Commission Meeting Materials April 11, 2017 9:00 A.M. - Discussion Paper

1 Homemaker and Unpaid Family Worker Employment Goal for VR Customers 2 Discussion Paper 3

4 Background 5 Before the passage of the Workforce Innovation and Opportunity Act (WIOA) in 2014, 6 vocational rehabilitation (VR) customers could choose homemaker or unpaid family worker as 7 an employment goal. These customers needed the knowledge and skills to maintain a home or 8 work on a family farm or in a family business. In all cases, the customer was uncompensated. 9 WIOA amended §102(b)(4) of the Rehabilitation Act of 1973 to require that the individualized 10 plan for employment (IPE) contain a specific employment goal consistent with the principle of 11 competitive integrated employment, thus eliminating the option of homemaker or unpaid family 12 worker for purposes of the VR program. (34 CFR §361.5(c)(15). 13 Since September 19, 2016, customer selection of a vocational goal of homemaker or unpaid 14 family worker has not been permitted. For customers with uncompensated employment goals on 15 their approved IPEs before September 19, 2016, a designated state unit may deliver services until 16 June 30, 2017, “unless a longer period of time is required based on the needs of the individual 17 with the disability, as documented in the individual’s service record.” (Federal Register, Vol. 81, 18 No. 161: 55650) 19 During FFY 2017, Blind Services Division has served 66 customers with uncompensated 20 employment goals, successfully closing 58; the remaining eight individuals will continue to 21 receive services after June 30, 2017, if eligible. It is anticipated that all homemaker or unpaid 22 family worker cases will be closed no later than September 1, 2017. No Rehabilitation Services 23 Division customers are in this category. 24 Issue 25 The WIOA final regulations do not specify whether homemaker or unpaid family worker cases 26 closed after June 30, 2017, must be closed successful or unsuccessful. Accordingly, this matter is 27 left to state discretion. 28 Procedural and other revisions to the Blind Services Division’s Vocational Rehabilitation 29 Manual (VRM) are needed to clarify the WIOA final regulations and provide guidance to VR 30 counselors about the closure of homemaker and unpaid family worker cases. 31 Recommendations 32 Staff requests commission adoption of the following policy revisions: 33 34  All existing homemaker and unpaid family worker cases must be closed “successful” 35 regardless of the closure date, providing all requirements for closure outlined in VRM 36 38.4 Homemaker and Unpaid Family Worker Closures are met. 37  Continuation of services to customers with an existing vocational goal of homemaker or 38 unpaid family worker after September 1, 2017, will require Division Director approval. 39 Procedures related to the following will be added to VRM 38.4 to implement the Commission’s 40 adopted revision and clarify requirements of the WIOA final rule:

0488838aafde7e6f9d7b434b3a715fcb.docx Agenda Item: 04/11/17 Commission Meeting 1  All homemaker and unpaid family worker cases must be closed by June 30, 2017, “unless 2 a longer period of time is required based on the individual’s needs, as documented in the 3 individual’s service record.” (Federal Register, Vol. 81, No. 161: 55650) 4  Division Director approval is required if services to customers with an existing vocational 5 goal of homemaker or unpaid family worker will continue after September 1, 2017. 6  Homemaker or unpaid family worker cases must be closed successful if all requirements 7 in VRM 38.4 Homemaker and Unpaid Family Worker Closures are met, regardless of the 8 closure date. 9  The revised VRM 38.4 Homemaker and Unpaid Family Worker Closures will remain in 10 effect until the last homemaker and unpaid family worker case is closed. At that time, all 11 content related to homemakers and unpaid family workers will be deleted from the VRM. 12 13 Input from the Rehabilitation Council of Texas 14 On February 15, 2017, the Rehabilitation Council of Texas agreed with the proposed changes to 15 VRM 38.4 Homemaker Closures and VRM 38.5 Unpaid Family Worker.

0488838aafde7e6f9d7b434b3a715fcb.docx Agenda Item: 04/11/17 Commission Meeting