Division of Vocational Rehabilitation

Preproposal Statement of Inquiry (CR-101)
Rule Title/Subject Contact Person Washington State Register Citations

WACs 388-891A-0610, 388-891A-0890

The department is proposing to amend references in WAC 388-891A-0610 and 388-891A-0890, and possible other sections in chapter 388-891A, addressing Post-Employment Services.  DVR received recent guidance from the Rehabilitation Services Administration (RSA) that clarifies RSA’s interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA’s interpretation is inconsistent with how Washington VR currently provides Post-Employment services and how it is defined in WAC. Provision of Post-Employment Services is subject to receipt of federal funding and continuing to apply Washington Administrative Codes as currently written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. If DVR chose not to pursue an emergency rule it could be interpreted to be in violation of RCW 74.29.050. The Attorney General’s Office, Client Assistance Program, and the Washington State Rehabilitation Council have been consulted and support DVR’s reasons for the rule making. 

Mari Heusman (360) 725-3631 

WSR 22-12-030

*WITHDRAWN with WSR 23-15-061*