# Presentation: 201450

## The File Review & Reasonable Accommodation Processes

**Kim Jones, Humanitas**
**June 5, 2008**

## Agenda

- File Review
- Reasonable Accommodation
- IDT
- Scenarios

## Applicant File Review

**Applicant File Review**

## What is Applicant File Review?

- Applicant file review is the process by which the center determines whether the Job Corps program is suitable for an applicant based upon existing laws, regulations, and policies.
- SOP required
- SOP should describe in detail how an applicant file is processed from the time it arrives on center until the applicant is accepted into the program and assigned a start date or recommended for denial and a final disposition made by the regional office.

**What is Applicant File Review?**

**Notes:**
Ch. 1 of the PRH includes instruction on how to acquire information from applicants and which information will be important in order for RAs to be determined. File review is the pocess where we determine whether our program is suitable for Job Corp applicants. Each center should have an SOP that explains their process for determining suitability from the time it arrives on center until the applicants assigned start date.

## Center File Review Process

- The file is logged in by a records staff person.
- The file is forwarded to appropriate staff to review.
- Some centers meet as a team to review applicant files, other centers do not.
- All files where students request reasonable accommodation or provide information indicating a possible disability should come to the DC for review.

**Center File Review Process**

**Notes:**
Once the file is logged in records it should be reviewed by "need to know" staff. Which in most cases includes HWM, Acad Mgr, CMHC, and the disability coordinator. This group is selected by the Center Director. It is important that all files that disclosed disability information or includes a RA request for should be reviewed by the DC.

## Process Recommendation

- Whenever possible, it is “best” for the applicant file review team to meet and discuss files that are being recommended to the region for denial.  If not feasible due to staffing schedules, ensure that the recommendations and supporting facts are presented consistently.
- If a difference does exist, the applicant file review team members should meet to resolve concerns and differences of opinion prior to submitting the file to the Regional Office for review.

**Notes:**
If a student is to be reviewed for denial to JC, it is best that the file review team get together to discuss recommendations to RO for denial. This will ensure that all team members concerns have been considered and facts are correctly outlined.  Each concerns should provide not only details about the concerns under scrutiny, but also details as to why students will not be able to be supported on center. 

## Clinical Differences of Opinion

- If a Center Physician or CMHC disagrees with an opinion provided by an outside professional, the Center Physician and/or the CMHC (as appropriate) should contact the outside professional to attempt to resolve the difference in opinion as well or be able to sufficiently document the reasons for it.

**Notes:**
In some cases the CMHC or Center Physician may not agree with an outside professionals documentation. In this case the outside professional should be contacted in an attempt to resolve differences of opinion, or to request documentation to support the outside professional opinion.

## Documentation Review

- ETA 6-52
- ETA 6-53 & Supporting Documentation
- Medical reports
- IEPs, 504 plans, Psycho-ed reports
- Reasonable Accommodation Request Form
- ACAT
- Behavior history
- Other Supporting documentation
- School transcripts

**Documentation Review**

**Notes:**
Chapter 1 of the PRH requires that we request documentation to support the program suitability decision making process. Each of these documents are essential to the file review process.  

## Reasonable Accommodation Consideration

- If the applicant is a person with a disability, the IDT must convene.
- If the center file review team is going to make a recommendation of denial for an applicant with a disability, the IDT must consider whether reasonable accommodation will alleviate the barriers to enrollment, or in the case of direct threat, reduce the threat below the level of imminent risk.

**Notes:**
Whenever considering recommendations of any kind for students with a disability the IDT team should be convened.  The key question:  when discussing denials of an applicant who has a disability is... Will reasonable accommodation measures alleviate the barriers to enrollment or reduce imminence a direct threat risk?

## Recommendations for Denial/File Review

- The applicant poses a direct threat to self or others that *cannot be alleviated with reasonable accommodation.*
- The applicant’s educational and training needs cannot be best met through the Job Corps program *even with reasonable accommodation*.
- The applicant cannot be reasonably expected to successfully participate in group situations and activities and is likely to engage in behavior that would prevent other students from receiving the benefit of the Job Corps program *even with reasonable accommodation.*

**Notes:**
So What are the reason for denying an applicant during the file review process?
If the applicant poses a threat to self and/or others
When a students education or training needs can not be met even with RA.  
When an applicant can not be reasonably expected to successfully participate in group settings. 

## Recommendations for Denial

- If the center file review team has determined that:
- The applicant is a direct threat, or Job Corps cannot best meet the applicant’s training needs, or the applicant is not likely to be able to successfully participate in group situations, then
- The file review team, with the approval of the center director, will complete the required paperwork for the a recommendation of denial and submit it along with the applicant’s file to the Regional Office for review.

**Notes:**
When submitting direct threat file for consideration to the regional office, please make sure that file review team has outlined that factors leading to determination, that accommodations that may alleviate the threat as suggested by the physician, cmhc, hwm, academic are documented and that the student has been contacted or brought in to discuss issues before sending the file to the RO.

## Regional Office Review

- The Regional Office staff and consultants will review the center’s recommendation for denial and supporting documentation (administrative and clinical review)
- The Regional Director will either:
- Support the center’s recommendation, or
- Overturn the recommendation and the applicant will be brought into the program
- The center DC should work with the RDC to determine how to meet the needs of the student

**Notes:**
On the RO has reviewed the recommendations the Regional Director will support or overturn the decision in which case the disability coordinator will have to determine how best to meet the students needs. 

## Interdisciplinary Team (IDT)/ Reasonable Accommodation Process 

**Interdisciplinary Team (IDT)/ Reasonable Accommodation Process**

## Interdisciplinary Team

- The interdisciplinary/reasonable accommodation team (IDT) meeting is an interactive process [involving the applicant/student] by which the team determines:
- The accommodation needs of an applicant or current student with a disability
- The effectiveness of accommodations being provided to current students
- Needed work-based learning and other transition supports

## Who Can Request Reasonable Accommodation

- Applicant who requests accommodation to participate in the Job Corps program
- Student who requests accommodation to participate in the Job Corps program or in work site activities

- Who Can Request Reasonable Accommodation

## Reasonable Accommodation Process

- Once a request for accommodation has been made and/or center staff identify supporting documentation that identifies the individual as a person with a disability, schedule and convene the IDT.
- The IDT composition is fluid.
- In cases where the accommodation needs are straight forward, the IDT may simply be comprised of the applicant/student (and guardian, if applicable) and the Disability Coordinator (DC).
- In cases where the accommodation needs are more complex, the DC will convene those members, inclusive of the applicant/student, whose input is necessary to make and review accommodation recommendations  and requests.
** Note: the applicant may participate via phone*

## Reasonable Accommodation Determination

- Accommodations and services received in the past
- The environment in which those services were received
- Understand that pullout may be commonplace in school systems in which special education and general education teachers are not in a collaborative classroom together.
- Identify the functional limitations imposed by the disability

## Reasonable Accommodation Determination

- previous accommodations
- areas of strength/weaknesses
- accommodations needed, if known
- Review what type of state assessment and diploma track the individual was on in public school, if available.
- Must understand what that means for the state in which the individual attended school (i.e. what are the different diploma options and assessment options for that particular state)

## Developing the Accommodation Plan

- Physical, Programmatic, and Communication
- Use expertise of staff and other resources
- Input of student
- Regional Disability Consultant
- Job Accommodation Network (JAN)
- Disability Business Technical Assistance Centers (DBTAC)
- Other community resources (Centers for Independent Living, Division of Vocational Rehabilitation, Universities, etc.)

## Sharing the Accommodation Plan

- Medical/case management information should only be contained in the medical file.  If this is done, then arguably, the “need to know” could extend to the entire center.
- Example – a student with a print disability must have information presented orally or using technology (e.g. voice output, audio tape, etc.).  This individual needs access to print materials in all areas of the center.  Every department would have a need to know.

## Monitoring the Accommodation Plan

- How often?
- Review and modify plan as needed, but at least every 60 days
- Review Considerations?
- Include student; review plan at each Evaluation of Student Progress (ESP)
- Counselor should check with student about effectiveness of plan at each meeting
- Ensure staff know the process for providing input on accommodations being provided and for referring students who may need accommodation

## Recommendation for Denial of Reasonable Accommodation

- If the center has determined that providing the accommodation would be an undue hardship or a fundamental alteration to the nature or operation of the program, then the accommodation request and supporting documentation for denial must be submitted to the regional office.

## Scenario #1:

- Applicant has HSD.
- Reading and Math scores are both below 4th grade levels.
- Applicant wants to complete a trade in Job Corps that has reading requirements of 9th grade.
- 	Should this applicant be enrolled in Job Corps?
- Points of Discussion:
- Is the applicant eligible for Job Corps or not?

## Scenario #2:

- Applicant has HSD.
- Reading and Math scores are both below 4th grade levels.
- Applicant wants to complete a trade in Job Corps that has reading requirements of 9th grade.
- 	Should this applicant be enrolled in Job Corps?
- Points of Discussion:
- Is the applicant eligible for Job Corps or not?

## Scenario #3:

- 18 year old male wants to study cement masonry or painting.
- He was referred to Job Corps by his social worker as both parents are terminally ill and the social worker is seeking a residential placement for him, when his parents are no longer able to care for him.
- Diagnosis of Disruptive Behavior Disorder secondary to brain abnormality and multiple other anxiety and depressive disorders.  Partial corpus collosum.
- He is described as having moderate impairment of functioning in most social areas and has obsessive rituals from OCD and conversion symptoms, with frequent anxiety attacks along with aggressive and antisocial behavior.
- He came with a mentor from his program and the applicant would ridicule and belittle him.  He had difficulty managing his frustration and put his head down on the table for several minutes when he was overwhelmed.  The applicant verbalized that he wanted to complete his high school before entering JC but the case managers and adults around him are advocating for him to come into the program now.  He is in a special education day class and wants to stay in his class and would rather not come to JC now.

## Scenario #3

- He is presently in a day class for severely impaired children.
- Difficulty controlling impulses and dealing with the normal stresses of school.
- Trouble inhibiting his behavior and modulating his emotions. He is fragile, with immature defenses that severely impair his difficulty to function in all areas of life.
- Can be overly emotional with rages.
- He is described as in the “MR” range of cognitive functioning as well as doing reading spelling and math at about the 4th grade level.
**Therapist and MD Feedback:  **Information forms are vague and it is unclear his present functioning—they are not consistent with his presentation at the interview—they describe him as higher functioning than all the testing and interview behavior.
**Medical History  **Asthma, corpus callosum separation** **
**Drugs and ETOH:  **None

## Regional Disability Coordinator Info

- Kimberly Jones
- 301-608-3290 ext. 414
- kim.jones@humanitas.com