Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA,
PART B—BASIC VOCATIONAL REHABILITATION SERVICES (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 361 — State Vocational Rehabilitation Services Program

Code of Federal Regulations, Title 34, Part 397 — Limitations on Use of Subminimum Wage

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-19-01—"Discontinuation of the Quarterly Cumulative Caseload Report (RSA-113)"
Feb 12, 2019 — PDF (18KB)

TAC-18-02—"Submission Procedures for Prior Written Approval Requests under the State Vocational Rehabilitation (VR) Services Program"
Apr 11, 2018 — PDF (113KB)

TAC-18-01—"Two-Year Modification Requirements for Workforce Innovation and Opportunity Act (WIOA) Unified and Combined State Plans"
Jan 19, 2018 — PDF (169KB)

TAC-17-05—"WIOA Annual Performance Report Submission"
Sep 11, 2017 — PDF (28KB)

PD-16-04 — "Revision of Policy Directive (PD) 14-01 instructions for the completion of the Case Service Report Manual (RSA-911) for the State Vocational Rehabilitation Services Program and the State Supported Employment Services Program"
June 17, 2017 — PDF (929KB)

PD-16-03 — "Workforce Innovation and Opportunity Act (WIOA) Requirements for Unified and Combined State Plans"
Mar 9, 2016 — PDF (72KB)

PD-16-02 — "Announcement of OMB Approval for Annual Report on Appeals Process (RSA-722)"
Dec 14, 2015 — PDF (119KB)

TAC-15-02 — "Vision for the State Vocational Rehabilitation Services Program as a Partner in the Workforce Development System under the Workforce Innovation and Opportunity Act"
Aug 17, 2015 — PDF (69KB)

TAC-15-01 — "Vision for the One-Stop Delivery System under the Workforce Innovation and Opportunity Act (WIOA)"
Aug 13, 2015 — PDF (99KB)

PD-15-05 — "Revisions to PD-12-06, instructions for completing the Federal Financial Report (SF-425) for the State Vocational Rehabilitation Services program"
Feb 5, 2015 — PDF (131KB)

TAC-13-02 — "Reorganization of the Designated State Agency and the Designated State Unit for the Vocational Rehabilitation Program"
Jul 9, 2013 — PDF (99KB)

PD-13-01 — "Announcement of OMB Approval for Annual Report on Appeals Process (RSA-722)"
Oct 22, 2012 — PDF (74KB)

TAC-12-04 — "Provision of Vocational Rehabilitation Services to an Individual by More Than One Agency"
Jun 11, 2012 — PDF (52KB)

TAC-12-03 — "Organizational Structure and Non-Delegable Responsibilities of the Designated State Unit for the Vocational Rehabilitation Program. "
Apr 16, 2012 — PDF (73KB)

MOU-12-01 — "Memorandum of Understanding Between Department of Veterans Affairs Vocational Rehabilitation and Employment Service and U.S. Department of Education Rehabilitation Services Administration"
May 23, 2011 — PDF (46KB)

IM-07-08 — "Transition Programs & Services: High School/High Tech & Vocational Rehabilitation"
Jul 23, 2007 — PDF (47KB)

PD-05-01 — "Liquidation of Obligations Under RSA’s Formula Grants."
Mar 8, 2005 — PDF (31KB)

IM-01-44 — "Applicability of the Health Insurance Portability and Accountability Act of 1996 to the Vocational Rehabilitation Services Program."
Sep 25, 2001 — PDF (21KB)

IM-01-43 — "Basic Information and Resources Available Regarding Post Traumatic Stress Disorder."
Sep 25, 2001 — PDF (21KB)

PD-01-03 — "Implementation of Informed Choice."
Jan 17, 2001 — PDF (42KB)

IM-01-18 — "Development of National Registry for the Deaf-Blind."
Dec 18, 2000 — PDF (19KB)

TAC-00-02 — "Self-employment, Telecommuting, and Establishing a Small Business as Employment Outcomes."
Jul 24, 2000 — PDF (27KB)

TAC-98-01 — "Support Services for Individuals with Cognitive Disabilities and Others Who Need Assistance in Implementing Informed Choice."
Nov 3, 1997 — PDF (48KB)

Other Communication

See Frequently Asked Questions on Period of Performance for Formula Grant Awards.

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Laws, Regulations and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA
TITLE VI–EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 363 – The State Supported Employment Services Program

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-18-02—"Instructions for completing the Federal Financial Report (SF-425) for the State Supported Employment Services program, including extended services, for youth with the most significant disabilities (CFDA 84.187B). "
Aug 3, 2018 — PDF (130KB)

PD-18-01—"Instructions for completing the Federal Financial Report (SF-425) for the State Supported Employment Services program (CFDA 84.187A)"
Aug 3, 2018 — PDF (128KB)

PD-15-06 – "Instructions for completing the Federal Financial Report (SF-425) for the State Supported Employment Services program"
Mar 12, 2015 – PDF (129KB)

PD-11-03 – "Instructions for completing the Federal Financial Report (SF-425) for other formula grant award programs"
Oct 26, 2010 – PDF (80KB)

PD-05-01 – "Liquidation of Obligations Under RSA’s Formula Grants."
Mar 8, 2005 – PDF (31KB)

Other Communication

Items in this section are not policy or subregulatory policy or formal guidance; rather they are general communications to RSA grantees.

See Frequently Asked Questions on Period of Performance for Formula Grant Awards.

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Legislation, Regulations, and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA
PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 371 — American Indian Vocational Rehabilitation Services

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

Rule amending the definition of "reservation" published in the Federal Register on 02/05/2015

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Legislation, Regulations, and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA SEC. 302. TRAINING. (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 385 — Rehabilitation Training

Code of Federal Regulations, Title 34, Part 386 — Rehabilitation Training: Rehabilitation Long-Term Training

Code of Federal Regulations, Title 34, Part 387 — Innovative Rehabilitation Training

Code of Federal Regulations, Title 34, Part 390 — Rehabilitation Short-Term Training

Code of Federal Regulations, Title 34, Part 396 — Training of Interpreters for Individuals who are Deaf or Hard of Hearing and Individuals who are Deaf-Blind

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

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Legislation, Regulations, and Guidance

Legislation

The Rehabilitation Act of 1973, as amended by title IV of the Workforce Innovation and Opportunity Act (WIOA)
TITLE III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 373 — Rehabilitation National Activities Program

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

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Laws, Regulations, and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA
CLIENT ASSISTANCE PROGRAM (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 370 — Client Assistance Program

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-14-05 — "Revision of the Annual Client Assistance Program Report (RSA-227)"
Sep 30, 2014 — PDF (114KB)

PD-13-03 — "OMB Approval for Application for Client Assistance Program, OMB 1820-0520"
Apr 30, 2013 — PDF (27KB)

PD-11-03 — "Instructions for completing the Federal Financial Report (SF-425) for other formula grant award programs"
Oct 26, 2010 — PDF (80KB)

PD-05-01 — "Liquidation of Obligations Under RSA’s Formula Grants."
Mar 8, 2005 — PDF (31KB)

See also: Frequently Asked Questions on Period of Performance for Formula Grant Awards.

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Laws, Regulations and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA
SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 381 — Protection and Advocacy of Individual Rights

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-15-04 — "OMB Approval of the Assurances for the Protection and Advocacy of Individual Rights (PAIR) Program, OMB 1820-0625"
Jan 28, 2015 — PDF (26KB)

PD-14-06 — "Announcement of OMB Approval for Report Form RSA-509, Annual Protection and Advocacy of Individual Rights Program (PAIR) Report"
Sep 30, 2014 — PDF (99KB)

PD-11-03 — "Instructions for completing the Federal Financial Report (SF-425) for other formula grant award programs"
Oct 26, 2010 — PDF (80KB)

PD-05-01 — "Liquidation of Obligations Under RSA’s Formula Grants."
Mar 8, 2005 — PDF (31KB)

See also: Frequently Asked Questions on Period of Performance for Formula Grant Awards.

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Laws, Regulations and Guidance

Legislation

The Rehabilitation Act of 1973 as amended by title IV of WIOA
CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND (PDF 791KB).

Regulations

Code of Federal Regulations, Title 34, Part 367 — Independent Living Services for Older Individuals Who Are Blind

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-16-01 — "Announcement of OMB Approval for Form RSA-7-OB, Independent Living Services for Older Individuals who are Blind Program (ILOIB) Annual Report"
Nov 30, 2015 — PDF (320KB)

PD-15-03 — "Announcement of OMB Approval for Form RSA-7-OB, Independent Living Services for Older Individuals who are Blind Program (ILOIB) Annual Report"
Dec 18, 2014 — PDF (248KB)

PD-11-03 — "Instructions for completing the Federal Financial Report (SF-425) for other formula grant award programs"
Oct 26, 2010 — PDF (80KB)

PD-05-01 — "Liquidation of Obligations Under RSA’s Formula Grants."
Mar 8, 2005 — PDF (31KB)

See also: Frequently Asked Questions on Period of Performance for Formula Grant Awards.

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Legislation, Regulations and Guidance

Legislation

The Randolph-Sheppard Act, P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516; 20 U.S.C. Sec. 107 et seq.

Regulations

Code of Federal Regulations, Title 34, Part 395 — Vending Facility Program for the Blind on Federal and Other Property

See also Education Department General Administrative Regulations (EDGAR) and Other Applicable Grant Regulations

Guidance

PD-19-02—"Retirement of Certain Policy Issuances "
Apr 16, 2019 — PDF (86KB)

IM-99-28—"U.S. Postal Service Randolph-Sheppard Initiative."
Jun 24, 1999 — PDF (13KB)

PD-92-09—"Federal Financial Participation in the Payment by States of Arbitration Panel Damages Award under the Randolph-Sheppard Act."
Jul 10, 1992 — PDF (31KB)

Decisions of Arbitration Panels

Under section 107d-2(c) of the Randolph-Sheppard Act, the Secretary publishes the decisions of arbitration panels selected to adjudicate disputes over the administration of vending facilities on Federal and other property. You may view a list of those decisions, or view the instructions for how to perform a keyword search.

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Sub-Regulatory Guidance

RSA establishes policy and prescribes the methods found necessary for the proper and efficient administration of the programs funded under the Acts for which RSA is responsible. These acts are: the Rehabilitation Act of 1973, as amended by title IV of the Workforce Innovation and Opportunity Act; title I of the Workforce Innovation and Opportunity Act jointly administered by RSA, the Department of Labor’s Employment and Training Administration and the Department of Education’s Office of Career Technical and Adult Education; the Randolph-Sheppard Act, as amended; and the Helen Keller National Center Act of 1984 (the Acts). More information about these Acts is available on the Rehabilitation Services Administration Legislation page.

Policy is a formal statement, determined by the RSA commissioner, from among one or more legally supportable options, establishing conditions, relationships or conduct which are held to be necessary for:

1. implementing or substantiating the letter and/or intent of relevant law and regulations; and
2. ensuring the proper management by such laws and regulations.

You may access lists of

• all sub-regulatory policy by date issued,
• all sub-regulatory policy by title, or
• sub-regulatory policy by type.

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Sub-regulatory Policy by Type



• Policy Directives
  A Policy Directive (PD) is a formal statement of required action(s) or condition(s) that must be carried out or met by state VR agencies or other RSA grantees in order to be in compliance with the Acts. A PD is legally enforceable because it is based on a statutory or regulatory provision.
• Technical Assistance Circulars
  A Technical Assistance Circular (TAC) is a formal statement of guidelines and/or suggested methods to satisfy statutory, regulatory or policy requirements. A TAC addresses those areas of program requirements for which state VR agencies or other RSA grantees have flexibility in determining precisely how such requirements are to be met.
• Information Memoranda
  An Information Memorandum (IM) transmits information to grantees who operate formula or discretionary grant programs authorized by the Acts, and to individuals who are responsible for monitoring these programs.
• Memoranda of Understanding
  A Memorandum of Understanding (MOU) documents an understanding between RSA and another entity.
• Other Documentation Supporting RSA Programs
  Other miscellaneous documents which support programs, such as standard attachments to a Grant Award Notification (GAN).

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Sub-Regulatory Guidance by Date Issued

Sub-Regulatory Guidance from the Rehabilitation Services Administration (RSA).

The following table lists non-retired Policy Directives (PDs), Information Memoranda (IM), Technical Assistance Circulars (TACs), and Memoranda of Understanding (MOU) by date issued. Click on the RSA Number to view the document in PDF format.

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Sub-Regulatory Guidance by Title

Sub-Regulatory Guidance from the Rehabilitation Services Administration (RSA).

The following table lists non-retired Policy Directives (PDs), Information Memoranda (IM), Technical Assistance Circulars (TACs), and Memoranda of Understanding (MOU) by title. Click on the RSA Number to view the document in PDF format.

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Policy Directives

Policy Directives from the Rehabilitation Services Administration (RSA).

The following table lists non-retired Policy Directives (PDs) by date issued. Click on the RSA Number to view the document in PDF format.

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Information Memoranda

Information Memoranda from the Rehabilitation Services Administration (RSA).

The following table lists non-retired Information Memoranda (IM) by date issued. Click on the RSA Number to view the document in PDF format.

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Technical Assistance Circulars

Technical Assistance Circulars from the Rehabilitation Services Administration (RSA).

The following table lists non-retired Technical Assistance Circulars (TACs) by date issued. Click on the RSA Number to view the document in PDF format.

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Sub-Regulatory Guidance

This page will direct you to other miscellaneous documents which support RSA programs, such as standard attachments to a Grant Award Notification (GAN).

• RSA-1 – Carry-over requirements for formula programs (PDF 42KB)
• RSA-2 – Program income for formula programs (PDF 17KB)
• RSA-3 – Prohibition against subgranting for formula programs (PDF 22KB)
• RSA-4 – Treatment of indirect costs for purchased services (PDF 28KB)
• RSA-5 – Specific grant terms and conditions for reports (PDF 44KB)
• RSA-SE-1 – Reservation and match requirements (PDF 50KB)
• RSA-VR-1 – Pre-employment transition services (PDF 46KB)

Dear Director Letters 

The Rehabilitation Services Administration (RSA) issues broad written guidance in the form of Dear Director Letters that provide information, guidance and clarification regarding implementation of the Workforce Innovation and Opportunity Act (WIOA).

These Dear Director Letters are listed below in chronological order starting from the most recent issuance.

Published 12/28/2016

Dear Director:

The purpose of this email is to respond to the many inquiries the Rehabilitation Services Administration (RSA) has received seeking clarification on whether States may expend funds reserved for the provision of pre-employment transition services on auxiliary aids and services for students with disabilities with sensory and communicative disorders who require such services to access pre-employment transition services. As RSA will explain in more detail below, auxiliary aids and services needed by a student with a disability to access or participate in pre-employment transition services would constitute allowable pre-employment transition services expenditures and, therefore, may be paid with the funds reserved for that purpose.
As you know, section 110(d)(1) of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by title IV of the Workforce Innovation and Opportunity Act (WIOA), requires States to reserve at least 15 percent of their Federal Vocational Rehabilitation (VR) grant allotment for the provision of pre-employment transition services to students with disabilities. To ensure the reserved funds are expended appropriately, VR agencies must analyze each cost to determine whether it:

• Fits within the scope of the pre-employment transition services activities described in section 113 of the Act and §361.48(a); and
• Was incurred solely for the benefit of a “student with a disability.”

Section 113(b) of the Rehabilitation Act and its implementing regulations at 34 CFR 361.48(a)(2) list the pre-employment transition services that must be provided to students with disabilities. These “required” services are:

• Job exploration counseling;
• Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible;
• Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;
• Workplace readiness training to develop social skills and independent living; and
• Instruction in self-advocacy, which may include peer mentoring.

As public entities, defined in section 12131 of the Americans with Disabilities Act (ADA), and as recipients of Federal funds, State VR agencies must ensure that no qualified individual with a disability is excluded from participation in or be denied the benefits of services, programs, or activities on the basis of the individual’s disability (section 12132 of the ADA and section 504(a) of the Rehabilitation Act). Therefore, if a student with a disability requires an auxiliary aid or service to access or participate in any of the pre-employment transition services specified in section 113(b) of the Rehabilitation Act and 34 CFR 361.48(a)(2) of its implementing regulations (listed above), the VR agency must pay for such costs if no other public entity is required to provide such aid or service.
The ADA’s title II implementing regulations define “auxiliary aids and services” in 28 CFR 35.104 as follows:
Auxiliary aids and services includes—
(1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
(2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
See also 34 CFR 104.44, which implements the requirements for the provision of auxiliary aids and services by recipients of Federal funds under section 504(a) of the Rehabilitation Act.
For purposes of the inquiries RSA has received, auxiliary aids and services ensure equal access to information, materials, services, and activities available to students with disabilities participating in pre-employment transition services. As such, expenditures incurred for the purchase or acquisition of auxiliary aids and services for students with disabilities needing such aids or services to access or participate in pre-employment transition services specified in section 113(b) of the Rehabilitation Act and 34 CFR 361.48(a)(2) would constitute an allowable pre-employment transition services cost. Because auxiliary aids and services necessary for students with disabilities to access or participate in pre-employment transition services are an allowable cost, State VR agencies may use funds reserved for the provision of pre-employment transition services to pay for those auxiliary aids and services. For example, screen reading software programs could be purchased to enable an individual who is blind to access information on a computer during a work-based learning experience. As another example, for an individual who is deaf, interpreter services or video-based telecommunication products could be purchased to ensure access to information in activities related to job exploration counseling or other pre-employment transition services. It is important to note that the screen reader software for individuals who are blind or visually-impaired, not the computer on which it is installed, meets the definition of “auxiliary aids and services” for purposes of the ADA and section 504 of the Rehabilitation Act and, as such, could be paid with funds reserved for the provision of pre-employment transition services.
On the other hand, personal devices and services do not meet the definition of auxiliary aids and services under the ADA or section 504 of the Rehabilitation Act. Personal devices and services include individually-prescribed devices, such as prescription eyeglasses or hearing aids, readers for personal use or study, or services of a personal nature (28 CFR 35.135 and 34 CFR 104.44(d)(2)). If a student with a disability requires personal devices or services or individually-prescribed assistive technology, the VR agency must work with the student to determine whether he or she meets the eligibility criteria of section 102(a) of the Rehabilitation Act and, if so, to develop an individualized plan for employment (IPE) in accordance with section 102(b) of the Rehabilitation Act for the provision of those additional services. Services not constituting pre-employment transition services or auxiliary aids and services necessary for a student to access or participate in those services may not be paid with funds reserved under section 110(d)(1) for the provision of pre-employment transition services. Rather, these additional services must be paid with non-reserved VR funds.
We hope this information is helpful as you continue to implement policies and procedures for the provision of pre-employment transition services to students with disabilities. If you have any further questions, please contact your RSA State Liaison.
Sincerely,

Janet L. LaBreck
Commissioner of the Rehabilitation Services Administration
Office of Special Education and Rehabilitative Services
U.S. Department of Education

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