Where your future begins
Where your future begins
Status: Archived
Approved Date: April 08, 2019
Paid Work Based Learning Experience
1 Determine the need for a Paid Work-based learning experience (WBLE). These experiences are meant to engage, motivate and augment the learning process for students with a disability.
2 Consult with a VR benefits specialist, along with the student if she/ he is an SSI/ SSDI recipient, the potential impact the wages from the WBLE will have on his/ her benefits.
3 Locate a business who is willing and able to provide a work-based learning experience site. Utilize the Employer Data Bank to find potential business partners. Discuss options with your areas Business Account Manager.
4 Negotiate the essential details of the WBLE (start date, length of the experience, evaluation schedule, knowledge, skills and/ or behaviors to be learned and the agreed upon level of follow up).
Complete a "Request for Certificate of Self Insurance" if the business requests written documentation of worker's compensation coverage. See Form Section.
5. Enter the Pre-Employment Transition Service, Work-based learning experience, in QE2.
6. Complete the Consent for Paid Work- Based Learning Experience obtain signatures of the student, parent or legal guardian or legal representative and VR representative.
7. Complete the I-9 and W-4 with the student the local office I-9 Contact should be the staff member completing these forms with the student or reviewing the documents prior to submitting.
* Follow the instructions on the W-4 form.
* Verify I-9 information with the List A documents (U.S. Passport, Permanent Alien Registration Card, Employment Authorization Documents with photographs, etc.) or with one List B identity document (Driver's License, State ID, School ID with picture, etc.) and one List C employment authorization document (Social Security Card, Birth Certificate, Employment Authorization Document without photograph, etc.).
• Do not make or send copies of ID Proof (driver's license, Social Security card, etc.).
• Verify the birth date on the I-9 with the birth in QE2.
• Enter the actual start date of the WBLE on the I-9.
8. Complete the Direct Deposit Information form (always) and the FOCUS Card Sign-up Form if the student elects the debit card.
9. Complete the Work-Based Learning Experience Information Form.
10. Scan the I-9, W4, Work-Based Learning Experience Information Form, Direct Deposit and FOCUS Card Sign-up Form (if electing the debit card) and email to nde.hr@nebraska.gov and vr.sofiscal@nebraska.gov as soon as possible in order to receive approval prior to the WBL start date. Enter the first name initial and full last name of the student in the subject line of the email.
11. Prepare Case Service Authorization as usual with the NE DEPT of EDUCATION- Rehab Client Training as the provider.
• Include hourly rate and number of hours.
• For total encumbrance that includes FICA, multiply hourly rate x maximum hours x 1.0765.
• Include name, address and phone number of WBLE job site provider.
12. Upon State Office approval, complete and print the authorization. WBLE cannot start until authorization has been approved.
13. Upon acknowledgment of receipt by NDE HR, shred original documents.
14. Prepare the Work- Based Learning Experience Letter Checklist, Work-Based Learning Experience Letter and State Work-Based Learning Experience Timesheet/ Invoice.
15. Give the Work-Based Learning Experience Letter, Work-Based Learning Experience Time Sheet, Bi-Weekly Payroll Schedule and Work-Based Learning Experience report to be used to the work site supervisor prior to the start of the WBLE.
16. If WBLE is being done within VR, please submit "Request Temporary Access" form.
17. Instruct work site supervisor where and when to submit Work- Based Learning Experience Time Sheets.
18. Monitor WBLE as agreed upon with work site supervisor.
19. Process Work-Based Learning Experience Time Sheet/Invoice.
The work-based learning experience results are verbally provided by the employer to the VR Specialist or their designee at a minimum of once per month. The VR Specialist or designee will complete the Work-Based Learning Experience Report. This includes the employer's ratings of the student for Unsatisfactory, Satisfactory and Exceeds Expectation.
20. Changes to WBLE
A. Additional hours - if additional hours are added to an WBLE beyond what was on the original authorization and WBLE Information Form (not to exceed 210 hours), complete a new authorization in QE2 for the additional hours.
B. Extending end date - if the end date of an OJE needs to be extended, extend the end date on the original authorization in QE2 to the new end date.
NOTE: Central Accounting does not need to be notified of date extensions or additional hours added to an existing WBLE.
21. New WBLE
If a client is starting a new WBLE (different job), complete the WLBE Information form and email to NDE HR (NDE.HR@nebraska.gov).
22. Process Completion or Termination of WBLE.
23. Document Outcome of WBLE in a Task note titled either WBLE-Completed or WBLE-Terminated.
Non-Paid Work- Based Learning Experience
1. Determine the need for a Non-Paid WBLE. These experiences are meant to engage, motivate and augment the learning process for students with a disability.
2. Locate an employer who is willing and able to provide a work-based learning site for a Non-paid WBLE.
Utilize the Employer Database in QE2 to find business partners. Staff should also work with Business Account Manager.
3. Negotiate the essential details of the Non-paid WBLE (start and end dates, evaluation schedule, knowledge, skills, abilities and/ or behaviors to be evaluated and the agreed upon level of general supervision by VR).
Provide employer a copy of the Volunteer/Non-Paid Accident Coverage Letter if requested. See Forms section below.
4. Enter the Pre-Employment Transition Service, Work-based learning, in QE2.
5. Complete the Consent for a Non-Paid Work-Based Learning Experience Form and obtain signature of the student, parent, guardian or legal representative and a VR representative.
6. Complete paperwork per these instructions.
• Prepare the Work- Based Learning Experience Letter Checklist and Work- Based Learning Experience Letter.
• Give Work- Based Learning Experience Letter to work site supervisor prior to start of the WBLE.
• Work site supervisor will provide verbal feedback on student’s performance at least monthly and the VR Specialist or designee will document the information on the Work-Based Learning Report form.
• If WBLE is being done within VR, please submit "Request Temporary Access" form.
7. Provide general supervision of Non-paid WBLE.
8. Confirm completion or termination of Non-paid WBLE with work-based learning site and student.
9. Document Outcome of Non-paid WBLE in a Task note titled either Non-Paid WBLE-Completed or Non-paid WBLE-Terminated.
Guidelines for Work Based Learning Experiences:
• Work Based Learning Experiences are limited to 210 hours per experience
• Each student can participate in up to 2 Work Based Learning Experiences during the pre-employment transition services eligibility period (an exception, with justification, can be sought from the Office Director)
• Work Based Learning opportunities can be offered during the two years prior to graduation, including the summer prior to entrance to the second year prior to graduation (e.g. a student who starts his junior year in August 2019 is eligible to participate in a Work Based Learning Experience in May 2019)
Work Based Learning initial Task Note should:
• Articulate a clear rationale for the Work Based Learning Experience, including how the Work Based Learning Experience aligns with goals of existing IEP or 504 services
• Define learning objectives for the student, i.e.
To learn… (specific task)
To develop… (specific skill)
To observe… (specific action)
• Indicate that the rationale and learning objectives have been discussed with the student, parent, teacher, and employer
• If using the support of a worksite skills trainer, clearly state the purpose of the support (WIOA regulations does not allow for the provision of 1:1 level of support for the student to engage in a Work Based Learning Experience. The role of the worksite skills trainer is to teach specific job tasks to perform the job and to provide workplace readiness training at the Work Based Learning Experience site). Worksite skill trainer support would not be expected to equal the number of hours authorized for the Work Based Learning Experience
Work Based Learning conclusion Task Note should:
• Indicate how well the learning objectives were met
• Report any auxiliary learning that took place
• Discuss any issues identified
Types of Work Based Learning Experience (WBLE):
Paid WBLE- Conducted with a government office (federal, state, county or city) or a private business with the student being set up and paid as a student worker on the Department of Education payroll or on the employer’s payroll. The student chooses whether to be paid by direct deposit to a checking or savings account or by a debit card. This arrangement addresses the issue of Worker’s Compensation liability.
Non- Paid WBLE- Conducted with an any employment site with the student not receiving a wage or being set up as an employee. The VR agency is responsible for the general supervision of the student at the work-based learning site. This arrangement does not provide for any liability coverage.
Work-Based Learning Experience Wage:
May be paid on State payroll or employer’s payroll.
Paid WBLE (state paid) - Federal minimum wage plus FICA with no benefits.
Paid WBLE (state paid) - Wages are paid according to the Bi-Weekly Payroll Schedule.
Paid WBLE - Wages are not intended to cover the basic living costs of a client during assessment.
NOTE: The Department of Health and Human Services should not count the WBL Wage as 'income', because it is not considered income for the purpose of determining eligibility for Federal or federally-assisted programs based on need under the provisions of WIOA, Subtitle E, Section 181 (a) (2). When the VR Specialist is aware a family or a student is in receipt of DHHS or Housing Authority benefits or receives a Verification Request form from DHHS/Housing Authority or other federally assisted programs regarding the WBL income, the specialist should complete the “Income Under WIOA” letter and the DHHS Earned Income Verification Form. The information DHHS provides on their website is as follows: Earned Income Verification Form: This form is used to verify income that is received from a job in detail. This form is to be completed by an employer. Please call to request an Earned Income Verification Form for your employer to complete. Please call 800-383-4278 for Economic Assistance or 855-632-7633 for Medicaid.
If a student is going to do a paid WBLE and is getting Social Security they need to let SSA know right away. SSA may have the student complete the EARNED INCOME VERIFICATION REQUEST or provide information on the projected income which may allow income from a WBLE to be discounted so the SSI amount will be unaffected by the WBLE income. It is important to report the WBLE to SSA as quickly as possible so the necessary information is recorded to allow the student to benefit from the Student Earned Income Exclusion (SEIE) and to avoid a situation where the WBLE income could put them in an over payment status. This will necessitate the student going to the Social Security office as this is not a form that VR has access to. This should also be accompanied by the “Income Under WIOA” letter.
Work-Based Learning Experience Fee:
Paid and Non-paid WBLE - A fee may be paid to an employer to conduct or support the work-based learning experience. This fee may be determined as a flat fee or as an hourly rate, e.g. a flat fee of $400 or $10/hour for 40 hours (this is just an example and each fee is negotiated individually with the employer).
If a fee is being paid to the employer, specify the amount in the Work Based Learning Letter, (Paid or Unpaid). The employer gets a copy of this letter and a copy should be kept in the file.
Authorize to the employer for the agreed upon fee.
Review the letter with the terms of the fee to the employer, including the procedure for invoicing Nebraska VR for the fee (invoice must include start and end date of the WBLE, dates of service, flat fee rate or numbers of hours to be paid at hourly rate as appropriate).
If a worksite skills trainer is also required, use work site skills trainer with a signed Service Agreement, per general practice.
Background Screening for WBLE Placements Required by the Employer:
In WBLE situations where the employer requires a background screen, VR may reimburse the employer for the cost of conducting the the background screen.
Income Tax and FICA (Federal Insurance Contributions Act)/Medicare:
• Paid WBLE - Income from an WBLE is not exempt from income tax; hence, the student will be issued a W-2 by the employer of record in January. FICA/Medicare deductions are taken and matched by the employer of record. For SSDI/SSI beneficiaries, the Social Security Administration (SSA) considers any earned income where FICA/Medicare deductions are withheld as wages.
If a student is going to do a paid WBLE and is getting Social Security they need to let SSA know right away. SSA may have the student complete the EARNED INCOME VERIFICATION REQUEST or provide information on the projected income which may allow income from a WBLE to be discounted so the SSI amount will be unaffected by the WBLE income. It is important to report the WBLE to SSA as quickly as possible so the necessary information is recorded to allow the student to benefit from the Student Earned Income Exclusion (SEIE) and to avoid a situation where the WBLE income could put them in an over payment status. This will necessitate the student going to the Social Security office as this is not a form that VR has access to. This should also be accompanied by the “Income Under WIOA” letter.
Length of Work-Based Learning Experience and Schedule:
• Paid/ Non Paid WBLEs are limited to 210 hours. It should be determined how many hours are appropriate for the experience before the start of the experience. This will vary depending on the student and the experience.
• Paid and Non-paid WBLE cannot exceed 40 hours in a workweek.
• Paid and Non-Paid WBLE for students 14 and 15 years old should follow the hour restrictions provided by the Department of Labor: not more than 3 hours on a school day, not more than 18 hours in a school week, not more than 8 hours on a non-school day, not more than 40 hours in a non- school week, not before 7a.m. nor after 7p.m.(9p.m. from June 1st to Labor Day).
Termination of Work-Based Learning Experience:
• Paid and Non-paid WBLE - May be terminated by the work-based learning site, VR or the student.
Hiring:
• Paid and Non-paid WBLE - There is no expectation of the work-based learning site to hire a student following a WBL.
Multiple Work-Based Learning Experiences:
More than one Work-based Learning Experience can be conducted with a student, if appropriate. However, the number of WBLEs per student is limited to 2, unless by exception.
If a student participates in more than one WBLE, a new Work Based Learning Experience Information Form would need to be completed with information regarding the new work-based learning site.
If a student has previously completed a W-4 for the current year, an additional W-4 form is not required for a new work-based learning site.
If a student has previously completed an I-9, and his/her required documents are not expired, an additional I-9 form is not required for a new work-based learning site.
If a student has previously completed a Direct Deposit form, and the banking information has not changed, an additional Direct Deposit form is not required.
When submitting WBLE forms to nde.hr@nebraska.gov and vr.sofiscal@nebraska.gov enter the first name initial and full last name of the student in the subject line of the email. In the body of the email state the student has previously participated in a WBLE experience and none of the other forms (W-4, I-9, Direct Deposit) have changed.
Worker's Compensation