Archived Information

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND

REHABILITATIVE SERVICES

REHABILITATION SERVICES ADMINISTRATION

WASHINGTON, DC 20202

POLICY DIRECTIVE

RSA‑PD‑97‑04

RSM‑2035

DATE: August 19, 1997

ADDRESSEES: STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)

STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)

STATE REHABILITATION ADVISORY COUNCILS

CLIENT ASSISTANCE PROGRAMS

> REGIONAL REHABILITATION CONTINUING EDUCATION
>
> PROGRAMS

RSA SENIOR MANAGEMENT TEAM

SUBJECT: Employment Goal for an Individual with a Disability

BACKGROUND: The purpose of this policy directive is to formally rescind
prior Rehabilitation Services Administration (RSA) issuance
1505-PQ-100-A regarding \"suitable employment\" and to describe the
standard for determining an employment goal for an individual with a
disability receiving services under the State Vocational Rehabilitation
(VR) Services Program.

The purpose of Title I of the Rehabilitation Act of 1973, as amended
(the Act), which authorizes the State VR Services Program, is \"to
assist States in operating a comprehensive, coordinated, effective,
efficient, and accountable program of vocational rehabilitation that is
designed to assess, plan, develop, and provide vocational rehabilitation
services for individuals with disabilities, consistent with their
strengths, resources, priorities, concerns, abilities, and capabilities,
so that such individuals may prepare for and engage in gainful
employment.\" (100(a)(2))

The Act does not define the term \"gainful employment\", but uses the
term \"employment objective\" to describe the specific planned
employment goal identified in the Individualized Written Rehabilitation
Program (IWRP) for an individual with a disability who is eligible under
the State VR Services program. Specifically, the Act requires that the
IWRP be designed to enable the individual to achieve an employment
objective that is consistent with the individual\'s unique strengths,
resources, priorities, concerns, abilities, and capabilities
(102(b)(1)(B)(i)). Other provisions of the Act, as well as the Federal
regulations implementing Title I of the Act, use the term \"vocational
goal\" to refer to the planned employment goal for an eligible
individual under the State VR Services Program (e.g., 100(a)(3)(C) of
the Act; Federal regulations at 34 CFR 361.46(a)(1)). For purposes of
this Policy Directive, the terms \"employment objective\", \"vocational
goal\", and \"employment goal\" are considered synonymous and are used
interchangeably.

[Formal Rescission of Policy Statement on \"Suitable
Employment\"]{.underline}

In 1980, the Acting Deputy Commissioner of RSA issued guidance
(1505-PQ-100-A) to RSA Regional Offices that identified \"suitable
employment\" as the standard for determining an appropriate vocational
goal for an eligible individual under the State VR Services Program. In
both that document, and in a preceding RSA guidance document
(1505-PQ-100, issued in 1978), \"suitable employment\" was described as
\"reasonable good entry level work an individual can satisfactorily
perform.\"

Subsequently, the Rehabilitation Act Amendments of 1992 (1992
Amendments) revised the standard for determining an employment goal for
an individual with a disability receiving services under the State VR
Services Program. The 1992 Amendments require that the employment
objective identified in an eligible individual\'s IWRP be consistent
with the individuals strengths, resources, priorities, concerns,
abilities, and capabilities. Because guidance document 1505-PQ-100-A is
more limited than this standard, it has been superseded by the 1992
Amendments and is hereby rescinded. Guidance document 1505-PQ-100 is
also rescinded to the extent that it identifies \"suitable employment\"
as the appropriate standard for determining a vocational goal for an
eligible individual under the State VR Services program.

[Establishing an Employment Objective under an IWRP]{.underline}

The State VR Services program is designed to assist individuals to
obtain employment that is consistent with their strengths, resources,
priorities, concerns, abilities, and capabilities (also referred to in
this document as the \"individual\'s primary employment factors\").
Designated State Units (DSUs) conduct an individualized assessment of
the VR needs of each eligible individual to assist the individual in
establishing in the IWRP an appropriate vocational goal that is
consistent with this standard (7(22); 102(b)(1)(A) and (b)(1)(B)(ii)).

Given the emphasis that the Act places on informed choice, DSUs must
also ensure that the identified employment objective reflects the
individual\'s interests and informed choice to the extent that those
factors are consistent with the individual\'s strengths, resources,
priorities, concerns, abilities, and capabilities. In other words, the
employment objective identified in an individual\'s IWRP should reflect
the individual\'s informed choice if the individual is not currently
employed consistent with his or her primary employment factors, the
individual possesses the strengths, resources, priorities, concerns,
abilities, and capabilities needed for the employment goal, and such
employment is available under current labor market conditions.

In many instances, DSUs should be able to determine whether an
individuals interests and informed choice are consistent with his or
her primary employment factors during the comprehensive assessment of
vocational rehabilitation needs. In determining whether the individual
possesses the strengths, resources, priorities, concerns, abilities, and
capabilities needed to perform the desired employment goal, the DSU may
seek to acquire performance-based information. Performance-based
information may be sought during the comprehensive assessment (e.g., by
conducting situational assessments of the individuals performance in
real work settings) or by establishing discrete short-term objectives in
the IWRP (e.g., enrolling the individual in a training program for a
one-semester trial period or initially placing the individual in a work
setting with necessary supports on a trial-basis). It should be noted
that some DSUs have successfully accommodated individual choice through
these and other strategies even in situations in which it initially
appeared that the individual was incapable of performing the chosen
goal.

Although it is permissible to consider local labor market conditions
(i.e., job availability in the community) in determining an
individual\'s employment goal, local labor market factors cannot by
themselves be determinative of whether the individual\'s employment goal
is appropriate. The fact that the local market for the individuals
desired employment goal (which is consistent with the individuals
primary employment factors) may be limited should not affect the
individual\'s pursuit of that goal through the provision of VR services
if the individual is willing to relocate to a market in which the
particular job is available. On the other hand, if there is a limited
local market for the individual\'s desired goal and the individual is
unwilling to relocate, then local labor market conditions become a
relevant factor in identifying employment options.

The cost or the extent of VR services that an eligible individual may
need to achieve a particular employment goal should not be considered in
identifying the goal in the individual\'s IWRP. For example, the fact
that an employment objective may require an advanced degree, whereas
another may only require job retraining or placement assistance, should
not affect the determination of an employment objective that is
appropriate for the particular eligible individual. Once the employment
goal is identified, however, cost becomes a relevant factor in
determining an appropriate, cost efficient means of providing needed VR
services. In this regard, DSUs are authorized to employ cost efficiency
strategies that are consistent with federal law, such as financial needs
tests, and also are obligated to locate available comparable services
and benefits for certain VR services (34 CFR §361.53-361.54).

Finally, entry-level employment is an appropriate employment goal if the
eligible individual is only capable of performing entry-level work or if
the individual chooses an entry-level job as his or her employment goal.

[Career Advancement and Upward Mobility under the State VR Services
Program]{.underline}

The guidance provided through this Policy Directive is intended to
correct the misperception that achievement of an employment goal under
Title I of the Act can be equated with becoming employed at any job. As
indicated above, the State VR Services program is not intended solely to
place individuals with disabilities in entry‑level jobs, but rather to
assist eligible individuals to obtain employment that is appropriate
given their unique strengths, resources, priorities, concerns,
abilities, and capabilities. The extent to which State units should
assist eligible individuals to advance in their careers through the
provision of VR services depends upon whether the individual has
achieved employment that is consistent with this standard.

The provision of VR services to an eligible individual who is currently
employed, but whose job is not consistent with the individual\'s
strengths, resources, priorities, concerns, abilities, and capabilities,
must assist that individual to obtain employment consistent with the
individual\'s primary employment factors and informed choice. Under such
circumstances, VR services would be provided for \"career advancement\"
or \"upward mobility\" purposes. Similarly, post-employment services are
also available to assist eligible individuals who have already become
employed to advance in employment (§103(a)(2)).

POLICY

STATEMENT: The employment goal for an individual with a disability
receiving services under the State VR Services Program (authorized by
Title I of the Act) must be based, primarily, on the individual\'s
strengths, resources, priorities, concerns, abilities, and capabilities.
The employment goal also must reflect the individual\'s interests and
informed choice to the extent that those factors are consistent with the
individual\'s strengths, resources, priorities, concerns, abilities, and
capabilities. Factors such as the local economy or local labor
conditions (i.e., job availability in the community) are external
factors that

may be considered, but cannot by themselves be determinative of whether
the employment goal is appropriate. These considerations apply to the
development of employment goals for both individuals who are not
currently employed and individuals who are seeking to advance in their
present careers.

CITATIONS

IN LAW: Sections 2(b)(1); 7(22); 12(e)(2)(A) and (B); 100(a)(1)(F);
100(a)(2); 100(a)(3)(A) and (C); 101(a)(29); 102(a)(1); 102(b)(1)(B)(i)
and (ii); and 103(a)(2) of the Rehabilitation Act of 1973, as amended.

EFFECTIVE

DATE: Upon Issuance

EXPIRATION

DATE: None

INQUIRIES: RSA Regional Commissioners

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Fredric K. Schroeder

Commissioner

CC: CSAVR

NAPAS

RSA Regional Offices

(Regions II, IV, V, VIII, and X)