Arkansas Administrative Code › Agency 172 - Department of Career Education › Rule 172.00.12-004 - Establishment Policy - to provide vocational rehabilitation (VR) services to applicants or eligible individuals

Current through Register Vol. 49, No. 6, June, 2024
Appendix C
Facility Programs
ARS Establishment Policy
Establishment Defined
Establishment, development, or improvement of a public or nonprofit
	 community rehabilitation program means:
The establishment of a facility for a public or non-profit community
	 rehabilitation program (as defined in
	 34 CFR
	 361.5(b)(18) to provide
	 vocational rehabilitation (VR) services to applicants or eligible individuals.
	 34 CFR
	 361.5(b)(17)(i).
Establishment Authority
Section 103 (b)(2)(A) of the Rehabilitation Act of 1973, as amended and
	 34
	 CFR 361.49(a)(1) authorize
	 the use of VR funds to support "The establishment, development, or improvement
	 of community rehabilitation programs (CRP), including, under special
	 circumstances, the construction of a facility. Such programs shall be used to
	 provide services that promote integration and competitive employment." The
	 authority is used to provide financial support to community rehabilitation
	 programs to establish or develop service programs, or improve them and to
	 increase their effectiveness in providing VR services to applicants or eligible
	 individuals.
In serving groups of individuals with disabilities, ARS is authorized
	 to establish, develop, or improve a public or private CRP, pursuant to section
	 103(b)(2)(A) of the Rehabilitation Act and
	 34
	 CFR 361.49(a)(1). ARS is
	 permitted under the VR program to alter or remodel a CRP and install fixed or
	 movable equipment, as necessary, to establish, develop, or improve the facility
	 for a CRP (
	 34 CFR 361.5(b)(18)(ii) and
	 (v) ).
Community Rehabilitation Program
Section 7 (5) of the Rehabilitation Act of 1973, as amended and
	 34 CFR
	 361.5(b)(9) defines CRP as a
	 program that provides directly or facilitates the provision of one or more VR
	 services to individuals with disabilities to enable those individuals to
	 maximize their opportunities for employment, including career
	 advancement.
Vocational Rehabilitation Services
Vocational rehabilitation (VR) services are those services provided to
	 an individual pursuant to an Individualized Plan for Employment in accordance
	 with
	 34
	 CFR 361.48 or to groups of individuals with
	 disabilities in accordance with
	 34
	 CFR 361.49 (section 103 of the Rehabilitation
	 Act of 1973, as amended and
	 34 CFR
	 361.5(b)(58) ). Section 111
	 (a)(1) of the Rehabilitation Act of 1973, as amended and
	 34 CFR
	 361.3 require that VR funds be used solely
	 for the provision of VR services or for the administration of the VR
	 program.
Establishment Activities
The need for establishment, development or improvement of a CRP must be
	 determined through the ARS Comprehensive Statewide Needs Assessment (CSNA).
	 Plans to establish, develop and improve CRPs through establishment activities
	 must be included in the ARS State Plan in the following attachments, if
	 applicable:
* CSNA (Attachment 4.11 (a))
* State Goals and Priorities (Attachment 4.11 (c)(1))
* State's Strategies (Attachment 4.11 (d))
* Cooperative Agreements with Private Nonprofit Organizations
	 (Attachment 4.8(b)(3))
* Arrangements and Cooperative Agreements for the Provision of
	 Supported Employment Services (Attachment 4.8(b)(4))
* Evaluation and Report of Progress (as the project moves forward )
	 (Attachment 4.11(e)(2))
Comprehensive Statewide Needs Assessment
ARS and the State Rehabilitation Council conduct the Comprehensive
	 Statewide Needs Assessment (CSNA) every three (3) years, or update the CSNA as
	 needed. ARS and the rehabilitation council conduct the CSNA for the purpose of
	 describing the rehabilitation service needs of individuals with disabilities
	 residing within the state. The CSNA must include an assessment of the need to
	 establish, develop, or improve community rehabilitation programs (CRPs) within
	 the state (
	 34
	 CFR 361.29(a)(1)(ii) ). Any
	 update to the CSNA is required to be reported to the Rehabilitation Services
	 Administration (
	 34
	 CFR 361.29(ii)(2).
The CSNA particularly focuses on the vocational rehabilitation services
	 needs of:
* Individuals with the most significant disabilities, including their
	 need for supported employment services;
* Individuals with disabilities who are minorities;
* Individuals with disabilities who have been unserved or underserved
	 by the vocational rehabilitation program; and
* Individuals with disabilities served through other components of the
	 statewide workforce investment system.
Expenditures
Other expenditures are permitted if related to establishment,
	 development, or improvement of a CRP that are necessary to: Make the program
	 functional or increase its effectiveness in providing VR services to applicants
	 or eligible individuals, but are not ongoing operating expenses of the program.
	 34 CFR
	 361.5(b)(17)(iii).
The acquisition of an existing building and, if necessary, the land in
	 connection with the acquisition is permitted, if the building has been
	 completed in all aspects for a least one (1) year prior to the date of the
	 acquisition and the Federal share of the cost of acquisition is not more than
	 $300,000.
	 34 CFR
	 361.5(b)(18)(i).
The remodeling or alteration of an existing building is permitted,
	 provided the estimated cost of remodeling or alteration does not exceed the
	 appraised value of the existing building.
	 34 CFR
	 361.5(b)(18)(i)
The expansion of an existing building is permitted provided
	 that:
* The existing building is complete in all respects;
* The total size in square footage of the expanded building,
	 notwithstanding the number of expansions, is not greater than twice the size of
	 the existing building;
* The expansion is joined structurally to the existing building and
	 does not constitute a separate building; and
* The costs of the expansion do not exceed the appraised value of the
	 existing building.
	 34 CFR
	 361.5(b)(18)(iii)
Other expenditures allowed:
* Architect's fees, site survey, and soil investigation, if necessary
	 in connection with the acquisition, remodeling, alteration, or expansion of an
	 existing building; and
* The acquisition of fixed or movable equipment, including the cost of
	 installation of the equipment, if necessary to establish, develop, or improve a
	 community rehabilitation program.
	 34 CFR 361.5(b)(18)(iv) and
	 (v)
Financial Impact
* The non-federal share of an establishment project is 21.3 percent.
	 34 CFR
	 361.60(a)(1)
* The match may be made, in whole or in part, by the state VR agency or
	 contributions by private entities (private organizations, agencies,
	 individuals).
	 34CFR
	 361.60(b)(3)(i)
* Contributions from private entities used to meet the non-federal
	 share of an establishment project must be deposited in the account of the state
	 agency in accordance with state law.
	 34 CFR
	 361.60(b)(3)
Allowable Costs
* The federal share of the cost of acquiring a building that is to be
	 used for community rehabilitation program purposes cannot exceed
	 $300,000.
* Acquisition includes land and is subject to the $300,000 Federal Fund
	 Participation limitation.
* Remodeling or alteration costs of an existing building provided that
	 the estimated cost does not exceed the appraised value of the building.
* The expansion of an existing building, provided that the existing
	 building is complete in all respects; and the total square footage of the
	 expanded building is not greater than twice the size of the existing
	 building.
* The expansion of an existing building, provided that the expansion is
	 joined structurally to the existing building; and the costs of expansion do not
	 exceed appraised value of the existing building.
* Architect's fees, site survey, soil investigation. (If necessary in
	 conjunction with the acquisition, remodeling, alteration, or expansion of an
	 existing building)
* Fixed or moveable equipment, including the cost of installation of
	 the equipment. (If necessary to establish, develop, or improve a community
	 rehabilitation program)
	 34 CFR 361.5(b)(18)(i) -
	 (iii)
Staffing
* Federal financial participation is limited to a total of 48
	 months.
* The total percentage of costs in which the federal government will
	 participate is reduced each year during the 4-year period.
* Staffing limit is imposed to preserve the amount of funds available
	 to ARS for providing services to eligible individuals, while preserving ARS's
	 authority to expend VR funds to support necessary development or expansion of
	 community rehabilitation facilities.
* If necessary to establish, develop or improve a CRP to serve
	 applicants or eligible individuals, funding for staffing is permitted for a
	 period of four (4) years, with financial participation available at the
	 applicable matching rate for the following levels of staffing costs.
	 34 CFR
	 361.5(b)(17)(ii)
Staffing Costs
Year 1
100%
Year 2
75%
Year 3
60%
Year 4
45%
State Purchasing Requirements
ARS must comply with all State of Arkansas purchasing requirements
	 including solicitation of bids, if applicable, in the provision of
	 establishment activities.
Affect of Costs on Maintenance of Effort
Non-Federal
expenditures incurred for the establishment,
	 development, or improvement of a facility for a CRP are exempt from the
	 calculation of the State's maintenance of effort requirement pursuant to
	 34 CFR
	 361.62(b).
Pursuant to section 111 (a)(2)(B) of the Rehabilitation Act and
	 34 CFR
	 361.62, a State must ensure that non-Federal
	 expenditures under the VR State plan for any given fiscal year must equal or
	 exceed the non-Federal expenditures from two years prior to that year. For
	 example, non-Federal expenditures incurred in FY 2013 would have to equal or
	 exceed the agency's non-Federal expenditures incurred in FY 2011. Costs
	 classified as administrative costs count towards the maintenance of effort
	 requirement; however, costs classified as the establishment, development, or
	 improvement of a facility for a CRP do not count towards the maintenance of
	 effort requirement.
Required Pre-Planning Activities
* The need for the establishment activities must be identified in the
	 approved Comprehensive Statewide Needs Assessment jointly developed and agreed
	 to by ARS and the State Rehabilitation Council and approved by the ARS
	 Commissioner.
	 34
	 CFR 361.29(a)(1)34 CFR
	 361.13
* The development of goals and strategies related to the establishment
	 activities must be included and discussed in the ARS State Plan.
	 34
	 CFR 361.29(c)(1) and (d)(3)
* The establishment, development, or improvement of a public or other
	 nonprofit community rehabilitation program that is used to provide vocational
	 rehabilitation services must promote integration and competitive employment.
	 34
	 CFR 361.49
* ARS must ensure that it satisfies all pre-planning requirements
	 before engaging in these activities.
* ARS also must ensure that it monitors all establishment expenditures
	 to ensure compliance with Federal requirements pursuant to
	 34 CFR
	 80.40(a).
* ARS will only consider requests to use establishment activities to
	 develop a CRP if the needs for particular VR services are identified in the
	 Comprehensive Statewide Needs Assessment (CSNA) and unavailable through other
	 programs including the Arkansas Career Training Institute (ACTI). If the need
	 for a VR service is identified, ARS will first determine if ACTI programs can
	 be adapted to provide the service. If a VR need is identified in the CSNA and
	 unavailable through other programs or ACTI or ACTI programs cannot be adapted
	 to provide the services, then ARS will advertise for Request for Proposals.
	 Unsolicited proposals will not be considered for establishment activities to
	 provide the establishment, development, or improvement of a public or other
	 nonprofit community rehabilitation program.