THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
Full Board |
FROM: |
Rebecca H. Cort |
SUBJECT: |
Proposed Amendment to the Regulations of the Commissioner Relating to the rates set for College Study for Individuals with Disabilities participating in Vocational Rehabilitation Services |
DATE: |
October 11, 2006 |
STRATEGIC
GOAL: |
Goal 4 |
AUTHORIZATION(S): |
|
Issue for Discussion
Should the Board of Regents approve the proposed amendment of section 247.14 and the addition of a new section 247.18 of the Regulations of the Commissioner, relating to the rates set for meeting the costs of college study for individuals with disabilities participating in vocational rehabilitation services?
Review of Policy.
Proposed Handling
This question will come before the full Board at its October 2006 meeting.
Procedural History
This is the first discussion of this topic by the Board of Regents prior to publishing the proposed amendment in the State Register for public comment. VESID is working with its State Rehabilitation Council and notifying the Client Assistance Program, as required in federal regulations, regarding the proposed change.
Background Information
Current regulations set specific dollar limits on cost for college study that have been in place for more than 10 years. As an example, the regulations set the tuition reimbursement amount at $1,650 for full-time enrollment during an academic year. For several years VESID has been granting waivers of this amount up to the SUNY tuition amount to nearly every consumer who requests a waiver. The proposed amendment to section 247.14 will allow VESID to set college tuition, room and board, and book rates through policy. This will give VESID greater flexibility to meet its consumers' needs by allowing for reimbursement of realistic college costs without having to amend its regulations each year or having to waive each student’s request for funding over the minimum regulatory amount. In addition, the proposed new section 247.18 would expressly permit waivers of any maximum amount, maximum allowance or other cost and/or duration limit established in the regulations, upon a finding by the Department that such cost and/or duration limit would effectively deny a consumer access to services necessary to achieve an employment outcome. This section would be aligned with federal requirements indicating that states must have the capacity to make individual determinations.
These changes support the Regents Strategic Goal 4 in that it can increase the participation of individuals with disabilities in postsecondary education.
Recommendation
The Board of Regents should discuss the proposed amendment in October and take action in January 2007.
Timetable for
Implementation
It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the January 2007 meeting of the Board of Regents, with an effective date of February 1, 2007.
AMENDMENT OF SECTION 247.14 AND PROMULGATION
OF SECTION 247.18 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 101, 207 and 1004 of the Education
Law
1. Subdivision (d) of
section 247.14 of the Regulations of the Commissioner of Education is amended,
effective February 1, 2007, as follows:
(d) Maintenance. Maintenance shall be provided to an
eligible individual or an individual receiving either trial work or extended
evaluation services, when appropriate, to cover additional costs including basic
subsistence expenses such as food, shelter and clothing that are in excess of
the individual's normal expenses and are necessary because of the individual's
participation in a program of vocational rehabilitation.
(1) Types of
maintenance. (i) Major maintenance shall be provided for food, shelter
and miscellaneous personal needs for individuals living away from home to
compensate for extra expenses incurred while undergoing diagnostic evaluation or
participating in a training program. Supplementation for food and shelter
provided for an individual participating in a training program while living away
from home shall be funded [at] up to a maximum [of $1,350 per year from
the date of commencement of training] amount established by the agency,
provided that such maximum amount shall not exceed the current and actual State
University of New York (SUNY) room and board costs. Approval may be granted for a variance
from such maximum [supplementation] amount upon a finding by the agency
that the cost to the agency resulting from such variance will not be greater
than the alternative cost of providing commutation transportation and/or other
support services. Major maintenance
shall also be provided to individuals living at home only if all the following
conditions are met:
(a) . . .
(b) . . .
(c) . . .
(ii) . . .
(2) . . .
2. Subdivision (j) of
section 247.14 of the Regulations of the Commissioner of Education is amended,
effective February 1, 2007, as follows:
(j) Training. (1) Types of training provided. The agency shall provide the following
types of training when necessary for the individual to achieve an employment
outcome:
(i) . . .
(ii) . . .
(iii) . . .
(iv) training at a
college, business college or university, provided that the
[maximum] funding for tuition shall [be $1,650] not exceed the maximum
amount established by the agency,
and provided further that such maximum amount shall not exceed the current and
actual resident tuition rate for the State University of New York (SUNY)
[for] full-time enrollment during an academic year (excluding mini-session,
intersession and/or summer session).
Funding for tuition for mini-session, intersession, and summer session
shall be prorated based on such established maximum. [The agency shall be
prorated based on such established maximum.] The agency shall waive this
maximum, or any prorated amount based on such established maximum, and pay
tuition in an amount not to exceed the tuition costs of attending the least
expensive public institution of higher education within New York offering an
academic program necessary to achieve the student's vocational goal. If there is
no such public program in New York State, the actual tuition costs of attending
the least expensive non-public institution of higher education may be paid.
Tuition and other necessary costs shall be paid only upon a finding that all
available means of alternative funding including, but not limited to, grants,
scholarships and tuition assistance, have been obtained by the student and
subtracted from the tuition, and that payment of the balance of tuition is
necessary to achieve the vocational goal of the student. Maintenance provided
during such training shall be provided in accordance with subdivision [(e)]
(d) of this section. An individual who attends training out-of-state when
necessary training or services are available within New York State, shall bear
the full costs of such attendance to the extent they exceed what would have been
such costs had the individual attended the least expensive program within New
York State;
(v) training at a business
school. Maintenance provided during
such training shall be provided in accordance with subdivision [(e)] (d)
of this section;
(vi) training at a
vocational trade school.
Maintenance provided during such training shall be provided in accordance
with subdivision [(e)] (d) of this section;
(vii) training at other
educational institutions.
Maintenance provided during such training shall be provided in accordance
with subdivision [(e)] (d) of this section;
(viii) . . .
(ix) . . .
(x) . . .
(xi) . . .
(2) Conditions for provision
of training. Training shall be
provided only under the following conditions:
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
(vi) books and related
training materials may be provided,
to a maximum combined allowance [of $500 each year] as established by the
agency, provided that such maximum allowance shall not exceed the average cost
of books published annually by the State University of New York (SUNY),
unless there is documentation of the need to exceed this limit including, but
not limited to, written confirmation by appropriate school personnel that each
item for which an allowance is made is actually necessary for the individual's
participation in a particular course or program.
3. A new section 247.18 is added to Part 247 of
the Regulations of the Commissioner of Education, effective February 1, 2007, as
follows:
247.18 Waiver. The agency shall grant a waiver to an
eligible individual of any maximum amount, maximum allowance or other cost
and/or duration limit established in this Part, upon a finding by the agency
that such cost and/or duration limit, if made applicable to such individual,
would effectively deny his or her access to services necessary to achieve an
employment outcome. A request for a
waiver shall be submitted in a form prescribed by the Commissioner.