[Rehab] Providing Policies

[Andrews, David B (DEED)]

A couple weeks ago, someone here asked if their state rehab agency is required to provide its policies to people. The short answer is yes.

Our Director asked RSA and below is their answer. She answered in terms of SSB, State Services for the Blind, but it would apply to any rehab agency.

RSA thanks you for your technical assistance request dated January 25th in which you inquired if SSB is required to make vocational rehabilitation policies
available to the public. 34 C.F.R. §361.20(e) requires The State unit to provide to the public, through appropriate modes of communication, the policies
and procedures governing the provision of vocational rehabilitation services under the vocational rehabilitation services portion of the Unified or Combined
State Plan. While appropriate modes of communication are not explicitly defined in the regulations, the SSB website is most likely the most accessible
and appropriate avenue for public access to the policies. Other regulations in Part 361, specify additional public notification requirements.

For example, the VR agency is required to provide additional notification to applicants and recipients of services regarding the right to request a timely
review of determinations made by the VR agency that affect the provision of vocational rehabilitation services and the right to request an impartial due
process hearing, pursue mediation, and/or seek assistance from the client assistance program in accordance with 34 C.F.R. §361.57(b). Furthermore, the
regulations in 34 C.F.R. §361.38(a)(1)(iii) require that the VR agency inform applicants and recipients of services and, as appropriate, those individuals'
representatives, service providers, cooperating agencies, and interested persons through appropriate modes of communication of the confidentiality of personal
information and the conditions for accessing and releasing this information. In addition,   34 C.F.R. §361.50(a) require the State unit to develop and
maintain written policies governing the nature and scope of VR services for individuals with disabilities.

While the these citations do not explicitly require the State unit to make the policies available on its website, it's clear the intent is to ensure the
public is made aware of its policies using the most appropriate and accessible means possible.



Dave


David Andrews, CPACC
Chief Technology Officer
Minnesota Department of Employment and Economic Development
State Services for the Blind
2200 University Ave West, Suite 240, St. Paul MN 55114
Direct: 651-539-2294
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