[NFBK] Final Public Hearing Notice From Kentucky OVR
Todd E. Stephens
todd.stephens at nfbky.org
Thu Feb 20 16:54:35 UTC 2025
Good Morning again!
Please find the unmasked URL to KY OVR Public Hearing scheduled for 1 PM
today.
Topic: Office of Vocational Rehabilitation - Public Hearing 4
Time: Feb 20, 2025 01:00 PM Eastern Time (US and Canada)
Join Zoom Meeting
https://us06web.zoom.us/j/81000125970
Meeting ID: 810 0012 5970
---
From: Todd E. Stephens <todd.stephens at nfbky.org>
Sent: Thursday, February 20, 2025 10:06 AM
To: 'NFB of Kentucky Internet Mailing List' <nfbk at nfbnet.org>;
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Subject: Final Public Hearing Notice From Kentucky OVR
Good Morning:
Please see below communication from Lametta Isaacs. The attachment is
included which I pasted in the email for anyone who had difficulty opening
the attachment.
Kentucky Office of Vocational Rehabilitation
Public Hearings on Proposed Policy Changes to VR Services
Meeting Notice and Agenda
Date: February 20th, 2025
Time: 1:00PM - 2:00PM
Public Observance Information: Virtual Meeting via Zoom
Virtual Option: OVR Public Hearing 4
OVR Mission Statement
To empower Kentuckians with disabilities to maximize independence and
economic security
through competitive, integrated employment.
I. Call to Order
Lametta Isaacs, Vocational Rehabilitation Administrator
2. Opening Remarks:
Susie Edwards, Deputy Director
Introduction
Importance of Public Input
Public Comment Period
3. Presentation of Proposed Policy Changes
Cora McNabb, Executive Director
The Need to Establish an Order of Selection
Explanation of Proposed Changes
Expected Outcomes and Impacts on Services
4. Open Forum
Susie Edwards, Deputy Director
Guidelines for Participation
Public Comment Period
Members of the public will have the opportunity to comment and/or provide
input on matters specifically related to the topics on the agenda at this
time.
5. Closing Remarks / Adjournment
Lametta Isaacs, Vocational Rehabilitation Administrator
OVR Proposed Policy Changes to VR Services. 4th Public Hearing 2/20/2025
The Kentucky Education and Labor Cabinet
PUBLIC HEARING ANNOUNCEMENT
NEWS RELEASE
Contact: Lametta Isaacs, Vocational Rehabilitation Administrator, at
lannetta.isaacsky.gov <http://lannetta.isaacsky.gov> .
FRANKFORT, Ky (January 23, 2025): The Kentucky Office of Vocational
Rehabilitation (OVR) has drafted proposed changes to the Vocational
Rehabilitation (VR) Services Portion of the 2024-2027 Combined State Plan to
implement an Order of Selection. An Order of Selection is a tool defined
within the Rehabilitation Act for Vocational Rehabilitation (VR) programs to
manage the consumer caseload when there is insufficient funding. OVR has
scheduled four (4) public hearings and a 30-day comment period to give
stakeholders in the VR community and members of the public the opportunity
to provide input and comment on the proposed policy changes affecting VR
Services.
The primary purpose of the hearings is to present and discuss proposed
changes to the VR Services Portion of the 2024 Combined State Plan to
implement an Order of Selection. This hearing will focus on the implications
of these changes and provide clarity on how they will enhance OVR's
commitment to serving individuals with disabilities. Stakeholders in the VR
community and members of the public are encouraged to attend and engage in
the discussion.
Members of the public may send written comments via e-mail to
OVRPublicCommentKY.gov <http://OVRPublicCommentKY.gov> or by mail to the
Kentucky Office of Vocational Rehabilitation, Public Hearing Comment, 500
Mero Street, 4th Floor., Frankfort, KY 40601. The public comment period
begins on January 27, 2025, at 4:00 PM EST and ends on February 27, 2025, at
4:00 PM EST.
You may access the draft policy changes from the Eligibility & Order of
Selection page on our website under the heading "Order of Selection". The
information presented will be the same at each hearing. The hearing
schedules with links for accessing the meetings are below.
Location Date Time Platform
Charles W. McDowell I Thursday, February 10:00 AM-11:00 Hybrid via Zoom
Center for the Blind 13, 2025, (Morning) AM EST Link:
OVR Public Hearing 1
Charles W. McDowell Thursday, February 6:30 PM-7:30 Hybrid via Zoom
Center for the Blind 13, 2025, (Evening) PM EST Link:
OVR Public Hearing 2
Carl D. Perkins Training I Tuesday, February 6:30 PM-7:30 Hybrid via
Zoom
Vocational Center I 18, 2025, (Evening) PM EST Link:
OVR Public Hearing 3
Virtual Only
Thursday, February 20, 2025,
(Afternoon)
1:00 PM-2:00 PM EST
Virtual via Zoom
Link:
OVR Public Hearing 4
Sign language interpreting services will be provided at each hearing. If
other accommodations are needed, please contact Lisa McKinney at
lisa.mckinney at ky.gov <mailto:lisa.mckinney at ky.gov> . at least five (5)
business days before the hearing.
The Office of Vocational Rehabilitation, an agency of the Kentucky Education
and Labor Cabinet's Department of Workforce Development, assists Kentuckians
with disabilities to achieve gainful employment and independence. For more
information about services, call the office toll free at 1-800-372-7172 or
KCC.ky.gov <http://KCC.ky.gov> . The Kentucky Education and Labor Cabinet
coordinates learning programs from P-16 and manages and supports training
and employment
functions in the Department of Workforce Development. For more information
about our programs, visit <http://elc.ky.gov> elc.ky.gov.
DRAFT
Proposed Amendment to the
Vocational Rehabilitation (VR) Services portion of the
Kentucky 2024-2027 Combined State Plan
Introduction
An Order of Selection (OOS) is a process to follow when an agency has
determined there are not enough available resources to serve all individuals
with disabilities in the state. The Office of Vocational Rehabilitation's
implementation of OOS is governed by 782 KAR 1:030(3). By this process,
individuals with the most significant disabilities are given priority over
those with less significant disabilities. Kentucky has four (4) Priority
Categories with the highest priority being Category 1. This Category gives
priority to individuals with the most significant disabilities as defined by
having limitations with three (3) or more functional capacities. The Office
of Vocational Rehabilitation will close Priority Categories 2, 3 and 4under
the proposed implementation of OOS; however, Priority Category 1 will remain
open to ensure those individuals with the most significant disabilities are
served first.
Below you will find the amended Sections A, F, and G of the VR Services
portion of the KY 2024-2027 Workforce Innovation and Opportunity Act
Combined State Plan. The sections will discuss input from the State
Rehabilitation Council (SRC), amended estimates for the Federal Fiscal Year
(FFY) 2025, a justification for the proposed change, the defined Priority
Categories and how the order will be administered.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 1
of 11
Section A. State Rehabilitation Council.
A. 4. In accordance with the requirements in Section
101(A)(21)(A)(II)(III) of the Rehabilitation Act, include a summary of the
Council's input (including how it was obtained) into the State Plan and any
State Plan revisions, including recommendations from the Council's annual
reports, the review and analysis of consumer satisfaction and other Council
reports.
The Office of Vocational Rehabilitation must consult with the State
Rehabilitation Council (SRC) when the agency has determined it will not be
able to serve all eligible individuals who apply for services. In accordance
with the SRC bylaws, a special meeting for the Executive Committee was
called by the SRC Chairperson to discuss the agency's need to implement an
OOS. The meeting was held on January 13, 2025, and a quorum was established.
A representative from the Client Assistance Program (CAP) was invited to the
special meeting and was in attendance. Cora McNabb, Executive Director, gave
an overview of the agency's current and projected fiscal data, spending
patterns, cost over the last four years and staffing variables contributing
to the need for an OOS. All Priority Categories were explained, how the OOS
would work and the implications of the order. Other measures put in place
were briefly discussed, such as the establishment of a waitlist, cost
sharing and providing information and referrals. The Executive Committee was
assured that the decision was not taken lightly, and that the agency had
consulted the U.S. Department of Education's Rehabilitation Services
Administration (RSA), received technical guidance from the Vocational
Rehabilitation Technical Assistance Center for Quality Employment (VRTAC-QE)
and informed Cabinet leadership regarding the decision. Executive Committee
members asked questions and engaged in discussions. Overall, the Executive
Committee viewed the need to implement the OOS as necessary given the
information received.
On January 27th, the full SRC quarterly meeting was held, and a quorum was
established. During the meeting, the Chairperson provided a summary of the
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 2
of 11
Executive Committee special meeting. The Executive Director, Cora McNabb,
provided a detailed PowerPoint presentation regarding the need to implement
order of selection, the implications of the Order and how it would be
implemented. The Director of Field Services further provided information
regarding how cases would be managed, definitions of categories and what an
OOS might look like. The SRC members asked questions and made comments.
Answers were provided by various staff. A representative from the fiscal
department was at the meeting to provide members an opportunity to ask
questions regarding the projected funds. Two representatives from the CAP,
including the Executive Director of CAP, was present. A motion to approve
the agency's decision to implement OOS was passed.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 3
of 11
Section F. Annual Estimates
Sections 101(a)(15) and 101(a)(23) of the Rehabilitation Act require all VR
agencies to annually conduct a full assessment of their resources and
ability to serve all eligible individuals before the start of the Federal
fiscal year. In accordance with 34 C.F.R. § 361.29(b), annual estimates must
include the following projections:
1. Estimates for next Federal fiscal year--
A. VR Program
For Federal Fiscal Year (FFY) 2025, OVR has projected that it will not have
adequate available funds to serve all eligible individuals with
disabilities.
Below are previous estimates for FFY 2025 by category. The changes stated in
bold print will occur when an OOS is implemented.
Priority Category 1: Eligible individuals with a most significant disability
that limits three (3) or more functional capacities.
Previous Estimates: The estimated number of individuals eligible for
services was 22,459; the number of eligible individuals expected to receive
VR services was the same, indicating that we would be able to serve all
those in this category eligible for VR services.
No Changes: Number of Eligible Individuals Not Receiving Services: 0 (All
eligible individuals will receive services)
Priority Category 2: Eligible individuals with a most significant disability
that limits two (2) functional capacities.
Previous Estimates: The estimated number of individuals eligible for
services was 6,677; the number of eligible individuals expected to receive
VR services was the same, indicating that we would be able to serve all
those in this category eligible for VR services.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 4
of 11
Changes: There will be eligible individuals not receiving services.
Priority Category 3: Eligible individuals with a significant disability that
limits one (1) functional capacity.
Previous Estimates: The estimated number of individuals eligible for
services was 1,062; the number of eligible individuals expected to receive
VR services was the same, indicating that we would be able to serve all
those in this category eligible for VR services.
Changes: There will be eligible individuals not receiving services.
Priority Category 4: Eligible individuals with a non-significant disability.
Previous Estimates: The estimated number of individuals eligible for
services was 152; the number of eligible individuals expected to receive VR
services was the same, indicating that we would be able to serve all those
in this category eligible for VR services.
Changes: There will be eligible individuals not receiving services.
B. Supported Employment Program.
Supported Employment will not be affected by OOS.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 5
of 11
Section G. Order of Selection
1. Pursuant to Section 101(A)(5) of the Rehabilitation Act, this
description must be amended when the VR agency determines, based on the
annual estimates described in description (f), that VR services cannot be
provided to all eligible individuals with disabilities in the State who
apply for and are determined eligible for services.
The VR agency is implementing an 00S with one or more priority categories
closed.
2. For VR agencies that have defined priority categories describe--A.
The justification for the order
After careful review of the agency's current and projected fiscal and
personnel
resources, a determination has been made to implement an 00S. The projected
available funds are not adequate to provide the full range of VR services to
all eligible individuals with a disability. Factors influencing this
decision include analysis of short- and long-term budgetary outlook,
staffing projections, VR counselor's caseload size and expenditures, the
needs of individuals with the most significant disabilities in the state's
comprehensive needs assessment, population data related to disability
incidence, and the State Rehabilitation Council (SRC). Based on these
factors, the agency has predicted that it will be unable to provide VR
services to all eligible individuals with disabilities who apply for
services. When an agency determines after assessing available projected
funds and resources that it will not be able to provide services to all
qualifying individuals, the agency must implement an 00S to ensure that
individuals with the most significant disability are prioritized.
The following factors will not be considered: duration of residency; type of
disability; age, sex, race, color, or national origin; source of referral;
type of expected employment outcome; the need for specific services except
those
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 6
of 11
services provided in accordance with 361.36(a)(3)(v), or anticipated cost of
services required by an individual; or income level.
B. The order (Priority Categories) to be followed in selecting eligible
individuals to be provided VR services ensuring that individuals with the
most significant disabilities are selected for services before all other
individuals with disabilities; and
OVR, in consultation with the State Rehabilitation Council (SRC), has
determined that it will not be able to serve all eligible individuals with a
disability and must implement an OOS. Based on factors stated in the
justification for implementing an OOS in this section, the agency will
prioritize those individuals with the most significant disability by the
assurance of being served, first.
The agency has the following four (4) priority categories to be followed in
selecting eligible individuals to be provided VR services to ensure those
individuals with the most significant disabilities are selected for services
before other individuals with disabilities:
1 Priority Definition Status
Category
Category '1 Eligible individuals with a most significant disability Will
remain open
and that limit three (3) or more functional capacities
I
Category 2 --i Eligible individuals with a most significant disability Will
be closed
that limit two (2) functional capacities.
I
Category 3 Eligible individuals with a significant disability that Will
be closed
limit one (1) functional capacity.
\
Category 4 Eligible individuals with a non-significant disability. Will
be closed
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 7
of 11
Functional Capacity means the capacity to perform tasks required in
employment including a.) mobility; b.) communication; c.) self-care; d.)
self-direction; e.) interpersonal skills; f.) work tolerance; or g.) work
skills.
Non-significant disability means a disability that does not limit a
functional capacity.
C. The VR Agency's goals for serving individuals in each Priority Category,
including how the agency will assist eligible individuals assigned to closed
priority categories with information and referral, the method in which the
VR Agency will manage waiting lists, and the projected timelines for opening
priority categories. Note: Priority categories are considered open when all
individuals in the Priority
Category may be served.
The agency, in consultation with the State Rehabilitation Council (SRC), has
determined that the agency lacks available projected funds and personnel
resources to serve all consumers. The agency shall follow an 00S to give
priority for services according to a ranking of categories of consumers
based on the severity of the disability.
The agency will close categories 2, 3 and 4, while category 1 for
individuals with the most significant disability with 3 functional
capacities will remain open. The
Executive Director shall direct the 00S by designating in written
memorandum, the Priority Category to be served. The following describes how
the agency will assist eligible individuals assigned to closed priority
categories and how the wait list, information and referral will be managed.
The OOS shall be implemented on a statewide basis.
The OOS shall be implemented to assure that eligible individuals with the
most significant disabilities in Priority Category 1 are provided services
before other eligible individuals.
-
DRAFT I OVR Order of Selection Proposed Policy Change(s)Attachment Page 8 of
11
The OOS will not use any of the following factors in determining eligible
individual's residency duration, type of disability; age, gender, race,
color, or national origin, source of referral, type of expected employment
outcome, need for specific services or anticipated cost of services, or the
income level of the individual or its family.
The OOS shall not affect: a) the acceptance of referrals and applicants; b)
the provision of assessment services to determine whether an individual is
eligible for vocational rehabilitation services; c) the individual's
Priority Category assignment under the OOS; and d) services needed by any
eligible individual who has begun to receive services under an
individualized plan for employment prior to the effective date of the OOS,
irrespective of the severity of the eligible individual's disability. The
office will ensure that all funding arrangements for providing services
under the State plan, including third-party arrangements and awards under
the establishment authority, are consistent with the OOS.
The office shall conduct an assessment to determine whether an individual is
eligible for vocational rehabilitation services and the individual's
priority under the OOS. The VR Counselor determines the eligibility of the
individual and their Priority Category based on a review of the data from
the assessment.
On the day that Priority Categories 2, 3 and 4 closure occurs, the following
will be true for these groups of consumers:
1. Individuals who have an Individualized Plan for Employment (IPE)
that was implemented prior to the closure of priority categories, will
continue to receive services as indicated on their IPE regardless of their
Priority Category assignment.
2. Individuals who have been determined eligible and assigned to
Priority Category 1, but do not yet have an IPE written, will move forward
and complete an IPE then begin receiving services.
3. Individuals who have been determined eligible and assigned to
Priority Categories 2, 3 or 4, will be placed on the wait list.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 9
of 11
4. Individuals who have applied but have not yet been determined eligible
and assigned a Priority Category, will have their eligibility determined and
a Priority Category assigned to them.
The process for the waiting list is as follows:
Once an individual has been determined eligible and assigned to a closed
Priority Category by the Vocational Rehabilitation Counselor, the individual
will receive notification through the counselor in writing of:
a. The individual's assignment to a Priority Category;
b. The Priority Categories currently being served;
c. The individual's right to appeal the Priority Category assignment
and the availability of the Client Assistance Program (CAP);
d. Information and referral services; and
e. The individual is informed that they have been placed on a wait list
until the time the agency is able to provide them with services.
f. The contact information of their counselor so they may request
additional information.
The waiting list will be maintained by the Director of Field Services and
reviewed quarterly by both the Director of Field Services and the Regional
Managers.
Consumers on the wait list will be contacted annually to inform them of the
status of OOS and their specific Priority Category. The consumer will be
asked regarding their preference for remaining on the waiting list.
At the time when funds become adequate and a Priority Category will be
opened, the following sequence of action will occur for those individuals in
a closed Category:
1. The office will assure that eligible individuals, who do not meet the OOS
criteria for the Priority Categories, shall have access to services provided
through the information and referral system in accordance with the 1973
Rehabilitation Act.
DRAFT I OVR Order of Selection Proposed Policy Change(s) Attachment Page 10
of 11
2. Consumers will be provided with contact information for other Federal and
State programs including the statewide workforce investment programs.
a. Documentation of the nature and scope of information and referral
services provided will be included in the individual service record and
entered in the Case Management System (CMS).
Consumers who do not wish to remain on the wait list may contact their
counselor and request that their case be closed. They will receive
notification from their VR Counselor when the case has been closed and of
their right to appeal the agency's decision, including information on how to
contact CAP. The notification will include information on how they may
reapply for services in the future if their circumstances change or if the
agency makes changes to 00S.
Quarterly, the Executive Director, Executive Leadership Team, and SRC along
with fiscal staff will reevaluate the agency circumstances to determine
whether the agency's resources are sufficient in serving all individuals or
if there is a need to implement, establish or make changes in 00S. At such
time that the agency finds it is able to serve those individuals on the wait
list, the consumer will be contacted to determine if they want to move
forward with implementing an IPE. If the Agency finds that they have the
resources to serve some individuals but not all individuals on the wait
list, the date of application will be utilized as a criterion for ranking
individuals within a Priority Category. The timeline for this would be a
year, unless the agency's financial situation should change, drastically.
Circumstances that would allow this to occur include a decrease in the
number of referrals or other sources that would result in additional funds,
which could be utilized to serve these individuals.
When a Priority Category is to be opened for services, the Executive
Director shall issue an implementing memorandum to staff, with instructions
that
appropriate services delayed under the OOS may be provided.
DRAFT i OVR Order of Selection Proposed Policy Change(s) Attachment Page 11
of 11
Meeting Participation
Vocational Rehabilitation Portion of the 2024-2028 State Plan:
The Office of Vocational Rehabilitation (OVR) encourages the public to
review the proposed policy changes to the VR portion of the State Plan,
which is provided in this meeting packet. The current VR portion of the
State Plan can be found on our website at Council Minutes, Reports and
Publications - Kentucky Career Center.
The proposed changes will be made to the following sections of the state
plan: Statewide Council for Vocational Rehabilitation (Section A); Annual
Estimates (Section F); and Order of Selection (Section G).
Public Comment:
The OVR encourages consumers, families of consumers, stakeholders and the
public to provide input and/or comment regarding the proposed policy changes
and topics discussed during the hearings.
The agency has provided a 30-day written comment period for the public to
send comments and/or questions prior to, during and after the hearings. All
public comments and questions should be sent to
<mailto:to_OVRPublicComment at ky.gov> OVRPublicComment at ky.gov
<mailto:to_OVRPublicComment at ky.gov> from January 27, 2025, through February
27, 2025. Questions and comments may also be mailed to: Office of Vocational
Rehabilitation, Re: Policy Changes 2025, 500 Mero Street, 4th Floor,
Frankfort, KY 40601. Questions will be compiled and posted to our website
along with answers fourteen (14) business days after the public comment
period ends.
Please observe the open forum section on the agenda to provide input or
comment. If the public wishes to make their comment during this time, please
respectfully adhere to the speaking time of 3-minutes so that others will
have the opportunity to speak. If you are part of a group, please be mindful
of individuals not part of a group who may also want the opportunity to
speak. Please be advised that questions will not be answered during the
public hearings but will be compiled and answered fourteen (14) business
days after the 30-day public comment period ends and posted on the OVR
website.
Disruptions:
Those who disrupt the facilitation of the meeting with offensive language
and/or conduct will be dismissed.
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