The state-federal rehabilitation program: interface with special education.

The state-federal rehabilitation program: interface with special education. ABSTRACT: There are many differences between state and local specialeducation programs and the state-federal vocational rehabilitation rehabilitation:see physical therapy. (VR)program. The differences are highlighted through discussion of thehistory of the state-federal VR program, differing definitions ofindividuals with disabilities (used in VR and special education),operation of the VR program, and funding differences and resultantdifferences in evaluation standards between VR and special educationprograms. Recommendations are made to effect productive interactionbetween special education and state-federal VR agencies. Both special education and vocational rehabilitation (VR) programsserve individuals with disabilities. When special education studentsprepare for transition from school to work or postsecondary education,the interface between these two programs becomes crucial to ensuringcontinuity of services. The special education-VR interface, however, isnot a complete, complementary linkage. Eligibility for special educationservices does not ensure eligibility for vocational rehabilitationservices. Thus, it is important for special education professionals tounderstand the nature of VR programs and their differences from specialeducation programs. This article contains an overview of the state-federal vocationalrehabilitation program Noun 1. rehabilitation program - a program for restoring someone to good healthprogram, programme - a system of projects or services intended to meet a public need; "he proposed an elaborate program of public works"; "working mothers rely on the day care with special attention to the special educationVRinterface. The following topics are covered: (a) history, (b)definitions, (c) current operation, (d) funding, and (e) evaluationstandards. HISTORY The history of cooperation between state vocationalrehabilitation programs and state and local special education programssignificantly predates the establishment of the Office of SpecialEducation and Rehabilitative re��ha��bil��i��tate?tr.v. re��ha��bil��i��tat��ed, re��ha��bil��i��tat��ing, re��ha��bil��i��tates1. To restore to good health or useful life, as through therapy and education.2. Services (OSERS OSERS Office of Special Education and Rehabilitative Services ). In the first part of thissection, we provide an overview of rehabilitation legislation, thebackbone of the state-federal vocational rehabilitation program. In thesecond part, we present the history of the interface between vocationalrehabilitation and special education programs. RehabilitationLegislation The state-federal VR program today is the result of alegislative legacy that began with the 1920 Smith-Fess Act. The initiallegislation provided 50% federal matching funds Noun 1. matching funds - funds that will be supplied in an amount matching the funds available from other sourcescash in hand, finances, funds, monetary resource, pecuniary resource - assets in the form of money for state funds spent onvocational rehabilitation of persons with physical disabilities (seeJenkins, 1987; Rubin & Roessler, 1987). In 1943, the Bardon-LaFollette Act extended VR services to personsclassified as mentally retarded Noun 1. mentally retarded - people collectively who are mentally retarded; "he started a school for the retarded"developmentally challenged, retarded or mentally ill (although very limitednumbers were served). The legislation also provided the first federalsupport for state VR programs for persons with blindness (see Jenkins,1987; Rubin & Roessler, 1987). The era from 1954 to 1972 was known as the Golden Era ofRehabilitation due to significant expansion of services (Rubin &Roessier, 1987). The Vocational Rehabilitation Act Amendments of 1954(Public Law 565) authorized federal grants to colleges and universitiesto train professionals at the master's degree level to providerehabilitation services to persons with disabilities. In addition, thestate-federal VR program was expanded through an increase in the federalmatching fund percentage from 50% to 66 2/3%. Services to persons withmental illness and mental retardation mental retardation,below average level of intellectual functioning, usually defined by an IQ of below 70 to 75, combined with limitations in the skills necessary for daily living. were expanded through thefollowing provisions: (a) research and demonstration grants, (b)extension and improvement grants, and (c) rehabilitation facilitydevelopment grants (see Rubin & Roessler, 1987). The 1973 Rehabilitation Act represented a major overhaul ofrehabilitation legislation in response to changing social trends,especially a growing consumer movement. The Individual WrittenRehabilitation Plan (IWRP IWRP Individual Written Rehabilitation PlanIWRP Institute of Water Resources PlanningIWRP Individual Waste Reduction Program ) was introduced to ensure consumer involvementin rehabilitiation planning (see Rubin & Roessler, 1987). A priorityof services was introduced for persons with severe disabilities. Thispriority means that, in periods of fiscal restraint, states must firstprovide services to those who meet legislative and regulatorydefinitions of severe disability (Jenkins, 1987; Rubin & Roessler,1987). The 1973 Rehabilitation Act had a number of other significantprovisions. Of historic importance were sections 501 through 504 of theAct, which dealt with equal access to transportation, education, andemployment for persons with disabilities. The Act also stressed programevaluation Program evaluation is a formalized approach to studying and assessing projects, policies and program and determining if they 'work'. Program evaluation is used in government and the private sector and it's taught in numerous universities. and established demonstration projects in Independent LivingRehabilitation Services (see Jenkins, 1987; Rubin & Roessler, 1987). The VR program continued its expansion with the 1978 amendments,which established Independent Living services for persons who may not beemployable as part of the state-federal VR program (Jenkins & Odle,1980). The Rehabilitation Act Amendments of 1986 reaffirmed the priorityof services for persons with severe disabilities by placing in statute amore comprehensive definition of "individual with severehandicaps" (section 103[h]) and introducing supported employmentservices as an acceptable goal for rehabilitation services. This samelegislation also reversed the trend of increased federal matching fundswhich peaked at 80% in 1968 by scheduling a gradual reduction to 75%(Rubin & Roessler, 1987; The Rehabilitation Act Amendments, 1986).History of the Special Education VR Interface State VR agencies haveworked cooperatively with schools for over three decades (DiMichael,1950). During the 1950s, Michigan and Minnesota were among the stateswith cooperative programs that were accorded national recognition. Suchcooperative ventures were further stimulated in the 1950s by theexpansion of rehabilitation services to persons with mental retardation.By the 1960s cooperative work study programs were common. These programswere joint ventures of VR agencies and school systems, which placedstudents with disabilities (mostly mild mental retardation) in part-timeemployment. Employment preparation and supervision was provided byspecially designated teachers (Szymanski, 1984). The growth of the work study programs continued through the 1960s.School VR work study agreements not only assisted students withdisabilities in transitioning to employment, but, often, such agreementsalso provided financial benefits to the state VR agencies. Although theVR agencies paid for such services as partial reimbursement ReimbursementPayment made to someone for out-of-pocket expenses has incurred. of wages toemployers during a student's training, many gained valuablematching dollars in these endeavors. Some VR agencies certified See certification. schoolexpenses related to the work study program (e.g., teacher salaries) as atype of "in kind" service that counted toward the matchingfunds needed to receive full federal funding allocation. The expansion of work study programs was interrupted in the 1970sby conflicting regulations of the Education of All Handicapped ChildrenAct of 1975 and the Rehabilitation Act of 1973 and by questionsregarding matching fund procedures (Bullis & Foss, 1983; Szymanski& Danek, 1985). In 1978 the Rehabilitation Services Administration(RSA) issued an order terminating many such 'in kind' matchingpractices. Although the order was rescinded in 1979 (Szymanski &Danek, 1985), a substantial decline in the numbers of students served bywork study programs occurred between 1977 and 1980 (Bullis & Foss,1983). At about the same time as the work study programs were declining,the administrations of special education and vocational rehabilitationprograms were promoting cooperative endeavors. A work group was formedby the Bureau of Education for the Handicapped and RSA, and historicjoint memorandums were issued by the commissioners of Education andRehabilitation Services in 1978 and 1979. The purpose of thiscommunication was to encourage states to work toward collaboration andto give priority to formal cooperative agreements among specialeducation, vocational rehabilitation, and vocational education agencies(Jenkins & Odle, 1980). Cooperation between VR and special educationagencies was also encouraged by the 1978 passage of the Rehabilitation,Comprehensive Services, and Developmental Disabilities Amendments, whichrequired that state plans include assurances of cooperativerelationships (Eleventh Institute on Rehabilitation Issues [EIRI EIRI Except In Rare Instances (NASCAR rule book)],1984). In 1979 cooperation was solidified so��lid��i��fy?v. so��lid��i��fied, so��lid��i��fy��ing, so��lid��i��fiesv.tr.1. To make solid, compact, or hard.2. To make strong or united.v.intr. on the federal level with theestablishment of the U. S. Department of Education and the Office ofSpecial Education and Rehabilitation Services (OSERS) (Jenkins, 1987). Coordination between special education and VR programs was furtherstimulated by the 1984 OSERS Transition Initiative (Will, 1984). Thehistorical events in the special educationVR interface are summarized inchronological order in Table 1. Despite a relatively long history ofcooperative endeavors, problems still plague the VR-special educationinterface. An initial understanding of the nature of the problems can begained from examination of the statutory definitions governing specialeducation and vocational rehabilitation programs. DEFINITIONS Theinterface of special education and rehabilitation programs iscomplicated by the use of different definitions for the term individualwith handicaps. The Office of Special Education and RehabilitativeServices (OSERS) uses three different definitions. For specialeducation, the OSERS Office of Special Education Programs is governed bysection 1401(a) of The Education for All Handicapped Children Act The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress in 1975. of1975, (20, U.S.C.) as amended, which defines handicapped children asfollows: Mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired children, or children with specific learning disabilities, who by reason thereof require special education and related services. On the other hand, the Rehabilitation Services Administration(RSA), the OSERS office that administers rehabilitation programs, isgoverned by a substantially different definition of disability for theoperation of the basic state VR program. This definition, contained inSection 7(a) of the Rehabilitation Act (29, U.S.C.), has defined anindividual with handicaps as follows: Any individual who (i) has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment and (ii) can reasonably be expected to benefit in terms of employability from vocational rehabilitation services provided pursuant to titles I and Ill of this Act. The Rehabilitation Act contained another definition of disabilitythat addressed the National Council on the Handicapped and civil rightsissues of equal access and nondiscrimination non��dis��crim��i��na��tion?n.1. Absence of discrimination.2. The practice or policy of refraining from discrimination.non (Sections 501-504 of the1973 Rehabilitation Act, 29, U.S.C.). According to according toprep.1. As stated or indicated by; on the authority of: according to historians.2. In keeping with: according to instructions.3. this definition,which was contained in Section 7(b) of the Rehabilitation Act asamended, an individual with handicaps is defined as follows: Any person who (i) has a physical or mental disability which substantially limits one or more of such person's major life activities, (ii) has a record of such an impairment Impairment1. A reduction in a company's stated capital.2. The total capital that is less than the par value of the company's capital stock.Notes:1. This is usually reduced because of poorly estimated losses or gains.2. , or (iii) is regarded as having such an impairment. Because of the civil rights applications of sections 501-504 of theRehabilitation Act, this last definition has impact throughout educationand rehabilitation settings. It also affects any business, industry, orinstitution receiving over more than a minimum amount of federal funds Federal FundsFunds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.Notes:These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve (Rubin & Roessler, 1987). The definitional differences between special education andvocational rehabilitation legislation result in differences ineligibility for services. Such differences become evident when oneexamines the basic operation of the state-federal vocationalrehabilitation program. PROGRAM OPERATION On the federal level, thestate-federal VR program is operated by the U.S. Department of Educationthrough the Office of Special Education and Rehabilitative ServicesOSERS). Interpretation and regulatory authority Noun 1. regulatory authority - a governmental agency that regulates businesses in the public interestregulatory agencyadministrative body, administrative unit - a unit with administrative responsibilities are issued through theRehabilitation Services Administration (RSA) and are contained in theRehabilitation Services Manual. RSA provides funding to and monitorsperformance of state VR agencies through individual state plans(Mandeville & Brabham, 1987). VR services are either provided directly by the state agencyrehabilitation counselor (as in the case of counseling and guidance) orpurchased from approved vendors (Bolton, 1987). The goal of VR servicesis to enable the employability or independent living of persons withdisabilities (Mandeville & Brabham, 1987). When a person with a disability applies for VR services, an initialinterview and preliminary diagnostic investigation is performed by therehabilitation counselor to determine eligibility for rehabilitationservices. If an individual is determined to be eligible for VR services,an individual written rehabilitation plan (IWRP) is prepared. The IWRPis the central document in VR service delivery (Mandeville &Brabham, 1987). Its contents include the following The ultimate employment goal, the short-term objectives and corresponding services pursuant to that employment goal, the anticipated dates for the initiation of each service, and the procedure and schedule for progress reviews. The IWRP also sets forth the client's rights, remedies, and methods of appeal. . . . (Mandeville & Brabham, 1987, p. 53) VR services include (a) counseling andguidance, (b) physical and mental restoration, (c) vocational training,(d) job placement, and (e) training or placement support services support servicesPsychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services suchas maintenance payments, interpreters, or transportation (Mandeville& Brabham, 1987; Walls & Tseng, 1987). Counseling and vocational planning are the central services. Allother services are provided in the context of the counselingrelationship (Mandeville & Brabham, 1987). Though counselingservices are available without cost to all eligible VR clients, otherservices may be contingent on Adj. 1. contingent on - determined by conditions or circumstances that follow; "arms sales contingent on the approval of congress"contingent upon, dependant on, dependant upon, dependent on, dependent upon, depending on, contingent an economic means test means testn.An investigation into the financial well-being of a person to determine the person's eligibility for financial assistance.means testNoun (e.g., prosthetic pros��thet��icadj.1. Serving as or relating to a prosthesis.2. Of or relating to prosthetics.prostheticserving as a substitute; pertaining to prostheses or to prosthetics. devices, surgical interventions, college tuition The examples and perspective in this article may not represent a worldwide view of the subject.Please [ improve this article] or discuss the issue on the talk page.College tuition ). State-federal VR services are not available to all persons withdisabilities (Bolton, 1987). Only persons meeting the statutorydefinition of "individual with handicaps" in Section 7(a) ofthe 1973 Rehabilitation Act can be considered eligible for VR services.Thus, an individual must be determined to have a disability that resultsin a substantial handicap to employment and to reasonably be expected tobenefit from VR services in attaining of employability. Another factor that affects availability of VR services is thelegislated priority for services to persons with severe disabilities. Inperiods of fiscal restraint, VR services may not be available forindividuals meeting the statutory definition who do not meet theadditional definition for severe disability (Jenkins, 1987; Mandeville& Brabham, 1987). In general terms, RSA (1988b) has defined persons with severedisabilities as those individuals meeting the following criteria: (a) having stated types of major disabling dis��a��ble?tr.v. dis��a��bled, dis��a��bling, dis��a��bles1. To deprive of capability or effectiveness, especially to impair the physical abilities of.2. Law To render legally disqualified. conditions such as blindness, deafness, and orthopedic impairments involving three or more limbs; or (b) having disabilities as qualified in some instances such as hearing impairments with a certain degree of decibel decibel(dĕs`əbĕl', –bəl), abbr. dB, unit used to measure the loudness of sound. It is one tenth of a bel (named for A. G. Bell), but the larger unit is rarely used. loss; or (c) being so impaired that they were receiving Social Security Disability insurance benefits or Supplemental Security Income Supplemental Security IncomeA Social Security program established to help the blind, disabled, and poor. payments at some time while undergoing rehabilitation services; or (d) having a documented loss in functioning such as the inability to perform sustained work activity for six hours or more and requiring multiple vocational rehabilitation services over an extended period of time. (p.4) This definition is important for special educators in that manyspecial education students who are classified as mildly handicapped maynot meet the RSA severe disability criteria. Thus, in planningtransition services, it will be important for special educationprofessionals to be aware of the specific guidelines used by individualstates to implement the priority of service in times of fiscalrestraint. Both the priority of services and the eligibility determinationillustrate fundamental differences between special education andvocational rehabilitation programs. In special education, educationitself is both a goal and a process. In contrast, the VR programrequires the counselor to certify cer��ti��fy?v. cer��ti��fied, cer��ti��fy��ing, cer��ti��fiesv.tr.1. a. To confirm formally as true, accurate, or genuine.b. that the services will enhance theclient's employability. The Rehabilitation Act Amendments of 1986(29, U. S.C.) removed many eligibility barriers for students with severedisabilities who need supported employment services. Nonetheless,eligibility can still be problematic for many students with milddisabilities which may or may not be determined to be handicaps toemployment (e.g., mild speech impairments, mild learning disabilities)and for other students with severe disabilities having unfavorableprognoses (e.g., students with severe life-threatening disabilities suchas muscular dystrophy muscular dystrophy(dĭs`trōfē), any of several inherited diseases characterized by progressive wasting of the skeletal muscles. There are five main forms of the disease. ). The priority of services means that a person may meet all theeligibility requirements for VR services but not receive such services.Special education, on the other hand, guarantees a free and appropriatepublic education to all identified individuals with handicaps who needspecial education services (Podemski, Price, Smith & Marsh, 1984).In essence, special education is an entitlement program, whereas VR isnot. The funding differences discussed in the next section will providefurther illustration of this difference. FUNDING As discussedpreviously, the state VR agency is funded on a federal matching formula.The majority of VR funds is traceable directly to federal legislation(Jenkins, 1987), although taxes or other revenues at the state levelenter into the funding of the state agency. Special education, on the other hand, receives considerable fundingthrough local taxes. It, therefore, is more susceptible to local serviceneeds and priorities. VR has no provision for supplementation of itsfunding base through local taxes. Therefore, VR services are notconstrained con��strain?tr.v. con��strained, con��strain��ing, con��strains1. To compel by physical, moral, or circumstantial force; oblige: felt constrained to object.See Synonyms at force.2. by limited local tax bases or affected by local variation ofdistrict wealth as are special education services (Jenkins, 1987;Podemski et al., 1984). Overall, the funding situation is very different for VR and specialeducation. VR's funding base is fixed by federal appropriations,although states may supplement beyond their matching requirements.Special education, on the other hand, is required to provide services toall eligible individuals to remain in compliance with the law andeligible for federal funding. Local school taxes provide the bufferthrough which the additional costs are absorbed in lean times. The differences in both legislation and funding contribute todifferences in program evaluation standards. An important considerationfor special educators in interacting with VR agencies is the standardson which the VR agency are evaluated. PROGRAM EVALUATION Although stateVR agencies are evaluated by a variety of criteria, a major criterion isthe number of clients whose cases are closed---as rehabilitated."Such closures are attained when individuals have worked for at least 60days in suitable employment, which can include competitive employment,sheltered employment, and homemaking (Cook & Cooper, 1979).Following is a list of additional common VR evaluative criteria: theratio of rehabilitated closures to total closures (rehabilitation rate),not including those closed from applicant status; the total numbers ofclients served; the percentage of clients with severe disabilitiesserved; the percentage of rehabilitated clients closed in competitiveemployment (as opposed to sheltered employment or homemaking); and caseservice costs per closure (RSA, 1988a, 1988b; Walls & Tseng, 1987). Kallsen and Kidder (1985) emphasized that VR agencies are evaluatedon the numbers of individuals served, whereas special education agenciesare evaluated on their compliance with federal laws and regulations.Unlike VR, special education does not establish goals against which thesuccess of the program can be measured" (p. 26). For the special educator, this means that it may be difficult tosecure VR involvement when a program's potential outcomes are notjob placements and subsequent rehabilitation closures. The EleventhInstitute of Rehabilitation Issues (EIRI, 1984) has suggested that it isquite possible for both special education and rehabilitation to benefitfrom collaborative relationships. A major determiner of success,however, was considered to be knowledge of and contribution towardcommon goals (i.e., placement of students with disabilities in permanentemployment). This article has addressed the state-federal vocationalrehabilitation program, not the rehabilitation counseling rehabilitation counseling,n counseling started in the United States in 1920 to assist individuals disabled by industrial accidents; originally included physical, psychologic, and occupational training; expanded over the next 70 years and laid the profession.Rehabilitation counseling can be considered as a related service in theprovision of special education (House Report No. 99-860, 1986). Thusschool rehabilitation counselors may be able to buffer the differencesbetween the needs of special education and the availability of VRservices. Professional rehabilitation counselors employed directly byschool systems are bound by the eligibility and programmatic pro��gram��mat��ic?adj.1. Of, relating to, or having a program.2. Following an overall plan or schedule: a step-by-step, programmatic approach to problem solving.3. requirements of special education rather than rehabilitationlegislation. Such individuals may not only assist in the specialeducation-VR interface, but may also be major sources of transitionplanning for special education students who are not eligible for VRservices. (Szymanski & King, 1989). SUMMARY In summary, thestate-federal vocational rehabilitation programs and state and localspecial education programs both serve persons with disabilities;however, they differ in a number of organizational and funding areas(Jenkins & Odle, 1980). The programs use different definitions,different processes, and different standards of evaluation. Fundingpatterns for special education and vocational rehabilitation are quitedifferent. Critical differences between VR and special educationprograms are overviewed in Table 2. Unquestionably un��ques��tion��a��ble?adj.Beyond question or doubt. See Synonyms at authentic.un��question��a��bil , the major difference between the two programs isthat special education is an entitlement program and VR is not. Theestablishment of a disability and resultant educational impediment A disability or obstruction that prevents an individual from entering into a contract.Infancy, for example, is an impediment in making certain contracts. Impediments to marriage include such factors as consanguinity between the parties or an earlier marriage that is still valid. isusually sufficient for special education eligibility. VR eligibility, onthe other hand, requires not only a handicap to employment, but alsodemonstration of the potential to benefit from such services in terms ofa goal of employability. Even if these criteria are met, priority ofservice requirements may lessen the availability of VR services topersons whose disabilities are not considered severe. When interfacing with the state-federal VR programs, specialeducators are required to understand a system very different from theirown. This understanding is basic to cooperative relationships on stateand local levels between vocational rehabilitation agencies and specialeducation agencies. This understanding is also basic to local levelrelationships between special educators and state agency rehabilitationcounselors. The ultimate benefactors of such cooperative relationshipswill be students with disabilities and their families who will beassisted in the transition between two different service deliverysystems.