Potentially Eligible Guidance and Process

Revised July 2020

Purpose

To inform staff of a new population of students who can receive Pre-Employment Transition Services (Pre-ETS) through DVR.

Rationale

The requirement to serve all students with disabilities mandates that Wisconsin DVR create a new procedure for providing only Pre-ETS to potentially eligible students.

Background

WIOA Federal Regulation CFR 361.48(a) requires Pre-ETS to be made available statewide. In collaboration with schools, DVR provides Pre-ETS to all students with disabilities in need of such services regardless if they have applied for or have been determined eligible to receive DVR services.

Potentially Eligible Definition

A Potentially Eligible (PE) student is a student with a disability who:

PE students can receive Pre-Employment Transition Services (Pre-ETS), including:

Additional services, including transportation, systematic instruction, personal assistance services, and assistive technology, which may be needed to support Pre-ETS, cannot be provided to a PE student with DVR funding. If these supports or additional services are needed, students must apply and be found eligible for DVR services or have those services provided by a comparable benefit.

Note: Auxiliary services needed to access Pre-ETS for students with communicative or sensory disorders are considered Pre-ETS services. Examples include students who are deaf or hard of hearing, have visual impairments, etc. Reader and Interpreter services to access and participate in Pre-ETS are allowed under the ADA’s Title II regulations defined as “auxiliary aids and services” in 28 CFR 35.104.

For further information on coding Pre-ETS, see the Pre-ETS Desktop Reference (Internal Link).

Policy for PE Students on OOS Waitlist

If a PE student applies for DVR services, is determined eligible, and is placed in a closed Order of Selection (OOS) category, the following policy would apply to them:

Process

For further information on coding Pre-ETS, see the Pre-ETS Desktop Reference (Internal Link).

Dates of Services on POs for PE Cases

Dates of services on the PO and completion of services must be prior to the following situations:

Note: Services do not have to be discontinued when a PE student becomes a regular DVR consumer. However, the PO dates for a PE student must end and the PO must be closed when the individual is no longer a student, and a new PO must be created for services to continue.

Best Practice: If a VRC is aware that a PE student is interested in full DVR services, the VRC should refer the student to regular DVR before they no longer meet the definition of a student (turning 22 or completing school). Best practice is still to have students apply two years prior to graduation.

Conclusion of PE Cases

General Information