Common use of Determination of Lead Agencies and Financial Responsibilities Clause in Contracts

Determination of Lead Agencies and Financial Responsibilities. When a service, including a DOR Student Service or transition service, could be provided by either the LEA or DOR, the LEA and DOR will use the criteria below to determine and assign the financial roles and responsibilities of each agency for the provision of the service. Criteria for Determining Lead Agency for Financial Responsibilities:‌ • Determine the purpose of the service. o Is it related more to an employment outcome or education? That is, is the service usually considered a special education or related service, such as transition planning necessary for the provision of a free appropriate public education? • Determine if the service is customary. o Is the service one that the LEA customarily provides under part B of the IDEA? For example, if the LEA ordinarily provides job exploration counseling or work experiences to its eligible students with disabilities, the mere fact that those services are now authorized under the Act as DOR Student Services does not mean the LEA should cease providing them and refer those students to the DOR. However, if summer work experiences are not customarily provided by the LEA, the DOR and XXX may collaborate to coordinate and provide summer work-based learning experiences. • Determine the student’s eligibility for the service. o Is the student with a disability eligible for transition services under the IDEA? The definition of a “student with a disability” under the Act and these final regulations is broader than under the IDEA because the definition in the Act includes those students who are individuals with disabilities under section 504 of the Act. It is possible that students receiving services under section 504 do not have IEPs under the IDEA because they are not eligible to receive special education and related services under the IDEA. As a result, DOR is authorized to provide transition services under the VR program to a broader population under WIOA than the LEA is authorized to provide under the IDEA. 81 Federal Register 55687 (August 19, 2016). STUDENTS WITH DISABILITIES WHO ARE NOT SERVED BY SPECIAL EDUCATION

Determination of Lead Agencies and Financial Responsibilities. When a service, including a DOR Student Service or transition service, could be provided by either the LEA or DOR, the LEA and DOR will use the criteria below to determine and assign the financial roles and responsibilities of each agency for the provision of the service. Criteria for Determining Lead Agency for Financial Responsibilities:‌ • Responsibilities: Determine the purpose of the service. o Is it related more to an employment outcome or education? That is, is the service usually considered a special education or related service, such as transition planning necessary for the provision of a free appropriate public education? • Determine if the service is customary. o Is the service one that the LEA customarily provides under part B of the IDEA? For example, if the LEA ordinarily provides job exploration counseling or work experiences to its eligible students with disabilities, the mere fact that those services are now authorized under the Act as DOR Student Services does not mean the LEA should cease providing them and refer those students to the DOR. However, if summer work experiences are not customarily provided by the LEA, the DOR and XXX may collaborate to coordinate and provide summer work-based learning experiences. • Determine the student’s eligibility for the service. o Is the student with a disability eligible for transition services under the IDEA? The definition of a “student with a disability” under the Act and these final regulations is broader than under the IDEA because the definition in the Act includes those students who are individuals with disabilities under section 504 of the Act. It is possible that students receiving services under section 504 do not have IEPs under the IDEA because they are not eligible to receive special education and related services under the IDEA. As a result, DOR is authorized to provide transition services under the VR program to a broader population under WIOA than the LEA is authorized to provide under the IDEA. 81 Federal Register 55687 (August 19, 2016). STUDENTS WITH DISABILITIES WHO ARE NOT SERVED BY SPECIAL EDUCATIONEDUCATION Determination of Eligibility for DOR Vocational Rehabilitation Services Transitioning students with disabilities who are not receiving special education services may have health impairments, physical disabilities, psychological problems, or a history of substance abuse which may meet the definition of an individual with a disability under Section 504 and/or ADA. Documentation from the school or an appropriate outside agency to verify the presence of a disability for these students will be accepted as long as the assessment is conducted by qualified professionals (The Rehabilitation Act, Section 102(a)(4)).

Determination of Lead Agencies and Financial Responsibilities. When a service, including a DOR Student Service or transition service, could be provided by either the LEA or DOR, the LEA and DOR will use the criteria below to determine and assign the financial roles and responsibilities of each agency for the provision of the service. Criteria for Determining Lead Agency for Financial Responsibilities:‌ Responsibilities: • Determine the purpose of the service. o Is it related more to an employment outcome or education? That is, is the service usually considered a special education or related service, such as transition planning necessary for the provision of a free appropriate public education? • Determine if the service is customary. o Is the service one that the LEA customarily provides under part B of the IDEA? For example, if the LEA ordinarily provides job exploration counseling or work experiences to its eligible students with disabilities, the mere fact that those services are now authorized under the Act as DOR Student Services does not mean the LEA should cease providing them and refer those students to the DOR. However, if summer work experiences are not customarily provided by the LEA, the DOR and XXX may collaborate to coordinate and provide summer work-based learning experiences. • Determine the student’s eligibility for the service. o Is the student with a disability eligible for transition services under the IDEA? The definition of a “student with a disability” under the Act and these final regulations is broader than under the IDEA because the definition in the Act includes those students who are individuals with disabilities under section 504 of the Act. It is possible that students receiving services under section 504 do not have IEPs under the IDEA because they are not eligible to receive special education and related services under the IDEA. As a result, DOR is authorized to provide transition services under the VR program to a broader population under WIOA than the LEA is authorized to provide under the IDEA. 81 Federal Register 55687 (August 19, 2016). STUDENTS WITH DISABILITIES WHO ARE NOT SERVED BY SPECIAL EDUCATION

Determination of Lead Agencies and Financial Responsibilities. When a service, including a DOR Student Service or transition service, could be provided by either the LEA or DOR, the LEA and DOR will use the criteria below to determine and assign the financial roles and responsibilities of each agency for the provision of the service. Criteria for Determining Lead Agency for Financial Responsibilities:‌ • Determine the purpose of the service. o Is it related more to an employment outcome or education? That is, is the service usually considered a special education or related service, such as transition planning necessary for the provision of a free appropriate public education? • Determine if the service is customary. o Is the service one that the LEA customarily provides under part B of the IDEA? For example, if the LEA ordinarily provides job exploration counseling or work experiences to its eligible students with disabilities, the mere fact that those services are now authorized under the Act as DOR Student Services does not mean the LEA should cease providing them and refer those students to the DOR. However, if summer work experiences are not customarily provided by the LEA, the DOR and XXX may collaborate to coordinate and provide summer work-based learning experiences. • Determine the student’s eligibility for the service. o Is the student with a disability eligible for transition services under the IDEA? The definition of a “student with a disability” under the Act and these final regulations is broader than under the IDEA because the definition in the Act includes those students who are individuals with disabilities under section 504 of the Act. It is possible that students receiving services under section 504 do not have IEPs under the IDEA because they are not eligible to receive special education and related services under the IDEA. As a result, DOR is authorized to provide transition services under the VR program to a broader population under WIOA than the LEA is authorized to provide under the IDEA. 81 Federal Register 55687 (August 19, 2016). STUDENTS WITH DISABILITIES WHO ARE NOT SERVED BY SPECIAL EDUCATIONEDUCATION‌