Vocational Rehabilitation Services Manual A-300: Specific Customer Populations

A-301-1: Visual Impairment Terminology

The following terminology is used throughout this manual when referring to individuals who may be eligible for VR services due to a visual impairment.

This is a global term "visual Impairment" includes the following:

• Blindness – Visual acuity with best correction of 20/200 or less in the better eye, a visual field of 20 degrees or less, or a combination of both.
• Low vision – Visual acuity with best correction of 20/70 or less in the better eye, a visual field of 30 degrees or less in the better eye, or a combination of both.
• Significant visual impairment – A disease or condition of the eye that does not meet the definitions of blind or low vision but does create a significant impediment to employment and cannot be corrected with glasses or contact lenses.

Note: The visual acuity to be used is the best corrected distance acuity. Best correction is the best visual acuity obtained with a simple refraction (glasses or contact lenses), not with a low vision aid, such as a telescopic aid. An ophthalmologist or optometrist must

• measure the visual acuity using the distance Snellen chart, or
• measure and then convert the measurement to the distance Snellen equivalent in writing.

A-301-2: Specialty Caseloads

Individuals who are eligible for VR services and have a visual impairment as their primary disability are seen by a VR counselor who specializes in working with individuals with visual impairments.

The comprehensive statewide needs assessment(CSNA) identified other underserved populations such as youth transitioning from high school and individuals with mental illness. These results are consistent with the priority areas identified in early 2014 during the legacy Texas Department of Assistive and Rehabilitative Services' (DARS) strategic planning process for Fiscal Years 2015–2019 (FY'15–19).

For more information, see VRSM C-800: Neurodevelopmental and Psychological Services.

Under final §361.28(a)(2), which remains unchanged from previous regulations, VR services provided under a third-party cooperative arrangement are only available to applicants for, or recipients of, services from the VR program. Given amendments made by the Workforce Innovation and Opportunity Act (WIOA), particularly new provisions in §103(b)(7), regarding transition services to groups of students and youth with disabilities, and §113, regarding the provision of pre-employment transition services (Pre-ETS) to students with disabilities, it is possible that some of these services will be provided to youth or students with disabilities who have not yet applied or been determined eligible for VR services. This means that these students and youth with disabilities would be considered "recipients" of VR services for purposes of final §361.28. As such, designated state units can enter third-party cooperative arrangements for the provision of these group transition services or Pre-ETS as long as all requirements of final §361.28 are satisfied.

Under WIOA, TWC is charged with expanding and improving VR services, including Pre-ETS, for students with disabilities who are transitioning from high school to postsecondary education and/or employment, and improve coordination with state and local secondary and postsecondary educational entities.

WIOA also charges TWC with providing supported employment services to youth and other individuals with the most significant disabilities who require extended support to achieve and maintain an employment outcome.

Additionally, the Memorandum of Agreement (MOA) with the Texas Education Agency enables data sharing to more accurately assess the number of students with disabilities who may be eligible or potentially eligible to receive Pre-ETS. VR continues to conduct active outreach and recruitment to ensure that Supported Employment Assessment personnel, local education agencies, community partners, and students are aware of the availability of Pre-ETS and the ways in which VR can partner with schools to provide Pre-ETS services that complement services available under the Individuals with Disabilities Education Act.

For more information, see C-1300: Transition Services for Students and Youth with Disabilities.

A-307-1: Legal Authorization

34 CFR §361.24(h)(i)

"(i) Coordination with ticket to work and self-sufficiency program. The vocational rehabilitation services portion of the Unified or Combined State Plan must include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 USC 1320b-19)."

A-307-2: Policy

The Ticket to Work Program (TTW) is a voluntary program developed and administered by SSA for customers ages 18 to 64 who receive SSA disability benefits.

The program offers expanded options for:

• access to employment services;
• VR services; and
• other support services.

TTW services are provided by employment networks (ENs) as defined by SSA. All state VR agencies have the option of providing VR services under the traditional SSA/VR cost reimbursement program or as an EN through TTW. VR provides services to TTW customers under the traditional SSA/VR cost reimbursement program.

There are many private providers and organizations that are ENs. See a complete list of ENs in the United States.

The VR counselor informs each customer receiving SSA disability benefits that developing an IPE with VR initiates ticket assignment under TTW, and that the customer's ticket:

• assignment may protect him or her from SSA medical continuing disability reviews (MCDRs);
• is not assignable to an EN while his or her VR case is open;
• can be assigned to an EN within 90 days of VR case closure for long-term support services, job retention services, or other types of support services that help the customer maintain long-term employment; and
• may be assigned to an EN within 90 days of VR case closure to ensure that the customer has continued protection from SSA MCDRs.

If certain conditions are met, VR receives cost reimbursement from SSA. When SSA provides VR with reimbursement, it is paying for the cost of the services provided to customers who receive SSDI or SSI benefits based on disability.

Cost reimbursement from SSA requires the customer to meet the following criteria:

• Received SSI or SSDI benefits (or both) at the same time as he or she received TWC-VR services; and
• Worked:
  • a continuous nine months out of a 12-month period;
  • at or above the substantial gainful activity (SGA) guidelines; and
  • during or after receiving TWC-VR services.

For a complete explanation of SSA VR cost reimbursement, see the SSA VR Ticket to Work webpage.

A-307-3: Procedures

It is extremely important to check a customer's ticket status at application. Use the following process to check customer ticket status:

1. At the time of the customer's application, determine whether the customer has assigned his or her ticket to an EN by asking the following:
   • Have you talked with a provider, center for independent living, or EN about your TTW?
   • If you have, do you know if you assigned your ticket?
2. If there is no indication from the customer that the ticket has been assigned, discontinue this process.
3. If the customer says that he or she is not sure if the ticket is assigned and indicates that it might be assigned, you will need to contact the State Office Program Specialist for Federal Planning, SSA, and Ticket to Work for verification.
4. If the customer has assigned his or her ticket to an EN and is determined eligible for VR services, request that he or she submit the Ticket Unassignment Form to the TTW program manager to request that the ticket be unassigned.
5. If a customer chooses not to unassign the ticket from an EN:
   • request a copy of the individual work plan (IWP) entered by the customer and the EN;
   • consider any services listed on the IWP as comparable benefits; and
   • advise the customer that TWC-VR will not provide any of the services listed on the IWP if the ticket is still assigned to the other EN.

In some situations, the State Office Program Specialist for Federal Planning, SSA, and Ticket to Work may identify customers with tickets assigned to ENs. The VR counselors assigned to those customers' cases will be notified by email that the customers' tickets are already assigned to an EN. When VR staff receives this email, notify the customer that the ticket is assigned and follow the procedures previously outlined.

A-307-4: SSAVR Ticket to Work Partnership Plus Program

SSA's Ticket to Work Partnership Plus Program allows TWC-VR and ENs to partner to provide long-term job support services to ticket customers after VR case closure. The VR/EN partnership also gives ticket customers an opportunity to receive continued exemption from SSA's medical continuing disability reviews (MCDRs). The TTW Partnership Plus Program should be considered at case closure when a customer is:

• employed below substantial gainful activity (SGA) guidelines but has the potential and willingness to earn above SGA with EN support or services; or
• employed at or above SGA, and EN supports and services would assist in maintaining employment.

To activate the TTW Partnership Plus Program, the customer assigns his or her ticket to the new EN after VR case closure.

Employment advancement payments for Community Rehabilitation Programs (CRPs) that are also ENs and partner with VR under the Ticket to Work Partnership Plus program are eligible for two EN employment advancement payments from VR in addition to ticket payments the EN receives from SSA under the TTW program.

The payments are only made after a customer's VR case is closed and assigned to the CRP-EN that provided CRP services to the customer during the provision of VR services. To issue a service authorization for these services, the VR case must be in post-employment status.

A-307-5: Employment Network Employment Advancement Payment: One

The CRP-EN provides services necessary for the customer to retain and advance in employment to the point that the customer achieves one month of gross monthly pay that meets or exceeds substantial gainful activity (SGA) guidelines for the year in which the income was earned.

This payment is available only during the first 12 months after VR case closure. For Supported Employment (SE) only, the CRP must be identified as a primary provider on VR1616B, Supported Employment Service Closure Summary, and the necessary long-term support to be provided by the CRP must be outlined on the form.

The CRP-EN must notify the VR counselor in writing at least 30 days before the CRP-EN anticipates that the customer will achieve the required income level so that appropriate service authorizations may be issued.

Required Documentation

The following documents are required as proof that the customer's ticket is currently assigned to the CRP-EN for which a service authorization is to be issued:

• VR1050, Ticket to Work Partnership Plus, Employment Advancement Payment, must be completed and:
  • signed by the job placement or supported employment provider; and
  • attached with one of the following documents to provide evidence of customer gross earnings:
    • Copy of the customer's pay stub
    • Earnings statement prepared and signed by the customer's employer
    • Records from a third-party source that present earnings by month
• Written documentation that the ticket has been assigned to the CRP-EN, such as:
  • a ticket assignment confirmation letter from SSA; or
  • SSA Form 1370 or Employment Network Ticket Assignment Request Form, which must be completed and signed by the customer and CRP-EN within 30 days of the invoice date.

Outcome

The first EN advancement outcome is achieved when:

• the customer's VR case has been closed successfully following the provision of either job placement services or supported employment services from the CRP-EN;
• the customer has assigned the ticket to the CRP-EN; and
• the customer has earned one month of gross monthly pay that meets or exceeds SGA for the year in which the income was earned.

Payment

The first EN employment advancement payment must be made within 12 months after VR case closure.

Payment (see the VR Standards for Providers Chapter 13: Work Readiness Services,  13.18 Work Readiness Services Fee Schedule) is made when the VR counselor receives and approves:

• the VR1050, Ticket to Work Partnership Plus, Employment Advancement Payment;
• evidence of customer earnings;
• documentation that the customer's ticket is currently assigned to the CRP-EN; and
• an invoice.

A-307-6: Employment Network Employment Advancement Payment: Two

Service Description

The CRP-EN provides services necessary for the customer to retain and advance in employment to the point that the customer achieves eight of 12 consecutive months of gross monthly pay that meets or exceeds 105 percent of SGA for the year in which the income was earned. This payment is available only during the first 18 months after the first EN employment advancement payment.

The CRP-EN must notify the VR counselor in writing at least 30 days before the CRP-EN anticipates that the customer will achieve the required income level for appropriate service authorizations to be issued.

Required Documentation

The following documents are required as proof that the customer's ticket is currently assigned to the CRP-EN for which a service authorization is to be issued:

• VR1050, Ticket to Work Partnership Plus, Employment Advancement Payment, must be completed and:
  • signed by the job placement or supported employment provider; and
  • attached with one of the following documents to provide evidence of customer gross earnings for 8 of 12 consecutive months:
    • Copy of the customer's pay stubs;
    • Earning statement prepared and signed by the customer's employer; and
    • Records from a third-party source that present earnings by month.
• Written documentation that the ticket has been assigned to the CRP-EN, such as:
  • a ticket assignment confirmation letter from SSA/MAXIMUS; or
  • SSA Form 1370 or Employment Network Ticket Assignment Request Form, which must be completed and signed by the customer and CRP-EN within 30 days of the invoice date.

Outcome

The second EN employment advancement outcome is achieved when:

• all criteria for the first EN employment advancement payment are met; and
• the customer has achieved eight of 12 consecutive months of gross monthly pay that meets or exceeds 105 percent of SGA for the year in which the income was earned.

Payment

The second EN employment advancement payment must be made within 18 months after the first payment.

Payment for the second EN employment advancement (see the VR Standards for Providers Chapter 13: Work Readiness Services,  13.18 Work Readiness Services Fee Schedule) is made when the VR counselor receives and approves:

• the VR1050, Ticket to Work Partnership Plus, Employment Advancement Payment;
• evidence of customer earnings;
• documentation that the customer's ticket is currently assigned to the CRP-EN; and
• an invoice.

For assistance with this process, contact the State Office Program Specialist for Federal Planning, SSA, and Ticket to Work.

A-307-7: Social Security Medical Continuing Disability Review

SSA conducts MCDRs to determine whether SSI and SSDI recipients' disabilities continue. MCDRs are usually conducted based on an established diary date set by SSA. The BPQY lists the next diary date set by SSA.

If an unfavorable decision is issued by SSA because of an MCDR, the individual is terminated from SSA benefits. SSA exempts certain individuals from MCDRs if they are participating in TTW or VR services.

Once an IPE is signed, TWC-VR operations staff from the central office notifies SSA that the customer has an open case with TWC-VR; SSA then sends a letter to the customer to verify that he or she is receiving services from TWC-VR. While a customer has an open case with TWC-VR, SSA assigns one of two ticket statuses: "In Use SVR" or "Not in Use SVR-FTPR."

Customers with status "In Use SVR":

• are provided protection against MCDR;
• have an open VR case; and
• are meeting SSA's timely progress benchmarks.

Customers with status "Not in Use SVR-FTPR":

• are not provided protection against MCDR;
• have an open VR case; and
• are not meeting SSA's timely progress benchmarks.

SSA sends a letter to the customer if MCDR is going to be initiated. If a customer with an open VR case receives this notification, the VR counselor contacts the VR benefits subject matter resource staff member. The benefits subject matter resource staff member works with the State Office Program Specialist for Benefits and Liaison to Long-Term Support Services (LTSS) and/or State Office Program Specialist for Benefits and Work Incentives to determine if the initiation of MCDR was appropriate. If it was not, these state office VR program specialists assist in requesting that SSA stop the MCDR.

A-307-8: Section 301 Continuation of Payments and Health Care

Section 301 payments are the continuation of SSI/SSDI benefit payments and Medicaid/Medicare after MCDR is conducted and an unfavorable decision has been issued. SSA has processes in place to identify potential Section 301 cases and to make Section 301 determinations on those cases.

Section 301 payments are authorized when a customer:

• participates in VR services;
• began participating in the program before the month his or her disability ceased;
• continues participating in the program through the two-month grace period after cessation; and
• is determined by SSA to have an increased likelihood of no longer requiring disability benefits if he or she completes or continues the program for a specified period.

Section 301 payments continue until one of the following occurs:

• VR services are completed
• Customer stops participating in VR services
• SSA determines that continued participation in VR services will no longer increase the likelihood that the customer will be able to discontinue SSI/SSDI disability benefits

If a customer has received an unfavorable decision as the result of MCDR, the customer might be eligible for continued cash payments and health care under Section 301. Advise the customer to contact SSA to verify participation in VR services and request a determination of eligibility for continuation of benefits under Section 301.

Section 511 of the Rehabilitation Act of the Workforce Innovation and Opportunity Act (WIOA), requires that employers holding special wage certificates under the Fair Labor Standards Act (FLSA) comply with certain requirements before hiring individuals at subminimum wage (SMW), or to continue paying SMW to participants. Regardless of age, individuals with disabilities referred to VR who are, or are expected to be, employed at SMW must receive career counseling and information and referral services designed to promote opportunities for competitive integrated employment.

A-309-1: Subminimum Wage Recipient Terminology

The following terminology is specific to the policies and procedures throughout A-309: Subminimum Wage Recipients:

Career counseling

A discrete set of activities, different from counseling and guidance, that are mandated by Workforce Innovation and Opportunity Act (WIOA) that must be completed by VR staff for all individuals earning SMW in Texas, regardless of their state of residence or severity of disability.

14c Certificate holder

A 14c certificate holder (14c) is any employer that receives a certificate from DOL Employment Standards Administration's Wage and Hour Division to pay workers with disabilities SMW (wages less than the federal minimum wage).

Piece rate

Piece rate is a type of Sub minimum wage.

Point of contact

VR staff assigned to provide career counseling sessions to individuals who are working for SMW for a 14c.

Subminimum wage

SMW is always less than the minimum wage established by Fair Labor Standards Act (FLSA) or, where applicable, less than the prevailing wage required by a McNamara-O'Hara Service Contract Act wage determination. SMW must be a commensurate wage, based on the productivity of the worker with a disability (no matter how limited), in proportion to the productivity of experienced workers who do not have disabilities that impact their productivity when performing essentially the same work in the same vicinity.

Twenty-one years of age

An individual who has not yet reached their 22nd birthday.

Twenty-four years of age

An individual who has not yet reached their 25th birthday.

A-309-2: Individuals Earning Subminimum Wage

There are three groups of individuals who earn subminimum wage that require career counseling and information and referral services. The specific requirements apply to each of the following groups:

Group One

All individuals earning SMW or piece rate hired by a 14c before July 22, 2016, regardless of age, must have received, no later than July 22, 2017, and annually thereafter, career counseling services, which include information on and referral to other employment assistance available in the individual's community.

Group Two

Any individual older than 24 who is hired by a 14c after July 22, 2016, and who earns SMW or piece rate must receive career counseling and information and referral services once within the first six months of employment, once within the second six months of employment, and annually thereafter if he or she continues to earn SMW.

Group Three

Group Three is made up of two subgroups—individuals not older than 24 and individuals not older than 21.

The following requirements apply to all individuals in Group Three who want to work at SMW or piece rate, and these individuals cannot earn SMW or piece rate until all requirements are satisfied:

1. All individuals in Group Three must apply for VR services.
2. If the individual or legal guardian states no interest in competitive integrated employment or VR services after application is completed, VR staff must do the following:
   1. Close the case in ReHabWorks (RHW).
   2. Use RHW to auto-generate a letter to the individual saying the case was closed due to no interest in services.
   3. Provide the first session of career counseling.
   4. Open a new case and complete the initial contact and 14c page in RHW, leaving the case open without assignment.
   5. Provide the individual with the closure letter, completed VR5113, Career Counseling and Information and Referral sheet, and completed VR5118, Section 511 Cover Sheet for Group Three.
   6. If the individual is under 21 years of age, in addition to A–D above:
      • Contact the high school that the individual attends or attended and request written proof of transition services; or
      • If no transition services were provided, issue written proof of Texas Workforce Commission (TWC) VR pre-employment transition services (Pre-ETS); or
      • If neither transition services through school or Pre-ETS through TWC VR were provided, mark the applicable box on the VR5118, Section 511 cover sheet for Group Three, and provide the individual with the closure letter, completed VR5113 and VR5118, and proof of transition services or Pre-ETS, if applicable.

   This individual can now be paid SMW. The individual must provide all required documents to the 14c. Per WIOA, the only individual authorized to receive completed Section 511 documents is this individual.

3. If a Group Three individual is interested in competitive integrated employment, but the VR counselor is uncertain whether the individual will be able to benefit from VR services, in terms of an employment outcome, because of the severity of that individual's disability or if the individual is ineligible for VR services, VR staff must refer to VRSM B-300: Determining Eligibility, and B-310: Trial Work Services.

   If the individual is found ineligible for VR services, VR staff must do the following:

   1. Close the case in RHW.
   2. Use RHW to auto-generate a letter to the individual saying the case was closed as ineligible due to severity of disability.
   3. Provide the first session of career counseling.
   4. Open a new case and complete the initial contact and 14c page, leaving the case open without assignment.
   5. Provide the individual with the closure letter, completed VR5113, Career Counseling and Information and Referral sheet, and completed VR5118, Section 511 Cover Sheet for Group Three.
   6. If the individual is under 21 years of age, in addition to A–D above:
      • contact the high school that the individual attends or attended and request written proof of transition services; or
      • if no transition services were provided, issue written proof of TWC-VR Pre-ETS; or
      • if neither transition services through school or Pre-ETS through TWC-VR were provided, mark the applicable box on the VR5118, Section 511 cover sheet for Group Three; and
      • provide the individual with the closure letter, completed VR5113 and VR5118, and proof of transition services or Pre-ETS, if applicable.

   This individual can now be paid SMW. The individual must provide all required documents to the 14c. Per WIOA, the only individual authorized to receive completed Section 511 documents is this individual.

4. If a Group Three individual is interested in competitive integrated employment and is eligible for services, VR staff must do the following:
   1. Follow all regular procedures for development of the Individualized Plan for Employment (IPE) and provision of active services.
   2. If, at any time during the VR process, the individual decides he or she is no longer interested in competitive integrated employment, close the case and follow the procedures in 2.
   3. The only variation from a regular VR case for Group Three is that to close a case unsuccessfully, individuals in Group Three must have been working toward the IPE employment outcome for a reasonable period (up to 24 months), with appropriate supports, without success.
   4. Group Three individuals who obtain competitive integrated employment may still want to earn SMW in addition to competitive employment. For these individuals, VR staff must do the following:
      • Close the case in RHW.
      • Generate closure letter.
      • Provide the first session of career counseling.
      • Open a new case and complete the initial contact and 14c page, leaving the case open without assignment.
      • Provide the individual with the closure letter, completed VR5113, Career Counseling and Information and Referral sheet, and completed VR5118, Section 511 Cover Sheet for Group Three.
      • If the individual is under 21 years of age, in addition to A–D:
        • contact the high school the individual attends or attended and request written proof of transition services; or
        • if no transition services were provided, issue written proof of TWC VR Pre-ETS; or
        • if neither transition services through school or Pre-ETS through TWC VR were provided, mark the applicable box on the VR5118, Section 511 cover sheet for Group Three, and provide the individual with the closure letter, completed VR5113 and VR5118, and the proof of transition services or Pre-ETS, if applicable.

   This individual can now be paid SMW. The individual must provide all required documents to the 14c. Per WIOA, the only individual authorized to receive the completed Section 511 documents is the individual.

5. If a Group Three individual obtains competitive integrated employment and does not wish to earn SMW in addition to competitive employment, follow normal procedures for case closure. No Section 511 activities (for example, career counseling) are required.

Note: During the time that a Group Three individual has an open case with VR, the individual cannot earn SMW.

(Authority: Sections 7(5), 7(39), 12(c), 102(a) and (b), 103(a), 113, and 511(a) and (d) of the Rehabilitation Act of 1973, as amended; 29 USC §§705(5), 705(39), 709(c), 722(a) and (b), 723(a), 733, and 794g(a) and (d); Workforce Innovation Technical Assistance Center)

A-309-3: Process for Complying with Section 511

The point of contact (POC) must do the following:

• Schedule a premeeting at the 14c site with the SMW employer and review the process, VR responsibilities, and career counseling and guardian packets.
• When scheduling the premeeting with the 14c, record the answers to the following questions:
  • How many individuals earn SMW or piece rate?
  • How many have legal guardians? If the 14c is unsure, explain that the 14c will need to find this out and provide the number to the POC in advance of the premeeting.
  • How many individuals of any age were hired before July 22, 2016?
  • How many individuals not older than 24 were hired after July 22, 2016? Advise the 14c that this group must be immediately referred to VR services.

Preparation for a Premeeting

To prepare for a premeeting, VR staff must determine the approximate number of individuals earning SMW at the facility and do the following:

• Send the appropriate number of VR1517-2, Authorization for Release of Confidential Customer Records and Information (the approximate number of individuals earning SMW at the facility).
• Send the appropriate number of VR5060, Permission to Collect Information.
• Send the appropriate number of Career Counseling Data Sheets to be completed by the 14c before the premeeting for each individual earning SMW.
• Print the appropriate number of complete guardian packets to take to the premeeting for the 14c.
• Print the appropriate number of complete career counseling packets to take to the premeeting for the individuals who are their own guardians.
• Print one career counseling packet and one guardian packet for the 14c to review at the premeeting.

During the Premeeting

During the premeeting, VR staff must do the following:

• Review the three groups with the 14c, including the timelines for completion of VR activities, and review when individuals not older than 24 can start or continue to earn SMW.
• Review the career counseling process and each document with the 14c, emphasizing what happens if an individual or guardian signs VR5110, Refusal to Participate in TWS-VRS WIOA Section 511 Required Activities.
• Collect completed Career Counseling Data Sheets for each individual earning SMW.
• Provide the 14c with the appropriate number of the following documents:
  • Two copies (per individual) of the Subminimum Wage Career Counseling and Information and Referral sheet (formal documentation of career counseling and information and referral services, and documentation of whether the individual wants to work in the community);
  • Career Counseling workbook;
  • Refusal to Participate form;
  • Guardian cover letter;
  • Thank-you card;
  • Career Counseling Data Sheet that the 14c should have completed before the premeeting, or, if not, have copies available; and
  • Resource for Guardians document for individuals to give to their guardians.

Note: For additional guidance on documents to be sent to all parties involved, see the WIOA Section 511 Chart, Who Receives Documents and When. VR staff must do the following:

• Provide the 14c with enough packets for all individuals who have guardians.
• Request that the 14c send any documents requiring the guardian's signature to the guardian before the career counseling sessions.
• Inform the 14c that it is the 14c's responsibility to get guardian signatures and that VR cannot provide career counseling to individuals with guardians without signed documents.
• Request that the 14c staff invite guardians to the meeting.
• Inform 14c staff members that they must have ample personnel to assist VR staff.
• Schedule career counseling sessions.

Career Counseling Sessions

POC must do the following:

• Start with the Subminimum Wage Career Counseling and Information and Referral sheet and follow the general instructions. The Career Counseling workbook is used in conjunction with the form.
• Ensure that all forms are completed.
• Request that the 14c make a copy of all forms.
• Provide one copy to each individual.
• If an individual refuses to sign any form, including page seven of the workbook, then note the refusal on the form and sign the form.
• Provide individuals with the thank-you card.

If an individual is interested in applying for VR services, VR staff must do the following:

• Identify the assigned VR counselor in the unit where the individual will be served by contacting the unit manager.
  • Explain to the assigned VR counselor that if the individual is not older than 24, the VR counselor must take an application regardless of the severity of the disability, and determine eligibility for VR services, including purchasing a Career Planning Assessment and scheduling Trial Work Experience, if necessary.
  • If the individual's ability to complete multiple trial work experiences is in question, contact the Section 511 state office program specialists for instructions.
• Enter initial contact in RHW.
• Assign it to the appropriate caseload.
• Provide the assigned VR counselor a copy of the workbook.
• Scan and email the following forms to vr.WIOASection511@twc.texas.gov:
  • VR5113, Career Counseling and Information and Referral sheet
  • VR5118, Section 511 Cover Sheet for Group Three (if applicable)
  • VR1517-2, Authorization for Release of Confidential Consumer Records and Information
  • VR5060, Permission to Collect Information

State-level staff will hold all copies of completed career counseling documents. The VR counselor may destroy the hard copies of these forms after the scanned forms have been sent to state office.

A-309-4: Refusal to Participate

If a participant or guardian refuses participation, VR staff must provide documentation to the individual within 10 calendar days of the refusal to participate. VR staff must use the VR5110, Refusal to Participate in TWS-VRS WIOA Section 511 Required Activities form.

Refusal to participate means that the individual cannot accept SMW. The individual can attend the workshop or go to the facility, but he or she cannot earn less than minimum wage.

A-309-5: Additional Guidance Requests for Information about WIOA

If an individual or guardian wants clarification or more information about Section 511 requirements, he or she can contact DOL's Wage and Hour Division through the agency's website (https://www.dol.gov/whd/specialemployment/).

If a 14c wants more information on WIOA or needs clarification of responsibilities under the Act, the 14c can contact DOL's Wage and Hour Division Regional Office in Dallas:

Southwest Regional Office
525 S. Griffin Street, Suite 800
Dallas, Texas 75202

Phone: 972-850-2550