Division of Vocational Rehabilitation

WACs 388-891A-0610 & 388-891A-0890

DVR received recent guidance from the Rehabilitation Services Administration (RSA) that clarifies RSA’s interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA’s interpretation is inconsistent with how Washington DVR was providing post-employment services prior to filing Emergency Rule WSR 23-10-044, which modified how the service is defined in WAC. Provision of Post-Employment Services is subject to receipt of federal funding and continuing to apply Washington Administrative Code as it was written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. DVR is pursuing a rule change to stay in compliance with RCW 74.29.050. The Attorney General’s Office, Client Assistance Program, and the Washington State Rehabilitation Council have been consulted and support DVR’s reasons for the rule making. When effective, this permanent rule will supersede the emergency rule filed as WSR 23-17-167.

WACs 388-891A-0610 & 388-891A-0890

The current proposal would remove references in WAC to Post-Employment Services provided by DVR as being available to the customer post exit. The department filed a CR 105 expedited rule making under WSR 22-15-044 to begin the permanent adoption process and has been working with tribes and stakeholders to develop permanent language. We have also implemented changes to our case management system and updated our Customer Services Manual. DVR received recent guidance from the Rehabilitation Services Administration (RSA) that clarifies RSA’s interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA’s interpretation is inconsistent with how Washington DVR had been providing Post-Employment services and how it is defined in WAC. Provision of Post-Employment Services is subject to receipt of federal funding. Continuing to apply 388-891A-0610 and 388-891A-0890 as currently written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. If DVR chose not to continue the emergency rule it could be interpreted to be in violation of RCW 74.29.050.

WACs 388-891A-0610 & 388-891A-0890

The current proposal would remove references in WAC to Post-Employment Services provided by DVR as being available to the customer post exit. The department filed a CR 101 preproposal under WSR 22-12-030 to begin the permanent adoption process and has been working with tribes and stakeholders to develop permanent language. DVR has also implemented changes to the case management system and updated the Customer Services Manual. 

WACs 388-891A-0610 and 388-891A-0890

The department is amending WAC 388-891A-0610 and 388-891A-0890 because DVR received guidance from the Rehabilitation Services Administration (RSA) that clarifies RSA’s interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA’s interpretation is inconsistent with how Washington VR currently provides Post-Employment services and how it is defined in WAC. Provision of Post-Employment Services is subject to receipt of federal funding. Continuing to apply 388-891A-0610 and 388-891A-0890 as currently written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. If DVR chose not to pursue an emergency rule it could be interpreted to be in violation of RCW 74.29.050.

WACs 388-891A-0610 & 388-891A-0890

The department is amending WACs 388-891A-0610 and 388-891A-0890, to remove references in WAC to Post-Employment Services provided by DVR as being available to the customer post exit.

WACs 388-891A-0610, 388-891A-0890

The department is proposing to remove references in the WAC to Post-Employment Services provided by the Division of Vocational Rehabilitation (DVR) as being available to the customer post exit.  DVR received recent guidance from the Rehabilitation Services Administration (RSA) that clarifies RSA’s interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA’s interpretation is inconsistent with how Washington VR currently provides Post-Employment services and how it is defined in WAC. Provision of Post-Employment Services is subject to receipt of federal funding. Continuing to apply WACs 388-891A-0610 and 388-891A-0890 as currently written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. If DVR chose not to pursue an emergency rule it could be interpreted to be in violation of RCW 74.29.050.

WAC 388-891A-0220

The proposed amendment is necessary to update the contact information by which a customer can reach the client assistance program, a significant policy stakeholder for the Division of Vocational Rehabilitation and provider for recipients of vocational rehabilitation services.