3603664 Proposed rulemaking revising post-secondary education provisions in Chapter 1, Title 29 Vocational Rehabilitation Services.
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DEPARTMENT ON DISABILITY SERVICES
NOTICE OF PROPOSED RULEMAKING
The Director of the Department on Disability Services, pursuant to the authority set forth in section 109 of the Department on Disability Services Establishment Act of 2006, effective March 17, 2007 (D.C. Law 16-264, D.C. Official Code § 7-761.09 (2008 Repl.)), and Mayor’s Order 2007-68, dated March 20, 2007, hereby gives notice of her intent to adopt the following amendments to Chapter 1 (Vocational Rehabilitation Services) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The proposed rulemaking amends the financial sponsorship provisions of the Department on Disability Services, Rehabilitation Services Administration (DDS/RSA) post-secondary education and training regulations. This rulemaking is necessitated by the following reasons: 1) to maximize the public funding available to DDS/RSA; 2) to facilitate and ensure that DDS/RSA uses its limited financial resources to serve the maximum number of eligible individuals who need post-secondary education or training to achieve sustainable, competitive employment; 3) to clarify DDS/RSA’s preference for in-state services; and 4) to clarify the amount DDS/RSA will fund if both in-state services and out-of-state services would meet the individual’s rehabilitation needs.
Chapter 1, VOCATIONAL REHABILITATION SERVICES, of Title 29, PUBLIC WELFARE, of the DCMR is amended as follows:
Title 29, Chapter 1, Section 122.6 is amended to read as follows:
122.6 The Rehabilitation Services Administration shall pay for post-secondary education located outside of the Washington D.C. Metropolitan Area as follows:
(a) If either a public or private institution located in the Area offers an academic program necessary to achieve the consumer’s vocational goal, but the consumer chooses to attend a post-secondary institution (whether public or private) that is located outside of the Area, the Rehabilitation Services Administration shall pay no more than:
(1) The tuition rate published by the University of the District of Columbia for the applicable number of credit hours and academic term after applying available comparable services and benefits, scholarships or grants, and financial participation, in accordance with federal requirements and §§ 113.2(f), 114, and 124 of this Chapter; or
(2) The published tuition rate for the training program that is available within the Area if the training program is not based on the credit hours after applying available comparable services and benefits, scholarships or grants, and financial participation, in accordance with federal requirements and § 113.2(f), 114, and 124 of this Chapter.
(b) If neither §§ 122.4, 122.5, or 122.6(a) are applicable, and there is no post-secondary institution (whether public or private) within the Washington, D.C. metropolitan area that has an academic or degree/certificate program similar to that offered by the post-secondary institution chosen by the consumer that is outside the Area, then the Rehabilitation Services Administration shall pay the published costs of the post-secondary institution chosen by the consumer, provided it is necessary for the consumer to achieve his or her employment goal, and after applying available comparable services and benefits, scholarships or grants, and financial participation, in accordance with federal requirements and §§ 113.2 (f), 114, and 124 of this Chapter.
Title 29, Chapter 1, Section 122.7 is amended to read as follows:
122.7 The individual shall be responsible for educational/training costs in excess of the tuition payment rates specified in §§ 122.5 and 122.6, subject to the following:
(a) Costs that are the responsibility of the individual may include but are not limited to: transportation costs not funded by the Rehabilitation Services Administration; room and board not covered by § 122.9; fees that are not mandatory for attendance; or fees that can be covered by a comparable benefit;
(b) Educational/training costs shall not exceed the annual student expense budget, as referenced in § 122.8; and
(c) Transportation (daily or non-daily) associated with educational/training costs shall be paid in accordance with the Rehabilitation Services Administration written policy and procedures, as amended.
Title 29, Chapter 1, Section 122.9 is amended by deleting subsection (a) to read as follows:
122.9 The Rehabilitation Services Administration shall not fund on or off-campus room and board, except in exceptional circumstances. An exceptional circumstance shall be documented annually, comply with § 122.11, and is limited to the following:
(a) Deleted.
(b) Room and board are necessary to accommodate a client’s disabilities, as documented annually by a medical professional with expertise in the area of the individual’s disability, and the individual is actively engaged in an educational or training program; or
(c) Room and board are necessary for the individual receiving services outside of the Washington, D.C. Metropolitan Area, pursuant to § 122.6 (b), when:
(1) An individual is enrolled and actively engaged in a post-secondary or vocational degree/certification program; or
(2) An individual is enrolled and actively engaged in a training program of one year or less in duration; and
(3) It is documented that the program described in subparagraphs (1) or (2) in this subsection, or as described in § 122.6 (b), are not available within the Washington, D.C. metropolitan area.
All persons desiring to comment on these proposed regulations must submit them in writing by mail or email, no later than thirty (30) days from the date of publication of this notice in the D.C. Register. Mailed comments should be sent to: Matthew Bachand, Deputy Director, Department on Disability Services/Rehabilitation Services Administration, 1125 15th Street NW, 9th Floor, Washington, D.C. 20005. Emailed comments should be submitted at ddsrsa-regcomments@dc.gov. Copies of these proposed regulations may be obtained from DDS/RSA’s offices located at 1125 15th Street, NW; the Martin Luther King, Jr. Memorial Library, located at 902 G Street NW; or online via DDS’ website at www.dds.dc.gov .
