
resources, priorities, concerns, abilities, and capabilities. Factors such as
the local economy or local labor conditions (i.e., job availability in the
community) are external factors that may be considered, but cannot by
themselves be determinative of whether the employment goal is appropriate.
These considerations apply to the development of employment goals for both individuals who are
not currently
[page 5]
employed and individuals who are seeking to advance in their
present careers.
CITATIONS
IN LAW:
Sections 2(b)(1); 7(22); 12(e)(2)(A) and (B); 100(a)(1)(F);
100(a)(2); 100(a)(3)(A) and (C); 101(a)(29); 102(a)(1); 102(b)(1)(B)(i) and
(ii); and 103(a)(2) of the Rehabilitation Act of 1973, as amended.
EFFECTIVE
DATE:
Upon Issuance
EXPIRATION
DATE: None
INQUIRIES: RSA Regional Commissioners
Fredric K. Schroeder
Commissioner
CC: CSAVR
NAPAS
RSA Regional Offices
(Regions II, IV, V, VIII, and X)
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