122

POST-SECONDARY EDUCATION AND TRAINING

122.1

The Rehabilitation Services Administration may fund post-secondary educational expenses in accordance with this section, and as specified in an eligible individual's Individualized Plan for Employment (IPE).

122.2

The Rehabilitation Services Administration may fund post-secondary education and training consistent with this section, if an eligible individual requesting post-secondary educational services:

(a) Provides documentation of acceptance for matriculation from an accredited post-secondary institution as defined in § 199;

(b) Demonstrates the aptitude and ability to succeed in college level work in the particular course of study identified in the IPE through either past post-secondary academic performance or a diagnostic as-assessment conducted by a qualified professional, which may include at a minimum:

(1) A career assessment; and

(2) Psycho-educational assessment;

(c) Resolves any defaulted student loan or obtains a waiver from the Department of Education regarding any defaulted student loan;

(d) Submits a financial aid application annually to the following:

(1) The post-secondary institution the individual is attending or to which the individual has applied;

(2) The D.C. Tuition Assistance Grant, if applicable;

(3) All other District or state funded educational assistance programs and school grants or financial aid;

(4) The U.S. Department of Education (The Free Application for Federal Student Aid (FAFSA));

(5) All federal grant programs, including the Pell Grant; and

(6) The Leverage Educational Assistance Program (LEAP);

(e) Provides the Rehabilitation Services Administration a copy of the FAFSA Student Aid Report (SAR) and any other aid award from each source; and

(f) Signs the Rehabilitation Services Administration's form authorizing the post-secondary institution to provide the Rehabilitation Services Administration with information relating to the individual's training or educational program, including, but not limited to:

(1) A copy of the individual's official transcript;

(2) A copy of the individual's grades at the conclusion of each semester;

(3) Attendance records;

(4) Financial awards; and

(5) Notice of any disciplinary or adverse action; and

(6) A copy of the individual's American's with Disabilities Act (ADA) accommodation plan.

122.3 The Rehabilitation Services Administration shall pay for post-secondary tuition costs in accordance with §§ 122.4, 122.5, and 122.6, only if the academic program(s) is necessary to achieve the consumer's vocational goal.

122.4 If a public post-secondary institution ("public institution") located in the Washington, D.C. Metropolitan Area ("Area") offers an academic program necessary to achieve the consumer's vocational goal and the consumer chooses to attend that institution, the Rehabilitation Services Administration shall pay the published tuition rate of that particular public institution.

122.5 If a public institution located in the Area offers an academic program necessary to achieve the consumer's vocational goal, but the consumer chooses to attend a private post-secondary institution ("private institution") that is also located in the Area, the Rehabilitation Services Administration shall pay the published tuition rate of the University of the District of Columbia.

122.6 (a) If either a public or private institution located in the Area offers an academic program necessary to achieve the consumer's vocational goal, but the consumer chooses to attend a post-secondary institution (whether public or private) that is located outside of the Area, the Rehabilitation Services Administration's support for tuition shall be based on:

(1) The tuition rate published by the University of the District of

Columbia for the applicable number of credit hours and academic term; or

(2) The published tuition rate for the necessary training program that is available within the Area if the training program is not based on credit hours.

(b) If there is no public or private institution located in the Area that offers an academic program necessary to achieve the consumer's vocational goal, the Rehabilitation Services Administration will pay the full tuition and fees, room and board, and related transportation costs for the out of state institution necessary to achieve the consumer's vocational goal, subject to all relevant provisions of this chapter.

122.7

(a) The individual shall be responsible for educational/training costs in excess of the payment rates and restrictions established in this chapter.

(b) Daily transportation associated with educational/training costs shall be paid in accordance with the Rehabilitation Services Administration written policy, procedures and protocols.

(c) Non-daily transportation associated with educational/training costs shall be paid by the Rehabilitation Services Administration if such costs are not covered through the financial needs test under § 124, or when an exceptional circumstance is established under § 122.9. Non-daily transportation will be paid using the most cost-effective means of travel subject to the following conditions:

(1) When an individual resides in on-campus housing, the Rehabilitation Services Administration will pay for non-daily transportation at the beginning and end of each academic term/semester, and otherwise when on-campus college/university housing is closed during the academic calendar year in which the individual is actively enrolled and engaged in a program of study; or

(2) When an individual resides in off-campus housing, the Rehabilitation Services Administration will pay for non-daily transportation at the beginning and end of each academic term/semester in which the individual is actively enrolled and engaged in a program of study.

122.8

The amount of financial assistance the Rehabilitation Services Administration

may provide for post-secondary educational and training expenses for each eligible individual shall not exceed the amount specified in the annual student expense budget determined by the post-secondary institution's financial aid administrator, in accordance with the Higher Education Act of 1965 as amended:

(a) Adjusted to reflect the amount of tuition established under §§ 122.3, 122.4, 122.5 or 122.6;

(b) Plus the cost of educational and training-related expenses that are required to enable the individual to have access to and participate in the institution's educational or training program, such as:

(1) Disability-related support services for which the institution is not responsible;

(2) Adaptive equipment for which the institution is not responsible in accordance with § 120; and

(3) Books and supplies in accordance with § 120;

(c) Minus the amount of:

(1) Grants and scholarships awarded to the individual to attend the post secondary institution; and

(2) The individual or family financial participation in accordance with § 124.

122.9 The Rehabilitation Services Administration shall not fund on or off-campus room and board, except in exceptional circumstances. Exceptional circumstances shall be documented annually, comply with § 122.11, and be limited to the following:

(a) Room and board are necessary to accommodate a client's disabilities, as documented annually by a professional with expertise in the area of the individual's disability, and the individual is actively engaged in an educational or training program; or

(b) Room and board are necessary for the individual receiving services outside of the Washington, D.C. Metropolitan Area, as follows:

(1) If an individual is enrolled and actively engaged in a college/university or vocational certificate program of study and that same or similar program is not available at any post-secondary institution (whether public or private) within the Washington, D.C. Metropolitan Area; or

(2) If an individual is enrolled and actively engaged in a training program of one year or less in duration, and the same or similar training program is not available within the Washington, D.C. Metropolitan Area.

122.10 An eligible individual who is receiving post-secondary educational expenses in accordance with this section, shall continue to receive financial assistance if the individual:

1. (a) Maintains eligibility in accordance with § 103;
2. (b) Maintains a minimum cumulative grade point average of C or its equivalent, computed annually;
3. (c) Maintains eligibility for financial aid in accordance with the post-secondary institution's written criteria for satisfactory academic progress toward a degree, certificate, or certification;
4. (d) Attends only one post-secondary institution per academic/training year, transferring only after receiving prior approval of the Rehabilitation Services Administration and the amendment of the IPE to reflect the new institution unless exceptional circumstances warrant a change;
5. (e) Secures the prior approval of the Rehabilitation Services Administration and amends the IPE to specify any change(s) before changing the course of study or the major agreed upon in the individual's IPE;
6. (f) Keeps current his or her financial obligations with the post-secondary institution;
7. (g) Participates in annual reviews for financial participation in the cost of services pursuant to § 124;
8. (h) Resolves any defaulted student loans or obtains a waiver from the Department of Education regarding any defaulted student loans;
9. (i) Annually submits a financial aid application in accordance with § 122.2(d);
10. (j) Annually provides the Rehabilitation Services Administration a copy of the FAFSA Student Aid Report (SAR) and any other aid awards or scholarships from all sources in accordance with § 122.2(e); and

(k) Signs the Rehabilitation Services Administration's form authorizing each post-secondary institution to provide the Rehabilitation Services Administration with information relating to the individual's training or educational program pursuant to § 122.2(f), at the end of each semester, for the duration of any training program, and the institution has provided the individual's cumulative grade point average.

122.11 An individual must obtain prior written approval from the Rehabilitation Services Administration for any costs the individual expects the Rehabilitation Services Administration to assume. The Rehabilitation Services Administration shall not be responsible for the payment of any post-secondary educational or training costs that the individual may incur before receiving the Rehabilitation Services Administration's written commitment to fund the costs at the post-secondary educational or training institution.

122.12 The Rehabilitation Services Administration shall authorize and process payment of post-secondary educational and training expenses, consistent with §§ 119, 120, 121 and this section, only after:

(a) The Rehabilitation Services Administration receives the individual's cumulative grade point average at the end of each academic year; and

(b) The institution submits to the Rehabilitation Services Administration an invoice that states at a minimum, the costs for courses, training, registration, fees, and other agreed upon services; and

(c) The Rehabilitation Services Administration receives documentation from the training institution that the client has paid his or her authorized share of training costs.

122.13 The Rehabilitation Services Administration may approve only one transfer from one post-secondary institution to another post-secondary institution and only one change in the vocational goal during the vocational rehabilitation process, unless it is determined that exceptional circumstances warrant a change.

122.14 The Rehabilitation Services Administration shall not fund the costs of a post-secondary education for, at the least, the academic semester following:

(a) Dismissal by a post-secondary institution;

(b) The individual's failure to maintain satisfactory academic or other progress in accordance with the institution's academic or performance requirements or financial aid eligibility criteria; or

1. (c) The individual's failure to meet the institution's requirements for progress toward earning a degree or to earn the requisite certificate for the course of study.122.15 Subsequent to § 122.14, the Rehabilitation Services Administration may reconsider funding costs of post-secondary education if the individual:- (a) Provides documentation of successful completion of a C or better while maintaining a full-time schedule at a post-secondary educational institution for one semester; and
2. (b) Complies with the requirements set forth in § 122.2.122.16 The Rehabilitation Services Administration may consider or reconsider an individual's written request to pursue a post-secondary educational program on less than a full-time basis,- (a) Only if the request is accompanied by written documentation from a licensed professional with expertise in the area of the individual's disability, who has assessed the individual's capabilities and determined the individual's need for a reduction from full-time attendance due to their disability. The individual shall submit the request and written documentation annually; or
3. (b) The individual provides documentation that less than full-time attendance is the only way that he or she can pursue the educational or training program.122.17 The Rehabilitation Services Administration shall not provide financial assistance for an individual to:- (a) Enroll in a course that is not required for completion of the educational or training program;
4. (b) Engage in travel that is not a requirement for completion of the course of study or training or travel outside of the United States; or
5. (c) Repeat a course or training program for which the Rehabilitation Services Administration has already paid, unless documentation establishes that exceptional circumstances warrant authorization to repeat the course.122.18 An individual shall not withdraw from a course after the institution's drop and add period is over without receiving the Rehabilitation Services Administration's prior approval. This requirement for prior approval includes, but is not limited to,

instances where the individual has a medical certification of incapacitation that prevents further matriculation.

122.19 An individual who fails to comply with § 122.18 shall be responsible for paying the institution any costs associated with the individual's unauthorized withdrawal.122.20 An individual receiving funding for post-secondary education or related expenditures shall notify the Rehabilitation Services Administration immediately of any change in his or her status as a student or trainee, such as:- (a) Dismissal, probation or suspension from a post-secondary institution or training program;

- (b) Interruption in courses or training for any reason;

- (c) Disciplinary actions that affect completion of the post-secondary or training program; and

- (d) Changes in financial awards or the training institution's authorization.122.21 An individual who fails to comply with § 122.20 may be responsible for paying the academic or training institution any costs associated with the individual's failure to report an immediate change in his or her status as a student or trainee.122.22 The Rehabilitation Services Administration shall not pay for the costs of post-secondary education for the semester in which the individual fails to comply with § 122.20.122.23 The Rehabilitation Services Administration may provide financial assistance to an eligible individual for graduate education only when:- (a) Graduate or professional certification is documented as a commonly recognized standard for entry into the field which is the employment goal on the IPE;

- (b) The approved IPE states that graduate or professional education is necessary and essential to the achievement of the individual's employment goal;

- (c) The graduate or professional school has accepted the individual;

- (d) The Rehabilitation Services Administration approves the request for graduate or professional study; and

(e) The individual who is enrolled in a graduate or professional program maintains the grade point average required by the graduate or professional school for progress toward the specific degree or certificate.

122.24 An individual who is receiving services under an IPE before the effective date of this section shall not be subject to §§ 122.3, 122.4, 122.5, and 122.6 unless:

1. (a) The vocational goal identified in the IPE is achieved;
2. (b) The individual's record of service is closed; or
3. (c) The individual changes their vocational goal, course of study, or major agreed upon in the individual's IPE.

SOURCE: Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4613 (May 28, 2010); as amended by Final Rulemaking published at 61 DCR 13137 (December 26, 2014).