Interagency Agreement Between the Ohio Department of Education and the Ohio Rehabilitation Services Commission
The following is the text from the Interagency Agreement Between the Ohio Department of Education and the Ohio Rehabilitation Services Commission.
This agreement is between the Ohio Rehabilitation Services Commission (ORSC) and the Ohio Department of Education (ODE). This agreement provides the overview of the purposes, objectives and responsibilities of each party, joint responsibility of ORSC and ODE, mutually shared strategies for implementing the agreement, and a section regarding general agreement provisions.
The purposes of the agreement are to: 1) improve shared efforts to prepare youth with disabilities for successful careers, community jobs and independent living; 2) outline a collaborative framework for coordinating state and local services and resources; and 3) provide basic guidance for coordinating plans, policies and procedures developed to facilitate the transition of students with disabilities from school to post-school activities - including receipt of vocational rehabilitation (VR) services.
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The following section outlines the general objectives for this agreement. These are based upon federally mandated program and related state and federal regulatory requirements for both ORSC and ODE. [34 CFR 361.22 (Cooperation with Agencies Responsible for Students with Disabilities) and 34 CFR 300.142 (Methods of Ensuring Services), respectively.]
- To develop and implement procedures for outreach and identification of students with disabilities for the purpose of informing students about the VR program, application procedures, eligibility requirements, and potential scope of services.
- To provide information about each agency's role and responsibilities, including provisions for financial responsibilities, determining the State lead and qualified personnel responsible for transition services.
- To provide guidance to the educational agencies (Educational Agencies includes Local Education Agencies/school districts and Joint Vocational Centers/Career Technical Centers) and vocational rehabilitation personnel responsible for facilitating the transition planning process; and, development and completion of Individualized Education Program (IEPs) and Individualized Plan for Employment (IPE).
- To provide information about consultation and technical assistance resources to assist schools and related community support entities in planning for the transition of students with disabilities from school to post-school activities.
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The Office for Exceptional Children shall undertake the following responsibilities with respect to transition services.
- Designate educational personnel to be responsible for the provision of technical assistance, consultation and the development of statewide program strategies and procedures applicable for youth with disabilities.
- Assure that educational agencies are implementing the Operating Standards for Ohio's Schools Serving Children with Disabilities for transition services as specified by the Individuals with Disabilities Act (IDEA), assuring that transition services are based on the individual student's needs as documented in the student's IEP, taking into account the student's preferences and interests, and includes
- Planning and conducting vocational assessments and, if appropriate, functional vocational assessment;
- Providing instruction and related services that support the student's post-school goals and, if appropriate, acquisition of daily living skills.
- Develop community and work experiences that provide the opportunity for the student to participate in skill development in community settings;
- Provide specific employment skill development through career and occupational skill training, employability skills development, work behaviors and self-management skills acquisition, and supporting post-school adult living objectives; and
- Establish linkages and facilitating communication with family, school, community agencies and employers.
- Implement a longitudinal tracking system for students with disabilities after k-12 departure.
- Assure that educational agencies implement Rule 3301-51-01(RR)(4) of Operating Standards for Ohio's Schools Serving Children with Disabilities for "Transition Services" which specifies the competencies, experiences and training required to meet individual student's transition services needs.
- Work with transition resource personnel in the Special Education Regional Resource Center (SERRC) and other professional development providers to provide technical assistance to educational agency and vocational rehabilitation services personnel.
- Work with educational agencies to assure that students' records, such as the Initial Evaluation (also known as the Multifactored Evaluation (MFE)) and Reevaluation Team Report, the Individualized Education Program (IEP), Individual Career Plan (ICP) and other record have the necessary information to determine eligibility for vocational rehabilitation services.
- Encourage educational agencies and transition providers to develop linkages with vocational rehabilitation offices as early as possible in the transition process as specified by Rule 3301-51-07(c) "Individualized Education Program."
- Assure access to career-technical education program options for students with disabilities and report annual progress.
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The Ohio Rehabilitation Services Commission shall undertake the following responsibilities with respect to transition planning and vocational rehabilitation services for eligible youth.
- Designate vocational rehabilitation personnel to be responsible for the provision of technical assistance, consultation and the development of statewide program strategies and procedures applicable for youth with disabilities.
- Make relevant data available about eligibility for vocational rehabilitation services and tracking information about employment outcomes for youth with disabilities.
- Assign vocational rehabilitation counseling personnel to liaison relationships with educational agencies to formalize collaborative approaches to student planning and referral development and tracking.
- Facilitate identification of youth with disabilities who may benefit from vocational rehabilitation services as early as possible during the transition planning process.
- Provide consultation and technical assistance to educational agency personnel in developing the Individualized Education Program (IEP) that coordinates transition services with the Individualized Plan for Employment (IPE).
- Provide technical assistance to educational agency personnel through formal and informal training, joint problem-solving, and exchange of information on policies and procedures.
- Utilize existing school records to the extent possible to determine eligibility, career and vocational planning that will prepare students for vocational rehabilitation services and employment.
- Develop and approve (i.e., agreed to and signed by the student and VR counselor) the Individualized Plan for Employment (IPE) prior to the eligible student exiting school.
- Implement policy changes and procedures that allow greater flexibility with respect to assessment, eligibility determination, and career preparation.
- Review agency data collection procedures in order to improve collaboration efforts and track vocational rehabilitation services and employment outcomes.
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ODE and ORSC agree to assist in creating and supporting public partnerships that engage Ohio's families, advocates, schools/colleges and educators, employers and community organizations in improving the education, work-based learning, vocational/career technology, and employment outcomes for youth with disabilities.
The parties further agree to coordinate activities with Workforce Investment Act (WIA) Board's Youth Councils and other state agencies including the Ohio Department of Mental Retardation and Developmental Disabilities and Mental Health, and the Ohio Board of Regents assure Ohioans with disabilities have opportunities to improve their career options and earning potential.
The following Strategies will be jointly initiated:
- Support community-based experiences and training initiatives, and work to create flexibility and opportunities to expand options consistent with effective transition from school to community.
- Provide consultation and technical assistance to educational agencies and vocational rehabilitation personnel in planning for the transition of youth with disabilities that facilitates the development and completion of individualized plans prior to the student exiting school including the Individualized Plan for Employment (IPE), the 504 Plan, the Individualized Education Program (IEP) and any other plans that lead to post-secondary vocational outcomes.
- Provide training, consultation and technical assistance to educational agencies and vocational rehabilitation personnel regarding policies, procedures and best practices including when to refer students with disabilities to vocational rehabilitation; the order of selection process; eligibility and planning; informed choice and the scope of vocational rehabilitation services.
- Cooperate to identify and remove barriers to implementation of seamless planning for transition that is driven by principles of informed choice, community-based services and measurable results.
- Encourage local efforts to foster effective partnerships through which programs and services can be coordinated and responsibility for educational, vocational, and employment outcomes can be shared.
- Work to develop and support strategies to achieve funding regardless of geographic availability so that youth with disabilities have access to opportunities for career development and preparation for work.
- Participate in developing and implementing a statewide marketing and outreach plan designed to engage all stakeholders — including students, parents/advocates, teachers/faculty, administrators, employers, and community and neighborhood organizations — in identifying youth with disabilities who are eligible for services under this agreement.
- Increase communication and utilize the RSC Transition Guidelines and Best Practices booklet, ODE Operating Standards for Ohio Schools Serving Children with Disabilities and Model Procedures for the Education of Children with Disabilities for coordinating services that assures effective transition from school to employment.
- Support continued collaboration in the identification of mutually served consumers to assure the ability of the two agencies to track outcomes and impact future trends through policy development and consultation and technical assistance designed to enhance academic performance as well as career-technical, vocational, and employment outcomes for youth with disabilities.
- Consider development of special projects targeted to groups of youth with disabilities who have been traditionally underserved by both partner agencies.
- Improve methods and systems for tracking and sharing post school and employment outcomes for youth with disabilities.
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Term
This agreement shall become effective upon execution by the parties and will remain in effect until June 30, 2005, subject to the termination provision contained herein. The parties may agree to further agreement renewals with any written modifications, additions or deletions based upon mutual agreement by both parties.
A. Provision of Services and Reimbursement
ODE agrees to utilize current methods of payment for services to eligible students with disabilities to provide a free and appropriate public education. ODE will establish policy and procedures to ensure that local educational agencies (LEAs) provide the child with a disability and his/her parents with procedural safeguards as required by law through the identification, evaluation and placement process and the provision of a free and appropriate public education.
ORSC agrees to utilize current methods of payment for services to students with disabilities that have been determined to be eligible for VR services, in accordance with approved Individualized Plan for Employment. ORSC's role is planning for the student's years after exiting school and should occur as early as possible. ORSC will insure appropriate service delivery by means of providing information to consumers and their families/advocates regarding the Client Assistance Program (CAP) and the current appeal processes.
Nothing in this rule relieves either party of the responsibility to provide or pay for any transition service that the agency would otherwise provide to a student with disabilities who meets the eligibility criteria of that agency.
If a participating agency, meaning a state or local agency other than the educational agencies responsible for the student's education, that is financially and legally responsible for providing transition services to the student fails to provide the transition services described in the IEP, the education agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
B. Confidentiality
The parties shall exchange and maintain necessary confidential student/consumer information in accordance with federal and state laws, federal regulations and the administrative rules of each party.
C. Amendments
This agreement may be modified or amended upon mutual written consent of both parties.
D. Termination
Either party shall have the right to terminate this agreement, with or without cause, by giving written notice of the party's intention to terminate thirty (30) calendar days prior to the intended date of termination.
E. Renewal
This agreement may be renewed, as needed, and in accordance with mutual written agreement by both parties.
F. Partial Invalidity
A judicial or administrative finding, order or decision that any part of this agreement is illegal or invalid shall not invalidate the remainder of the agreement.
G. Drug Free Workplace
The undersigned certify that all of its employees, while working on state property, will not purchase, transfer, use or possess illegal drugs or alcohol, or abuse prescription drugs in any way.
H. Breach and Default
Upon breach or default of any of the provisions, obligations or duties embodied in this agreement, the parties may exercise any administrative contractual, equitable or legal remedies available, without limitation available under the laws of the state of Ohio. The waiver of any occurrence of breach or default is not a waiver of such subsequent occurrences and the parties retain the right to exercise all remedies mentioned herein.
I. Equal Employment Opportunity
The parties agree that in the performance of this agreement, or in the hiring of any employees for the performance of work under this agreement, the parties shall not by reason of race, color, religion, sex, age, disability, national origin, ancestry or veteran status discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the agreement relates.
J. Compliance with Federal and State Laws, Rules and Regulations
The parties shall exchange and maintain necessary confidential consumer information in accordance with federal and state laws, federal regulations and the administrative rules of each party.
K. Entirety of Agreement
All terms and conditions of this agreement are embodied herein. No other terms and conditions will be considered a part of this agreement unless expressly agreed upon in writing and signed by both parties.
L. Limitation of Liability
Liability for damages, whether in contract or in tort, shall not exceed the total amount of compensation payable under this contract or the amount of direct damages incurred by either party, whichever is less. The sole and exclusive remedies for failure to perform under this agreement shall be set forth in this provision. In no event shall either party be liable for any indirect or consequential damages, even if the other party knew or should have known of the possibility of such damages. Notwithstanding any language to the contrary, either party shall be liable for any personal injury or damage to real property or tangible property personal property, caused by its fault or negligence.
M. Interagency Disputes
The parties agree that the signers of this agreement shall resolve any disputes between the parties concerning responsibilities under or performance of any of the terms of this agreement. If the matter is still unresolved, the parties will agree to mediation. If the matter is still unresolved after mediation, the parties will jointly refer the issue to each agency's governing body, i.e. ORSC Commissioners and the State Board of Education, for final determination.
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John M. Connelly, Executive Director
Ohio Rehabilitation Services Commission
400 E. Campus View Blvd.
Columbus, Ohio 43235-4604
Date: September 9, 2003
Linda Wetters, Assistant Executive
Ohio Rehabilitation Services Commission
400 E. Campus View Blvd.
Columbus, Ohio 43235-4604
Date: September 9, 2003
Dr. Susan Zelman, Superintendent
Ohio Department of Education
25 S. Front Street
Columbus, Ohio 43215-4183
Date: September 15, 2003
Dr. Jane Wiechel, Associate Superintendent
Ohio Department of Education
Center for Students, Families and Communities
25 S. Front Street
Columbus, Ohio 43215-4183
Date: September 9, 2003
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