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Interagency Agreements
1998 Amendments to Section 504 of the Rehabilitation Act of 1973
Background: The Postsecondary Education Programs Network (PEPNet) is charged with offering technical assistance to postsecondary institutions regarding section 504 of the Rehabilitation Act of 1973 as part of its originating priority, sections c and d. Information regarding the Rehabilitation Act of 1973, amended in 1998, is offered as a form of technical assistance to the postsecondary programs with whom PEPNet is working.
The 1998 amendments call for the development of Interagency Agreements (Section 101 (a)(8)(B)) in every state. The state plan shall specify agency financial responsibility, conditions, terms, and procedures of reimbursement, procedures for resolving interagency disputes, and the coordination of service procedures. These agreements between Vocational Rehabilitation and programs of public postsecondary education are being developed on a state - by - state basis. For a historical perspective and a more comprehensive interpretation of the Interagency Agreements, please refer to the PEPNet web site or consult the 1998 Amendment.
NETAC region state updates:
Connecticut - no developments as of 5/03
Delaware - The Delaware Department of Labor, Division of Vocational Rehabilitation (DVR) and the University of Delaware, Delaware State University, and Delaware Technical & Community College, all institutions of higher learning operating under the laws of the state of Delaware (collectively Institutes of Higher Education), began developing an interagency agreement in May 2002. The agreement has not been signed as of June 2003.
District of Columbia - no developments as of 10/11/00
Maine - An updated interagency agreement involving the Maine Division of Vocational Rehabilitation (DVR), the Maine Division for the Blind and Visually Impaired (MDBVI), and the Maine Technical College System (MTCS) was signed in April 2003. Signers were John Fitzsimmons, president of the Maine Technical College System and Kate Brogan, director of the Bureau of Rehabilitation Services.
The agreement describes responsibilities to students with disabilities who are joint clients of the above - mentioned VR programs and are enrolled in the Maine Technical College System. Under this agreement, MTCS students who are DVR/DBVI clients may receive accommodations from both the MTCS and DVR/DBVI.
Until August 31, 2003, DVR/DBVI will reimburse MTCS institutions for 50 percent of the cost of accommodations for students who are active clients of VR programs. From September 1, 2003 until August 31, 2005, that reimbursement figure will be 25 percent. After that date, MTCS will pay all costs of accommodations for such students.
Maryland - As of June 2003, negotiations are continuing between the Division of Rehabilitation Services and Harford Community College, Frederick Community College, and Anne Arundel Community College.
Massachusetts - No developments as of 5/17/03
New Hampshire - NH has had a functioning interagency agreement between all colleges and universities in NH and its
Vocational Rehabilitation agency since Spetember, 2000. It was recently updated and renewed for the period February
2005 through September, 2008. It includes sections that outline the responsibilities of the VR agency, the college,
the student (both those receiving services from VR and those that are not), the service provider (i.e. interpreter or
captionist), and NETAC/NH.
Final 2005 NH Interagency Agreenment (Adobe PDF)
The document's most important points are:
- Colleges are responsible for arranging for all support services, including the scheduling of interpreters, CART and/or C - Print for all classes and school sponsored events.
- If the student is affiliated with Vocational Rehabilitation, VR will pay for interpreters, CART and/or C - Print services in those classes that are required as part of the individuals rehabilitation plan. It is important to note, however, that a college cannot require that a student apply for VR services as a condition of acceptance. It is appropriate to mention VR services, but a college should make every attempt to make it clear that it is strictly up to the student whether to pursue those services.
- The college is responsible to provide all necessary accommodations, including interpreters, CART, and C - Print for all school sponsored events and for classes not required in the rehabilitation plan. This includes assuring that academic support services such as tutoring or student support workshops are made accessible.
- The college must arrange and pay for all necessary accommodations for meetings between students and faculty/staff members of the college.
- Assistive listening devices, if necessary, will be provided to the student by the college. In some instances, the Northeast Technical Assistance Center may be able to coordinate the loan of such equipment to a college in need.
- If the student requires notetaking services, these will be arranged and paid for by the college for all students, whether or not the student has VR services.
New Jersey - A template for interagency agreements between the State Colleges and Universities of New Jersey and the State Vocational Rehabilitation Programs administered by the Division of Vocational Rehabilitation Services (DVRS) and the Commission for the Blind and Visually Impaired (CBVI) was approved in July, 2000. The purpose of these agreements is: to improve the coordination of services provided to individuals with disabilities who attend New Jersey institutions of higher education (IHEs) and are eligible clients of either DVRS or CBVI; to ensure that eligible VR clients/IHE students receive the full range of services to which they are eligible; and to determine mutual in - service training needs and implement, as needed, joint staff development and training.
All students that the IHE determines to be eligible for the requested auxiliary aids and services, or other accommodations, under either Section 504 or the ADA will have the appropriate accommodations, auxiliary aids and services made available to them through the IHE to afford the individual an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the IHE.
DVRS/CBVI will address all auxiliary aids and services, including those that are not the compliance obligations of IHEs under any Federal or State law or State policy, but are necessary for the successful completion of the client's /student's Individualized Plan for Employment (IPE), in the IPE so that the entities responsible for the provision/payment of these aids/services, i.e. DVRS, CBVI, the client/student, medical insurance, or any other entity or the need for the client/student to secure this service is identified prior to the implementation of the IPE. Mobility orientation, training in the use of adaptive technology, transportation and personal assistance needs will be considered, as appropriate.
Aids and services that are appropriate for providing equal access for students eligible for vocational rehabilitation, for which DVRS or CBVI and the college are jointly responsible, will be identified in a document to be signed by all three parties and incorporated in the IPE and College Accommodation Plan. The identified services will be provided by the College, and DVRS or CBVI will share 50 percent of the costs of these aids and services.
New York - New York State VESID is in the preliminary stages of setting up an internal workgroup to look at the development of an Interagency Agreement for postsecondary education. No completion date is available. As of 5/22/03
Pennsylvania - No developments as of 5/17/03.
Puerto Rico - No developments as of 10/5/00
Rhode Island - October 31, 2004, Rhode Island signed a revised interagency agreement.
The Rhode Island Department of Education (RIDE), Rhode Island Department of Human Services/Office
of Rehabilitation Services (DHS/ORS) and State Institutions of Higher Education (University of Rhode
Island, Rhode Island College and The Community College of Rhode Island) have redrafted their interagency
agreement known throughout Rhode Island as the Memorandum of Understanding or MOU. The purpose of
the MOU is to ensure consistent and quality services for meeting the needs of people with disabilities
who are jointly served and is intended to enhance the coordination of services and communication between
ORS and CCRI, RIC and URI. This agreement seeks to clarify roles and responsibilities for each party
involved in fostering a seamless delivery system supporting the Individual Plan for Employment (IPE)
for the DHS/ORS customers attending post - secondary programs.
Highlights of this agreement include; a new shared responsibility for the cost of specific auxiliary
aids and services including, but not limited to, sign language interpreters, CART and Cprint® services.
DHS/ORS will reimburse state colleges for 50% of the cost of services as it applies to the clients IPE.
The state colleges remain responsible for providing reasonable accommodations for educational activities
outside of the student's IPE.
This agreement demonstrates an on - going commitment to ensure quality services are provided for persons
with disabilities. Rhode Island post - secondary institutions have a long history of collaboration with
the Office of Rehabilitation Services and continue to work together to support the needs of students
with disabilities seeking higher education.
Vermont - Agreement in place; VR does not pay for any accommodations in college. 5/03