16-Attachment C- 2025 Pre-ETS SOW.docx

ATTACHMENT C

SCOPE OF WORK

Pre-Employment Transition Services (Pre-ETS) 2026

1. PURPOSE/BACKGROUND

In order to help meet the federal mandates in the Workforce Innovation and Opportunity Act (WIOA), the Department of Workforce Services, Utah State Office of Rehabilitation (DWS-USOR) is funding contracts to provide Pre-Employment Transition Services (Pre-ETS) to students who are eligible and potentially eligible for Vocational Rehabilitation Services. The 5 required Pre-ETS as defined by WIOA are listed in Section 2.

2. PROGRAM SERVICES

Pre-ETS for students with disabilities must be provided primarily in an individualized (1-1) format. Pre-ETS services may be provided in school settings, after-school programs, or community-based programs.

a. May provide services virtually if virtual services are appropriate and meets the needs of the student(s).

b. Must be able to revert to offering in person services if needed.

c. Must provide services in at least 19 of the 29 counties in Utah.

d. Must provide services in all of the five (5) required Pre-ETS and include opportunities to support students in paid work experiences. Services provided by Contractor shall include the following Pre-ETS:

i. Job Exploration Counseling- Activities intended to provide the student with information about in-demand occupations, labor market information, career pathways, and interests. Examples: Completing interest assessments, researching local labor market information, identifying career pathways, and utilization of online resources such as O*NET OnLine (www.onetonline.org).

ii. Counseling on Opportunities for Enrollment in Comprehensive Transition or Post-Secondary Educational Programs at Institutions of Higher Learning- Activities designed to expose students to options for enrollment and engagement in post-secondary educational training. Examples: Taking a campus tour, helping a student research scholarship opportunities and financial aid, exploring the education needed to succeed in a career pathway, and helping a student research fields of study available at college campuses.

iii. Workplace Readiness Training- Activities designed to promote the development of job readiness, social skills, and independent living skills needed to succeed in a career. Examples: Providing financial literacy classes, social skills training, and job readiness instruction (soft skills instruction).

iv. Instruction in Self-Advocacy- Activities designed to assist a student in effectively communicating his or her own needs and desires. Examples: Participation in leadership activities, assisting a student with understanding how to request an accommodation, and classes on decision making and problem solving.

v. Work-Based Learning- Activities designed to use competitive and integrated work environments to gain skills. Examples: Summer work experiences, internships, job shadowing, and temporary work experience opportunities.

1. Tier 1 WBLEs include worksite learning opportunities such as job shadows, informational interviews, and business tours.

2. Tier 2 WBLEs include unpaid experiences such as volunteer opportunities and unpaid internships.

a. Must be based on a student's interests and preferences.

b. Must be 2-6 weeks in length, unless approved in advance by DWS-USOR.

c. Contractor must support student and employer throughout the experience (if applicable).

3. Tier 3 WBLEs include paid work experiences. Students must complete Job Exploration Counseling to identify their interests and preferences prior to developing a WBLE placement.

a. Grantees will be responsible for finding and coordinating the Tier 3 WBLE for the student and must ensure WBLEs are individualized and reflective of the job exploration outcome. The work-experience opportunity should benefit the student and be in accordance with their interests and preferences.

b. Tier 3 WBLEs must be 4-10 weeks in length and not exceed three (3) calendar months to complete.

c. Students participating in Tier 3 WBLEs shall work at least six (6) hours per week and not over 20 hours per week, unless an exception is warranted and approved by DWS-USOR in advance.

d. Students must be paid wages that are commensurate with the starting wage for individuals without disabilities for that position (and must be at or above minimum wage).

e. Employers must pay worker’s compensation and applicable taxes.

f. It is the preference of DWS-USOR that employers compensate students directly. However:

i. If the employer is unable to compensate the student, the employer may be reimbursed by the Grantee for student wages; or

ii. The Grantee may compensate the student directly, but must pay the student wages that are commensurate with the starting wage for individuals without disabilities as well as worker’s compensation and applicable taxes. If the Grantee chooses to compensate the student directly, they shall be responsible for related liability.

g. Contractor must support student and employer throughout the experience (if applicable).

4. Whenever an employment relationship exists, Grantee will ensure the employer is held responsible per the U.S. Department of Labor to fully comply with all applicable sections of the Fair Labor Standards Act (FLSA).

For a list of approved billable activities, refer to Attachment D: Approved Billable Pre-ETS Activities.

3. CONTRACTOR RESPONSIBILITIES

Contractor shall be responsible for the following:

a. Ensuring program staff are adequately trained and supervised. Program staff must have signed a code of conduct, non-disclosure, and passed a background check prior to working independently with students.

b. Program staff must complete Pre-ETS training provided by DWS-USOR prior to working independently with students.

c. Program staff must complete subsequent DWS-USOR provided Pre-ETS training as directed by DWS-USOR.

d. Ensuring that the student meets the definition of a student with a disability as outlined in Section 4 prior to providing services.

e. Gaining approval from DWS-USOR prior to commencing with services for each student.

i. Names of potential students shall be sent to DWS-USOR prior to providing any services.

ii. Names will be approved or denied by DWS-USOR based upon the status of the student based upon factors such as:

1. Necessity and appropriateness of service.

2. Duplication of services (cross-over between contractors and VR participation needs).

3. Student’s eligibility to participate in services.

4. Eligible DWS-USOR students will need to be screened by the Pre-ETS. Program specialist and approved by their VR Counselor prior to commencing services.

f. Collecting both DWS-USOR and federally required data elements on students served as follows:

i. Name

ii. Date of Birth

iii. Student Contact Information

iv. Race

v. Ethnicity

vi. Social Security Number

vii. Student with Disability/Documentation of Disability

viii. Pre-ETS services provided with start and end dates

ix. School Attending

x. Confirmation if the student has an Individual Education Program (IEP), 504 Plan, or a Disability for Purposes of Section 504 of the Rehabilitation Act.

xi. Gender

g. Collecting disability documentation of each student served and uploading the documentation to DWS-USOR’s case management system within five business days. Failure to comply may result in DWS-USOR withholding payment and potential termination of contract.

h. Completing a minimum of a monthly casenote for each student served.

i. Adhering to Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and acquiring appropriate releases to share information. As it pertains to any third party information, Contractor shall adhere to FERPA or any other relevant legal authority. Contractor shall be responsible for obtaining written consent to release recipient’s personal information to DWS-USOR. Contractor shall maintain and provide documentation of these consents.

j. Conducting pre- and post- surveys provided by DWS-USOR. Contractor shall administer surveys to students upon completion of the Pre-ETS service. Survey results will be used to assist DWS-USOR in identifying best practices for Pre-ETS service delivery.

k. Developing relationships with Utah’s local businesses, Local Education Agencies (LEAs or schools), Institutions of Higher Learning, local Vocational Rehabilitation (VR) offices, and other partners necessary to effectively and efficiently serve students.

l. Recruiting students to participate in services in order to generate referrals/enrollment.

m. Gaining approval from DWS-USOR prior to any changes in services or program implementation.

n. Sending materials (curriculum, marketing tools, resources) to DWS-USOR for approval prior to use with students. Contractors shall add the DWS-USOR logo to materials once approved for use.

4. POPULATION SERVED

1. In order to be eligible to participate, students served must meet the definition of a “student with a disability” and meet all three (3) criteria as follows:

a. Age 14-21. Individuals turning 22 after June 30th continue to meet the age requirements of a student with a disability for the remainder of the school year.

b. Enrolled in an educational institution as follows:

i. Secondary Education programs, including non-traditional programs and alternative programs such as homeschooling and those offered by Juvenile Justice Services; or

ii. Post-Secondary programs, which result in an academic or vocational credential.

NOTE: Programs include those with at least 100 hours or one (1) month in length resulting in a specific occupational credential.

2. Have a disability and be able to provide the Contractor with documentation of the student’s disability such as the following:

a. Approved DWS-USOR form 79, USOR Pre-Employment Transition Services Participation form signed by licensed professional.

b. Copy of Individualized Education Program (IEP).

c. Copy of 504 plan.

d. Social Security award confirmation/letter.

e. Letter/medical records/evaluation from licensed medical professional

3. Students must meet all three (3) criteria in order to be eligible to begin receiving contracted services. If during the provision of services the student no longer meets the definition of a student, they may finish out their service, but may not begin a new contracted service.

4. Contractor may serve students who are eligible for individualized services with DWS-USOR and receive referrals from the student’s Vocational Rehabilitation Counselor.

5. OUTCOMES/DELIVERABLES

Contractor shall:

1. Deliver Pre-ETS to students with disabilities.

2. Administer pre- and post- surveys on Pre-ETS services delivered (services marked in Section 1).

a. Pre- and post-surveys shall be provided by DWS-USOR prior to utilization and be used to measure skill gain in each of the Pre-ETS core services delivered by the Contractor.

b. Pre- surveys shall be utilized to determine the student’s baseline knowledge of each of the Pre-ETS services received.

c. Post-surveys shall be utilized to measure student skill gain.

d. In year one (1), pre- and post- surveys will be utilized to establish baseline data. Upon completion of year one (1), DWS-USOR and Contractor will negotiate a target student skill gain for year two (2) and year three (3).

e. Year three (3) data will be considered when issuing contracts in year four (4).

f. Contractor shall include a status report of pre- and post-survey implementation with DWS-USOR on a quarterly basis (as required in Section 6) and when requested by DWS-USOR.

g. DWS-USOR will review pre-post progress with the contractor at the time of monitoring.

6. REPORTING

1. Contractor shall:

a. Provide a quarterly status report on their program to DWS-USOR.

i. Quarterly reports must be received by DWS-USOR by the end of each fiscal quarter (January 15th, April 15th, July 15th, and October 15th).

ii. Quarterly report shall include:

1. Number of students who received one (1) or more Pre-ETS that quarter.

2. Outreach efforts and partnerships built (a description of entities that the Contractor marketed services, such as LEA’s, institutions of higher education, employers, State agencies, and other community entities).

3. Student success stories (description of any noteworthy student success such as positive feedback from employers, unique career exploration opportunities, demonstration of applied self-advocacy, and student community connections).

b. Contractor will be given user access to DWS-USOR’s case management system to enter student data, disability documentation, and to track Pre-ETS provided with service dates. Contractor’s user will need to ensure compliance with the reporting requirements as listed below:

i. Contractor must enter student information as outlined in Section 3 within five (5) business days of service delivery through access to DWS-USOR’s case management system.

ii. Update the student’s Pre-ETS service dates at a minimum of monthly in the Aware case management system and adhere to the Federal reporting quarterly deadlines to ensure accurate data is submitted to the Rehabilitation Services Administration in a timely manner.

iii. Data shall be current and received by DWS-USOR within 15 days of the end of each fiscal quarter (January 15th, April 15th, July 15th, and October 15th).

c. Contractor will be required to enter a minimum of a monthly progress note in DWS-USOR’s case management system.

i. Progress notes shall include a description of activities and services provided.

ii. Progress notes shall be unique to each student and include how the contractor provided information on connecting with DWS-USOR.

iii. Upon completion of the required Pre-ETS, the contractor shall add a final progress note summarizing specific services provided prior to invoicing DWS-USOR for that activity. For example, if the contractor provided Job Exploration Counseling, a casenote summarizing the activities shall be included in the case management system. Refer to Attachment D: Approved Billable Pre-ETS Activities.

7. USER TRAINING

1. Contractor agrees to train authorized users accessing information under this agreement, on relevant statutes prescribing confidentiality and safeguarding requirements, disclosure prohibitions and penalties for unauthorized access or disclosure. Contractor shall have the right to review disclosure training and request or suggest any changes necessary.

8. ORIENTATION MEETING

1. Contractor’s contract administrator and fiscal manager and all other applicable staff shall attend a Contract Orientation meeting (TBA).

2. Contractor will receive training on contract requirements and reporting.

9. MONITORING

1. Monitoring: DWS-USOR will formally monitor Contractor at a minimum of once per year, but more frequently as deemed necessary. Formal monitoring may include reviewing fiscal records, reviewing student files, interviewing Contractor staff, students, families and educators/referral sources.

2. Site Visits: DWS-USOR will schedule site visits during the contract period to observe services delivered to ensure they are compliant with the allowable Pre-ETS activities, and as outlined and agreed upon in the Contractor’s contract.

3. Other monitoring may include, but is not limited to, technical assistance, desk reviews, expenditure document review, surveying of participants and community partners, or monitoring by a third party.

4. The Contractor shall resolve any concerns, findings or recommendations within the time periods identified by DWS-USOR. Any unresolved issues may result in Contractor’s repayment of disallowed costs and evaluation of future contract awards and renewals.

10. BUDGET

Funding

1. Funding shall be contingent upon full receipt of anticipated state and federal funds by DWS-USOR and the Contractor’s fulfillment of all conditions within this contract.

2. The funding for year 1 of the contract shall be considered obligated by DWS-USOR on the execution date of this contract. The funding for each subsequent year of the contract shall be considered obligated by DWS-USOR on the first day of the applicable year thereafter.

3. DWS-USOR shall retain any funds left unexpended or unobligated at the end of each year.

4. Contractors may request up to the following yearly allocation:

a. 2 million/year.

b. It is the preference of DWS-USOR that entities will offer services in underserved (rural, frontier) counties in the state.

c. Service area and budget may be negotiated at the time of contract award.

5. DWS-USOR will award contracts according to the maximum rates as listed below:

a. Job Exploration Counseling: $500

b. Workplace Readiness Training: $1000

c. Counseling on Opportunities for Enrollment in Post Secondary: $500

d. Instruction in Self-Advocacy: $750

e. Work Based Learning Experiences

i. Tier 1 WBLE: $500

ii. Tier 2 WBLE: $1500

iii. Tier 3 WBLE Development/Placement: $3000

iv. Tier 3 WBLE Employer Training Fees: $1600/student

1. Contractor shall adhere to program requirements outlined in Section 2: Program Services.

2. Student wages/taxes/insurance fees may not exceed $1600 and will be paid at $20/hour. This fee shall be utilized to cover the students wages, taxes and insurance.

f. Rural Fee $250

i. $250 rural fee for each student served individually living in a rural area as defined by census data to compensate for costs incurred to serve students in a rural area such as travel/mileage of staff. Rural fees may be paid once per student, regardless of the number of Pre-ETS provided.

g. Contractors shall invoice DWS-USOR for above listed services after completing activities listed on Attachment D: Approved Billable Pre-ETS Activities.

h. Contractors shall include auxiliary aids and services that may be needed for students with disabilities with sensory impairments to access Pre-ETS in the budget sheet. Examples include interpreters, readers, and auxiliary aids.

6. Any changes in budget requiring approval shall be submitted to DWS-USOR no less than two (2) months prior to contract end.

11. Invoicing/Non-Allowable Expenses

1. Contractor shall invoice DWS-USOR based on the fees listed in section 10.

2. Contractor shall receive payment for expenditures covered in section 10.

3. Contractor shall be expected to invoice DWS-USOR monthly.

4. Contractor shall invoice DWS-USOR for services provided at the conclusion of service delivery. For example, if Job Exploration was initiated on April 1st, but concluded on May 5th, this shall be included on the May invoice.

5. The State Fiscal Year is from July 1st to June 30th. Contractor shall submit all invoices for services performed on or before June 30th of a given fiscal year no later than July 15th of the subsequent fiscal year.

6. Contractor shall submit all invoices within 30 days following the end of the contract period.

7. Contractor must submit documentation with invoices

a. For all services, Contractor shall submit documentation of students served; including hours and type of service provided during that billing cycle.

b. DWS-USOR shall review for approval of allowable expenditures.

c. DWS-USOR shall not provide reimbursement for expenditures not identified in the contract budget, unallowable costs, or reimbursements submitted without the back-up documentation.

8. If Contractor is not compliant with tracking and data, DWS-USOR may withhold payment until rectified.

Non-Allowable Expenses:

1. Monies used for purposes outside of the request for proposal or specific provisions set forth by DWS-USOR are strictly prohibited. In addition, monies from this contract may not be allocated for the purposes listed below:

a. Expenditures which personally benefit staff of DWS-USOR or Contractor.

b. Expenditures for entertainment purposes.

c. Utilizing the funds to reimburse services already provided from another source.

d. Expenditures for political purposes, including but not limited to campaigning, advocating, propaganda, and other such activities.

e. DWS-USOR may require repayment for all monies used inappropriately from a Contractor and may disallow future funding for recipients that violate spending requirements.

2. Per federal guidance, the cost of transporting students (such as through reimbursement for company owned vehicles, mileage, and bus passes) may not be factored into the Contractor’s budget and paid with DWS-USOR funds.

3. Monies used for the purchase of a building are prohibited.

4. Monies used to purchase food and beverages for events and students are prohibited.

5. Services designed to place students in long-term or permanent jobs, and job coaching services (for example, hard skills building) are unallowable.