REQUEST FOR PROPOSAL (RFP)
2018- 2023 Core Rehabilitation Services
Announcement of Funding Opportunities
|Purpose of Funding |Provision of specific rehabilitation services from community rehabilitation programs and other service |
| |providers. These services include assessment, employment preparation, job placement, supported employment, |
| |assistive technology, pre-employment transition services, driver rehabilitation services and related adjunct |
| |services. |
|Eligible Applicants |Eligible applicants are not-for-profit organizations, community rehabilitation programs and independent living |
| |centers, Boards of Cooperative Educational Services (BOCES), and for-profit organizations who have experience |
| |providing vocational services, job placement, supported employment and/or other support services to individuals |
| |with disabilities, including youth with disabilities, to enable participants to achieve competitive integrated |
| |employment. Please review the Description of Services section of this RFP for organization capacity requirements|
| |prior to applying. Organizations which are current ACCES-VR CRS providers and who wish to continue to provide |
| |services, must apply to this RFP. |
| Bidders’ Conference |A Bidders’ Video/Audio Conference will be held on September 13th, 2017 to provide potential applicants with the |
| |details of the application process and allow an opportunity for questions and clarification on the RFP process. |
|Questions & Answers |All questions must be sent by E-Mail to CRS2@ |
| |no later than September 15th, 2017. A complete list of all Questions and Answers will be posted to |
| | no later than September 27th, 2017. |
|Non-Mandatory Notice of Intent |The Notice of Intent (NOI) is not a requirement for submitting a complete application by the application date; |
| |however, NYSED strongly encourages all prospective applicants to submit an NOI to ensure a timely and thorough |
| |review and rating process. A non-profit applicant’s NOI will also help to facilitate timely review of their |
| |prequalification materials. The notice of intent is a simple email notice stating your organization’s (use the |
| |legal name) intent to submit an application for this grant. Please also include your organization’s NYS Vendor |
| |ID. The due date is September 29, 2017. Please send the NOI to CRS2@. |
|New Prequalification Requirement |The State of New York has implemented a statewide prequalification process (described on the Grants Reform |
| |website) designed to facilitate prompt contracting for not-for-profit vendors. All not-for-profit vendors are |
| |required to pre-qualify by the grant application deadline. This includes all currently funded not-for-profit |
| |institutions that have already received an award and are in the middle of the program cycle. The |
| |prequalification must be completed by all not-for-profit institutions by the application deadline in order to |
| |receive an award under this RFP. Please review the additional information regarding this requirement in the |
| |Prequalification for Individual Applications section below. |
|Date Due |Submit an electronic copy (Word or pdf) of the application by email to CRS2@ by the October 18, 2017 |
| |deadline. The subject line of the email should read as follows: RFP #GC18-004 and the legal name of provider |
| |organization or individual. |
| | |
| |NYSED will deem the vendor to be “non-responsive” if required forms are not submitted. Only vendors that submit|
| |the Basic Information Form (Attachment 1) will be eligible for an award. Only vendors that submit the |
| |appropriate CRS Service Forms (Attachments 1-A through 1-H) and Capacity Summary (Attachment 2) will be eligible|
| |for an award for the service(s) applied for. These Attachments are posted with the RFP in separate files. Please|
| |thoroughly review submission instructions in Section 2. Vendor submissions of any of the above forms will not be|
| |accepted after the due date of October 18, 2017. |
The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in its educational programs, services and activities. Portion of any publication designed for distribution can be made available in a variety of formats, including Braille, large print or audiotape, upon request. Inquiries regarding this policy of nondiscrimination should be directed to the Department’s Office for Diversity, Ethics, and Access, Room 530, Education Building, Albany, NY 12234
REQUEST FOR PROPOSAL (RFP)
RFP #GC18-004
NEW YORK STATE EDUCATION DEPARTMENT
Title: Core Rehabilitation Services (CRS)
Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR) of the New York State Education Department (NYSED) is seeking proposals for the provision of Core Rehabilitation Services (CRS) to individuals with disabilities. Core services include intensive and extended Supported Employment (SE) services, as well as Unified Services. SE services will be provided to individuals with disabilities served by both ACCES-VR and the NYS Commission for the Blind (NYSCB). The Core Rehabilitation Services described in this RFP will only be purchased from contracted providers. This procurement also includes several new services that have been developed as required by change in Title IV (Rehabilitation Act) of the Workforce Innovation and Opportunity Act of 2014.
Core Rehabilitation Services are a combination of Unified Services and Supported Employment services and are defined as follows:
Unified Services are purchased from community rehabilitation providers and include entry services, assessment services, assistive technology/rehabilitation services, customized employment, self- advocacy, employment preparation services, job placement services, pre-employment transition services, driver rehabilitation services and related adjunct services.
Supported Employment is paid competitive employment in an integrated setting with ongoing support for individuals with the most significant disabilities (i.e., serious mental illness, intellectual and/or developmental disabilities, significant learning disabilities, acquired brain injury, deafness and blindness, extreme mobility impairments, and other most significant disabilities) for whom competitive employment has not traditionally occurred, and who, because of the nature and severity of their disability, need on-going support services in order to obtain, perform and retain their job.
Multiple contracts will result from this RFP which will be for a five (5) year period beginning July 1, 2018 through June 30, 2023. NYSED reserves the option to issue this RFP on an annual basis during the 5-year contract period in the event that current providers are unable to meet participants’ needs.
Eligible Bidders - Current and new providers are invited to apply. Eligible applicants are not-for-profit organizations, community rehabilitation programs and independent living centers, Boards of Cooperative Educational Services (BOCES), and for-profit organizations who have experience providing vocational services, job placement, supported employment and/or other support services to individuals with disabilities, including youth with disabilities, to enable participants to achieve competitive integrated employment. Please review the Description of Services section of this RFP for organization capacity requirements prior to applying. Organizations which are current ACCES-VR CRS providers and who wish to continue to provide services, must apply to this RFP.
Subcontracting – Subcontracting will only be allowed when there is a participant service need in a specific region. Subcontracting must be approved by NYSED prior to implementation. Subcontracting will be limited to thirty percent (30%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.
If the vendor proposes to change subcontractors during the contract period, NYSED must be notified prior to the change. NYSED reserves the right to reject any replacement subcontractors proposed by the vendor and reserves the right to approve all changes in subcontractors. The Subcontracting Form located in the Submission documents must be updated annually and submitted to NYSED. Using this form, the vendor must also report to NYSED, on an annual basis, actual expenditures incurred for all subcontractors and indicate which subcontracting costs are associated with M/WBE.
Subcontracting is not allowed for the provision of supported employment services.
New Prequalification Requirement
The State of New York has implemented a new statewide prequalification process (described in ) designed to facilitate prompt contracting for not-for-profit vendors. All not-for-profit vendors are required to pre-qualify by the grant application deadline. This includes all currently funded not-for-profit institutions that have already received an award and are in the middle of the program cycle. The pre-qualification must be completed by all not-for-profit institutions by the application deadline in order to receive an award under this RFP. Please review the additional information regarding this requirement in the Prequalification for Individual Applications section.
Staff Changes
The Contractor will maintain continuity of the staff throughout the course of the contract. All changes in staff will be subject to NYSED approval.
Electronic Processing of Payments
In accordance with a directive dated January 22, 2010 by the Director of State Operations - Office of Taxpayer Accountability, all state agency contracts, grants, and purchase orders executed after February 28, 2010 shall contain a provision requiring that contractors and grantees accept electronic payments. Additional information and authorization forms are available at the State Comptroller’s website at osc.state.ny.us/epay/index.htm.
New York State Education Department’s Minority/Women-Owned Business Enterprise Procurements Policy
There are no M/WBE goals for this RFP. However, as part of NYSED's commitment to utilizing M/WBE firms, NYSED strongly encourages bidders to use New York State certified M/WBE firms to the greatest extent possible.
Components contained in RFP #GC18-004 are as follows:
1. Description of Services to be Performed – which includes rates and performance indicators
2. Submission
3. Evaluation Criteria and Method of Award
4. CRS Application: Basic Information Form (Attachment 1), CRS Service Forms (Attachments 1A-1H), and Capacity Summary (Attachment 2)
Questions regarding this RFP must be submitted by e-mail to CRS2@ by close of business September 15th, 2017. Questions regarding this RFP should be identified as: Program or Fiscal. A Questions and Answers Summary will be posted to
no later than September 27th, 2017.
|Program Matters |Fiscal Matters | |
|William Artini |Nell Brady | |
|CRS2@ |CRS2@ | |
| | | |
Proposal Transmittal Instructions
One (1) copy of the Application / Basic Information Form (Attachment 1), Individual CRS Service Forms (Attachments 1-A through 1-H), and Capacity Summary (Attachment 2) must be submitted electronically to CRS2@. The subject line of the email should read as follows: RFP #GC18-004 and the legal name of provider organization or individual.
NYSED will deem the vendor to be “non-responsive” if required forms are not submitted. Only vendors that submit the Basic Information Form (Attachment 1) will be eligible for an award. Only vendors that submit the appropriate CRS Service Forms (Attachments 1-A through 1-H) and Capacity Summary (Attachment 2) will be eligible for an award for the service(s) applied for.
All emailed documents must be received by the CRS2@ mailbox no later than October 18, 2017.
Proposals received after the due date will not be accepted or considered for a contract award.
Bidder’s Conference
A Bidder’s Conference will be held on September 13th, 2017 via webinar. If you are planning on participating in this session, please pre-register with your name, agency name and location at CRS2@. Please tell us if you need an accommodation to participate. Participation in the Bidder’s Conference is not mandatory, but is highly recommended.
Before Proceeding Further
Parties wishing to apply for this RFP must agree that:
• They will provide services at the rates listed in this RFP;
• They will have the capacity to serve the number of participants identified in their response to this RFP (Supported Employment Only);
• They will serve the geographic region(s) and specific ACCES-VR Office(s) identified in their response to this RFP;
• That they will provide the specific services identified in their response to this RFP; and
• That contract awards are estimates. ACCES-VR may increase or decrease estimated contract values based on participant need. Vendors will only be paid for the services provided.
Section 1: Description of Services
This section of the bid package details the services and products to be acquired. Please note that the contract process also includes general New York State administrative terms and conditions, as well as terms and conditions required by New York State law. These terms and conditions address issues related to both the submission of bids and any subsequent contract; they are included separately in this bid package for your information. Please review all terms and conditions.
Background
The New York State Education Department’s (NYSED) Office of Adult Career and Continuing Education Services (ACCES-VR) provides a wide array of vocational rehabilitation services to over 85,000 New Yorkers with disabilities each year. An important part of those services are purchased from community rehabilitation providers and include entry services, assessment services, assistive technology/rehabilitation services, employment preparation services for students, job placement services, supported employment services, pre-employment transition services, driver rehabilitation services and related adjunct services. ACCES-VR is seeking to purchase the services outlined within this document, contingent upon available resources, during the next five year contract cycle.
ACCES-VR is inviting current and interested, prospective vendors to review the service descriptions outlined within this document and craft their proposal in response to their ability to meet the possible needs within a district office, regionally or, in certain cases, statewide. To attain an economy of scale for the prospective vendor and an internal efficiency in terms of quality assurance and program monitoring, ACCES-VR will not contract for services where the contracted services are valued at less than $50,000 for the life of the contract. Note that maximum initial awards for all new vendors will be limited to $100,000 per year for supported employment intensive and $75,000 per year for Unified Services. New vendors are vendors who did not have a contract with ACCES-VR for CRS in the past or who had a contract in the past, but did not use any of the contract value. As in the past, contract values do not guarantee minimum spending or specific number of referrals by ACCES-VR. Vendors will need to have qualified staff in place to provide the services when the CRS contract is approved. During the five years of the contract, ACCES-VR may amend the contracts of new vendors to increase contract values if necessary.
No applicant will be awarded a contract under CRS for services they would ordinarily provide without charge, including but not limited to: employment agencies that obtain fees from the employer; school districts and local education agencies that receive funding for transition services; One Stop Career Centers that provide employment assistance services to the public; postsecondary disability services offices, etc. unless the applicant can clearly document value added services.
Overview
ACCES-VR has undertaken the CRS initiative to: better serve individuals with disabilities; assist participants in becoming gainfully employed; achieve economies of scale by combining contract services; clearly define services; and equitably compensate providers for services they are providing to ACCES-VR.
The requirements for each service are defined in the Description of Services section below. All employment outcomes must meet the definition of competitive, integrated employment as described in ACCES-VR policy.
Please note individual case services have individual mandatory requirements. Failure to include and address individual case service mandatory requirements will disqualify the applicant for that case service. Rates have been established for each service category by region. A list of CRS regions has been included as Appendix I.
1. Service Categories: References to ACCES-VR’s Core Rehabilitation Services include all items contained in this RFP with the exception of activities listed under Adjunct Services. Adjunct services are defined as those activities which supplement the delivery of vocational rehabilitation services by providing those additional services/supports which the participant requires for successful Individualized Plan for Employment (IPE) goal achievement. They are purchased by ACCES-VR only in conjunction with other services on an IPE.
2. Duration of Services: The standard time frames for service delivery for each service category have been delineated within the definitions. As is consistent with current ACCES-VR practice, if the unique needs of a specific participant require different service duration, these time frames will be discussed and modified for that participant by ACCES-VR. However, providers developing service proposals must adhere to the standard time frames in outlining their service delivery plan.
3. Staffing:
a. All applicant agencies must have appropriate staffing in place to meet the standards outlined in this document. Applicants should submit resumes of their staff who are qualified to provide each type of service to which they are applying.
b. It is recognized that staff turnover is an inevitable feature in provider operations. When ACCES-VR required staffing is no longer available for delivery of an ongoing service, the provider is required to notify the ACCES-VR District Office(s) involved, and provide a staffing plan proposal for continuance of services. Upon approval of the staffing plan by ACCES-VR’s Central Office, the provider may continue service delivery for a mutually agreed upon period of time, not to exceed one year.
c. In addition to the staffing requirements specified for each ACCES-VR CRS Service component, it is required that each vendor, with the exception of those providing freestanding (non-agency related) placement services, have an individual overseeing the operation of ACCES-VR reimbursed vocational services who holds at least a Master’s Degree in Rehabilitation Counseling; or a Bachelor’s Degree and at least four years relevant experience delivering vocational services to individuals with disabilities.
d. ACCES-VR will review resumes of all individuals who provide direct service to ACCES-VR participants.
e. Continuing Education for job placement and supported employment service providers:
In addition to the specific staff requirements outlined in the Service Descriptions, direct placement and supported employment staff must complete required courses of study based on their specific job role and function to demonstrate and maintain proficiency. These courses of study are offered at no registration charge through the sponsorship of ACCES-VR and requirements are highlighted in the each of the respective service description sections.
4. Reporting: Providers must use standardized reporting formats developed by ACCES-VR. Streamlined reporting forms will shorten vendor reporting time and expedite payment turnaround time. Timely submission of reports and/or verifying documentation will be required for payment. Reports are expected to be submitted upon completion. Fiscal reporting will be done via a consolidated VR-370 form for all services including Supported Employment Extended Services.
5. Deaf Services: Rates have been established for services for participants who are deaf/hard of hearing. These deaf service rates will not be combined with any other fees for interpreters. For services where a deaf service rate has not been established, interpreter services may be purchased.
6. Billing for Services: Providers who are successful in obtaining an award through this RFP must understand that the contract does not result in advanced funding of services. The provider must first be authorized by ACCES-VR to provide the service to an eligible participant. Then the provider must perform the service and submit a report that describes the services to that individual in accordance with the appropriate service description and standards, following ACCES-VR billing procedures. Then, payment is processed. Timely billing is critical to the success of this contract. Performance standards will be evaluated for each service and monitored throughout the contract period. (See Framework for Performance Indicators below.)
7. No-Shows Billing Procedures: Unless otherwise noted, no-shows may be billed for one half hour of direct service, or if there is no hourly rate, a flat rate of $30.00 will be paid provided the contract service provider meets the following three criteria:
a. vendor sends a written or email confirmation of the date and time of the initial visit for a service;
b. the provider must wait for the participant for 30 minutes after the scheduled appointment time;
c. within 24 hours of the scheduled appointment time, the provider must notify the participant’s counselor or senior counselor in writing that the participant failed to keep the scheduled appointment. The notification should include the following: provider’s name and contact information, participant’s name, the service being provided, and verification notice sent confirming initial visit; and,
d. upon billing for a no-show, the remaining amount of the authorization becomes null and void.
8. Drop-Out Documentation Requirements: Unless otherwise noted, to receive partial payment for participants who drop-out prior to completion of the approved authorization, the vendor must provide the following:
a. depending upon the type and level of service, completion and submission of service requirement such as a report, evaluation, proof of attempt to secure on-the-job training (OJT), work try-out (WTO), work study or internship/externship, mileage sheet, or benefits checklist for any portion of the service that was actually provided to the participant;
b. a voucher showing the number of hours the vendor actually spent with the participant providing the authorized service; and,
c. upon billing for a drop-out, the remaining amount of the authorization becomes null and void.
9. Use of District Office Space: Contracts will not provide any vendors with exclusive use of district office space or any guaranteed use of district office space. However, where available, and at the convenience of a district office, shared space may be made available for vendors’ use on a limited and non-exclusive basis. No technology (computers, phones, faxes, or copiers, etc.) will be made available for vendor use at any ACCES-VR District Office.
10. Technology Requirements: Applicants must have the capacity to provide program reports electronically using encryption software compatible with ACCES-VR. Technology requirements are subject to change during the five-year contract term.
11. Confidentiality: All devices (e.g., laptops, flash drives or any other electronic storage device) that store SED information/data MUST be encrypted.
12. Pre-Employment Transition Services (Pre-ETS) for Students: Pre-ETS include existing and new CRS services to address the career development needs of students with disabilities. Students with disabilities are defined as individuals with disabilities in secondary, postsecondary, or other recognized education programs who are age 14-21. Vendors assist students through the provision of pre-employment services with the objective of preparing students for successful long-term employment consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice. Community providers are encouraged to develop and provide a full array of Pre-ETS to assist students with their transition to the world of work.
Under the Workforce Innovation and Opportunity Act (WIOA), ACCES-VR is required to provide students with disabilities with Pre-ETS. Pre-ETS include job and career exploration counseling and activities, work-based learning experiences, counseling on postsecondary options, and instruction in self-advocacy, which may include peer mentoring. Pre-ETS is not intended to shift the responsibility of service delivery from school districts to vocational rehabilitation. The school district will continue to be responsible for providing transition planning and educational services. Pre-ETS service provision should accommodate an academic calendar as necessary. For students enrolled in secondary school, Pre-ETS can be offered at age 14.
Pre-ETS should be delivered specifically with a focus on the unique characteristics of students as related to preparing for employment, evaluating post-secondary education options, and developing employment related soft skills and obtaining work experience. Pre-ETS may combine individual services in a meaningful way to enhance job readiness. Each of the Pre-ETS services have a specific service code that is listed under the equivalent adult service identified in the RFP. When a participant is a student as described above, the following Pre-ETS and corresponding service codes will be used.
Post-Secondary Counseling for Students - (Case Service Code 121X) – To provide students with counseling related to education options after high school. (For a complete description, please refer to the Assessment Services section of the RFP);
Job Exploration Counseling for Students - (Case Service Code 122X) – To provide students with counseling related to careers options after high school. (For a complete description, please refer to the Assessment Services section of the RFP);
Self-Advocacy for Students (Case Service Code 124X) – To develop self-advocacy skills. (For a complete description, please refer to the Employment Preparation Services section of the RFP);
Work Readiness for Students – (Case Service Code 127X) – To enhance career exploration and develop soft skills (For a complete description, please refer to the Employment Preparation Services section of the RFP);
Work-Based Learning Development for Students – (Case Service Code 557X) – To develop an internship, work try-out or work-based learning experience. Work-Based Learning Development may be used as a stand-alone service. (For a complete description, please refer to the Job Placement Services section of the RFP);
Work-Based Learning Experience for Students – (Case Service Code 963X) – To assist with paid work experience in instances where the employer is unable to place the student on his/her payroll (For a complete description, please refer to the Job Placement Services section of the RFP); and
Work-Based Coaching Supports for Students (for employment) – (Case Service Code 964X) – To provide coaching for supports students engaged in paid work experiences (For a complete description, please refer to the Job Placement Services section of the RFP).
As with all ACCES-VR services, eligible participants, regardless of age, should be provided with those vocational services based on their individualized needs as necessary to achieve an employment outcome.
FRAMEWORK FOR PERFORMANCE INDICATORS
ACCES-VR has made a comprehensive effort to develop an improved contracting process for service providers. Included in these efforts is the implementation of a system to track key performance indicators for the contracted services along with minimum standards for those services. The revised CRS system will enable ACCES-VR to be more flexible in its contracting process and to be more responsive to participant needs. The performance indicators are critical in assisting ACCES-VR in making informed decisions regarding all providers, both current and new, and the allocation of resources within the contracting system. The system will:
• Enhance participants’ informed choice of providers from which they wish to receive services;
• Provide ACCES-VR counseling staff with critical information on performance of providers from whom they seek to purchase services;
• Enable District Offices to oversee and allocate contract dollars to better serve participants; and,
• Provide information to providers to improve services and set expected level of performance.
Outcomes/Quality/Timeliness
Outcomes – ACCES-VR’s goal is to enable participants to attain employment. Accordingly, a provider’s performance will be assessed where appropriate on key indicators such as, but not limited to: percentage of participants successfully employed, the amount of time it takes a participant to become successfully employed, the number of hours a participant is working per week and hourly wages earned by the participant.
Quality – ACCES-VR has developed a rubric by which some services will be rated. The rubric provides guidance to professional staff in rating a particular service as superior, satisfactory or needing improvement. Data on the rubric will be compiled on individual providers and individual services and be used to provide feedback to the individual providers at least twice per year at performance review meetings. Reports will be rated superior, satisfactory or needs improvement. They are defined as follows:
Superior
Information/service provided was clear, concise and complete. It provided the counselor with a thorough understanding of the provider’s service, conclusions and recommendations. The work addressed issues and concerns expressed by the counselor. Work provided was of excellent quality and is able to be used for case decisions. The report provided a number of options for future planning.
Satisfactory
Information/service provided was clear and concise. It provided the counselor with a good understanding of the provider’s conclusions and recommendations. The deliverable was sufficient for decision making.
Needs Improvement
Information/service provided was minimal in addressing the needs of the participant. It only addressed issues and concerns articulated by the counselor. The needs of the participant were not clearly communicated and lacked details and next steps. The report provided no additional information or service.
N/A
Vendor submitted something other than a final report, such as attendance or interim report.
Timeliness - ACCES-VR has established minimum standard timelines in which participants will access services and the District Offices will receive required reports resulting from those contracted services. These standards are established for all service categories in the CRS contracting system.
Timeliness of service is a critical indicator in providing services to participants. Standards are set for individual services and data will be compiled to assist to measure compliance with those standards. This data too will be shared with individual providers at their semi-annual performance reviews.
Once contracts are awarded, ACCES-VR will update the Provider Guidelines for CRS Service Delivery. These Guidelines will assist agencies in achieving their performance indicators and participants in accomplishing their employment goals.
Requirements of Education Law Section 2-d
The Contractor agrees to comply with FERPA and New York State Education Law § 2-d. The New York State Data Security and Privacy Plan (Appendix R), the Parents Bill of Rights (Appendix S) and the Attachment to the Parents’ Bill of Rights for Contracts Involving Certain Personally Identifiable Information (Appendix S-1) are annexed to this RFP, the terms of which are incorporated herein by reference, and which shall also be part of the Contract.
Bidders should complete items #3 and #6 of the Appendix S-1 and return with their technical proposal for review.
Entry Services – (See Attachment 1-A)
Definition:
Individuals with disabilities are assisted by providers with initial activities for entry into ACCES-VR services, thereby expediting the application process, and expanding the potential number of individuals to be served by ACCES-VR. This assistance may include general orientation services and/or gathering and preparing information necessary for the ACCES-VR counselor to determine eligibility.
Services:
These services may be delivered through the two methods described below, based upon the extent of the assistance offered by the provider and requested by the District Office.
Level I:
ENTRY SERVICE I (Services to Groups – No Case Service Code – Standard Voucher) - This is an orientation to ACCES-VR services to potential ACCES-VR participants. It provides a general overview of ACCES-VR and the vocational rehabilitation (VR) process and may include
▪ assistance in completing a ACCES-VR application and other required forms;
▪ providing applicants with the medical/psychological forms necessary to document their disabling condition; and,
▪ referral information for other needed services.
This service requires vendor staff participation in training provided by ACCES-VR, utilization of ACCES-VR information script and materials, and is scheduled only by prior arrangement with the ACCES-VR District Office purchasing the service. This service may be a standalone service or the initial service in combination with other entry services, as noted below. It may be provided at the provider’s location, the ACCES-VR District Office, school districts, One-Stop Centers, or other community locations.
Deliverables and Payment Process: This is a “Service to Groups” of individuals not yet active with ACCES-VR. Payment occurs upon submission of a roster of individuals participating in the session, and a standard voucher form. A unit of service is defined as one session (1.5 to 2 hours). Drop-out and no-show rates do not apply to this service.
Staffing: Entry Services 1 staff must have:
▪ a high school diploma or equivalent;
▪ a minimum of one year of experience in providing employment services to persons who have disabling conditions;
▪ supervision by an individual with at least a minimum of two years’ experience in providing services to persons who have disabling conditions; and,
▪ experience presenting to large groups.
Payment Rate and Authorization: Payment for this service is per session at the rate of:
▪ Region 1, 2 & 3 - $300.00
Established Performance Indicators:
▪ effective presentation of ACCES-VR Program;
▪ orientation location is accessible to all individuals with disabilities;
▪ language barriers are accommodated; and
▪ individual participant confidentiality will be maintained.
Level II:
ENTRY SERVICE II (Case Service Code 118X) - In this service, the vendor will aid participants who:
▪ are not able to complete the application process without assistance; and,
▪ do not have other available supports to help them to gather existing medical information.
The vendor will compile the application information specified by the local District Office, and gather the medical, diagnostic, and other information required by ACCES-VR in order to make a decision regarding the applicant’s eligibility for ACCES-VR services. It is not expected that the provider of this service will purchase any assessment and/or medical evaluations necessary for eligibility determination. The vendor will work with the local District Office if additional ACCES-VR medical authorizations are needed to provide participant information for required ACCES-VR eligibility and goal planning.
NOTE: This service is not intended for individuals currently active with the provider for whom sufficient referral information is currently retained by that provider. These cases must be referred to ACCES-VR through the standard referral process.
Deliverables and Payment Process: This is an outcome-based service that is paid when the vendor has gathered all the requested documentation and sufficient medical information has been submitted to the local ACCES-VR District Office in order to make an eligibility determination. The vendor may also be required to prepare written documentation for ACCES-VR that describes the individual’s physical or mental impairment, functional limitations, impediments to employment, treatment history (as applicable), education, and work history. A unit of service is defined as completion and receipt of the application packet in the appropriate ACCES-VR District Office, which includes medical, diagnostic, and other information as predetermined by the ACCES-VR District Office. Vendors must not use the ACCES-VR Eligibility Determination form for the purposes of documenting this service. Drop-out and no-show rates do not apply to this service.
Staffing: Entry Services II staff must have a minimum of a:
▪ Bachelor’s degree in health or human services and one year of qualifying experience providing direct services beyond routine personal care or supervision to individuals with disabilities in a rehabilitation program or facility, or providing vocational and educational services to individuals with disabilities in the areas of assessment, counseling, job coaching, guidance, placement, or job development;
OR
▪ an Associate’s degree or 60 college credits; and two years’ experience providing direct services beyond routine personal care or supervision to individuals with disabilities in a rehabilitation program or facility, or providing vocational and educational services to individuals with disabilities in the areas of assessment, counseling, job coaching, guidance, placement, or job development;
OR
▪ a combination of a high school diploma or equivalent and four years of experience providing direct services beyond routine personal care or supervision to individuals with disabilities in a rehabilitation program or facility, or providing vocational and educational services to individuals with disabilities in the areas of assessment, counseling, job coaching, guidance, placement, or job development.
Payment Rate and Authorization: Payment for this service is a flat rate payable upon completion of the service:
▪ Region 1, 2, and 3 - $175.00
Established Performance Indicators:
▪ Entry packets are completed to district office specifications;
▪ Amount of time from authorization start date to receipt of report, standard 30 calendar days
▪ 90% of reports will be rated superior/satisfactory.
Assessment Services – (See Attachment 1-B)
NOTE: The following definitions in this section do not apply to the types of assessment needed for technology, vehicle or home modifications, medical evaluations, or to those services covered under contractual arrangements with psychologists.
Definition:
For ACCES-VR, assessment is ongoing and person-centered occurring at critical decision points throughout the vocational rehabilitation process. Assessment services are designed to obtain information that will help clarify ACCES-VR eligibility questions, and/or assist both the participant and ACCES-VR counselor in the development of an appropriate Individualized Plan for Employment (IPE) goal. Assessment information describes the individual’s strengths, skills, aptitudes, interests, capacities, behaviors, work readiness and functional limitations and provides suggested vocational options in keeping with these findings. It may include an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and work related behaviors necessary for successful job performance. The product of assessment services is a personalized report highlighting the testing/community assessment results as they apply to the individual’s vocational strengths, capabilities and capacities, functional limitations and potential employment options.
Services:
CAREER EXPLORATION ASSESSMENT- (Case Service Code 120X): The vocational evaluator meets with participant for a comprehensive evaluation that looks at the participant’s education, past work experience, skills, interest and aptitude areas. Referral information, information obtained during the interviews, career interest tools, and structured career exploration activities are used during the assessment period. This assessment will also allow the evaluator to better understand the individual’s unique factors - strengths, needs and interests - as well as additional impediments to employment (e.g. criminal history; neurodiversity) and how those factors might impact future employment. The specific abilities of the individual are identified as the basis for recommending flexible strategies for job development, placement and retention. This service can also be used to guide an individual through a goal validation process that would include a review of interests, labor market analysis, job requirements and local/regional employment demand/employers. A written report will be generated. After the assessment period is completed, a team conference will be scheduled with the individual and ACCES-VR Counselor; the Customized Career Exploration Assessment will be presented and the recommendations discussed. Recommendations may include: referral to a Community Based Work Assessment (112X) for additional career exploration in real work settings and to observe the person in other community settings; Work Experience Development (559X) for a work try out or paid community work experience (958X); Work Readiness; Direct Placement; Supported Employment; or other education, including post-secondary options, or vocational training options in the community.
POST-SECONDARY COUNSELING FOR STUDENTS - (Case Service Code 121X): This service is identical to Career Exploration Assessment, only with a focus on exploring post-secondary options for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 120X, with the exception of the rate. The higher student rate has been adjusted for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
JOB EXPLORATION COUNSELING FOR STUDENTS - (Case Service Code 122X): This service is identical to Career Exploration Assessment, only with a focus on exploring career options for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 120X, with the exception of the rate. The higher student rate has been adjusted for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process (120X; 121X and 122X): Upon completion of the service, the provider will prepare and submit a Customized Career Exploration Assessment report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. The report must contain specific recommendations for flexible strategies for job development, placement and retention. The provider will receive final payment upon completion of a Customized Career Exploration Assessment report approved by the Vocational Rehabilitation Counselor (VRC). After the assessment period is completed a team conference will be scheduled with the individual and ACCES-VR Counselor and the Customized Career Exploration Assessment will be presented and the recommendations discussed. Drop-outs will be prorated based on receipt of a partial report and number of days that the service was provided. For participants who do not complete the service, the provider will report on what information they were able to obtain during the period of participant participation. The unit of service is defined as an hour, up to 10 hours. In the case of drop-outs billing should be prorated for the number of hours the participant was served and submission of appropriate documentation to the VRC.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of up to 10 hours in an agency setting at the rate of:
• Career Exploration Assessment (120X) - Regions 1, 2 and 3 - $80.00 per hour
• Post-Secondary Counseling for Students (121X) - Regions 1, 2 and 3 - $96.00 per hour
• Job Exploration Counseling for Students (122X) - Regions 1, 2 and 3 - $96.00 per hour
DIAGNOSTIC VOCATIONAL EVALUATION (DVE)/ COMMUNITY-BASED SITUATIONAL ASSESSMENT (CBA) - (Case Service Code 110X) - Evaluation in an agency setting or in a community locale associated with the provider agency. This service may include standardized work samples, self administered paper and pencil tests, and/or actual hands on work with direct observation and may be done on a group basis. The standard authorization period is up to 15 days. Assessment services beyond 15 days will require supervisory approval by ACCES-VR.
Deliverables and Payment Process (110X): Upon completion of the service, the provider will prepare and submit a Vocational Assessment Service report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. The provider will receive final payment upon completion of a Vocational Assessment Service report approved by the Vocational Rehabilitation Counselor (VRC). The provider must offer the VRC the opportunity to attend a conference at conclusion of the service. Drop-outs will be prorated based on receipt of a partial report and number of days that the service was provided. For participants who do not complete the service, the provider will report on what information they were able to obtain during the period of individual participation. The unit of service is defined as a minimum of a five-hour day up to 15 days and can be billed in half days (2.5 hours) if necessary. In the case of drop-outs billing should be prorated at the daily rate for the number of days the participant was served and submission of appropriate documentation to the VRC.
Staffing: Individuals providing Assessment Services for 110X, 120X, 121X, and 122X must meet the qualifications in the Commissioner’s Regulations for the title Evaluator I, below. Additionally, individuals with this title shall be directly supervised by an Evaluator II who meets the qualifications described in the Level II services.
Evaluator I minimum qualifications:
▪ Master's degree in vocational rehabilitation counseling or related area such as personnel, counseling and guidance;
OR
▪ Bachelor's degree and enrollment in a Master's degree program in vocational rehabilitation or related area such as personnel, counseling and guidance;
OR
▪ Bachelor’s degree and two years’ experience providing vocational assessment services.
Payment Rate and Authorization 110X: Payment for this service is per day with a standard authorization of up to 15 days in an agency setting at the rate of:
▪ Statewide $75
Established Performance Indicators:
▪ amount of time from Authorization Start Date to receipt of report - standard 30 calendar days;
▪ 90% of reports will be rated superior/satisfactory.
COMMUNITY-BASED WORKPLACE ASSESSMENTS (CBWA) – (Case Service Code 112X) – Customized worksite and/or community-based workplace assessments. The provider, in consultation with the ACCES-VR Counselor (VRC) and the individual participating in the assessment, develops an individualized strategy for assessment activities leading to a balanced vocational profile. This service includes the development of a work and/or community evaluation site according to the identified interests and known employment factors of the individual. If indicated, the provider may arrange for two or more different work or community sites if that is needed for assessment purposes. The sites for this process are actual employer sites or integrated community sites, not agency/facility based.
The CBWA may also include selected observations of the person in other integrated community situations (e.g. school, home) if directly applicable to yielding detailed information about the person’s skills and capacities, as well as the conditions he/she needs to be successful in the workforce. These activities are focused on gaining a comprehensive, person-centered assessment of the individual’s strengths, capabilities, needs, skills and experiences. The evaluator accompanies the individual to the work and community site in order to observe and determine tasks and skills that are relevant to job placement and the kind of work environment the person needs to succeed in a job. This assessment gives the individual hands-on experience in an actual worksite or a community site allowing direct observations by the evaluator.
The evaluator may also interview significant others (family, friends, teacher, professionals, spouse and others who know the person well) to gather additional information on the individual’s capacities. A group planning session, which includes the individual, the evaluator, the ACCES-VR counselor and significant others, is conducted to summarize findings from the observations and to further develop and refine the vocational profile.
Community-based workplace assessments are done on an individual basis. The standard authorization period would be between 15 to 30 hours. Additional hours may be provided based on individual participant need with pre-approval by the ACCES-VR Counselor. Fewer than 15 hours may also be authorized when a focused or selected component of this service is implemented based on the needs of the individual and the specific assessment questions being addressed, at the VRC’s request. In this instance, the VRC may use this service for a Trial Work Experience in status 06. The number of hours is determined by ACCES-VR, in consultation with the provider, to meet the individual’s assessment needs.
Deliverables and Payment Process: Upon completion of the service, provider will prepare and submit a Vocational Assessment Profile Report to the ACCES-VR counselor within 15 business days of the last date of service with the individual. The Vocational Assessment Profile Report is a balanced profile of the person that describes: purpose and proposed employment goal; attributes and capacities; interests and preferences; priorities; values and ideals; travel and mobility skills, including access to transportation; supports needed; networks and resources, including natural supports; and community connections. The Vocational Assessment Profile Report may also identify alternative customized strategies, including job creation and job carving, to facilitate matches on important factors. This information can guide the individual and job developer to identify employers who may be willing to restructure or create a job uniquely suited for both the needs of the employer and the skills of the individual. The profile should recommend an action plan that clearly details how resources will be applied to specific activities and task responsibilities with timelines. The Vocational Assessment Profile Report should also enable the ACCES-VR counselor and the individual to develop or refine the Individualized Plan for Employment.
The provider will receive final payment upon approval of the profile report by the VRC. This service is reimbursed based on completion and submission of the Vocational Assessment Profile Report. The provider must offer the VRC the opportunity to attend a conference at the conclusion of the service. For individuals who do not complete the service, the provider will report on what information they were able to obtain during the period of participation. A unit of service is defined as one hour. The number of hours is determined by ACCES-VR, in consultation with the provider, to meet the individual’s assessment needs. For individuals for whom a more limited assessment is needed, the number of hours of service will determined by the referring ACCES-VR counselor, in consultation with the provider, and the profile report will reflect the focus area of the evaluation.
Staffing: Individuals providing this service must meet the qualifications in the Commissioner’s regulations for the title Evaluator I (above, see DVE section). Additionally, individuals with this title shall be directly supervised by an Evaluator II who meets the qualifications described below.
Evaluator II Minimum qualifications:
▪ Master's degree in vocational rehabilitation or related area such as personnel, counseling, guidance and one year of experience in vocational rehabilitation or other suitable fields;
OR
▪ Bachelor's degree and three years of experience in service delivery to individuals with disabilities;
OR
▪ Five years’ experience as an evaluator in a community rehabilitation program and completion of specialized rehabilitation-related courses.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of 15 to 30 hours, not to exceed a maximum 40 hours, at the rate of:
▪ Region 1 - $75.00
▪ Region 2 - $65.00
▪ Region 3 - $70.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report - standard 30 calendar days; and,
▪ 90% of reports will be rated superior/satisfactory.
STANDARDIZED TESTING AND SPECIALIZED EVALUATIONS – (Case Service Code 100X) – a bank of assessments that may be used to measure a participant's academic achievement, aptitudes, cognitive abilities, personality, vocational interests, sensory/motor skills and compares to appropriate sample population. This service is provided on an individual basis. Standardized Tests and Specialized Evaluations include but are not limited to: standardized, computerized or other assessment systems such as Woodcock-Johnson Tests of Cognitive Ability.
Deliverables and Payment Process: Upon completion of the service, the provider will prepare and submit the report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. The provider will be paid based on completion of a Vocational Assessment Service report approved by the VRC. The provider must offer the VRC the option of attending a conference at conclusion of the service. This service is reimbursed based on completion and submission of the assessment report. For participants who do not complete the service, the provider will report on what information they were able to obtain during the period of participant participation. A unit of service for Standardized Testing and Specialized Evaluation is one hour. The typical authorization is up to 10 hours. In the case of drop-outs, billing should be prorated at the hourly rate with submission of appropriate documentation and information regarding the last contact with the participant to VRC.
For participants for whom a more limited evaluation is needed, a proportional number of hours will be agreed upon with the referring ACCES-VR counselor, and provider will report on the focus area of the evaluation. For participants who do not complete the service, the provider will report on what information they were able to obtain during period of participant participation.
Staffing: Evaluator III minimum qualifications:
▪ Master's degree in vocational rehabilitation or related area such as personnel, counseling, guidance and one year of experience in vocational rehabilitation or other suitable fields;
OR
▪ Bachelor's degree and three years of appropriate experience in services to individuals with disabilities;
OR
▪ Five years’ experience as an evaluator in community rehabilitation programs and completion of specialized rehabilitation-related courses.
AND
▪ Certification as an administrator of any instrument(s) utilized that requires such designation; or, certification in the field in which a specialized assessment is performed, such as a licensed psychologist, registered occupational therapist, or other qualifying license or certification required for the specific standardized test or specialized evaluation.
For Standardized Testing and Specialized Evaluations, it is essential that the evaluator meet the necessary professional standards, licensure and certification to administer and interpret the tests and evaluations.
Payment Rate and Authorization: Payment for Standardized Testing and Specialized Evaluations is per hour with a standard authorization of up to 10 hours at the rate of:
▪ Region 1 - $146.00
▪ Region 2 - $131.00
▪ Region 3 - $138.00
Established Performance Indicators
▪ amount of time from authorization start date to receipt of the report - standard 30 calendar days; and,
▪ 90% of reports will be rated superior/satisfactory.
Employment Preparation Services – (See Attachment 1-C)
BENEFITS ADVISEMENT
Definition:
ACCES-VR participants, as individuals with disabilities, are often involved with, or could benefit from, a range of benefit programs such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Medicaid, and Medicare. Other benefits commonly received by participants or available to them include: private insurance coverage, financial planning, food stamps, Plan to Achieve Self-Support (PASS), public assistance benefits (i.e., Family Assistance or Safety Net benefits), student loans, other financial aid benefits (e.g., Tuition Assistance Program (TAP) and Pell grants), and federal and state tax provisions which reduce tax liability. All of these benefit programs have criteria for initial or continued coverage. Many are based on financial need criteria, and many have very specific rules governing how work and wages affect eligibility or benefit amounts; others may allow participants to exercise specific options while working. ACCES-VR recognizes that the following Benefit Advisement service is required to allow participants to address specific and possibly wide-ranging benefits and their related barriers and benefits associated with employment. The use of Benefits Advisement will enable individuals to use existing work incentives to maximize earnings from employment and achieve the greatest degree of self-sufficiency, without losing essential benefits (e.g. Medicaid) necessary for their well-being.
Services:
The intent of the Benefits Advisement service is to allow participants to make informed choices concerning the range of benefits they receive or that are available to them, including the work incentives available to them as they participate in education, training, and employment. Planned use of work incentives allow VR participants to maximize earnings and economic self-sufficiency, a primary goal of the ACCES-VR program under WIOA. Benefits Advisement can be authorized at any point in the vocational rehabilitation process, from assessment through job placement and retention, based on the need of the individual to make informed choices about employment, earnings and impact on essential benefits.
This is a service in which the vendor provides timely and accurate information to participants about one or more benefit programs related to the participants’ pursuit of their IPE goals.
BENEFITS ADVISEMENT – (Case Service Code 175X): Typically, this service will be provided one-on-one through phone contact, or in-person at the vendor’s office or another community-based site. The vendor may provide the participant with written materials such as a benefits fact sheets. The vendor provides a Benefits Advisement checklist of topics addressed.
Deliverables and Payment Process: This service is reimbursed upon receipt of the voucher, accompanied by a Benefits Advisement Report (narrative and checklist) form. A unit of service is defined as one hour and typically up to 10 hours can be authorized. In the case of drop-outs, billing should be prorated at the hourly rate and with submission of appropriate documentation and information regarding last contact with participant to VRC.
Staffing: Individuals providing Benefits Advisement service must have:
• successfully completed one of the multi-day training programs delivered through one of the Social Security Administration’s (SSA) Technical Assistance (TA) providers for the Work Incentives Planning and Assistance Project (formerly the Benefits Planning, Assistance and Outreach Project), such as those provided by Cornell University or Virginia Commonwealth University;
Additionally: Vendors providing Benefit Advisement services must participate in ongoing in-service training to remain current in changes in the benefits requirements of a wide range of benefit services.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of up to 10 hours at the rate of:
• Region 1 - $53.00
• Region 2 - $47.00
• Region 3 - $50.00
Established Performance Indicators:
• amount of time from authorization to receipt of report – standard 30 calendar days; and,
• 90% of reports received will be rated superior/satisfactory.
SELF-ADVOCACY FOR EMPLOYMENT (Case Service Code – 123X)
Definition
Self-advocacy is the ability to express thoughts, feelings, and beliefs; know and understand rights and responsibilities; take responsibility for decisions and choices and exercise efforts to improve life situations. Self-advocacy for Employment services emphasize career and employment exploration; understanding a range of employment opportunities to choose from; recognize personal strengths, talents, compensatory skills, including natural and family supports, and disability-specific accommodation needs; disclosure of disability; learning employment rights under Title I of the ADA and learning when and how to request reasonable accommodation. The desired outcome of this service is that the individual will attain a set of core skills needed to identify personal needs and wants as they relate to career and employment exploration. At the conclusion of this service, participants will actively demonstrate a set of competencies and acquired skills that will enable them to navigate through their challenges related to employment. These personal criteria will then empower an individual to develop an individualized plan of strategies in preparation to engage and fully participate in the career development and employment process.
SELF-ADVOCACY FOR STUDENTS (Case Service Code – 124X) - This case service code is to be used when the vendor is authorized to deliver Self-advocacy for Employment for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 123X, with the exception of the rate. The higher student rate adjusts for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process
Upon completion of Self-advocacy for Employment, the provider will prepare a report that includes a checklist of newly mastered skills and competencies resulting from individual or group Self-advocacy for Employment. For group services, the provider should submit a detailed syllabi and curriculum which will be reviewed and approved by the District Office.
A unit of service is one hour of either individual or group training or a combination of individual and group training up to a maximum of 15 units. Group services must not exceed five individuals.
NOTE: All potential providers of Self-advocacy for employment should submit a detailed, two-page syllabus on the content of the proposed self-advocacy service.
Staffing
Provider staff will be competent role models trained to use strength-based person- centered planning and people first language about disability with a minimum of a High School Diploma or equivalent and two years of experience in providing strength-based service delivery in qualified competitive and integrated work settings.
Payment Rate and Authorization
• Self-Advocacy for Employment (123X): $50, up to 15 hours per person based on individual need.
• Self-Advocacy for Students (124X): $60, up to 15 hours per person based on individual need.
Established Performance Indicators
• The amount of time from authorization start date to service start date does not exceed 30 calendar days.
• 90% of reports received will be rated satisfactory or superior.
WORK READINESS
Definition:
Participants are assisted by providers in development of job-related skills. Work Readiness Services include components that enable the participant to successfully develop the following individual capacities for achieving and maintaining employment: work behaviors, social skills in the work setting, effective communication, accepting supervision, problem solving, grooming and hygiene, goal setting and work tolerance.
Other areas of concern may also be addressed including work-related daily living skills, disability awareness, work traits and work ethic, which may be provided as part of IPE development (Work Readiness 1 – Soft Skills below) or as an IPE service. This always includes a focus on acquisition of the requisite “soft skills” applicable across a variety of employment settings. The higher levels of this service also include development of vocational skill sets focused on specific fields of employment. While typically provided in a group setting, these vocational adjustment services may be provided one-on-one. At the highest level of this service (Work Readiness 3 – Skill Development and Work Experience), the provider is required to place and support the participant throughout the 90-day post employment period leading up to ACCES-VR case closure.
Services:
These services may be delivered in a community-based facility or, where possible, in an integrated community setting. At the highest level of the service, there is a requirement for placement and short term intervention in an employment site. Delivery of these services is dependent upon the development of an activity plan that is approved by the ACCES-VR District Office(s) utilizing the service.
Counselors should select the needed level of Work Readiness skills identified in the IPE with the understanding that the higher levels of skill development include all the elements of the preceding level(s). If, following services at a lower level, it is determined the participant is able to progress to a higher level than previously anticipated, the authorization for that subsequent level should be of a shorter duration, as agreed upon with the provider. These skill development services can be authorized as follows in the three modules listed below:
NOTE: Work Readiness 1 – Soft Skills Training have new Case Service Codes: 125X and 126X (Deaf Service). Case Service Codes 620X and 621X will no longer be used. This enables ACCES-VR to authorize these services prior to an IPE development when appropriate to the needs of the individual.
WORK READINESS 1 –SOFT SKILLS TRAINING – (Case Service Code 125X) - This service is a defined set of activities that lead to the acquisition of specific “soft” skills by the individual. They are primarily focused on tasks such as learning acceptable work and social conduct in the workplace, the culture of the workplace, preparing a resume, motivation for work and maintaining a job, and other skills such as, but not limited to, work-related daily living skills, disability awareness, transportation and home health management that are applicable across a variety of employment settings.
WORK READINESS 1 –SOFT SKILLS TRAINING – DEAF SERVICES (Case Service Code 126X)
WORK READINESS 1 FOR STUDENTS – SOFT SKILLS TRAINING – (Case Service Code 127X) – This case service code is to be used when the vendor is authorized to provide work readiness to students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 125X, with the exception of the rate. The higher student rate adjusts for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process: Upon completion of approved soft skills training, the provider will prepare and submit a report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. Such reports shall indicate the type of services provided and the individual's progress acquiring soft skills, which will support the development of an employment goal. A unit of service is defined as one (1) hour with a standard authorization of 15 units, up to a maximum of 60 units per participant. In the case of drop-outs, billing should be prorated at the daily rate with submission of appropriate documentation and information regarding last contact with participant to the VRC.
NOTE: All potential providers of Work Readiness 1 must submit a detailed, two-page syllabus on the content of the proposed Work Readiness 1 service (125X, 126X and/or 127X).
Staffing: Staff providing this service must have:
▪ a high school diploma or equivalent; and
▪ a minimum of two years’ experience in providing vocational services to persons who have disabling conditions or other significant barriers to employment.
Work Readiness Service providers must be supervised by an individual having at least a Bachelor’s level degree in an appropriate human services/human resources field, OR at least four years’ experience in the provision of work readiness services. Staff should also take part in ongoing training and staff development activities associated with the provision of services to individuals with disabilities.
Payment Rate and Authorization: Payment for this service is per participant on an hourly basis with a unit defined as a one hour face-to-face session. If delivered in a group, the maximum number participants are 10. A standard authorization of up to 15 units at individual or group rate of:
▪ Region 1, 2, & 3 - $50.00 per hour
▪ Deaf Service Rate - $90.00 per hour for Regions 1, 2 & 3
▪ Student Service Rate - $60.00 per hour for Regions 1, 2 & 3
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 30 calendar days,
▪ 90% of reported services will be rated superior/satisfactory,
WORK READINESS SERVICES 2 – Skill Development - (Case Service Code 625X) - In addition to the soft skills training listed above, this service is a defined set of activities that lead to development of skills for a specific career outcome (e.g. skill development in retail sales, utility worker, or other generic job areas) consistent with participant IPE goals and locally available employment opportunities. The specified skill development is primarily at the provider’s facility or may be at a community site and the activity is not applicable for licensure by NYSED’s Bureau of Proprietary School Supervision. The skills acquired must be appropriate for entry level work in the field of preparation and/or transferable to other job areas. The expected vocational service outcome must be consistent with an individual’s IPE.
Deliverables and Payment Process: Upon completion of approved Work Readiness Services 2 – Skill Development, the provider will prepare and submit a report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. Such reports shall indicate the type of services provided and the individual's progress toward the employment outcomes specified in the IPE, is in a format approved by and submitted at intervals designated by ACCES-VR. The unit of service is defined as a minimum of a five-hour day up to 40 days and can be billed in half units (2.5 hours) if necessary. In the case of drop-outs, billing should be prorated at the daily rate and with submission of appropriate documentation and information regarding last contact with participant to the VRC. Authorizations for participants who have previously participated in Work Readiness 1 – Soft Skills services with the same provider should be reduced accordingly. Progress report will be provided at mid-point and at conclusion of service.
Staffing: Work Readiness Service staff must have:
▪ a high school diploma or equivalent; and,
▪ a minimum of two years of experience in providing vocational services to persons who have disabling conditions or other significant barriers to employment.
Work Readiness staff must be supervised by an individual having at least a Bachelor’s level degree in an appropriate human services/human resources field, OR at least four year of experience in the provision of Work Readiness services. Staff should also take part in ongoing training and staff development activities associated with the provision of services to individuals with disabilities.
Payment Rate and Authorization: Payment for this service is per day with a standard authorization of up to 40 days at the rate of:
▪ Statewide - $60.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of final work readiness report – standard 90 calendar days; and,
▪ 90% of reports of services will be rated superior/satisfactory.
WORK READINESS SERVICES 3 – Skill Development with Work Experience – (Case Service Code 630X) – In addition to the soft skills training listed above, this service is a defined set of activities that lead to development of skills for a specific career outcome (e.g. skill development in retail sales, utility worker, or other generic job areas) consistent with participant’s IPE goals and locally available employment. The skills acquired must be appropriate for entry level work in the field of preparation and/or transferable to other job areas. It is expected that at least one third of Work Readiness 3 will include work readiness skill development in a community-based setting. The standard authorization period for this service is up to 60 days, which includes both the training process and simultaneous job development and placement activities. Authorizations for participants who have previously participated in Work Readiness 1 – Soft Skills and/or Work Readiness 2 – Skill development services with the same provider should be reduced accordingly. The expected outcome is that participants will have had a real work experience, and have acquired work readiness skills associated with specific career area identified in their IPE and job placement. (Refer to Job Retention Services 932X below for details on 90-day job retention.)
Deliverables and Payment Process: Upon completion of approved Work Readiness Services, the provider will prepare and submit a report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. The report must include data relating to the employment of the individual sufficient for ACCES-VR case closure. Services rendered must have enabled the participant to learn the essential functions of the job and to meet employer expectations sufficient for job retention. The unit of service is defined as a minimum of a five-hour day up to 60 days and can be billed in half units (2.5 hours) if necessary. In the case of drop-outs, billing should be prorated at the daily rate and with submission of appropriate documentation and information regarding last contact with participant to the VRC. If a participant is employed as a direct result of the Work Readiness 3 services, a job retention payment may be billed following 90 days of employment.
Staffing: Staff providing this service must have:
▪ a high school diploma or equivalent; and,
▪ a minimum of two years of experience in providing employment-related services to persons who have disabling conditions and knowledge of the local job market.
Work Readiness service providers must be supervised by an individual having at least a Bachelor’s level degree in an appropriate human services/human resources field, OR at least four years’ experience in the provision of Work Readiness services. Staff must also take part in ongoing training and staff development activities associated with the provision of services to individuals with disabilities.
Payment Rate and Authorization: Payment for this service is per day with a standard authorization of up to 60 days at the rate of:
▪ Statewide - $60.00
Established Performance Indicators:
▪ Amount of time from authorization start date to 932X report – standard 120 calendar days;
▪ 90% of reports of services will be rated superior/satisfactory; and,
▪ 60% of participants receiving this service will be closed successfully (Status 26).
Job Retention Payment – (Case Service Code 932X) – $1,025.00 for all regions following 90 days of employment – this rate cannot be combined with any other placement or training rates.
Job Retention Payment – Deaf Service (Case Service Code 937X) – $1,900.00 for all regions following 90 days of employment – this rate cannot be combined with any other placement or training rates.
Job Placement Services – (See Attachment 1-D)
Definition:
Participants are served by providers with employment-related services necessary to obtain, retain, or advance in competitive, integrated employment. It is ACCES-VR’s expectation that the employment be consistent with the individual’s IPE vocational goal.
Services:
These services may be delivered individually or sequentially/bundled predicated upon the individual needs of the participant, as identified by the referring vocational rehabilitation counselor. These services are not designed for individuals who meet the criteria for involvement in Supported Employment services.
WORK EXPERIENCE DEVELOPMENT - (Case Service Code 559X) – This service is designed to enlist the assistance of a community provider to aid in securing an employer-based (unpaid or paid) work experience opportunity for our participants. The vendor may provide job development as part of this service and would be responsible for setting up the work experience, monitoring participant progress and making the arrangements for required paperwork with the employer. This service is designed to provide ACCES-VR participants with real work experiences and opportunities to network in actual business environments consistent with their vocational goals. It can be provided as a stand-alone service or may be packaged with other placement services; i.e., WTO, OJT, work study or internship/externship
WORK-BASED LEARNING DEVELOPMENT FOR STUDENTS - (Case Service Code 557X) – This case service code is to be used when the vendor is authorized to develop a work experience for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 559X, with the exception of the rate. The higher student rate has been adjusted for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process: The vendor must develop and place the participant in an actual employment experience with a community-based employer. This service is effective when the individual successfully begins a work experience. In conjunction with this service, ACCES-VR may also provide OJT, WTO, work study or internship/externship with the employer using the existing service options. A unit of service is defined as a report that is provided to the ACCES-VR Counselor describing the work experience site that has been developed. In the case of drop-outs, billing should be prorated at 20 percent of the applicable rate listed below for your region and submission of appropriate documentation to the VRC regarding last contact with participant.
Staffing: Work Experience Service providers must have:
▪ a high school diploma or equivalent; and,
▪ a minimum of two years of experience in providing vocational services to persons who have disabling conditions or other significant barriers to employment
Work Experience service providers must be supervised by an individual having at least a Bachelor’s level degree in an appropriate human services/human resources field, OR at least four years of experience in provision of Work Experience services. Provider should have a staff development plan for staff participation in ongoing training and staff development activities associated with the provision of services to individuals with disabilities.
Payment Rate and Authorization: This is a flat fee service payable at the time the vendor reports that the work experience has been secured at the rate of:
▪ Work Experience Development (559X) - Region 1, 2 & 3 - $600.00
▪ Work Based Learning Development for Students (557X) - Region 1, 2 & 3 - $720.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 45 calendar days; and,
▪ 90% of reports will be rated superior/satisfactory.
COMMUNITY WORK EXPERIENCE – (Case Service Code 958X) – This placement service is available for all eligible participants. The service is designed to provide paid work experiences. This service is a paid internship and reimburses the vendor at minimum wage, and not the prevailing wage if different, plus an administrative cost for payroll issues for up to 320 hours of paid work experience. This is a wage reimbursement mechanism when an employer is unable or unwilling to put the ACCES-VR participant on their payroll. The vendor is responsible for withholding federal, state, local tax (in some locations) and Federal Insurance Contributions Act (FICA) which includes Social Security and Medicare taxes. Administrative costs should include employer payroll tax which may include but is not limited to the employer’s share of Social Security and Medicare tax, State Unemployment Insurance (SUI), and State Disability Insurance (SDI).
Temporary staffing agencies are not eligible to be a provider of this service.
Note: Work Experience Development (559X) may be authorized in conjunction with this service to identify an appropriate work site for an individual, if necessary.
WORK-BASED LEARNING EXPERIENCE FOR STUDENTS - (Case Service Code 963X) – This case service code is to be used when the vendor is authorized to provide a paid work experience for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 958X, with the exception of the rate. The higher student rate has been adjusted for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process: The vendor has established and placed the participant in an actual employment experience with a community-based employer. The vendor will then develop the work experience and be paid for the service upon receipt of duplicate pay stubs for the total number of hours worked. The drop-out rate does not apply for this service.
Payment Rate and Authorization: This is an hourly rate based upon the number of hours (up to 320) that an ACCES-VR participant works. One single hour is considered a unit of service.
▪ Community Work Experience (958X) - Regions 1 - $21.00 per hour
▪ Community Work Experience (958X) - Regions 2 & 3: $19.00 per Hour
▪ Work-Based Learning Experience for Students (963X) – Region 1 - $23.00 per hour
▪ Work-Based Learning Experience for Students (963X) – Region 2 & 3 - $21.00 per hour
ACCES will re-evaluate this rate in year three of this contract pending minimum wage rate at that time.
COACHING SUPPORTS (FOR EMPLOYMENT) – (Case Service Code 959X) - This service includes interventions that can be used in case service Status 14, 18, 20, 22 and provide the individual participant assistance and support on or off-the-job in activities on a short-term or long-term basis, that are employment-related and needed to promote job development, adjustment and retention. Service duration will be determined by the VRC depending upon the individual participant’s IEP. Activities may include, but are not limited to, job orientation, job destination/transportation training, resume writing, interviewing skills, job clubs, teaching basic job tasks, supervision at the worksite, supervisor consultation, assistance in integrating into the work environment or adjusting to changes in the work environment, assistance with public support agencies, the provision of supports due to changes in job duties, family and residential provider consultation and ongoing contact with the participant and/or employer to ensure continued job satisfaction and coaching supports for youth engaged in paid work experiences.
COACHING SUPPORTS (FOR EMPLOYMENT) – Deaf Services (Case Service Code 563X)
WORK-BASED COACHING SUPPORTS FOR STUDENTS – (Case Service Code 964X) - This case service code is to be used when the vendor is authorized to provide coaching supports for students age 14-21. The service description, deliverables, payment process, staffing, and performance indicators are the same as 959X, with the exception of the rate. The higher student rate has been adjusted for staffing needs outside of the traditional workday, including weekends, evenings and during times when school is not in session. Provision of services to students requires proficiency and investment in communication techniques through social media, email and cellular phone.
Deliverables and Payment Process: A unit of service is one hour. The VRC will determine the number of hours appropriate for the desired intervention. ACCES-VR will pay for services rendered upon receipt of a monthly report outlining the services delivered, status of the individual’s current employment and outcome of the intervention provided. In the case of drop-outs, billing should be prorated at the hourly rate and with submission of appropriate documentation and information regarding last contact with participant to VRC.
Staffing: Coaching Support service providers must have:
▪ a high school diploma or equivalent; and,
▪ a minimum of two year of experience in providing employment-related services to persons who have a disabling condition and knowledge of the local job market.
Payment Rate and Authorization: Payment for this service is per hour with the VRC determining the number of hours appropriate for the desired intervention at the rate of:
▪ Coaching Supports (959X) Region 1 - $61.00
▪ Coaching Supports (959X) Region 2 and 3 - $46.00
▪ Coaching Supports for Students (964X) Region 1 - $68.00
▪ Coaching Supports for Students (964X) Region 2 and 3 - $55.00
▪ Coaching Supports (563X) - Deaf Service Rate Region 1 - $68.00
▪ Coaching Supports (563X) - Deaf Service Rate Region 2 and 3 - $55.00
Established Performance Indicators:
▪ amount of time from authorization start date to commencement of service – standard 5 calendar days;
▪ 60% of participants receiving this service will be successfully closed (Status 26); and,
▪ 90% of reports will be rated superior/satisfactory.
EMPLOYMENT CUSTOMIZATION – (Case Service Code 510X)
Employment customization requires face-to-face meetings with the participant and the employer to make a job match that is significantly more complex and difficult than average. It requires a blend of flexible strategies that result in the provision of individually negotiated and designed services, supports and job opportunities that lead to an employment outcome. The negotiating can be done during the job development phase of supported employment. This includes customizing a job description based on the current employer needs and developing a set of job duties, work schedule, and specifics of supervision that will match to a specific individual. A key factor in deciding if a service is a customized employment service is the presence of employer negotiation, including:
• customizing a job description based on current unidentified and unmet needs of the employer and the needs of the employee;
• developing a set of job duties or tasks;
• developing a work schedule (including determining hours worked);
• determining a job location;
• developing a job arrangement (such as job carving, job sharing, or a split schedule); and/or
• determining specifics of supervision.
NOTE: This service can be provided, as appropriate to the rehabilitation needs of the individual, with both direct job placement (931X/936X) or with supported employment (573X). Potential contractors for Supported Employment who want to be able to offer Employment Customization as part of their Supported Employment service must also complete Attachment 1-D (Job Placement Services) and note capacity in Attachment 2.
Payment Rate:
• Region 1: $1,525.00
• Regions 2 & 3: $1,350.00
Employment Customization can be billed only in conjunction with Job Placement Milestones for Job Retention, Case Service Codes 931X/936X or Supported Employment Job Placement Day 5 Case Service Code 573X when the written report documents and verifies that the provider worked with the employer to develop a unique, highly individualized set of job responsibilities uniquely tailored to the skills and strengths of the individual.
NOTE: Employment Customization cannot be billed for enclaves (dispersed or group), mobile work crews or any other job placements that are based on preferred source or other product or service contracts that the provider has with a business or public entity, directly or indirectly, regardless of the source of wages for the individual or the nature of the work setting.
Deliverable and Payment Process: This is a flat fee service. Payment will be made upon a detailed, customized employment report that documents the specific customized employment activities related to assessing the individuals’ strengths and working with an employer to match a set of job responsibilities to those strengths. Services rendered must involve a blend of flexible strategies that result in the provision of individually negotiated and designed services, supports, and job opportunities for an individual and that lead to an employment outcome of customized employment, including self-employment, as described in the service definition.
Staffing: If billed with 931X/936X, same as Job Placement. If billed with 573X, same as Supported Employment.
DIRECT PLACEMENT INTAKE – (Case Service Code 921X) – This service is designed to permit the individual referred for services and the service provider to determine if there is an adequate match in the following areas: the vocational goal, the job search methodologies and mutual expectations. It may be utilized as an assessment or placement service, including evaluation of employability, or as a pre-screening relative to placement potential in a particular occupation. This CRS service cannot be authorized if the placement vendor or the placement component of the vendor (regardless of funding source) has:
• served the participant within the last 12 months; or,
• the participant has received training or work-readiness services from that vendor.
JOB SEEKING AND JOB DEVELOPMENT SERVICES – (Case Service Code 929X) – These services are designed to equip the participant with the necessary skills to participate, to the greatest degree possible, with the job search process. It may include, but not be limited to, the following activities: work place behavior skills training, job application training, job seeking skills training, interviewing skills training, and/or job retention skills training. This service also includes simultaneously providing the ACCES-VR counselor with an up-to-date resume for the participant, making sure the participant is registered with the local One-Stop Career Center, and performing individual job development activities such as following up on job leads through both direct and indirect contact with employers. It is expected that these activities conducted by the service provider would be for a minimum of ten hours monthly.
JOB SEEKING AND JOB DEVELOPMENT SERVICES – Deaf Services (Case Service Code 935X)
JOB PLACEMENT – (Case Service Code 931X) – This is an outcome-based service that is paid when an ACCES-VR participant starts working on a job that meets his or her vocational goal and stays in the position for a minimum of 5 calendar days. The vendor can bill for this service after the 5 calendar days provided that the participant has worked at least 3 days. In the event that a participant loses a placement and both participant and VRC believe additional placement services are indicated, this service may be repeated if necessary.
JOB PLACEMENT –– Deaf Services (Case Service Code 936X)
JOB RETENTION SERVICES – (Case Service Code 932X) – This service provides a resource to both the participant and the employer during the initial 90 days of employment; ACCES-VR expects on-going contact with the participant and, where it is not contraindicated, the employer, to ensure successful retention of his or her new position.
JOB RETENTION –Deaf Services (Case Service Code 937X)
Deliverables and Payment Process:
▪ Direct Placement Intake – This is a flat fee service. Payment will be made upon receipt of a report from the provider, within 30 calendar days of the authorization start date, indicating whether placement services are recommended to continue. A unit of service is defined as one intake. The drop-out and no-show rates do not apply to this service.
▪ Job Seeking and Job Development Service – This is a flat fee service. ACCES-VR expects a monthly report describing the services provided and payment is made upon receipt of job development plan and an electronic copy of the participant’s resume. A unit of service is defined as a minimum of 10 hours per month. This service should not be billed concurrently with 921X. It can only be billed after 10 hours of direct service related to job seeking and development have been delivered after the intake has been completed. Drop-out and no-show rates do not apply to this service. In the event that the participant loses a job, one-half (1/2) fee could be authorized by the Vocational Rehabilitation Counselor and paid to the vendor a second time with justification.
▪ Job Placement – This service is paid upon receipt of a completed written report (including all data necessary for a successful case closure documentation) confirming the completion of the fifth calendar day of employment (the participant must have worked at least three days) as defined by the participant’s employer. A unit of service is defined as completion and receipt of written report by the VRC. Drop-out and no-show rates do not apply to this service.
▪ Job Retention Services – Upon receipt of an updated report containing required data for case closure, this outcome-based payment is paid to the provider after services rendered have enabled the participant to learn the essential functions of the job and our participant meets employer productivity expectations while retaining the job for a minimum of 90 calendar days. A unit of service is defined as completion and receipt of updated report by the VRC. Drop-out and no-show rates do not apply to this service.
.
Staffing: Job placement staff must have:
▪ a high school diploma or equivalent;
▪ a minimum of two years of experience in providing employment services to persons who have disabling conditions; and,
▪ supervision by an individual holding at least a Bachelor’s level degree in an appropriate human services/human resources field, and one year of experience in the provision of job placement services, OR at least four years’ experience in provision of placement services. Staff must also take part in ongoing training and staff development activities associated with provisions of placement of individuals with disabilities in employment. The direct service staff are required to annually obtain at least 6 hours of continuing education in employment services for individuals with disabilities (e.g. supported employment). This can be completed by taking elective coursework offered by the ACCES-VR supported employment training contractor or other sources (e.g. statewide associations such as NYSRA or NYAPRS). Evidence of training must be submitted annually to the ACCES-VR Regional Coordinator for the respective District Office region in which the provider primarily provides services.
Payment Rate and Authorization:
921X: Payment for this service is a flat fee per intake at the rate of:
▪ Regions 1, 2 & 3 - $175.00
929X/935X: Payment for this service is a flat fee. Payment will be made upon receipt of the job development plan and voucher at a rate of:
▪ Regions 1, 2 & 3 - $775.00
▪ Deaf Service Rate Regions 1, 2 & 3 - $1,900.00
931X/936X: Payment for this service is a flat fee at a rate of:
▪ Regions 1, 2 & 3 - $1025.00
▪ Deaf Service Rate for Regions 1, 2 & 3 - $1,900.00
932X/937X: Payment is a flat fee at the rate of:
▪ Regions 1, 2 & 3 - $1,025.00
▪ Deaf Service Rate for Regions 1, 2 & 3- $1,900.00
Established Performance Indicators:
▪ Amount of time from authorization start date to receipt of initial report (921X)/(929X) – standard 30 calendar days;
▪ 60% of participants receiving placement services (929X) will be successfully closed (Status 26);
▪ 90% of reports will be rated superior/satisfactory.
QUALITY OUTCOME ENHANCEMENT
QUALITY WAGE INCENTIVE FOR PROVIDER - (Case Service Code 933X) - This service provides an incentive to the community-based provider based upon the hourly rate of pay worked by the participant for the last four weeks prior to case closure. The vendor can claim this payment if the participant is earning at or above the hourly wage listed below for the final four weeks prior to the completion of the 90-day period.
Region 1 – Earnings of $15.00 per hour Regions 2 & 3 – Earnings of $12.00per hour
Deliverable: Original or duplicate pay stubs or employer certification of hours and wages for the final four-week period.
Payment Rate:
• Regions 1, 2 & 3: $5.00
The earnings level (hourly wage required to achieve this quality wage incentive) will be adjusted upward based on an increase in minimum wage occurring during the contract period. The adjustment to the required wage level will equal the amount of the increase in minimum wage.
Supported Employment Services – (See Attachment 1-E)
Definition:
Supported Employment is paid competitive integrated employment with ongoing support for individuals with the most significant disabilities (i.e., serious mental illness, intellectual and developmental disabilities, significant learning disabilities, acquired brain injury, deafness and blindness, extreme mobility impairments, and other most significant disabilities) for whom competitive employment has not traditionally occurred, and who, as a result of a significant disability, need on-going support services, which may include customized employment (see Employment Customization, CSC 510X) in order to obtain, perform, and retain their job. Supported Employment provides assistance such as job coaching and job placement, assistance in interacting with employers, on-site assistive technology training, specialized job training, and individually tailored supervision.
Supported Employment is a way to move people from dependence on a service delivery system to independence via competitive, integrated employment. Supported Employment enables eligible individuals to enter into competitive integrated employment where they would otherwise, due to the impact of their disabling conditions, be unable to do so. It is understood that the provision of on-going support services for people with the most significant disabilities increases their rates for employment retention. Supported Employment enables people to work within their communities and results in working, social interaction, and integration with non-disabled peers.
In order to be eligible to apply for Supported Employment Services, an applicant must:
• have in place a current Supported Employment extended services funding agreement or equivalent (i.e., NYC OMH Personalized Recovery Oriented Services (PROS) or HCBS waiver) with one or more of the following agencies: New York State Office for People With Developmental Disabilities (OPWDD) or the Office of Mental Health (OMH) for individuals who are eligible for those services. Note: OMH funds extended services through the county and local providers.
AND
• One (1) year of experience providing Supported Employment services to individuals with significant disabilities.
ACCES-VR also provides limited funds for supported employment extended services reserved for individuals who are not eligible for services from OMH or OPWDD based on disability (e.g. acquired brain injury, significant learning disability, significant physical impairment). All providers who previously had a CRS contract and want to continue to receive ACCES-VR supported employment extended services funding must respond to this RFP and explicitly request a level of funding appropriate to their proposal and clientele.
Due to the complex nature of these services and the organizational need to respond to service issues in a timely manner, we will not be able to contract this service with individual placement providers. Additionally, ACCES-VR has expectations that providers of supported employment services will routinely take advantage of the continuing education opportunities made available through ACCES-VR funded Supported Employment Training in compliance with the requirements outlined below under Staffing section.
SUPPORTED EMPLOYMENT INTAKE – (Case Service Code 571X) – This service is designed to permit the individual referred for services and the service provider to determine if there is an adequate match in the following areas: the vocational goal, the job search methodologies, the choice of supported employment as a placement approach and mutual expectations. It may be utilized as an assessment or placement service, including evaluation of appropriateness for this service option or as a pre-screening relative to placement potential in a particular occupation. This CRS service cannot be authorized if the placement vendor or the placement component of the vendor has:
• served the participant within the last 12 months; or,
• the participant has received any training or placement services from the vendor.
(Additional information can be located in the Job Placement Services section of this document)
Payment Rate:
Payment for this service is a flat fee per intake at the rate of:
• Regions 1, 2 & 3 - $175.00
Supported Employment Pre-Employment Assessment/Job Development Service – (Case Service Code 572X) – These services are designed to equip the participant with the necessary skills to participate, to the greatest degree possible, with the job search process. The pre-employment assessment must include at least one situational assessment. The job development service may include, but not be limited to, the following activities: workplace behavior skills training, job application training, job seeking skills training, situational assessment, interviewing skills training, and/or job retention skills training. This service also includes simultaneously providing the ACCES-VR counselor with an up-to-date Individualized Intensive Service Plan for the participant and performing individual job development activities such as following up on job leads through both direct and indirect contact with employers. These activities conducted by the service provider would be for a minimum of five hours monthly. This must include direct engagement with the participant as well as job development with potential employers.
Payment Rate:
• Region 1: $2,250.00
• Regions 2 & 3: $1,750.00
Supported Employment Job Placement Day 5 – Case Service Code 573X – This is an outcome-based service that is paid when an ACCES-VR participant begins working on a job that meets his or her vocational goal and stays on the job for 5 calendar days (having worked a minimum of three days).
Payment Rate:
• Region 1: $1,525.00
• Regions 2 & 3: $1,350.00
Supported Employment Job Placement Day 45 – Case Service Code 574X – This is an outcome-based service that is paid when an ACCES-VR participant begins working on a job that meets his or her vocational goal and stays on the job for 45 calendar days.
Payment Rate:
• Region 1: $1,525.00
• Regions 2 & 3: $1,375.00
Supported Employment Job Retention Services – (Case Service Code 575X) – This service provides a resource to both the participant and the employer during the initial 90 days of employment; ACCES-VR expects on-going contact with the participant and, where it is not contraindicated, the employer, to ensure a successful transition to his or her new position.
Payment Rate:
• Region 1: $2,525.00
• Regions 2 & 3: $2,350.00
Deliverables and Payment Process:
▪ For Supported Employment Intake (571X) – This is a flat fee service. Payment will be made upon receipt of a report from the provider, within 20 calendar days of the authorization start date, indicating whether placement services are recommended to continue. A unit of service is defined as one intake. The drop-out and no-show rates do not apply to this service.
▪ For Supported Employment 572X – Supported Employment Job Development Service - This is a flat fee service. This service is paid upon receipt of a detailed, Individualized Intensive Service Plan. Evidence of job development activities such as workplace behavior skills training, job application training, job seeking skills training, situational assessment, interviewing skills training, and/or job retention skills training must be included in the report. Drop-out and no-show rates do not apply to this service.
▪ For Supported Employment 573X – Supported Employment Day 5 Job Placement - This service is paid upon receipt of a completed written report including a breakdown of the participant’s primary job duties. This report will confirm the completion of the first five calendar days of employment as defined by the participant’s employer (provided that the participant has worked at least three days). A unit of service is defined as completion and receipt of written report by the VRC. Drop-out and no-show rates do not apply to this service.
▪ NOTE: Employment Customization (510X) may be billed with Supported Employment Job Placement Day 5 Case Service Code 573X when the written report documents and verifies that the provider worked with the employer to develop a unique, highly individualized set of job responsibilities specifically tailored to the skills and strengths of the individual. Potential contractors for Supported Employment who want to be able to offer Employment Customization as part of their Supported Employment service must also complete Attachment 1-D (Job Placement Services) and note available capacity in Attachment 2.
▪ For Supported Employment 574X – Supported Employment Day 45 Job Retention Services - Upon receipt of an updated report containing required data for case closure, this outcome-based payment is paid to the provider after services rendered have enabled the participant to learn the essential functions of the job and participant meets employer productivity expectations while retaining the job for a minimum of 45 calendar days. A unit of service is defined as completion and receipt of updated report by the VRC. Drop-out and no-show rates do not apply to this service.
▪ For Supported Employment 575X – Job Retention Services – Upon receipt of an updated report containing required data for case closure, this outcome-based payment is paid to the provider after services rendered have enabled the participant to learn the essential functions of the job and our participant meets employer productivity expectations while retaining the job for a minimum of 90 calendar days. The provider must not bill until the participant meets ACCES-VR criteria for successful employment outcomes. A unit of service is defined as completion and receipt of updated report by the VRC. Drop-out and no-show rates do not apply to this service.
▪ For Supported Employment Quality Bonus – Hours Per Week – Upon receipt of an updated Supported Employment report (see above) containing required data detailing the numbers of hours worked by the participant for the previous four weeks, this outcome-based payment is paid to the provider after services rendered have enabled the participant to average 22 hours per week or more. A unit of service is defined as completion and receipt of updated report by the VRC. Drop-out and no-show rates do not apply to this service.
▪ Re-intervention – In the event that the participant loses his or her job at any point before 90 calendar days have been reached the counselor may choose to continue services with the same provider of supported employment services. ACCES-VR may re-authorize one (1) unit of CSC 572X Pre-Employment Assessment/Job Development Services. ACCES-VR will not re-authorize 573X or 574X payments.
Staffing: Supported Employment staff must have:
▪ a high school diploma or equivalent;
▪ a varied and successful work history in competitive employment settings;
▪ knowledge of employer expectations of performance and employee behaviors;
▪ knowledge of the local job market;
▪ supervision by an individual holding at least a Bachelor’s level degree in an appropriate human services/human resources field, and one year of experience in the provision of job placement services, OR at least four years’ experience in provision of placement services. Staff must also take part in ongoing training and staff development activities associated with provisions of placement of individuals with disabilities in employment.
▪ must complete required courses of study based on their specific job role and function to demonstrate and maintain proficiency. These courses of study are offered at no registration charge through the sponsorship of ACCES-VR and requirements are highlighted in the table below.
|Type of Personnel |Tier of Training |Timeframe for completion |Required Training Hours |
|New hire job coaches / placement |Tier 1 – Supported Employment |Within 24 months of hire |24 contact hours (four, one-day |
|specialists |Service Delivery | |courses) |
|Existing Job coaches / placement |Tier 2 – Advanced Supported |Within 24 months of completing|24 contact hours (four, one-day |
|specialists with two years’ |Employment Practice |two years of experience or |course) |
|experience or tier one certification| |tier one certification | |
|Supported employment managers and |Tier 3 – Supported Employment |Within 24 months of contract |24 contact hours (four, one-day |
|supervisors |Administration |execution or hire |courses) |
In addition, individuals completing their required courses of study are required to annually obtain at least 6 hours of continuing education in supported employment by taking elective coursework offered by the ACCES-VR supported employment training contractor or other supported employment training source (e.g. APSE).
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of 572X report – standard 30 calendar days;
▪ 55% of participants receiving SE job development services (572X) will be successfully closed (Status 26) and,
▪ 90% of reports will be rated superior/satisfactory.
QUALITIY OUTCOME PAYMENTS
SE Job Retention - Hours Per Week – (Case Service Code 576X) - This service provides an incentive to the community-based provider based upon the average number of hours worked by the participant for the last four weeks prior to case closure. The vendor can claim this payment if the participant is working, on average for the final four weeks prior to the completion of the 90 day period, 22 hours per week.
Payment Rate:
• Region 1, 2 & 3: $600.00
EXTENDED SUPPORTED EMPLOYMENT – (Case Service Code 578X) - are ongoing support services and other appropriate services needed to maintain an individual with a most significant disability in supported employment. Extended services are furnished by the provider to assist the individual in maintaining supported employment once the intensive training has satisfactorily lead to stabilization of the individual on the job. Extended services are funded through agencies such as the Office of People With Developmental Disabilities (OPWDD); Office of Mental Health (OMH); and ACCES-VR State Funds.
Extended services provide continuation of ongoing support and other appropriate services, as needed and must include twice monthly contact at the work site or off-site contact, as appropriate. Off-site monitoring must include a minimum of two meetings with the participant; and one employer contact per month unless the participant requests otherwise. With intermittent funding of extended services, the extended services provider must document how natural supports will replace the provider’s contacts.
Examples of extended services are:
• Periodic observation of work performance in relation to training standards and employer goals to determine the needs for continuing or different intervention;
• Assurance to the supported employee that help is available if a problem arises;
• Responses to changes in the employment situation or in the participant's community living arrangements as they may interfere with continued successful employment; and,
• Placement in another employment situation if minimal intervention is required.
EXTENDED SUPPORTED EMPLOYMENT FOR YOUTH – (Case Service Code 582X) - is provided using federal and state funds for up to 48 months for individuals or up until age 25. Individuals who use 48 months or turn 25, would transition into other funding streams for extended services, if needed.
In addition to having an established funding source for extended services, the applicant must meet one of the following to provide Extended Services:
1. One (1) year of documented experience providing Supported Employment services to individuals with significant disabilities and must make provision with another agency to provide extended services (as described in their contract).
Payment Rate:
Payment for this service is a flat fee per Full Time Equivalent (FTE) at the rate of:
• Regions 1, 2 & 3 - $2,640.00 for Adults in Extended services (Age 25 and over).
• Regions 1, 2 & 3 - $2,640.00 for Youth (under age 25)
• An FTE is equal to 12 monthly units of $220 per person for a minimum intervention of two monthly face-to-face contacts.
OPWDD 2003 Transfer Extended FTEs will expire under the current CRS contract and will not be available under the new CRS contracts. Any remaining FTEs can be converted to regular Adult Extended FTEs. Please make your request for conversion in Attachment 2.
Assistive Technology/Rehabilitation Technology Services – (See Attachment 1-F)
NOTE: This service does NOT include evaluations related to vehicle use and modifications.
ASSISTIVE TECHNOLOGY/REHABILITATION TECHNOLOGY EVALUATION – (Case Service Code 165X)
Definition:
This is an evaluation to determine the need for assistive/rehabilitation technology services to mitigate the impact of the individual’s functional limitations, to enhance the capacity to participate in Vocational Rehabilitation services, and achieve the Individualized Plan for Employment (IPE) employment outcome. The standard authorization for this service is up to 20 hours. Additional hours may be provided based on individual participant need with pre-approval by the ACCES-VR Counselor.
Services:
This service includes all evaluations that are used to determine the practicality and effectiveness of using rehabilitation technology, as well as the identification of any indicated assistive devices and related services. It encompasses recommendations for types of rehab technology, specifications, advantages of potential options, and the cost/benefits of those options. Assistive/rehabilitation technology evaluations clearly describe how the device or service will address functional limitations in terms of participation in training and/or employment outcomes.
Deliverables and Payment Process: Upon completion of the service, the provider will prepare and submit the report to the ACCES-VR counselor within 10 business days, or in case of drop-outs, after the last contact with the individual. The provider will be paid based on completion of an Assistive/Rehabilitation Technology Evaluation Report approved by the VRC. The provider must offer the VRC the option of attending a conference at the conclusion of the service. This service is reimbursed based on completion and submission of the assessment report. A unit of service is defined as one hour and a standard authorization may be up to 20 hours and receipt at the appropriate ACCES-VR District Office of the Assistive/Rehabilitation Technology Evaluation Report. In the case of drop-outs, billing will be prorated at the hourly rate with submission of appropriate documentation and information regarding last contact with participant to VRC.
For participants for whom a more limited evaluation is needed, a proportional number of hours will be agreed upon with the referring ACCES-VR counselor, and the provider will report on the focus area of the evaluation. For participants who do not complete the service, the provider will report on what information they were able to obtain during the period of participant participation.
Staffing: The qualifications of persons or organizations conducting evaluations or providing assistive technology for ACCES-VR will be approved on the basis of education, experience, ability to work successfully with individuals with disabilities, and the ability to provide comprehensive reports of findings and recommendations which will be the basis for the development of a plan for assistive/rehabilitation technology services. Such individuals must:
▪ have a minimum of a high school diploma or equivalent and two years of experience delivering rehabilitation and/or assistive technology services; and,
▪ maintain adequate liability insurance.
Payment Rate and Authorization (165X): Payment for this service is per hour with a standard authorization of up to 20 hours at a rate of:
▪ Region 1, 2 & 3 - $86.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 42 calendar days;
▪ 90% of reports will be rated superior/satisfactory.
ASSISTIVE TECHNOLOGY/REHABILITATION TECHNOLOGY TRAINING – (Case Service Code 167X)
Definition:
This is a process of providing instruction to an individual on how to use the assistive technology/rehabilitation technology device(s) or service(s). The intended outcome is that the individual, upon completion of the training, will be able to effectively utilize the device(s) or service(s) to achieve their employment goal.
Services:
Deliverables and Payment Process: Training must be completed with the appropriate assistive technology/rehabilitation technology device(s) or service(s) matched to the individual’s needs. The training should develop full user competency with the respective device(s) or service(s). The training is based on the assistive technology/rehabilitation technology evaluation report provided by a qualified service provider. Standard authorization for this service is up to 20 hours. Additional hours may be provided based on individual participant need with pre-approval by the ACCES-VR Counselor. Upon completion of this service, the provider will prepare and submit the training report to the ACCES-VR Counselor within 10 business days. A unit of service is defined as one hour and a standard authorization may be up to 20 hours. In the case of drop-outs, billing should be prorated at the hourly rate with submission of appropriate documentation and information regarding last contact with participant to the VRC.
Staffing: The qualifications of persons or organizations conducting training or providing rehabilitation technology for ACCES-VR will be approved on the basis of education, experience, the ability to work successfully with individuals with disabilities, and the ability to provide comprehensive reports of findings and recommendations, upon which to develop a plan for rehabilitation technology services. Such individuals must:
▪ have a minimum of a high school diploma or equivalent and two years of experience delivering rehabilitation and/or assistive technology services;
▪ maintain adequate liability insurance.
Payment Rate and Authorization: Payment is per hour with a standard authorization of up to 20 hours at:
▪ Region 1, 2 & 3 - $86.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 42 calendar days;
▪ 90% of reports received will be rated superior/satisfactory.
Driver Rehabilitation Services – (See Attachment 1-G)
NOTE: These services are for the provision of driver training that specifically focuses on disability-related barriers to driving. Only individuals requiring vehicle modifications, specialized driver training and/or adaptive equipment because of his/her disability should be referred for this type of driver training.
Definition:
Driver rehabilitation services include all activities that are necessary for the identification of specific vehicle modification required to enable an individual to safely operate a vehicle, and the evaluation and training necessary for the individual to competently operate his/her modified vehicle. It may include direct hands-on delivery of clinical pre-driving evaluation and/or in-vehicle evaluations and training with participants. These services may also include information for an individual to safely be transported as a passenger in a vehicle modified for that purpose. Driver evaluation and training services may be provided to eligible individuals with disability related transportation barriers to achieving their employment outcome.
Services: Driver Rehabilitation services include:
Adaptive Driver Evaluation – is an interdisciplinary assessment of an individual’s abilities and/or potential to become a safe independent driver and/or identify vehicle modification requirements. The driver evaluation is the preparatory phase for all other services within the field of driver rehabilitation and is essential for assessing if an individual has potential to drive a vehicle safely, evaluate their training needs and/or determine if there is a need for vehicle modifications, adaptive equipment or automotive equipment;
Driver Training – may include classroom and on the road driving. It is a process to instruct an individual on how to safely drive a vehicle so the individual is able to obtain or retain a driver's license. The driver’s equipment needs will determine the type of modified vehicle to be used for training.
Vehicle Adaptive Equipment Recommendation – identifies adaptive aids/devices and modifications as well as the vehicle types that can accommodate those modifications;
Consultation – provide updated evaluations and information on appropriate adaptive aids/devices and modifications.
VENDOR TRAVEL FOR DRIVER/VEHICLE EVALUATION OR TRAINING IMPLEMENTATION – (Case Service Code 142X) – This is a service authorized only when it is necessary for a vendor to travel over 35 miles each way to accomplish the authorized driver evaluation or training services to a specific participant.
Deliverables and Payment process: Through discussion with the referring ACCES-VR counselor, it must be established that travel is necessary. Documentation of the actual mileage and estimated travel time obtained from MapQuest, Google Maps or other valid source must be provided. This service will be authorized in tandem with each hour of Driver Rehabilitation services. If travel is less than 35 miles each way, the vendor will not be eligible for Travel. A unit of service is 1 hour to correspond to each hour of actual evaluation or training authorized to the participant, up to a maximum of 10 hours.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of a maximum of up to 10 hours at the rate of:
▪ Region 1 - $55.00
▪ Region 2 - $49.00
▪ Region 3 - $52.00
Report Content:
The adaptive driver evaluation is used to asses an individual’s potential to drive safely. The driver evaluation report must include:
▪ Medical Status History – diagnosis, past medical history, medications, loss of consciousness, functional deficits;
▪ Vision and Hearing – distance acuity, visual field, night vision, color discrimination, scanning, conversational speech, hearing aids;
▪ Cognition and Learning – attention/concentration, auditory memory, visual memory, sequencing, behavior, judgment, multiple task processing;
▪ Strength and Range of Motion and wheelchair seating as they pertain to the functional skills necessary to safely operate a motor vehicle;
▪ Licensure Status – expiration date, license class, restrictions and driving history;
▪ Knowledge and Driving Performance – traffic sign and road marking, general traffic rules, pre-driving, traffic environments (controlled, residential, multi-lane, urban, expressway);
▪ Summary of clinical and driving evaluation, adaptive driving aids used (if applicable), findings/recommendation from the Vehicle Consultant.
The adaptive driver evaluation is also used to determine if adaptive equipment or vehicle modifications are necessary, and what appropriate vehicle and factory equipment the individual should include when shopping for a vehicle. The adaptive driver evaluation report should identify:
▪ Type of vehicle(s) that will accommodate the adaptive equipment or modification being recommended.
▪ If the individual cannot drive a vehicle, the report should include information on what the needs are for the person to be safely transported in a private motor vehicle.
The adaptive driver evaluation must be conducted by the appropriate driver rehabilitation specialist operating within the scope of their professional license and/or certification.
ADAPTIVE DRIVER EVALUATION – LOW TECH – CAR OR VAN - (Case Service Code 133X)
The Adaptive Driver Evaluation is considered low tech when the participant requires the following adaptive equipment to safely operate a motor vehicle. Other, similar items may be included in this category:
▪ raised tops and/or doors;
▪ mechanical hand controls and steering devices;
▪ six-way power transfer seats;
▪ car top carriers; and,
▪ Wheelchair lifters/loader.
ADAPTIVE DRIVER EVALUATION – HIGH TECH – CAR OR VAN - (Case Service Code 134X)
The Adaptive Driver Evaluation is considered high tech when the participant requires the following (but not limited to) high level driving systems to safely operate a motor vehicle:
▪ remote steering packages;
▪ lowered floor conversions;
▪ foot steering;
▪ low-effort conversions;
▪ horizontal steering; and,
▪ Braking and throttle servo controls.
Deliverables and Payment Process:
Upon completion of the service, the provider will prepare and submit an Adaptive Driver Evaluation report to the ACCES-VR counselor within 10 business days. See above (Report Content) for requirements. The provider must offer the VRC the option of attending a conference at conclusion of the service. This service is reimbursed based on completion and submission of the Adaptive Driver Evaluation report.
For participants who require a limited evaluation, a proportional number of hours will be agreed upon with the referring ACCES-VR counselor, and the provider will report on the focus area of the evaluation. For participants who do not complete the service, the provider will report on what information they were able to obtain during the period of the individual’s participation.
Payment Rate and Authorization: A unit of service is defined as 1 hour. Standard authorization for low tech and high tech Adaptive Driver Evaluation services is up to a maximum of 10 hours, with additional hours available upon approval of the referring VRC. In the case of drop-outs, the report should be submitted after the last contact with the individual. Billing will be prorated at the hourly rate after submission of appropriate documentation and information to the VRC regarding last contact with the individual.
Low Tech Evaluation (133X):
▪ Region 1 - $208.00 per hour
▪ Region 2 - $188.00 per hour
▪ Region 3 - $198.00 per hour
High Tech Evaluation (134X):
▪ Region 1 - $388.00 per hour
▪ Region 2 - $363.00 per hour
▪ Region 3 - $376.00 per hour
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 42 calendar days;
▪ 90% of reports will be rated superior/satisfactory.
ADAPTIVE DRIVER TRAINING - This service requires providing driving instruction to a participant on how to operate a vehicle safely, including the utilization of adaptive equipment and addressing disability related limitations. The intended outcome is that upon completion of the training, the individual will be able to obtain or retain a driver's license necessary to achieve the employment goal.
Adaptive Driver Training – Low Tech – Car or Van - (Case Service Code 880X)
Adaptive Driver Training – High Tech – Car or Van - (Case Service Code 881X)
Deliverables and Payment Process: Training must be provided on a vehicle with appropriate equipment matched to the driver's needs. The training must develop "behind the wheel" competency in a full range of roadway environments to prepare the individual for obtaining or retaining a driver's license. The training is based on the Adaptive Driver Evaluation report of a Driver Rehabilitation Specialist. A unit of service is defined as 1 hour. Standard initial authorization is for up to 20 hours. An additional 20 hours may be authorized in 10-hour increments with justification and VRC approval. The VRC must be notified in writing as to the outcome of training. In the case of drop-outs, billing will be prorated at the hourly rate with submission of appropriate documentation and information regarding last contact with the participant.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of up to 20 hours at the rate of:
Low Tech (880X):
▪ Region 1 - $99.00 per hour
▪ Region 2 - $88.00 per hour
▪ Region 3 - $95.00 per hour
High Tech (881X):
▪ Region 1 - $304.00 per hour
▪ Region 2 - $287.00 per hour
▪ Region 3 - $296.00 per hour
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 42 calendar days; and,
▪ 90% of reports will be rated superior/satisfactory.
Driver Training Programs- The applicant must maintain current licensing or certification if required to have NYS DMV license for a driver training school and/or have NYSED approval for a driver education program. If licensing or NYSED approval is not required, documentation should be provided to support this.
Staffing: Driver Rehabilitation Specialists work with individuals of all ages and abilities, exploring alternative transportation solutions for drivers with special needs.
Certified Driver Rehabilitation Specialists (CDRS) are certified by the Association for Driver Rehabilitation Specialists, as trained experts who work with people of all ages and abilities and explore alternative transportation solutions for drivers with special needs.
Driver Rehabilitation Specialists (DRS) must have a Bachelor’s Degree or higher in a health related field which may include Occupational Therapy, Physical Therapy, Kinesiotherapy, Speech Therapy, Therapeutic Recreational Therapy, or Special Education, operate under a professional license, and have a minimum of three years qualifying experience as a licensed professional that may include: Licensed Occupational Therapist; Licensed Physical Therapist; Licensed Psychologist; or NYS Certified Driver Education Teacher or NYS DMV approved Driver Education Teacher.
In lieu of qualifying experience a DRS may:
Be supervised by a DRS who has been approved by ACCES-VR and meets the Association for Driver Rehabilitation Specialists requirements for Certified Driver Rehabilitation Specialist.
OR
A Driver Rehabilitation Specialist may be certified under the auspices of the Association of Driver Rehabilitation Specialists (ADED) and Driver Rehabilitation Specialists must be able to provide documentation of three years’ experience providing driver rehabilitation services to individuals with disabilities consistent with the population they wish to serve. DRSs must also meet performance requirements defined by ACCES-VR. Final approval rests with ACCES-VR in determining whether the person/program will provide some or all of the seven services identified in these Standards.
Adapted Equipment:
Driver Training programs must identify the type of adapted vehicle(s) they use for evaluation and training and provide the schedule for software and equipment updates.
Adjunct Services – (See Attachment 1-H)
Definition:
Adjunct services are those activities which supplement the delivery of other IPE services by providing those additional services/supports which the participant requires for successful IPE goal achievement. These services are always provided in support of other ACCES-VR activities required to achieve the IPE employment outcome.
Services:
Because the offerings in this category are each unique in their nature, they do not necessarily constitute a “series” through Level I, II, and III. Some services are found at only one Level appropriate to the professional expertise and commensurate reimbursement for that activity. Therefore each modality included under the Adjunct services is defined separately below and will be authorized by the ACCES-VR Counselor.
COACHING SUPPORTS – Not Job Placement Related
NOTE: This service is not intended to replace those currently provided by Support Aides who assist participants needing medically-related or attendant care interventions (personal assistance services), or tutoring services for college training.
COACHING SUPPORTS (FOR POSTSECONDARY EDUCATION, INTERNSHIP, OR OTHER ACTIVITIES IN PURSUIT OF EMPLOYMENT GOALS) (Case Service Code 790X)) – This service includes interventions that can be used in any status in vocational rehabilitation services once a person has applied for ACCES-VR, other than those associated with job placement. It is designed to enable participants not eligible/appropriate for Supported Employment services to receive one-to-one, participant specific assistance of a limited duration, necessary for the participant’s successful participation in the VR process.
For example, Communication Support can include:
▪ provide the individual coaching necessary to allow the participant to successfully participate in a college or post-secondary training program;
▪ support a work experience for students prior to school exit as when a student with a disability participates in a Project Search job assignment rotation;
▪ obtain or to maintain an internship through placement assistance and/or short-term coaching; and,
▪ to provide other interventions determined appropriate in support of IPE goals.
Deliverables and Payment Process: This service is funded on an hourly basis, with the VRC determining number of hours appropriate for the desired intervention. ACCES-VR will pay for vouchered services rendered upon receipt of a monthly report outlining the services delivered, participant progress to date, and recommended next steps in reaching the outcome identified by the referring VRC. A unit of service is defined as the maximum number of hours authorized by the VRC. In the case of drop-outs, billing should be prorated at the hourly rate and with submission of appropriate documentation and information regarding last contact with participant to VRC.
Staffing: Coaching Support service providers must have:
▪ a high school diploma or equivalent; and,
▪ a minimum of two years of experience in providing employment-related services to persons who have disabling conditions.
Payment Rate and Authorization: Payment for this service is per hour with VRC determining the number of hours appropriate for the desired outcome at a rate of:
▪ Regions 1, 2 & 3 - $60.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of initial report - standard 40 calendar days; and,
▪ 90% of reports will be rated superior/satisfactory.
COACHING AND COMMUNICATION SUPPORTS FOR POST-SECONDARY EDUCATION AND EMPLOYMENT (Case Service Code 792X) - Coaching and Communication Supports is an adjunct service for individuals whose functional impact of disability requires assistance with communication, including, but not limited to individuals on the Autism Spectrum. This service includes weekly, and as needed individualized supports in the form of a Communication Support Specialist for participants in postsecondary education or engaged in competitive employment. Coaching and Communication Supports may also assist students for whom post-secondary education has been interrupted, intermittent or previously non-existent as a result of limitations imposed by their disability. The goal is for independent communication skills to be actively learned from the Communication Support Specialist so that competence can be achieved for gaining and sustaining meaningful employment outcomes. The Communication Support Specialist will support individuals with:
● Global Supports:
o Social Communication - Development of spontaneous, functional communication, emotional expression and establish safe and meaningful relationships with peers and mentors; Inform person of rights and empower self-advocacy; Techniques to compensate for inflexible thinking, slower working memory, and impulse control.
o Emotional Regulation - Development of the ability to maintain a well-regulated emotional state to cope with school and job stress, and to be most available for learning and interacting in class or the workplace.
o Communication Advocacy - Ongoing communication with ACCES-VR counselor regarding progress toward IPE goals: assessing and articulating to directly liaise on behalf of the individual’s communication needs; Outlining the reasonable accommodations required for a communications disorder; Disclosing a disability at work and school.
● Communication Support at Post-Secondary Site:
o Support person-centered coping strategies, problem solving skills, stress management, and individual social awareness and recognition for steps toward action.
o Coordinating pre-semester campus orientations, registration, residential setting facilitation, etc.
o Understanding hidden curriculum and agendas, instructor temperaments, department hierarchies and organizational structure.
● Communication Support at Employment Site:
o Support person-centered coping strategies, problem solving skills, stress management, and individual social awareness and recognition for steps toward action.
o Coordinating pre-job site orientation, a review of human resources and associated forms, lunch and break time options, etc.
o Understanding implicit versus explicit rules of the workplace; Support perspective-taking when speaking with colleagues and customers, use of small-talk and conventional gestures, taking turns in a conversation, and monitoring language during times of stress.
Deliverables and Payment Process: This service is funded on an hourly basis, with the VRC determining the number of hours appropriate for the desired intervention. ACCES-VR will pay for vouchered services rendered upon receipt of a weekly timesheet and weekly progress/activity report outlining the services delivered, participant progress to date, and recommended next steps in reaching the outcome identified by the referring VRC. A unit of service is defined as the maximum number of hours authorized by the VRC. In the case of drop-outs, billing should be prorated at the hourly rate with submission of appropriate documentation and information regarding last contact with participant to the assigned VRC.
Staffing: Communication and Coaching Support staff must have:
▪ Master’s Degree in School Psychology, Speech and Language Pathology, Special Education, behavioral analysis or other related discipline, and training in Social Pragmatic Language Disorders.
OR
▪ Bachelor of Arts/Sciences Degree or higher with a minimum of 2 year’s work experience providing direct services to individuals on the Autism Spectrum or other disabilities that affect an individual’s ability to communicate and exercise executive function.
Payment Rate and Authorization: Payment for this service is per hour with VRC determining number of hours appropriate for the desired outcome, not to exceed at a rate of:
▪ Statewide - $80.00
Established Performance Indicators:
• Amount of time from authorization start date to receipt of report – standard 45 calendar days; and,
• 90% of reports will be rated superior/satisfactory.
MOBILITY TRAINING
NOTE: This service is not intended to address the specialized needs of individuals who are legally blind (who would receive this service via New York State Commission for the Blind (NYCB) enrollment), although the target group may include ACCES-VR participants with low vision disabilities.
Definition:
This service is instruction in skills which will assist the participant to travel safely and successfully negotiate environments in educational/training activities, and/or to obtain and maintain employment.
Services:
Vendor provides one-to-one mobility services with referred ACCES-VR participants to enable them to travel independently with competence and confidence. This service is not available to participants receiving Coaching Supports (959X) or Supported Employment services.
MOBILITY SERVICES - (Case Service Code Plus Suffix “M”) - Working with participant and referral information from the VRC, the vendor identifies the locations and modes of transportation necessary for the participant to be able to access services or employment necessary to achieve IPE goals. Individualized instruction is provided so that the participant is able to independently reach the identified destinations.
Deliverables and Payment Process: The standard authorization for this service is up to 10 hours, with the potential, with ACCES-VR approval, for additional hours depending on level of participant need. At conclusion of services, vendor submits a “Travel Competency” which verifies that the participant has achieved independent travel between identified target areas. A unit of service is defined as up to 10 hours. In the case of drop-outs, billing should be prorated at the hourly rate and with submission of appropriate documentation and information regarding last contact with participant to VRC.
Staffing: Providers of this service must have at least:
▪ a high school diploma or equivalent;
▪ a work history including service provision to individuals with disabilities; and
▪ supervision by an individual with at least a minimum of two years’ experience in providing mobility services to persons who have disabling conditions.
Payment Rate and Authorization: Payment for this service is per hour with a standard authorization of up to 10 hours at the rate of:
▪ Region 1, 2 & 3 - $25.00
Established Performance Indicators:
▪ amount of time from authorization start date to receipt of report – standard 30 days; and
▪ 90% of reports received will be rated superior/satisfactory
TRANSPORTATION
NOTE: This item does not include those services under the definitions contained within the Commissioners’ Regulations, Part 247.7 b., relative to “special” transportation for non-ambulatory individuals. Neither does it apply to those individuals receiving transportation from licensed limousine, car service or taxi vendors who are duly licensed by local government agencies.
Definition:
Transportation services included in this section are those round-trip rides provided or coordinated by the vendor for ACCES-VR participants who are engaged in the ACCES-VR services of assessment, training or placement.
Services:
Transportation services are intended to bring the participant to and from the site of one of the identified ACCES-VR services, on a one round-trip maximum basis, usually to the participant’s residence. If two distinct core services are being delivered sequentially at different locations, participants may be transported to both services.
TRANSPORTATION 1 (Case Service Code Plus Suffix “V”) - In this service, agencies provide the participant with upfront payment for ACCES-VR-approved transportation costs, usually for metro/bus passes, to facilitate participant ability to participate in identified services.
Deliverables and Payment Process: For those participants meeting the requirements for transportation support, ACCES-VR authorizes a set amount to a facility for payment of participant transportation costs as agreed to in IPE. The provider bills ACCES-VR on a monthly basis for actual costs, as documented in facility records, usually authorized based on one round trip per day for the expected duration of participation in the identified service. Participant must sign for reimbursement. Documentation for audit purposes will be retained by agency. A unit of service is defined as up to the maximum set amount agreed to in the IPE. Drop-out and no-show rates do not apply to this service.
Payment Rate and Authorization: Payment for this service is the actual cost in Regions 1, 2 and 3.
TRANSPORTATION 2 (Case Service Code Plus Suffix “T”) - For those participants meeting the requirements for transportation support, the vendor provides round-trip rides to facilitate participant ability to participate in identified services.
Deliverables and Payment Process: For those participants meeting the requirements for transportation support, ACCES-VR authorizes a specific amount per round trip for payment of participant transportation as agreed to in IPE. The provider bills ACCES-VR on a monthly basis for actual number of trips, as documented in the monthly 370 Report, usually authorized based on one round trip per day for the expected duration of participation in the identified service. A unit of service is defined as one round trip. Drop-out and no-show rates are not applicable to this service.
Staffing: Transportation providers must hold appropriate licensure for type of vehicle utilized, and must pass any routine background checks within the vendor’s operations.
Payment Rate and Authorization: Payment for this service is a flat rate of $45.00 round trip for Regions 1, 2 and 3.
Established Performance Indicators:
▪ transportation was provided as authorized;
▪ all individuals and vehicle providing transportation to ACCES-VR participants will meet all DMV requirements;
▪ individuals transporting ACCES-VR participants will maintain a current defensive driving certificate; and,
▪ ACCES-VR participants are safely transported to and from their destination.
Section 2: Submission
Documents to be submitted with this proposal
This section details the submission document or documents that are expected to be transmitted by the respondent to the New York State Education Department (NYSED) in response to this RFP. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.
Project Submission:
One (1) copy of the following must be submitted electronically to CRS2@. The subject line of the email should read as follows: RFP #GC18-004 and the legal name of provider organization or individual. The following forms should be included as attachments:
• Application / Basic Information Form (Attachment 1);
• CRS Service Forms (Attachments 1-A through 1-H) for each service you are applying to provide;
• Resumes of staff who are qualified to provide CRS services;
• Curriculums or Syllabi, if requested for specific services in CRS Service Forms (Attachments 1A-1H);
• Capacity Summary (Attachment 2); and
• Additional submission documents (please see the Application Checklist for a complete list of all documents that should be submitted with the application)
Proposals received after the due date will not be accepted or considered for a contract award.
Capacity Summary – (See Attachment 2)
The number of Units for each service a bidder applies to provide must be entered on Attachment 2.
• Please carefully read the definition of a unit for each service you are applying to provide.
• For each service you have applied to provide, accurately project the number of units your agency is prepared to deliver for each level of service.
NYSED will deem the vendor to be “non-responsive” if required forms are not submitted. Only vendors that submit the Basic Information Form (Attachment 1) will be eligible for an award. Only vendors that submit the appropriate CRS Service Forms (Attachments 1-A through 1-H) and Capacity Summary (Attachment 2) will be eligible for an award for the service(s) applied for. Vendor submissions of any of the above forms will not be accepted after the due date of October 18, 2017.
All emailed documents must be received by the CRS2@ mailbox by October 18, 2017.
Proposals emailed beyond October 18, 2017 will not be accepted or considered for a contract award.
Section 3: Evaluation Criteria and Method of Award
This section includes the criteria NYSED will use to evaluate bids, how the contractor will be selected, and the method of award, how contract awards will be allocated. This will be followed by various terms and conditions that reflect the specific needs of this project as well as New York State contract guidelines and requirements.
All complete proposals received by the deadline will be reviewed. Applicants must ensure that all components of this application request have been addressed and all forms and assurances have been completed and included as required.
ACCES-VR will review proposals from each of the 15 district office catchment areas in accordance with the mandatory requirements for CRS and each of the CRS services. Bids for services that cross DO’s catchment areas or for a proposal that covers the entire state will be reviewed by the respective Regional Coordinator or Statewide Coordinator for Service Delivery to determine compliance with the requirements described in the RFP.
Note: Scoring for each service will be done on a pass/fail basis. It is essential that bidders carefully complete all required documents in order to be considered for unit award for those services. Bidders must meet all the mandatory requirements for a particular service in order to receive a passing designation. See each of the appropriate CRS Service Forms (Attachments 1-A through 1-H) for the respective requirements and be sure to include CRS staff resumes, syllabi, and/or curriculum where requested, and a complete Capacity Summary Attachment 2.
ACCES-VR retains the right to determine whether any deviation from the requirements of this RFP is substantial in nature and may reject in whole or in part any and all proposals, waive minor irregularities and conduct discussions with all responsible applicants.
Criteria for Evaluating Bids
Each bid application’s Attachment 1 - Application/Basic Information Form will be reviewed on a PASS/FAIL basis contingent upon bidder’s thorough completion of the form:
Applicant’s responses to questions regarding their organization and the services they propose to provide. Organizations with 0 – 5 employees will have the option of a non-applicable (N/A) response. An N/A response is not allowed for organizations with 6 or more employees and if checked where indicated will be considered a “no” response.
Each applicant must complete each section of the Basic Information Form (Attachment 1) and have a 100 percent YES response to the Human Resources and Record Keeping (unless qualified for a N/A response).
Each service area (Attachments 1-A through 1-H) will be evaluated separately based on the responses to the questions regarding delivery of the specific services the applicant proposes to provide. The applicant should provide the resumes of all qualified staff who will provide CRS services. Bid Applications with a FAIL score will be eliminated from further consideration.
A Basic Information Form must receive a PASS rating to be eligible to provide services. Successful bid applications will then be reviewed and a discrete PASS/FAIL score provided for each service proposed. A vendor can PASS on the Basic Information and receive a FAIL rating on a specific service. In addition, a vendor could PASS some services categories and FAIL others depending on ability to meet the established criteria in the RFP. Please note: Each case service has specific mandatory requirements. Failure to meet any of those specific mandatory requirements will disqualify the applicant for that case service.
EACH service or service category reviewed must receive a PASS score to be considered for a contract for that service. Proposals with a Fail score will be eliminated from further consideration.
Only Service or Service Categories receiving a PASS score for a Core Rehabilitation Services will be moved to the next step, and considered for allocation of a contract award. Approval for any category of service does not guarantee an award or a contract. Contract awards will only be made for service or service categories receiving a PASS score; services or service categories with a FAIL score will be eliminated from further consideration.
Method of Award
The method for allocation of contract awards is designed to allow ACCES-VR to optimize purchase of services from vendors who:
• Provide quality services that result in employment outcomes and
• meet the varying participant needs for 15 district offices across NYS.
ACCES-VR will utilize a formula to award contract allocations to vendors based on:
• Performance rating related to Supported Employment outcome ratios and satisfaction ratings for services delivered; higher rated vendors will get larger allocations;
• Past contract utilization while still allowing opportunities for new vendors;
• Expected contract growth based on new services being added to the contract; and
• Expected contract growth based on growing demands as new applicants and additional youth participants seek vocational rehabilitation services.
The amount of award is dependent on the availability of funds.
A one-year allocation will be determined for supported employment intensive, supported employment (SE) extended (youth and adult), and unified services (US). The one-year allocations will be added together, a projected cost of living adjustments will be applied and the five-year contract estimated total will be determined.
A) Existing Vendors – Performance-based allocations
The method of award will ensure that both existing vendors and new vendors have a base of funding that would enable them to provide necessary services to ACCES-VR participants. Before the award process begins, funds will be set aside for new vendors to ensure that all funds are not exhausted on current vendors who reapply to provide CRS services. Both new and existing vendors who demonstrate that they have the qualifications and capacity to provide CRS services and meet the mandatory requirements will have the opportunity to obtain a contract. Contract awards for existing and new vendors are estimates. ACCES-VR may increase or decrease estimated contract values based on participant need.
Supported Employment Intensive
Step 1: Calculate the SE Outcome Ratio (575X/572X).
Step 2: Rank each vendor in accordance with their SE Outcome Ratio (575X/572X) for the period 1/1/14 – 12/31/16:
A1. All providers with an SE Outcome Ratio of 55 percent or higher.
A2. All providers with an SE Outcome Ratio between 24 percent and 54 percent.
A3. All providers with an SE Outcome Ratio below 24 percent.
• Step 3: Calculate units used by Case Service Code (CSC) for the 2015 year. Calculate units used by CSC for the 2016 contract year. For each CSC, select the greatest number of units used between 2015 and 2016. This will determine the base number of units.
• Step 4: Calculate the SE Intensive base contract value by multiplying the base number of units in step 3 for each CSC by the associated CRS 2.0 rate for the region. Sum these numbers together. This is the base SE Intensive estimated contract value using CRS 2.0 rates.
• STEP 5: Award Dollars Per Ranking:
• All vendors designated as A1 will receive a 115 percent of their base SE Intensive contract value calculated in Step 4. Not to exceed the vendor’s stated capacity.
• All vendors designated as A2 will receive 110 percent of their base SE Intensive contract value calculated in Step 4. Not to exceed the vendor’s stated capacity.
• All vendors designated as A3 will receive a 105 percent of their base SE Intensive contract value calculated in Step 4. Not to exceed the vendor’s stated capacity.
NOTE: Existing CRS vendors with no utilization will be treated as new vendors. See new vendor section below. Vendors applying to provide any of the SE must establish that they have the necessary capacity, including qualified staff available to provide the prescribed level of service. The allocation dollar value will not exceed the vendor’s stated capacity.
The ACCES-VR District Office will work with vendors who receive a ranking of A3 and whose SE performance rubric rates were below 90 percent to develop and approve a Performance Improvement Plan to be implemented at the beginning of Year 1. Vendors will be evaluated annually throughout the life of the contract and will be required to develop a Performance Improvement Plan if they are ranked A3. ACCES-VR may reduce the number of referrals in Years 3-5 of the contract to vendors who are consistently ranked A3.
Supported Employment Extended
Current vendors are eligible to receive the same number of FTEs (Full-time Equivalents) billed and paid for in the most recent closed out year ending December 31, 2016. However, all vendors must only request the number of FTEs that they have the capacity to provide service. SE intensive providers who did not have SE extended funding under the 2014-2018 CRS contract, but had previous funding under ACCES-VR’s stand-alone supported employment contract, may request and receive the same number of FTEs billed and paid for in the most recent closed out year ending December 31, 2013.
Beginning July 1, 2018, OPWDD 2003 Transfer Extended Supported Employment FTEs will expire and may be converted to regular ACCES-VR Adult Extended SE FTEs upon request through this procurement.
Supported Employment Extended for Youth
Current vendors will receive SE Extended for Youth FTEs based on the number of their participants age 24 and under who completed Supported Employment Job Retention Services Milestone 575x by the end of calendar year 2016. An FTE is defined as two face-to-face visits per month.
Unified Services (US)
Step 1: All vendors will be designated as A1, A2 and A3 based on the Performance Rubric results for the period of 1/1/14-12/31/16 for all US provided under the current CRS contract:
• A1 – All providers with a US satisfaction rating of 96.00 percent or higher
• A2 – All providers with a US satisfaction rating between 90.00 and 95.99 percent
• A3 – All providers with a US satisfaction rating below 90.00 percent
Step 2: Calculate US units used by CSC for the 2015 year. Calculate US units used by CSC for the 2016 contract year. For each CSC, select the greatest number of units used between 2015 and 2016. This will determine the base number of units.
Step 3: Calculate base contract value by multiplying the base number of units in step 2 for each CSC by the associated CRS 2.0 rate for the region. Sum these numbers together. This is the base US contract value.
Step 4: For all Unified Services, calculate new US contract value:
• A1 vendors will be allocated 115 percent of their base US contract value (Step 3), not to exceed the vendor’s stated capacity.
• A2 vendors will be allocated 110 percent of their US contract value (Step 3), not to exceed the vendor’s stated capacity.
• A3 vendors will be allocated 105 percent of their base US contract value (Step 3), not to exceed the vendor’s stated capacity.
The ACCES-VR District Office will work with vendors who receive a ranking of A3 and approve a Performance Improvement Plan to be implemented at the beginning of Year 1. Vendors will be ranked annually throughout the life of the contract and will be required to develop a Performance Improvement Plan if they are ranked A3.
NOTE: ACCES-VR may reduce the number of referrals in years 3-5 of the contract to vendors who are consistently ranked A3 if the vendor does not demonstrate improvement as a result of their Performance Improvement Plan. If a vendor has three consecutive Performance Improvement Plans and fails to demonstrate a measurable improvement in performance, ACCES-VR may take steps to terminate the contract.
NOTE: Existing CRS vendors with no utilization will be treated as new vendors. See new vendor section below. Vendors applying to provide any of the US must establish that they have the necessary capacity, including qualified staff available to provide the prescribed level of service.
Mergers: In the event that existing providers have legally merged prior to the final award of the contract, ACCES-VR will apply the method of award as appropriate to each agency based on their performance under the current CRS contract and then sum the totals from each agency to determine the final award for CRS 2.0, not to exceed the overall capacity as stated in Attachment 2.
ACCES-VR recommends that applicants do not change their corporate status (mergers, change from DBA to LLC, etc.) during the application process. Should applicants require such changes they should notify ACCES-VR immediately at CRS2@ .
B) New vendors
A new vendor is defined as a vendor that:
• ACCES-VR does not have a contract with under CRS, or
• Was awarded a contract under CRS, but no participants received services under the CRS contract (zero utilization).
• Was awarded a contract for US only and now has applied to provide SE. For the US allocation, the vendor will be treated as an existing vendor and for SE, the vendor will receive an allocation as a new vendor.
• Was awarded a contract for SE only and now has applied to provide US. For the SE allocation, the vendor will be treated as an existing vendor and for US, the vendor will receive an allocation as a new vendor.
ACCES-VR has reserved $4 million dollars ($4,000,000) per contract year specifically for the purpose of allocating resources to new vendors. This reserved amount will be allocated in accordance with the method of award described below. ACCES-VR will reserve 60% for Unified Services and 40% for Supported Employment Intensive, after making awards for Supported Employment Extended and Youth Supported Employment Extended as described below.
Supported Employment Intensive
New vendors who pass as qualified to provide SE intensive services will receive an award amount determined by dividing the total available amount by the number of new vendors. No vendor will be awarded more than their stated capacity, not to exceed a maximum of $100,000 per year.
Supported Employment Extended and Youth Supported Employment Extended
New vendors applying to become an ACCES-VR Supported Employment Intensive provider should have established funding for Supported Employment extended through either the New York State Office for People With Developmental Disabilities (OPWDD), known as SEMP, or the Office of Mental Health (OMH) through their PROS or Medicaid Waiver programs. Submit evidence of OPWDD or OMH funding with the application.
In the instance where an alternative extended funding source does not exist, the vendor may request ACCES-VR FTEs (Adult and/or Youth) in Attachment 2. New vendors selected will receive up to 2 FTEs, based on stated capacity.
Unified Services
Contract values for new vendors will be distributed in equal amounts up to a maximum of $75,000 annually, but not more than the vendor’s stated capacity.
Notes:
• The RFP may be reissued for certain services in cases where need cannot be met.
• Cost of living adjustment to the rates may be provided during the contract term, no sooner than Year three (3), at ACCES-VR’s discretion and subject to availability of funds. Separately negotiated rate changes will not be allowed. Any cost of living adjustment will be based on the percentage increase in the Unadjusted Consumer Price Index for Urban Wage Earners & Clerical Workers (CPI-W) for New York-All Items) from January of the preceding year to January of the current year, rounded to the nearest one-tenth of one percent, up to a maximum of three percent (3%). Any adjustment will be applied to the rates on July 1 of the current year. For example, to compute a rate for July 1, 2020, we would compute the difference between the indices on January 2019 and January 2020.
Existing and New Vendors Year 2 - 5 Allocation – Same as Year 1.
• Vendors designated an A3 in years 2-5 must develop a Performance Improvement Plan (existing vendors designated A3 will develop Performance Improvement Plans beginning in Year 1). ACCES-VR will reduce the number of referrals to vendors who are consistently ranked A3 in years 2-5 of the contract. If a vendor has three consecutive Performance Improvement Plans and fails to demonstrate a measurable improvement in performance, ACCES-VR may terminate the contract.
Contract Development – 5-Year Contract
• Apply funding based on the above method of award to determine the estimated budget for Year 1.
• The Year 1 estimated budget will be carried forward as the Year 2 estimated budget. For Years 3-5, we will multiply the previous year’s budget by 1.03 for the estimated budget value to allow potential rate adjustments (i.e. COLA as described above), and as specified in the RFP for certain rates (e.g. Community Work Experience rate), at the sole discretion of SED.
• SED reserves the right to adjust the contract value over the life of the contract when it can establish that there is no longer sufficient capacity for a particular service within a region. The application of performance and quality measures will be considered when seeking any amendments.
Amending Contract Value
• Following the year 2 CRS contract reconciliation, vendors with utilization below 33% of total contract value will have their estimated contract value reduced by the difference between actual expenditure and 33% of total 5 year contract value.
• During the contract period, it may be necessary to increase contracts values based on vendor performance and participant need. ACCES-VR will amend contracts, as needed, according to the following process:
1. Vendor data report will be produced by ACCES-VR and sent to District Office and Central Office staff for review monthly. The District Offices conduct a review with all vendors twice per year – once in person and once by phone.
2. District Office staff review data report and determine which vendors require a contract value increase.
3. District Office staff submit “Estimated Contract Value Modification” requests and justifications to ACCES-VR Central Office staff for review.
4. Central Offices reviews requests and determines if:
• There is need for additional service capacity in the district.
• No other vendors are able to provide services.
• Vendor performance is satisfactory.
• Participants may be prevented from obtaining education and vocational services if contracts are not modified.
• There are special circumstances that warrant contract value modification (special populations, transportation, informed choice, cultural competence, etc.)
5. Central Office staff approves the requests.
6. CRS Contract Value Letter will be used to document that the vendor and SED agree to the changes to the contract value.
7. SED submits request to OSC for approval
8. If approved by OSC, SED notifies the vendor that their budget has been increased.
NYSED’s Reservation of Rights
NYSED reserves the right to: (1) reject any or all proposals received in response to the RFP; (2) withdraw the RFP at any time, at the agency’s sole discretion; (3) make an award under the RFP in whole or in part; (4) disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the RFP; (5) seek clarifications of proposals; (6) use proposal information obtained through site visits, management interviews and the state’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the RFP; (7) prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; (8) prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent RFP amendments; (9) change any of the scheduled dates; (10) waive any requirements that are not material; (11) negotiate with the successful bidder within the scope of the RFP in the best interests of the state; (12) conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder; (13) utilize any and all ideas submitted in the proposals received; (14) unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of 90 days from the bid opening; (15) require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation; (16) to request best and final offers.
Entities’ Responsibility
Projects must operate under the jurisdiction of the local board of education, or other appropriate governing body, and are subject to at least the same degree of accountability as all other expenditures of the local agency. The local board of education, or other appropriate governing body, is responsible for the proper disbursement of, and accounting for project funds. Written agency policy concerning wages, mileage and travel allowances, overtime compensation, or fringe benefits, as well as State rules pertaining to competitive bidding, safety regulations and inventory control must be followed. Supporting or source documents are required for all grant related transactions entered into the local agency’s recordkeeping systems. Source documents that authorize the disbursement of grant funds consist of purchase orders, contracts, time and effort records, delivery receipts, vendor invoices, travel documentation and payment documents.
Supporting documentation for grants and grant contracts must be kept for at least six years after the last payment was made unless otherwise specified by program requirements. Additionally, audit or litigation will “freeze the clock” for records retention purposes until the issue is resolved. All records and documentation must be available for inspection by State Education Department officials or its representatives.
For additional information about grants, please refer to the Fiscal Guidelines for Federal and State Aided Grants, .
Contract Terms and Conditions
Individual awards issued under this grant RFP will require that the awardee enter into a grant contract, the form of which is contained in an attachment to this RFP. In addition to being signed by the awardee and NYSED Counsel, the contract will need to be submitted for review and approval by the NYS Attorney General and the Office of the State Comptroller. All provisions of this RFP are subordinate to the terms and conditions of the grant contract. The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract developed by NYSED.
PREQUALIFICATION FOR INDIVIDUAL APPLICATIONS
Pursuant to the New York State Division of Budget Bulletin H-1032, dated June 7, 2013, New York State has instituted key reform initiatives to the grant contract process which require not-for-profits to register in the Grants Gateway and complete the Vendor Prequalification process in order for proposals to be evaluated. Information on these initiatives can be found on the Grants Reform Website ().
Proposals received from not-for-profit applicants that have not Registered and are not Prequalified in the Grants Gateway by 5:00 PM on the proposal due date of 10/18/2017 cannot be evaluated. Such proposals will be disqualified from further consideration
Below is a summary of the steps that must be completed to meet registration and prequalification requirements. The Vendor Prequalification Manual () on the Grants Reform Website details the requirements and an online tutorial () are available to walk users through the process.
1) Register for the Grants Gateway.
• On the Grants Reform Website, download a copy of the Registration Form for Administrator () . A signed, notarized original form must be sent to the Division of Budget at the address provided in the instructions. You will be provided with a Username and Password allowing you to access the Grants Gateway.
• If you have previously registered and do not know your Username please email grantsreform@budget. . If you do not know your Password please click the Forgot Password () link from the main log in page and follow the prompts.
2) Complete your Prequalification Application.
• Log in to the Grants Gateway( ) If this is your first time logging in, you will be prompted to change your password at the bottom of your Profile page. Enter a new password and click SAVE.
• Click the Organization(s) link at the top of the page and complete the required fields including selecting the State agency you have the most grants with. This page should be completed in its entirety before you SAVE. A Document Vault link will become available near the top of the page. Click this link to access the main Document Vault page.
• Answer the questions in the Required Forms and upload Required Documents. This constitutes your Prequalification Application. Optional Documents are not required unless specified in this Request for Proposal.
• Specific questions about the prequalification process should be referred to your agency representative at prequal@ or to the Grants Reform Team at grantsreform@budget..
3) Submit Your Prequalification Application
• After completing your Prequalification Application, click the Submit Document Vault Link located below the Required Documents section to submit your Prequalification Application for State agency review. Once submitted the status of the Document Vault will change to In Review.
• If your Prequalification reviewer has questions or requests changes you will receive email notification from the Gateway system.
• Once your Prequalification Application has been approved, you will receive a Gateway notification that you are now prequalified to do business with New York State.
Vendors are strongly encouraged to begin the process as soon as possible in order to participate in this opportunity.
Debriefing Procedures
All unsuccessful bidders may request a debriefing within five (5) business days of receiving notice from NYSED. Bidders may request a debriefing letter on the selection process regarding this RFP by submitting a written request to the Fiscal Contact person at:
NYS Education Department
Contract Administration Unit
89 Washington Avenue
Room 503W EB
Albany, NY 12234
The Fiscal Contact person will make arrangements with program staff to provide a written summary of the proposal’s strengths and weaknesses, as well as recommendations for improvement. Within ten (10) business days, the program staff will issue a written debriefing letter to the bidder.
Contract Award Protest Procedures
Bidders who receive a notice of non-award may protest the NYSED award decision subject to the following:
1. The protest must be in writing and must contain specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award by NYSED.
2. The protest must be filed within ten (10) business days of receipt of a debriefing letter. The protest letter must be filed with:
NYS Education Department
Contract Administration Unit
89 Washington Avenue
Room 503W EB
Albany, NY 12234
3. The NYSED Contract Administration Unit (CAU) will convene a review team that will include at least one staff member from each of NYSED’s Office of Counsel, CAU, and the Program Office. The review team will review and consider the merits of the protest and will decide whether the protest is approved or denied. Counsel’s Office will provide the bidder with written notification of the review team’s decision within seven (7) business days of the receipt of the protest. The original protest and decision will be filed with OSC when the contract procurement record is submitted for approval and CAU will advise OSC that a protest was filed.
4. The NYSED Contract Administration Unit (CAU) may summarily deny a protest that fails to contain specific factual or legal allegations, or where the protest only raises issues of law that have already been decided by the courts.
Vendor Responsibility
State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, NYSED must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire. School districts, Charter Schools, BOCES, public colleges and universities, public libraries, and the Research Foundation for SUNY and CUNY are some of the exempt entities. For a complete list, see:
.
NYSED recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at or go directly to the VendRep System online at .
Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.
Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website osc.state.ny.us/vendrep or may contact NYSED or the Office of the State Comptroller’s Help Desk for a copy of the paper form.
Subcontractors:
For vendors using subcontractors, a Vendor Responsibility Questionnaire and a NYSED vendor responsibility review are required for a subcontractor where:
• the subcontractor is known at the time of the contract award;
• the subcontractor is not an entity that is exempt from reporting by OSC; and the subcontract will equal or exceed $100,000 over the life of the contract
Note: Bidders must acknowledge their method of filing their questionnaire by checking the appropriate box on the Response Sheet for Bids (5. Submission Documents).
Public Officer’s Law Section 73
All bidders must comply with Public Officer’s Law Section 73 (4)(a), as follows:
4. (a) No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman or firm or association of which such person is a member, or corporation, ten per centum or more of the stock of which is owned or controlled directly or indirectly by such person, shall (i) sell any goods or services having a value in excess of twenty-five dollars to any state agency, or (ii) contract for or provide such goods or services with or to any private entity where the power to contract, appoint or retain on behalf of such private entity is exercised, directly or indirectly, by a state agency or officer thereof, unless such goods or services are provided pursuant to an award or contract let after public notice and competitive bidding. This paragraph shall not apply to the publication of resolutions, advertisements or other legal propositions or notices in newspapers designated pursuant to law for such purpose and for which the rates are fixed pursuant to law.
(i) The term "state officer or employee" shall mean:
(i) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis;
(ii) officers and employees of statewide elected officials;
(iii) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis; and
(iv) members or directors of public authorities, other than multistate authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, who receive compensation other than on a per diem basis, and employees of such authorities, corporations and commissions.
Public Officer’s Law Section 73 can be found at .
Registration In Federal System for Award Management (SAM)
In order to be awarded federal funds, an agency must be registered (and then maintain a current registration) in the federal System for Award Management known as SAM (). SAM is a government-wide, web-enabled database that collects, validates, stores and disseminates business information about organizations receiving federal funds.
NYSED Substitute Form W-9
Any payee/vendor/organization receiving Federal and/or State payments from NYSED must complete the NYSED Substitute Form W-9 if they are not yet registered in the Statewide Financial System centralized vendor file.
The NYS Education Department (NYSED) is using the NYSED Substitute Form W-9 to obtain certification of a vendor’s Tax Identification Number in order to facilitate a vendor’s registration with the SFS centralized vendor file and to ensure accuracy of information contained therein. We ask for the information on the NYSED Substitute Form W-9 to carry out the Internal Revenue laws of the United States.
Workers’ Compensation Coverage and Debarment
New York State Workers’ Compensation Law (WCL) has specific coverage requirements for businesses contracting with New York State and additional requirements which provide for the debarment of vendors that violate certain sections of WCL. The WCL requires, and has required since introduction of the law in 1922, the heads of all municipal and State entities to ensure that businesses have appropriate workers’ compensation and disability benefits insurance coverage prior to issuing any permits or licenses, or prior to entering into contracts.
Workers’ compensation requirements are covered by WCL Section 57, while disability benefits are covered by WCL Section 220(8). The Workers’ Compensation Benefits clause in Appendix A – STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS states that in accordance with Section 142 of the State Finance Law, a contract shall be void and of no force and effect unless the contractor provides and maintains coverage during the life of the contract for the benefit of such employees as are required to be covered by the provisions of the WCL.
Under provisions of the 2007 Workers’ Compensation Reform Legislation (WCL Section 141-b), any person, or entity substantially owned by that person: subject to a final assessment of civil fines or penalties, subject to a stop-work order, or convicted of a misdemeanor for violation of Workers’ Compensation laws Section 52 or 131, is barred from bidding on, or being awarded, any public work contract or subcontract with the State, any municipal corporation or public body for one year for each violation. The ban is five years for each felony conviction.
PROOF OF COVERAGE REQUIREMENTS
The Workers’ Compensation Board has developed several forms to assist State contracting entities in ensuring that businesses have the appropriate workers’ compensation and disability insurance coverage as required by Sections 57 and 220(8) of the WCL.
Please note – an ACORD form is not acceptable proof of New York State workers’ compensation or disability benefits insurance coverage.
Proof of Workers’ Compensation Coverage
To comply with coverage provisions of the WCL, the Workers’ Compensation Board requires that a business seeking to enter into a State contract submit appropriate proof of coverage to the State contracting entity issuing the contract. For each new contract or contract renewal, the contracting entity must obtain ONE of the following forms from the contractor and submit to OSC to prove the contractor has appropriate workers’ compensation insurance coverage:
• Form C-105.2 – Certificate of Workers’ Compensation Insurance issued by private insurance carriers, or Form U-26.3 issued by the State Insurance Fund; or
• Form SI-12– Certificate of Workers’ Compensation Self-Insurance; or Form GSI-105.2 Certificate of Participation in Workers’ Compensation Group Self-Insurance; or
• CE-200– Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage.
Proof of Disability Benefits Coverage
To comply with coverage provisions of the WCL regarding disability benefits, the Workers’ Compensation Board requires that a business seeking to enter into a State contract must submit appropriate proof of coverage to the State contracting entity issuing the contract. For each new contract or contract renewal, the contracting entity must obtain ONE of the following forms from the contractor and submit to OSC to prove the contractor has appropriate disability benefits insurance coverage:
• Form DB-120.1 - Certificate of Disability Benefits Insurance; or
• Form DB-155- Certificate of Disability Benefits Self-Insurance; or
• CE-200– Certificate of Attestation of Exemption from New York State Workers’ Compensation and/or Disability Benefits Coverage.
For additional information regarding workers’ compensation and disability benefits requirements, please refer to the New York State Workers’ Compensation Board website at:
Application Checklist
Listed below are the documents that constitute a complete application package, in the order that they should be submitted. Use this checklist to ensure that your application submission is complete and in compliance with application instructions.
|Required Documents |Checked-Applicant |Checked –SED |
|CRS Application/Basic Information Form with Original Signature of Chief Administrative| | |
|Officer (Attachment 1) | | |
| Attachment 1A-1H for applicable services | | |
|Supporting Documentation of Staff Credentials (Resumes, Syllabi, and Curriculum where | | |
|requested in Attachment 1A-1H) | | |
|Attachment 2 – Capacity Summary | | |
|NYSED Substitute Form W-9 (If bidder is not yet registered in the SFS centralized | | |
|vendor file) | | |
|Application Checklist | | |
|Appendix S-1 (answers to questions 3 & 6) | | |
|Vendor Responsibility Questionnaire ( Paper submission Electronic filing Not | | |
|applicable) | | |
|Worker’s Compensation Documentation (encouraged) | | |
|Disability Benefits Documentation (encouraged) | | |
|Is the applicant prequalified, if required? (While no documentation is required with | | |
|the application, the applicant may be required to prequalify in order to be eligible | | |
|for this grant opportunity) | | |
|SED Comments: |
|Has the applicant complied with the application instructions? Yes No |
| |
| |
| |
| |
|SED Reviewer: ____________________________________ Date: _____________ |
Appendix I
District Offices by Regions:
|Region 1 |Region 2 |Region 3 |
|Bronx |Albany |Buffalo |
|Brooklyn |Malone |Rochester |
|Garden City |Southern Tier | |
|Hauppauge |Syracuse | |
|Manhattan |Utica | |
|Mid-Hudson | | |
|Queens | | |
|White Plains | | |
Appendix II
Performance Rubric
ACCES-VR’s goal is to enable participants to attain employment. Accordingly, a provider’s performance will be assessed where appropriate on key indicators such as, but not limited to: percentage of participants successfully employed (status 26), the amount of time it takes a participant to become successfully employed, the amount of hours a participant is working per week and hourly wages earned by the participant.
ACCES-VR has developed a rubric by which some services will be rated. The rubric provides guidance to professional staff in rating a particular service as superior, satisfactory or needing improvement. Data on the rubric will be compiled on individual providers and individual services and be used to provide feedback to the individual providers at least twice a year at performance review meetings. Reports will be rated superior, satisfactory or needs improvement. They are defined as follows:
Superior
Information/service provided was clear, concise and complete. It provided the counselor with a thorough understanding of the provider’s service, conclusions and recommendations. The work addressed issues and concerns expressed by the counselor. Work provided was of excellent quality and is able to be used for case decisions. The report provided a number of options for future planning.
Satisfactory
Information/service provided was clear and concise. It provided the counselor with a good understanding of the provider’s conclusions and recommendations. The deliverable was sufficient for decision making.
Needs Improvement
Information/service provided was minimal in addressing the needs of the participant. It only addressed issues and concerns articulated by the counselor. The needs of the participant were not clearly communicated and lacked details and next steps. The report provided no additional information or service.
N/A
Vendor submitted something other then a final report, such as attendance or interim report.
Timeliness of service is a critical indicator in providing services to participants. Standards are set for individual services and data will be compiled to assist to measure compliance with those standards. This data too will be shared with individual providers at their semi-annual performance reviews.
Appendix III
Supported Employment Services
|PRE-EMPLOYMENT PAYMENTS |Region 1 |Region 2 & 3 |
|571X - Intake |$175 |$175 |
|FOUR CORE SUPPORTED EMPLOYMENT PAYMENTS |Region 1 |Region 2 & 3 |
|572X Core 1 – SE Pre-Employment Assessment/Job |$2,250 |$1,750 |
|Development (25%) | | |
|573X Core 2 – SE Placement Day 5 (15%) |$1,525 |$1,350 |
|574X Core 3 – SE Placement Day 45 (20%) |$1,525 |$1,375 |
|575X Core 4 – SE Job Retention (Status 26) (40%) |$2,525 |$2,350 |
|ONE QUALITY OUTCOME PAYMENTS |Region 1 |Region 2&3 |
|576X Job Retention – Weekly Hours |$600 |$600 |
For a detailed description of these services refer to pages 35 – 41 of this document.
APPENDIX R
DATA SECURITY AND PRIVACY PLAN
1. The individually identifiable data provided to or stored by the Contractor pursuant to this agreement (the "Data") are sensitive, requiring appropriate levels of security to prevent unauthorized disclosure or modification. The Contractor shall take all reasonable measures to protect the confidentiality of the Data as required by federal and state laws and regulations applicable to the Contractor. These may include but are not limited to the New York State Social Services Law, Personal Privacy Protection Law and Education Law §2-d; the federal Social Security Act and Family Educational Rights and Privacy Act; internet security laws; and any regulations promulgated thereunder.
2. The Contractor has full and final responsibility for the security of the Data. The Contractor agrees to implement reasonable technical and physical security measures to ensure the confidentiality, integrity and availability of the Data. Such security measures may be reviewed by the State, both through an informal audit of policies and procedures and/or through inspection of security methods used within the Contractor's infrastructure, storage, and other physical security. The Contractor should review its implementation and maintenance of its security review periodically to protect the data in strict compliance with statutory and regulatory requirements.
3. The Contractor's security measures must also include:
a. Provision that access to the Data is restricted solely to staff who need such access to carry out the responsibilities of the Contractor under this agreement, and that such staff will not release such Data to any unauthorized party;
b. All confidential Data are stored on computer and storage facilities maintained within Contractor's computer networks, behind appropriate firewalls;
c. Access to computer applications and Data are managed through appropriate userID/password procedures;
d. Contractor's computer network storing the Data is scanned for inappropriate access through an intrusion detection system. NYSED has the right to perform a site visit to review the vendor’s security practices if NYSED feels it is necessary;
e. That Contractor have a disaster recovery plan that is acceptable to the State;
f. Satisfactory redundant and uninterruptible power and fiber infrastructure provisions; and
g. A copy of the Contractor's security review evidencing compliance with these requirements must be submitted to NYSED for review and approval within 6 months of the signing of the contract or before the first certification test is performed, whichever occurs first.
4. The Data must be returned to NYSED upon termination or expiration of this Agreement, or at such point that the Data are no longer needed for the purpose referenced in this Agreement, or, at the sole discretion of NYSED, securely destroyed. All hard copies of personally identifiable Data in the possession of the Contractor must be securely destroyed, and all electronic Data must be purged from the network in a manner that does not permit retrieval of the data. The contractor is specifically prohibited from commingling any data from outside sources into the Data received from NYSED, except as specifically authorized by NYSED.
5. If personally identifiable data of students, teachers or building principals will be disclosed to the Contractor by NYSED for purposes of the Contractor providing services to NYSED, the Contractor must comply with the following requirements of Education Law §2-d (Chapter 56, Subpart L of the Laws of 2014) and any implementing regulations:
a. Any officers or employees of the third party contractor and its assignees who have access to student data or teacher or principal data have received or will receive training on the federal and state law governing confidentiality of such data prior to receiving access;
b. limit internal access to education records to those individuals that are determined to have legitimate educational interests;
c. not use the education records for any other purposes than those explicitly authorized in its contract;
d. except for authorized representatives of the third party contractor to the extent they are carrying out the contract, not disclose any personally identifiable information to any other party:
(i) without the prior written consent of the parent or eligible student; or
(ii) unless required by statute or court order and the party provides a notice of the disclosure to the department, district board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by the statute or court order;
e. maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable student information in its custody; and
f. use encryption technology consistent with Education Law §2-d and any implementing regulations.
6. If requested by NYSED to make any disclosure of aggregated data using the Data provided to or stored by the Contractor, Contractor must ensure that the disclosed aggregated data cannot reasonably be used to identify a particular individual. Aggregated data will be considered identifiable if the disclosure has less than five (5) data elements per cell or the data elements per cell comprise 100% of the subject population.
7. Contractor agrees that all Data shall remain at all times the property of the State, and may not be used for any purpose other than the purpose outlined in this Agreement without the express written permission of NYSED. The Contractor has no ownership of or licensing rights to the Data except as provided in this Agreement, and Contractor specifically agrees that it will not sell, give or otherwise transfer the Data to any third party without NYSED’s express prior approval.
8. The Contractor must ensure that these confidentiality and security provisions apply to any subcontractor engaged by the Contractor for the work under this agreement. The Contractor shall take full responsibility for the acts and omissions of its subcontractors, and the use of subcontractors shall not impair the rights of NYSED against the Contractor in accordance with this Agreement.
9. Hardware, software and services acquired by the Contractor under this Agreement may not be used for other activities beyond those described in the scope of the contract unless authorized in advance by NYSED.
10. Security of Location - Server room will remain a restricted access, locked room with access via security cards. The list of staff with access to the server room will continue to be reviewed quarterly against the number of times each staff actually gained access to the server room.
11. Breach Notification.
a. Contractor that receives student data or teacher or principal data pursuant to a contract or other written agreement with an educational agency shall be required to notify such educational agency of any breach of security resulting in an unauthorized release of such data in accordance with Education Law §2-d and any implementing regulations. Upon such notification, the educational agency shall take appropriate action in accordance with Education Law §2-d and any implementing regulations.
b. In the event that the State is required, pursuant to Education Law §2-d(6)(b), to notify one or more parent, eligible student, teacher or principal of an unauthorized release of student data by the Contractor or its assignee, the Contractor shall promptly reimburse the State for the full cost of such notification.
c. Contractor acknowledges that it may be subject to penalties under Education Law §§2-d(6)and 2-d(7) for unauthorized disclosure of personally identifiable student, teacher or principal data.
d. Contractor agrees that it will cooperate and promptly comply with any inquiries from the State based upon the State’s receipt of a complaint or other information indicating that an improper or unauthorized disclosure of personally identifiable information may have occurred. Contractor will permit on-site examination and inspection, and will provide at its own cost necessary documentation or testimony of any employee, representative or assignee of Contractor relating to the alleged improper disclosure of data.
Appendix S
PARENTS’ BILL OF RIGHTS
FOR DATA PRIVACY AND SECURITY
To satisfy their responsibilities regarding the provision of education to students in pre-kindergarten through grade twelve, “educational agencies” (as defined below) in the State of New York collect and maintain certain personally identifiable information from the education records of their students. As part of the Common Core Implementation Reform Act, Education Law §2-d requires that each educational agency in the State of New York must develop a Parents’ Bill of Rights for Data Privacy and Security (Parents’ Bill of Rights). The Parents’ Bill of Rights must be published on the website of each educational agency, and must be included with every contract the educational agency enters into with a “third party contractor” (as defined below) where the third party contractor receives student data, or certain protected teacher/principal data related to Annual Professional Performance Reviews that is designated as confidential pursuant to Education Law §3012-c (“APPR data”).
The purpose of the Parents’ Bill of Rights is to inform parents (which also include legal guardians or persons in parental relation to a student, but generally not the parents of a student who is age eighteen or over) of the legal requirements regarding privacy, security and use of student data. In addition to the federal Family Educational Rights and Privacy Act (FERPA), Education Law §2-d provides important new protections for student data, and new remedies for breaches of the responsibility to maintain the security and confidentiality of such data.
A. What are the essential parents’ rights under the Family Educational Rights and Privacy Act (FERPA) relating to personally identifiable information in their child’s student records?
The rights of parents under FERPA are summarized in the Model Notification of Rights prepared by the United States Department of Education for use by schools in providing annual notification of rights to parents. It can be accessed at , and a copy is attached to this Parents’ Bill of Rights. Complete student records are maintained by schools and school districts, and not at the New York State Education Department (NYSED). Further, NYSED would need to establish and implement a means to verify a parent’s identity and right of access to records before processing a request for records to the school or school district. Therefore, requests to access student records will be most efficiently managed at the school or school district level.
Parents’ rights under FERPA include:
1. The right to inspect and review the student's education records within 45 days after the day the school or school district receives a request for access.
2. The right to request amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Complete student records are maintained by schools and school districts and not at NYSED, which is the secondary repository of data, and NYSED make amendments to school or school district records. Schools and school districts are in the best position to make corrections to students’ education records.
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent (including but not limited to disclosure under specified conditions to: (i) school officials within the school or school district with legitimate educational interests; (ii) officials of another school for purposes of enrollment or transfer; (iii) third party contractors providing services to, or performing functions for an educational agency; (iv) authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as NYSED; (iv) (v) organizations conducting studies for or on behalf of educational agencies) and (vi) the public where the school or school district has designated certain student data as “directory information” (described below). The attached FERPA Model Notification of Rights more fully describes the exceptions to the consent requirement under FERPA).
4. Where a school or school district has a policy of releasing “directory information” from student records, the parent has a right to refuse to let the school or school district designate any all of such information as directory information. Directory information, as defined in federal regulations, includes: the student’s name, address, telephone number, email address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received and the most recent educational agency or institution attended. Where disclosure without consent is otherwise authorized under FERPA, however, a parent’s refusal to permit disclosure of directory information does not prevent disclosure pursuant to such separate authorization.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA.
B. What are parents’ rights under the Personal Privacy Protection Law (PPPL), Article 6-A of the Public Officers Law relating to records held by State agencies?
The PPPL (Public Officers Law §§91-99) applies to all records of State agencies and is not specific to student records or to parents. It does not apply to school districts or other local educational agencies. It imposes duties on State agencies to have procedures in place to protect from disclosure of “personal information,” defined as information which because of a name, number, symbol, mark or other identifier, can be used to identify a “data subject” (in this case the student or the student’s parent). Like FERPA, the PPPL confers a right on the data subject (student or the student’s parent) to access to State agency records relating to them and requires State agencies to have procedures for correction or amendment of records.
A more detailed description of the PPPL is available from the Committee on Open Government of the New York Department of State. Guidance on what you should know about the PPPL can be accessed at . The Committee on Open Government’s address is Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, suite 650, Albany, NY 12231, their email address is coog@dos., and their telephone number is (518) 474-2518.
C. Parents’ Rights Under Education Law §2-d relating to Unauthorized Release of Personally Identifiable Information
1. What “educational agencies” are included in the requirements of Education Law §2-d?
• The New York State Education Department (“NYSED”);
• Each public school district;
• Each Board of Cooperative Educational Services or BOCES; and
• All schools that are:
o a public elementary or secondary school;
o a universal pre-kindergarten program authorized pursuant to Education Law §3602-e;
o an approved provider of preschool special education services;
o any other publicly funded pre-kindergarten program;
o a school serving children in a special act school district as defined in Education Law 4001; or
o certain schools for the education of students with disabilities - an approved private school, a state-supported school subject to the provisions of Education Law Article 85, or a state-operated school subject to Education Law Article 87 or 88.
2. What kind of student data is subject to the confidentiality and security requirements of Education Law §2-d?
The law applies to personally identifiable information contained in student records of an educational agency listed above. The term “student” refers to any person attending or seeking to enroll in an educational agency, and the term “personally identifiable information” (“PII”) uses the definition provided in FERPA. Under FERPA, personally identifiable information or PII includes, but is not limited to:
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and Mother’s Maiden Name[1];
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
3. What kind of student data is not subject to the confidentiality and security requirements of Education Law §2-d?
The confidentiality and privacy provisions of Education Law §2-d and FERPA extend only to PII, and not to student data that is not personally identifiable. Therefore, de-identified data (e.g., data regarding students that uses random identifiers), aggregated data (e.g., data reported at the school district level) or anonymized data that could not be used to identify a particular student is not considered to be PII and is not within the purview of Education Law §2-d or within the scope of this Parents’ Bill of Rights.
4. What are my rights under Education Law § 2-d as a parent regarding my student’s PII?
Education Law §2-d ensures that, in addition to all of the protections and rights of parents under the federal FERPA law, certain rights will also be provided under the Education Law. These rights include, but are not limited to, the following elements:
(A) A student's PII cannot be sold or released by the educational agency for any commercial or marketing purposes.
o PII may be used for purposes of a contract that provides payment to a vendor for providing services to an educational agency as permitted by law.
o However, sale of PII to a third party solely for commercial purposes or receipt of payment by an educational agency, or disclosure of PII that is not related to a service being provided to the educational agency, is strictly prohibited.
(B) Parents have the right to inspect and review the complete contents of their child's education record including any student data stored or maintained by an educational agency.
o This right of inspection is consistent with the requirements of FERPA. In addition to the right of inspection of the educational record, Education Law §2-d provides a specific right for parents to inspect or receive copies of any data in the student’s educational record.
o NYSED will develop policies for annual notification by educational agencies to parents regarding the right to request student data. Such policies will specify a reasonable time for the educational agency to comply with such requests.
o The policies will also require security measures when providing student data to parents, to ensure that only authorized individuals receive such data. A parent may be asked for information or verifications reasonably necessary to ensure that he or she is in fact the student’s parent and is authorized to receive such information pursuant to law.
(C) State and federal laws protect the confidentiality of PII, and safeguards associated with industry standards and best practices, including, but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.
Education Law §2-d also specifically provides certain limitations on the collection of data by educational agencies, including, but not limited to:
A) A mandate that, except as otherwise specifically authorized by law, NYSED shall only collect PII relating to an educational purpose;
B) NYSED may only require districts to submit PII, including data on disability status and student suspensions, where such release is required by law or otherwise authorized under FERPA and/or the New York State Personal Privacy Law; and
C) Except as required by law or in the case of educational enrollment data, school districts shall not report to NYSED student data regarding juvenile delinquency records, criminal records, medical and health records or student biometric information.
(D) Parents may access the NYSED Student Data Elements List, a complete list of all student data elements collected by NYSED, at , or may obtain a copy of this list by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, NY 12234; and
(E) Parents have the right to file complaints with an educational agency about possible breaches of student data by that educational agency’s third party contractors or their employees, officers, or assignees, or with NYSED. Complaints to NYSED should be directed in writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany NY 12234, email to CPO@mail.. The complaint process is under development and will be established through regulations to be proposed by NYSED’s Chief Privacy Officer, who has not yet been appointed.
o Specifically, the Commissioner of Education, after consultation with the Chief Privacy Officer, will promulgate regulations establishing procedures for the submission of complaints from parents, classroom teachers or building principals, or other staff of an educational agency, making allegations of improper disclosure of student data and/or teacher or principal APPR data by a third party contractor or its officers, employees or assignees.
o When appointed, the Chief Privacy Officer of NYSED will also provide a procedure within NYSED whereby parents, students, teachers, superintendents, school board members, principals, and other persons or entities may request information pertaining to student data or teacher or principal APPR data in a timely and efficient manner.
5. Must additional elements be included in the Parents’ Bill of Rights.?
Yes. For purposes of further ensuring confidentiality and security of student data, as an appendix to the Parents’ Bill of Rights each contract an educational agency enters into with a third party contractor shall include the following supplemental information:
A) the exclusive purposes for which the student data, or teacher or principal data, will be used;
B) how the third party contractor will ensure that the subcontractors, persons or entities that the third party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements;
C) when the agreement with the third party contractor expires and what happens to the student data or teacher or principal data upon expiration of the agreement;
D) if and how a parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and
E) where the student data or teacher or principal data will be stored (described in such a manner as to protect data security), and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.
a. In addition, the Chief Privacy Officer, with input from parents and other education and expert stakeholders, is required to develop additional elements of the Parents’ Bill of Rights to be prescribed in Regulations of the Commissioner.
6. What protections are required to be in place if an educational agency contracts with a third party contractor to provide services, and the contract requires the disclosure of PII to the third party contractor?
Education Law §2-d provides very specific protections for contracts with “third party contractors”, defined as any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency. The term “third party contractor” also includes an educational partnership organization that receives student and/or teacher or principal APPR data from a school district to carry out its responsibilities pursuant to Education Law §211-e, and a not-for-profit corporation or other non-profit organization, which are not themselves covered by the definition of an “educational agency.”
Services of a third party contractor covered under Education Law §2-d include, but not limited to, data management or storage services, conducting studies for or on behalf of the educational agency, or audit or evaluation of publicly funded programs.
When an educational agency enters into a contract with a third party contractor, under which the third party contractor will receive student data, the contract or agreement must include a data security and privacy plan that outlines how all state, federal, and local data security and privacy contract requirements will be implemented over the life of the contract, consistent with the educational agency's policy on data security and privacy. However, the standards for an educational agency’s policy on data security and privacy must be prescribed in Regulations of the Commissioner that have not yet been promulgated. A signed copy of the Parents’ Bill of Rights must be included, as well as a requirement that any officers or employees of the third party contractor and its assignees who have access to student data or teacher or principal data have received or will receive training on the federal and state law governing confidentiality of such data prior to receiving access.
Each third party contractor that enters into a contract or other written agreement with an educational agency under which the third party contractor will receive student data or teacher or principal data shall:
o limit internal access to education records to those individuals that are determined to have legitimate educational interests
o not use the education records for any other purposes than those explicitly authorized in its contract;
o except for authorized representatives of the third party contractor to the extent they are carrying out the contract, not disclose any PII to any other party (i) without the prior written consent of the parent or eligible student; or (ii) unless required by statute or court order and the party provides a notice of the disclosure to NYSED, district board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by the statute or court order;
o maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII in its custody; and
o use encryption technology to protect data while in motion or in its custody from unauthorized disclosure.
7. What steps can and must be taken in the event of a breach of confidentiality or security?
Upon receipt of a complaint or other information indicating that a third party contractor may have improperly disclosed student data, or teacher or principal APPR data, NYSED’s Chief Privacy Officer is authorized to investigate, visit, examine and inspect the third party contractor's facilities and records and obtain documentation from, or require the testimony of, any party relating to the alleged improper disclosure of student data or teacher or principal APPR data.
Where there is a breach and unauthorized release of PII by a by a third party contractor or its assignees (e.g., a subcontractor): (i) the third party contractor must notify the educational agency of the breach in the most expedient way possible and without unreasonable delay; (ii) the educational agency must notify the parent in the most expedient way possible and without unreasonable delay; and (iii) the third party contractor may be subject to certain penalties including, but not limited to, a monetary fine; mandatory training regarding federal and state law governing the confidentiality of student data, or teacher or principal APPR data; and preclusion from accessing any student data, or teacher or principal APPR data, from an educational agency for a fixed period up to five years.
8. Data Security and Privacy Standards
Upon appointment, NYSED’s Chief Privacy Officer will be required to develop, with input from experts, standards for educational agency data security and privacy policies. The Commissioner will then promulgate regulations implementing these data security and privacy standards.
9. No Private Right of Action
Please note that Education Law §2-d explicitly states that it does not create a private right of action against NYSED or any other educational agency, such as a school, school district or BOCES.
ATTACHMENT
Model Notification of Rights under FERPA for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:
1. The right to inspect and review the student's education records within 45 days after the day the [Name of school (“School”)] receives a request for access.
Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the records they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask the [School] to amend a record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
[Optional] Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
[NOTE: In addition, a school may want to include its directory information public notice, as required by §99.37 of the regulations, with its annual notification of rights under FERPA.]
[Optional] See the list below of the disclosures that elementary and secondary schools may make without consent.
FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –
• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
• Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
APPENDIX S-1
Attachment To Parents’ Bill Of Rights
For Contracts Involving Disclosure of Certain Personally Identifiable Information
Education Law §2-d, added by Ch. 56 of the Laws of 2014, requires that a Parents’ Bill of Rights be attached to every contract with a third-party contractor (as defined in the law) which involves the disclosure of personally identifiable information (PII) derived from student education records (“Student Data”), or certain teacher/principal information regarding annual professional performance evaluations that is confidential pursuant to Education Law §30212-c (“APPR Data”). Each such Contract must include this completed Attachment to provide specific information about the use of such data by the Contractor.
1. Specify whether this Contract involves disclosure to the Contractor of Student Data, APPR Data, or both. NYSED program office checks applicable box(es).
Disclosure of Student Data
Disclosure of APPR Data
2. Describe the exclusive purposes for which the Student Data or APPR Data will be used in the performance of this contract.
3. Identify any subcontractors or other persons/entities with whom the Contractor will share the Student Data or APPR in the performance of this Contract, and describe how the Contractor will ensure that such persons/entities will abide by the data protection and security requirements of the Contract.
Subcontractors or other entities with whom the Contractor will share data:
In the event the Contractor engages a Subcontractor or otherwise shares Student Data or APPR Data with any other entity, Contractor acknowledges and agrees that before any such data is shared with a Contractor or another entity, such party must agree in writing to be bound by the confidentiality and data protection provisions set forth in this Contract including, but not limited to, the “Data Security and Privacy Plan” set forth in Appendix R. Upon termination of the agreement between the Contractor and a Subcontractor or other entity, Contractor acknowledges and agrees that it is responsible for ensuring that all Student Data or APPR Data shared by the Contractor must be returned to Contractor or otherwise destroyed as provided in Paragraph 4 of the “Data Security and Privacy Plan” set forth in Appendix R.
4. Specify the expiration date of the Contract, and explain what will happen to the Student Data or APPR Data in the Contractor’s possession, or the possession of any person/entity described in response to Paragraph 3, upon the expiration or earlier termination of the Contract.
Contract expiration date: December 31, 2023
NYSED program office checks applicable box.
Contractor agrees to return the Student Data or APPR Data to NYSED consistent with the protocols set forth in Paragraph 4 of the “Data Security and Privacy Plan” set forth in Appendix R.
Contractor agree to securely destroy the Student Data or APPR Data consistent with the protocols set forth in Paragraph 4 of the “Data Security and Privacy Plan” set forth in Appendix R.
5. State whether the Contractor will be collecting any data from or pertaining to students derived from the student’s education record, or pertaining to teachers or principals’ annual professional performance evaluation pursuant to the Contract, and explain if and how a parent, student, eligible student (a student eighteen years or older), teacher or principal may challenge the accuracy of the Student Data or APPR data that is collected. NYSED program office checks applicable box(es).
Student Data
APPR Data
Any challenges to the accuracy of any of the Student Data or APPR Data shared pursuant to this Contract should be addressed to the school, educational agency or entity which produced, generated or otherwise created such data.
6. Describe where the Student Data or APPR Data will be stored (in a manner that does not jeopardize data security), and the security protections taken to ensure that the data will be protected, including whether such data will be encrypted.
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[1] Please note that NYSED does not collect certain information defined in FERPA, such as students’ social security numbers, biometric records, mother’s maiden name (unless used as the mother’s legal name).
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CRS vendors may potentially use this data to better inform intakes, assessments, and to better match individuals with competitive, integrate jobs.
Bidder should specifically list in this section any/all subcontractors that will/may receive data.
Bidder should detail in this section where data will be stored, what security measures will be in place, and whether electronic data is encrypted in motion and/or at rest.
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