NOTICES
DEPARTMENT OF
LABOR AND INDUSTRY
Public Comment on Proposed Amendment to Close All Categories to the Order of Selection of the Vocational Rehabilitation Services Portion of the Commonwealth's Workforce Innovation and Opportunity Act Combined State Plan
[49 Pa.B. 2314]
[Saturday, May 4, 2019]The Department of Labor and Industry (Department), Office of Vocational Rehabilitation (OVR), announces a period of public comment on the proposed amendment to close all categories of the Order of Selection in description (m) of the Vocational Rehabilitation (VR) Services Portion of the Commonwealth's Workforce Innovation and Opportunity Act (WIOA) Combined State Plan (Plan). This proposed amendment to the Order of Selection will be posted for a 30-day public comment period from May 4, 2019, to June 4, 2019. Additionally, the OVR will conduct public meetings throughout the State in each OVR district office on Wednesday, May 22, 2019, from 3 p.m. to 4:30 p.m. and then again from 5 p.m. to 6:30 p.m. The VR Services Portion is the blueprint for the provision of VR services to persons with disabilities living in this Commonwealth. This notice is provided under the Rehabilitation Act of 1973, as amended by the WIOA of 2014.
The OVR is required to develop and implement its VR Services Portion as part of the 4-year Plan. The Plan from July 1, 2016, to June 30, 2020, is currently in effect, along with the approved 2-year modification, and is a compliance document on file with the Commissioner, Rehabilitation Services Administration, of the United States Department of Education and the United States Department of Labor.
The VR Services Portion of the Plan must assure that prior to the adoption of any substantive changes to the policies or procedures governing the provision of VR services under the Plan, such as the adoption or amendment of policies instituting an order of selection, the OVR must obtain public input under 34 CFR 361.20 (relating to public participation requirements). As referenced in § 361.20(a), which requires public meetings to be held throughout the State, ''public meeting'' means a gathering of people in a physical or virtual (as in the case of videoconferences or teleconferences) location to gather valuable input from individuals with disabilities, community rehabilitation programs and other stakeholders.
This comment period provides individuals, advocates and other interested parties or organizations, or both, opportunities to present their views and recommendations regarding VR services for persons with disabilities. In this Commonwealth, these services are provided by the OVR through a network of 21 district offices and the Hiram G. Andrews Center.
Comments are being solicited regarding the VR Services Portion of the Plan, description (m) Order of Selection:
*Italicized text denotes amendment*
Describe:
1. WHETHER THE DESIGNATED STATE UNIT WILL IMPLEMENT AND ORDER OF SELECTION. IF SO, DESCRIBE:
A. THE ORDER TO BE FOLLOWED IN SELECTING ELIGIBLE INDIVIDUALS TO BE PROVIDED VR SERVICES.
PRIORITY OF CATEGORIES TO RECEIVE VR SERVICES UNDER THE ORDER First Priority: Most Significantly Disabled (MSD) Second Priority: Significantly Disabled (SD) Third Priority: Non-Significantly Disabled (NSD)
DESCRIPTION OF PRIORITY CATEGORIES
First Priority: Most Significantly Disabled (MSD)
• The physical, mental, or sensory impairment(s) must seriously limit three or more of the individual's functional capacities; and • The individual must be expected to require two or more vocational rehabilitation services that are expected to last six months from the date of the Individualized Plan for Employment (IPE) or be needed on an ongoing basis to reduce an impediment to employment.
Second Priority: Significantly Disabled (SD)
• The physical, mental, or sensory impairment(s) must seriously limit one or more of the individual's functional capacities; and • The individual must be expected to require multiple vocational rehabilitation services that are expected to last six months from the date of the Individualized Plan for Employment (IPE) or be needed on an ongoing basis to reduce an impediment to employment.
Third Priority: Non-Significantly Disabled (NSD)
• The individual has a physical, mental, or sensory impairment that does not meet the definition for MSD or SD.
*The Order of Selection shall not be based on any other factors, including:
• Any duration of residency requirement, provided the individual is present in the State;
• Type of disability;
• Age, gender, race, color or national origin;
• Source of referral;
• Type of expected employment outcome;
• The need for specific services or anticipated cost of services required by an individual; or
• The income level of an individual or an individual's family
Pre-Employment Transition Services and OOS:
The Rehabilitation Act, as amended, does not exempt students with disabilities receiving pre-employment transition services (PETS) prior to the determination of eligibility from a State's OOS.
Students with disabilities can continue to receive ongoing PETS while placed on an order of selection wait list (closed order of selection priority category), as long as they have participated in a PETS before being determined eligible for VR services and assigned to a closed order of selection priority category.
Federal regulations allow for the continuation of PETS only for those students who received such services prior to an eligibility determination and the assignment to a closed order of selection priority category (34 CFR 361.36(e)(3)(i)).
Therefore, students, families, advocates, and educators are advised to carefully consider the need to begin PETS as early as possible in the transition process, and prior to eligibility determination. Potentially eligible students with disabilities (i.e. students who may or may not have applied for VR services (non-applicants and applicants), and only receive PETS) will not be affected by the order of selection, and will continue to receive PETS.
Any individual, including a student, in need of an individualized VR service (34 CFR 361.48(b)) will need to apply and be determined eligible for VR services, in order to receive such services under an approved individualized plan for employment (IPE)*.
B. THE JUSTIFICATION FOR THE ORDER.
*The Rehabilitation Act, as amended, requires that an Order of Selection for Services be instituted any time that limited resources impede the agency from providing services to all eligible individuals*
Because OVR does not believe it will be able to serve all eligible individuals with the available resources, it has adopted an Order of Selection.
The Order of Selection in Pennsylvania gives priority first to individuals with the Most Significant Disabilities (MSD); secondly, to individuals with Significant Disabilities (SD); and third to individuals with Non-Significant Disabilities (NSD).
*PA OVR has operated under an Order of Selection since March 1, 1994. OVR has provided vocational rehabilitation services only to customers who have a Most Significant Disability (MSD). With the use of ARRA funds, beginning on October 18, 2010, OVR expanded the Order of Selection to include individuals who have a Significant Disability (SD). Consistent with OVR's policy on the Order of Selection, OVR evaluated its ability to meet the second priority category and, from a fiscal and programmatic standpoint, OVR determined that it was unable to do so and on Monday, April 23, 2012, the SD and Non-Significant Disability (NSD) categories were closed to all new customers. OVR has been serving only MSD customers since 2012.
The WIOA amendments require a minimum of 15 percent of a state's federal allocation for vocational rehabilitation (which averages approximately $20 million annually for OVR) to be set aside for Pre-Employment Transition Services (PETS) for students with disabilities between the ages of 14 and 21 eligible for transition services in Pennsylvania. This reserve has resulted in decreased funding for other existing programs. This 15% represents the minimum amount that must be utilized for these services. OVR anticipates exceeding the 15% reserve in the current FFY based on current obligations and spending patterns. There are also currently 105,000 commonwealth students with disabilities who might be eligible to enroll in PETS. While OVR regularly evaluates availability of funds and administers fiscal forecasting, the inability to accurately predict the number of potentially eligible students will make budgeting for the PETS and VR programs challenging.
WIOA prohibits restricting the provision of PETS, which resulted in Pennsylvania's program enrollment nearly doubling from 13,946 in fiscal year 2016 to 25,601 in fiscal year 2017—with the cost to provide these services far exceeding the 15 percent set-aside. To date, OVR has had to invest approximately $89 million in the PETS program.
Due to a budgetary shortfall in FFY 2019, OVR reevaluated its Order of Selection and determined that OVR's available and projected resources will not be adequate to ensure the provision of the full range of vocational rehabilitation services to all eligible individuals. OVR consulted with the Pennsylvania Rehabilitation Council (PaRC) at their March 6, 2019 Full Council meeting and consulted with director of the Client Assistance Program (CAP), on budgetary concerns, analysis and the need to seek approval from Rehabilitation Services Administration (RSA) to close the Order of Selection which will result in the establishment of a waiting list for the VR program. At the March 7, 2019, OVR State Board meeting, the Board voted unanimously to allow OVR to proceed with taking necessary steps to close the Order of Selection.
Upon approval by the RSA, OVR will close Priority Categories MSD, SD, NSD on July 1, 2019. All categories will be closed. OVR shared this information with RSA, PaRC, OVR State Board & the CAP at public meetings to inform consumers & stakeholders.
New individuals determined eligible will be placed on a waiting list until OVR has the available resources to provide the full range of services to eligible customers. However, services will continue for all customers with approved individualized plans for employment (IPEs) with an effective date prior to July 1, 2019. This wait list will be statewide and based upon customers' assigned priority categories and application dates. OVR will continue to provide PETS to potentially eligible (PE) students. OVR will continue to provide PETS to eligible students who began receiving them prior to eligibility determination and placement in a closed order of selection priority category.
• Individuals applying for services after the date the Order of Selection is closed on July 1, 2019 will be interviewed and their eligibility and order of selection determination will be made. Eligible customers will be placed on a waiting list per category. When financial resources are available, first priority will be given to customers with a most significant disability, second priority to customers with a significant disability, and third priority to customers with a non-significant disability. This ensures that services are prioritized for individuals with the most significant disabilities. Customers in the MSD category who have been placed on a wait list will be released based on the date they applied, with the oldest application dates being released first. Rationale for placement will appear in the customers case file.
• Each customer placed on a waiting list will be notified in writing of the priority categories, his or her assignment to a particular priority category classification and be informed to alert OVR regarding possible reclassifications due to a change in the individual's circumstances or due to any misclassifications. The individual will also be informed of his or her right to appeal the category assignment through informal or formal review and of the availability of assistance from the Client Assistance Program.
• Customers who do not meet the Order of Selection criteria for receiving VR services will be provided:
a. Information and referral services will remain available to eligible individuals who are not in an open priority group. These individuals will be given information and referrals to other appropriate Federal and State programs, including programs carried out by other components of the Statewide Workforce Development System, best suited to address the specific employment needs of the individual.
b. No IPE will be written to provide such services to these individuals.
Procedure for processing applications:
1. Upon receipt of referral, counselor meets with applicant to complete application and inform them about Order of Selection and resources that can assist them while on the waitlist.
2. Counselor will input data and application date; scan and upload documents in OVR's CWDS database systems and determine eligibility within 60 days from the date of application.
3. After eligibility determinations are made, customers will be assigned to an order of selection priority category based on their functional limitations and need for multiple VR services over an extended period of time (currently defined as 6 months).
4. CWDS will add the case to a waiting list in the system, not allowing services to proceed. Notice of such (as outlined above) will be sent to the customer.
Procedure for putting customers on the waiting list:
1. For each priority category, customers will be put on the waiting list based upon application date.
2. OVR Central Office will maintain this list through the CWDS.
Procedure for taking customers off the deferred list:
1. OVR will determine when to open each category based upon financial availability. One priority category will be opened at a time to clear the waiting list for that priority category before opening the next priority category.
2. If OVR is unable to serve everyone in a specific category, customers will be taken off the list by month of application, starting with the customers who have been waiting the longest to receive services.
3. A monthly list will be generated by CWDS. Each quarter, based on financial availability, OVR will determine how many customers will be taken off the deferred list for the recently opened priority category.
4. Notice will be provided to district offices that they can begin developing plans for customers in a certain range of dates, based on the application date.
5. The District Administrator will ensure customers are assigned to counselors.
6. Counselors will complete an IPE within 90 days from the date the client was taken off the waiting list. *
The OVR will be utilizing Skype-for-Business webinar broadcast capabilities to conduct public meetings throughout the State in each of the district office locations simultaneously to ensure consistency with delivery of the information. The OVR will conduct public meetings throughout the State in each OVR district office on Wednesday, May 22, 2019, from 3 p.m. to 4:30 p.m. and then again from 5 p.m. to 6:30 p.m. to provide the public, including individuals with disabilities, an opportunity to comment on the proposed amendment to close all categories of the Order of Selection outlined in description (m) of the VR Services Portion of the Commonwealth's WIOA Plan. It is not necessary to attend both sessions because the same information will be provided at these times to enable more people to participate and allow time for local comment.
All meeting sites are accessible and interpreters for people who are deaf or hard of hearing will be present at each public meeting. For additional information, reasonable accommodation requests or alternative format requests, individuals should call the OVR District Office conducting the public meeting the individual wishes to attend. Written comments may be submitted by mail to the appropriate District Office serving the area in which the individual/organization member resides.
In addition, individuals who are not able to attend in person but would like to participate by phone should call the following:
First Conference Call:
Date of Call: 05/22/19
Start Time: 03:00P (TZ: Eastern) 90 Mins.
Number: (800) 260-0712
Participant Access Code: 465374Second Conference Call:
Date of Call: 05/22/19
Start Time: 05:00P (TZ: Eastern) 90 Mins.
Number: (800) 260-0702
Participant Access Code: 465848Prior to this notice, the OVR consulted with the State Board of VR, the Pennsylvania Rehabilitation Council and the Client Assistance Program on the proposed amendment to the Order of Selection to close all categories. A copy of the proposed substantive changes to the Order of Selection, description (m) within the VR Services Portion of the WIOA Plan will be available on the OVR's web site at www.dli.pa.gov/ovr, by clicking on Publications listed under Resources.
This proposed amendment to the Order of Selection will be posted for a 30-day public comment period from May 4, 2019, to June 4, 2019. Interested persons are invited to submit written comments regarding this notice to Cindy Mundis, 1521 North 6th Street, Harrisburg, PA 17102 or by e-mail to OVRFeedback@pa.gov. It is requested that commenters include ''OOS Closing all Categories'' in the subject line to facilitate e-mail tracking of the comments.
All written comments must be received no later than 5 p.m. Tuesday, June 4, 2019.
OFFICE OF VOCATIONAL REHABILITATION DISTRICT OFFICE
PUBLIC MEETING INFORMATION The OVR public meetings will be held Statewide in each OVR district office on Wednesday, May 22, 2019, from 3 p.m. to 4:30 p.m. and then again on May 22, 2019, from 5 p.m. to 6:30 p.m.
It is not necessary to attend both sessions because the same information will be provided at these times to enable more people to participate and allow time for local comment.
Allentown BVRS District Office
(Carbon, Lehigh, Monroe and Northampton Counties)
45 North Fourth Street
Allentown, PA 18102
(800) 922-9536 (Voice), (888) 377-9207 (TTY)
Contact Person: Susan Storm (610) 821-6441Altoona BBVS District Office
(Bedford, Blair, Cambria, Centre, Clinton, Columbia, Fulton, Huntingdon, Juniata, Lycoming, Mifflin, Montour, Northumberland, Snyder, Somerset and Union Counties)
1130 12th Avenue, Suite 300
Altoona, PA 16601
(866) 695-7673 (Voice), (844) 242-1060 (TTY)
Contact Person: Anne Strollo (814) 949-7950Altoona BVRS District Office
(Bedford, Blair, Centre, Fulton and Huntingdon Counties)
1130 12th Avenue, Suite 500
Altoona, PA 16601
(800) 442-6343 (Voice), (814) 414-4707 (Video Phone)
Contact Person: Colleen Woodring (814) 946-7252Dubois BVRS District Office
(Cameron, Clearfield, Elk, Jefferson and McKean Coun-
ties)
199 Beaver Drive
DuBois, PA 15801
(800) 922-4017 (Voice), (814) 371-7505 (TTY)
Contact Person: Christina Palmer (814) 371-7340Erie BBVS District Office
(Cameron, Clarion, Clearfield, Crawford, Elk, Erie, For-
est, Jefferson, Lawrence, McKean, Mercer, Potter, Venango and Warren Counties)
4200 Lovell Place
Erie, PA 16503
(866) 521-5073 (Voice), (888) 884-5513 (TTY)
Contact Person: Dawn Sokol (814) 871-4401Erie BVRS District Office
(Clarion, Crawford, Erie, Forest, Mercer, Venango and Warren Counties)
3200 Lovell Place
Erie, PA 16503
(800) 541-0721 (Voice), (888) 217-1710 (TTY), (814) 240-
2477 (Video Phone)
Contact Person: Jack Hewitt (814) 651-9607Harrisburg BBVS District Office
(Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry and York Counties)
Forum Place
555 Walnut Street, 8th Floor
Harrisburg, PA 17101
(866) 375-8264 (Voice), (888) 575-9420 (TTY)
Contact Person: Nicole Wade (717) 787-6022Harrisburg BVRS District Office
(Cumberland, Dauphin, Juniata, Lebanon, Mifflin and Perry Counties)
Forum Place
555 Walnut Street, 8th Floor
Harrisburg, PA 17101
(800) 442-6352 (Voice), (877) 497-6545 (TTY)
Contact Person: Tracie Maille (717) 787-7834, Ext. 122Johnstown BVRS District Office
(Cambria, Indiana, Somerset and Westmoreland Coun-
ties)
Hiram G. Andrews Center, Seminar Theater
727 Goucher Street
Johnstown, PA 15905
(800) 762-4223 (Voice), (814) 255-5510 (TTY)
Contact Person: Margie Duranko (814) 255-6771New Castle BVRS District Office
(Armstrong, Beaver, Butler and Lawrence Counties)
100 Margaret Street
New Castle, PA 16101
(800) 442-6379 (Voice), (888) 870-4476 (TTY), (724) 510-
0522 (Video Phone)
Contact Person: Gail Steck (724) 656-3070Norristown BVRS District Office
(Bucks, Chester, Delaware and Montgomery Counties)
1875 New Hope Street
Norristown, PA 19401
(800) 221-1042 (Voice), (888) 616-0470 (TTY)
Contact Person: Stephanie Perry (484) 250-4340, Ext. 142Philadelphia BBVS District Office
(Bucks, Chester, Delaware, Montgomery and Philadelphia Counties)
801 Market Street, Suite 6034
Philadelphia, PA 19107
(866) 631-3892 (Voice)
Contact Person: Lynn Heitz (215) 560-5704Philadelphia BVRS District Office
(Philadelphia County)
801 Market Street, Suite 6034
Philadelphia, PA 19107
(800) 442-6381 (Voice)
Contact Person: Shari Brightful (215) 560-1972Pittsburgh BBVS District Office
(Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, Indiana, Washington and Westmoreland Counties)
531 Penn Avenue
Pittsburgh, PA 15222
(866) 412-4072 (Voice), (888) 870-4474 (TTY)
Contact Person: Shannon Austin (412) 565-5520Pittsburgh BVRS District Office
(Allegheny County)
531 Penn Avenue
Pittsburgh, PA 15222
(800) 442-6371 (Voice), (888) 870-4474 (TTY)
Contact Person: Marci Katona (412) 392-4952Reading BVRS District Office
(Berks and Schuylkill Counties)
3602 Kutztown Road, Suite 200
Reading, PA 19605
(800) 442-0949 (Voice), (484) 334-4494 (Video Phone)
Contact Person: Carole Homolash (610) 621-5800, Ext. 103Washington BVRS District Office
(Fayette, Greene and Washington Counties)
201 West Wheeling Street
Washington, PA 15301
(800) 442-6367 (Voice), (866) 752-6163 (TTY)
Contact Person: Darla Openbrier (724) 223-4430, Ext. 251Wilkes-Barre BBVS District Office
(Berks, Bradford, Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Sullivan, Susquehanna, Tioga, Wayne and Wyoming Counties)
8 West Market Street, Suite 200
Wilkes-Barre, PA 18701
(866) 227-4163 (Voice), (570) 820-4848 (TTY)
Contact Person: Maureen Taylor (570) 826-2361, Ext. 211Wilkes-Barre BVRS District Office
(Bradford, Columbia, Lackawanna, Luzerne, Pike, Sulli-
van, Susquehanna, Wayne and Wyoming Counties)
8 West Market Street, Suite 200
Wilkes-Barre, PA 18701
(800) 634-2060 (Voice), (570) 820-4848 (TTY)
Contact Person: Heather Nelson (570) 826-2011, Ext. 109Williamsport BVRS District Office
(Clinton, Lycoming, Montour, Northumberland, Potter, Snyder, Tioga and Union Counties)
The Grit Building, Suite 102
208 West Third Street
Williamsport, PA 17701
(800) 442-6359 (Voice), (800) 654-5984 (TTY)
Contact Person: Susan Swartz (570) 505-7234York BVRS District Office
(Adams, Franklin, Lancaster and York Counties)
2550 Kingston Road, Suite 101
York, PA 17402
(800) 762-6306 (Voice), (717) 666-7301 (Video Phone)
Contact Person: Susan Richeson (717) 771-4407, Ext. 204W. GERARD OLEKSIAK,
Secretary
[Pa.B. Doc. No. 19-670. Filed for public inspection May 3, 2019, 9:00 a.m.]
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