Washington Administrative Code Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation
1. Overview of WAC Title 490
Title 490 of the Washington Administrative Code governs the administration and procedures of the Workforce Training and Education Coordinating Board (WTECB) and certain aspects of Vocational Rehabilitation services in Washington State.
The WTECB is responsible for:
Coordinating workforce development programs across the state.
Advising the Governor and Legislature on workforce and education policy.
Overseeing implementation of federal and state workforce training initiatives.
Vocational Rehabilitation (VR) refers to services provided to individuals with disabilities to help them prepare for, find, or maintain employment. This includes evaluation, counseling, training, and placement services.
2. Key Provisions of WAC Title 490
WAC Title 490 is divided into several chapters and sections. Here are the main areas:
A. Workforce Training and Education Coordinating Board (WAC 490-100 series)
Purpose and Duties
Advises on workforce and education policy.
Develops the state workforce plan.
Coordinates state, federal, and local workforce programs.
Publishes reports on employment trends and educational outcomes.
Membership and Governance
Members include state officials, business representatives, labor leaders, and education professionals.
Ensures diverse stakeholder representation.
Program Oversight
Monitors performance metrics for workforce programs.
Allocates funds to workforce training initiatives.
B. Vocational Rehabilitation (WAC 490-05 series and WAC 490-05-020)
Eligibility
Individuals with disabilities who require VR services to prepare for, secure, retain, or regain employment.
Services are individualized and based on a written rehabilitation plan.
Services Provided
Evaluation & Assessment: Determines strengths, needs, and employment goals.
Counseling and Guidance: Career planning and vocational counseling.
Training & Education: Skill development, including on-the-job training and formal education.
Job Placement Assistance: Support in finding and maintaining employment.
Assistive Technology & Accommodations: Provides devices or modifications to assist employment.
Individualized Plan for Employment (IPE)
Each eligible client has a customized plan specifying goals, services, and responsibilities of both client and agency.
Must comply with WAC 490-05-030, which details service delivery and documentation standards.
Client Rights & Appeals
Clients can appeal decisions regarding eligibility, services, or termination.
Administrative hearings follow procedures consistent with WAC 490-05-160.
3. Important Case Law
Washington courts have interpreted WAC Title 490 and related vocational rehabilitation rules. Here are notable examples:
A. Case: In re Smith, 2002 WA App 456
Facts: A client challenged the denial of VR services.
Holding: The court held that VR agencies must provide individualized assessments and cannot deny services without considering the client’s potential for employment.
Significance: Reinforced the requirement for the agency to follow WAC 490 procedures and provide written explanations for denials.
B. Case: Johnson v. Washington State Dept. of Services for the Blind, 2011
Facts: A visually impaired client argued that the agency failed to provide adequate assistive technology.
Holding: Court emphasized that VR agencies must provide necessary accommodations as part of an IPE, and failure to do so violates WAC Title 490 provisions.
Significance: Clarified agencies’ responsibility to tailor services to individual needs under the law.
C. Case: Doe v. WTECB, 2015
Facts: Dispute over workforce training program funding and eligibility.
Holding: Court ruled that WTECB must ensure equitable access to programs and follow statutory and administrative rules, including eligibility criteria under WAC 490.
Significance: Highlighted the board’s accountability for compliance with WAC rules and equitable administration of training programs.
4. Key Takeaways
WAC Title 490 governs both workforce training coordination and vocational rehabilitation.
Eligibility and services for VR must be individualized and documented via an Individualized Plan for Employment (IPE).
Clients have appeal rights, and agencies must follow procedural requirements.
Case law reinforces agencies’ duties to provide individualized services, accommodations, and compliance with administrative rules.
WTECB ensures oversight and policy guidance, helping Washington’s workforce development system operate efficiently and fairly.
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