RSA-227 for FY-2025: Submission #59

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. Interpreter Services During Job Interviews: VR Agency Responsibility

Summary Statement
Federal regulations confirm that Vocational Rehabilitation (VR) agencies—not potential employers—are responsible for funding interpreter services during job interviews when the activity supports the client’s employment goal outlined in the Individualized Plan for Employment (IPE).

Regulatory Basis

Interpreter services are a covered VR service under federal law when they support employment outcomes:

- 34 CFR §361.48(b)(18): Interpreter services are explicitly listed as a VR service to assist individuals in achieving employment.
- 34 CFR §361.45(c): Services must be provided in the individual’s native language or mode of communication.
- Rehabilitation Act of 1973, as amended by WIOA: VR agencies must remove barriers to employment, including communication access.

Scope of VR Responsibility

Interpreter services are VR-funded when the job interview is part of the VR-supported employment process. This includes:

- Interviews coordinated by the counselor
- Interviews initiated by employers after VR referral
- Interviews secured independently by the client, if the job search is part of the IPE

“Interpreter services… are provided to assist individuals in achieving an employment outcome.”
34 CFR §361.48(b)(18)

Coordination does not require direct scheduling. If the counselor identifies leads, supports applications, or prepares the client for interviews, the activity is considered VR-supported.
ADA vs. VR Agency Responsibilities


CAP’s Role Amid Evolving Contexts
As federal structures evolve and state-level practices shift, it’s understandable that questions may arise about the role and permanence of the Client Assistance Program (CAP). This overview reaffirms CAP’s federally mandated status, clarifies its oversight function, and ensures all partners remain aligned with federal expectations. CAP remains a permanent, independent safeguard for VR clients and a key accountability mechanism for Iowa’s VR system.
“If a state has a VR agency, it must have a CAP. This federal pairing is non-negotiable and permanent.” – Section 112, Rehabilitation Act
CAP’s Federal Mandate Is Permanent
• CAP is required under Section 112 of the Rehabilitation Act and 34 CFR §370.2.
• Its existence, independence, and monitoring role are not subject to state discretion, RSA staffing changes, or budget fluctuations.
• CAP is a federally required program—even if unfunded. Iowa must maintain CAP’s operations to remain eligible for Title I and Title VI VR funding.
• This obligation is known as an unfunded mandate—a federal requirement that persists regardless of direct federal support.
• CAP’s mandate remains binding even in the absence of direct federal funding or liaison support. As an unfunded federal requirement, Iowa must maintain CAP’s operations, independence, and oversight role to remain eligible for Title I and Title VI VR funding. This obligation cannot be waived or restructured by state policy or budget decisions.
• VR clients will continue to have access to CAP for advocacy, appeals, and protection of rights—regardless of federal restructuring or funding uncertainty.
• CAP’s presence protects Iowa’s federal funding and ensures clients retain access to advocacy and appeals.
CAP’s Oversight Role: A Systems-Level Clarification
• CAP’s tools—such as dashboards, flags, and public reporting—are designed to monitor VR agency compliance.
• These tools are not self-evaluations; they reflect CAP’s federally mandated oversight function.
• Clarifying this distinction ensures transparency and supports constructive collaboration across agencies.
“CAP’s role is to monitor VR agency compliance—not to be monitored itself. This distinction ensures clarity in oversight and supports constructive collaboration.”
Federal Reporting Channels Remain Active
• Direct contact with RSA Central Office and OSERS
• Escalation pathways to OCR, DOJ, and ACL
• RSA-227 annual reporting remains active
• Public reporting tools and onboarding reviews ensure transparency
Internal Policies Cannot Replace Federal Mandates
• While internal agency policies may vary, federal mandates remain the standard.
• CAP supports agencies in aligning practices with federal expectations.
• CAP and VR clients retain leverage through federal oversight bodies and statutory protections.
“CAP and VR clients retain federal pathways to report noncompliance—including RSA, OCR, DOJ, and ACL. VR agencies remain accountable to federal law, not internal policy.”
RSA Oversight Is Still Active
• RSA is monitoring four states in FY 2025: Missouri, West Virginia, Mississippi, and Connecticut.
• This confirms that federal oversight remains in place and CAP remains a recognized reporting channel.
Key Areas for Alignment and Partnership
• Affirm CAP’s role in onboarding, transition, and strategic planning
• Recognize CAP as a compliance safeguard—not a compliance risk
• Collaborate with CAP to ensure Iowa’s continued alignment with federal mandates
• Support CAP visibility in client-facing materials and interagency equity efforts
• Use CAP’s tools to strengthen transparency, accessibility, and continuous improvement
Federal Reporting Channels Remain Active
• Direct contact with RSA Central Office and OSERS
• Escalation pathways to OCR, DOJ, and ACL
• RSA-227 annual reporting remains active
• Public reporting tools and onboarding reviews ensure transparency