HAR §17-401.1-29. Transition services

(a) Transition services means a coordinated set of activities for a student designed within an outcome- oriented process that: (1) Promotes movement from school to post-school activities, including: (A) Postsecondary education; (B) Vocational training; (C) Integrated employment (including supported employment); (D) Continuing and adult education; (E) Adult services; (F) Independent living; or (G) Community participation. (2) Must be based upon the individual student’s needs, taking into account the student’s preferences and interests, and must include: (A) Instruction; (B) Community experiences; (C) Development of employment and other post-school adult living objectives; and, (D) Acquisition of daily living skills and functional vocational evaluation. (b) Transition services shall be provided to students with disabilities referred by the department of education who are determined eligible for VR services and require VR services to facilitate transition from the receipt of educational services in school to the receipt of VR services under the responsibility of the division. (1) Students with disabilities may be referred for: 110 §17-401.1-29 (A) General VR services during their last high school year, or at ages 15-20 or grades 9-12 depending on the student’s need for VR services and the student’s availability to participate in the VR program; or (B) The special education-vocational rehabilitation work-study program established by formal interagency agreement, for eligible special education students of ages 15-20 or grades 9-12, in need of in-school and community work training experiences to assist them in transitioning from school to employment, who meet the following requirements: (i) Eligibility for VR services; and (ii) The student is a participant for whom competitive employment at or above the minimum wage level is not immediately obtainable and who, because of the student’s disability, will need intensive on-going support to perform in a work setting. (2) Outreach to students with disabilities, other than those determined eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA), shall be encouraged through an annual meeting with key school personnel conducted by the VR counselor assigned to each school, and must include, at a minimum: (A) A description of the purpose of the VR program; (B) Eligibility requirements; (C) Application procedures; and (D) Scope of services that may be provided to eligible individuals. (3) The planning and provision of transition services shall be coordinated between the 111 §17-401.1-29 division and school personnel in accordance with this section and established standards, procedures and guidelines. (4) Services to students in the special education-vocational rehabilitation work- study program shall be administered in accordance with the program guidelines jointly developed by the departments of education and human services. (c) Transition services must promote or facilitate the achievement of the employment outcome identified in the student’s individualized plan for employment (IPE) which must be consistent with the student’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, and the transition goals in the student’s individualized education program (IEP). (d) Transition services are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1- 14. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §§361.22, 361.50) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §§361.22, 361.50) §17-401.1-30 On-the-job or other related personal attendant services. (a) Personal attendant services means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services may include training in managing, supervising, and directing personal attendant services. (b) Personal attendant services must be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job, and must be necessary to the achievement of an employment outcome. 112 §17-401.1-30 (c) Personal attendant services may be provided: (1) Only while an individual with a disability is receiving other VR services and when necessary to enable the individual to access those services; and (2) In accordance with the division’s standards of services in section 17-400.1-10 pertaining to the authorization for expenditure of funds, payments to vendors, amount of payment, and vendor qualifications. (d) The division shall provide each applicant or eligible individual or, as appropriate, the individual’s representative, in need of personal attendant services, the opportunity to make an informed choice in selecting a personal attendant from among a list of qualified individuals. (1) To assist the individual in making an informed choice, the division shall provide the applicant or eligible individual or, as appropriate, the individual’s representative, through appropriate modes of communication, information concerning: (A) The availability and costs of personal attendant services; (B) The qualifications of service providers; and (C) Consumer satisfaction with those services to the extent that such information is available. (2) Referral may be made to other resources qualified to discuss the services or service providers. (e) Personal attendant services are subject to the use of comparable services and benefits provisions of section 17-401.1-13, but are exempt from the use of personal resources (financial needs test) provisions of section 17-401.1-14. [Eff. AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) 3