MINUTES State Agency of Vocational Rehabilitation Agency Board Meeting March 2, 2022
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MINUTES
State Agency of Vocational Rehabilitation
Agency Board Meeting
March 2, 2022
1410 Boston Avenue
West Columbia, South Carolina 29169
Present: Roxzanne Breland, D.C., Chair
Rhonda Presha, Vice-Chair
Ira Banks, Board Member, (via video)
Lori Bell, Board Member (via video)
Timothy Evatt, Board Member, (via video)
Joseph Thomas, Board Member (via video)
Felicia Johnson, Secretary of the Agency Board and Commissioner
Staff: Carol Anderson, Director of Consumer Services/QA
Audrey Brown, Director of Communications
Jacob Chorey, Director of Planning and Program Evaluation
DeCole Gallman, Area Development Director
Joshua Hair, Information Technology Security Specialist
Deanene Harvey, General Counsel
Anne Mayo, Director of Disability Determination Services
Kimberly Jones, Director of Human Resources
Jerry Neel, Director of Administration
George Pullie, Area Development Director
Breta Rheney, Chief Financial Officer
Rita Rhett, Director of Field Operations
Anthony Snell, Information Technology Resource Specialist
Sabrina Walker, Budget Manager
Guests: Pete Cantrell, Disability Rights of South Carolina
Rebecca Fulmer, Disability Rights of South Carolina
Sandy Jordan, AbleSC
Jackie Taylor, SC Department of Employment Workforce
Kimberly Tissott, AbleSC
Welcome and Opening Remarks
Dr. Roxanne Breland, Chair, welcomed everyone and called the meeting to order at
10:04 a.m. She expressed her appreciation to the Board members attending the
meeting in-person and via video.
1Approval of Minutes
Chair Breland presented the minutes for the December 2021 meeting for the Board’s
approval. Ms. Presha motioned that the minutes be approved as presented. Mr. Tim
Evatt seconded the motion. The minutes were approved unanimously. Chair Breland
then asked Commissioner Johnson to give her update to the Board.
Commissioner’s Comments
Ms. Felicia Johnson, Secretary of the Agency Board and Commissioner, welcomed
everyone and reported staff changes that had occurred since the last board
meeting. Those changes included the retirement of Mr. Mark Wade, Assistant
Commissioner and Mr. Eric Moore, Director of Administration. Ms. Audrey Brown
is now the Director of Communications and Governmental Affairs and will serve as
the Agency’s legislative liaison. Mr. Jerry Neel has been promoted to Director of
Administration. Mr. Alton Johnson is the Director of Facilities, Safety and Security
Management. Ms. Miranda Craig is the Director of Job Readiness Services.
Commissioner Johnson introduced Ms. Breta Rheney, who has been promoted to
Chief Financial Officer for the Agency.
The Agency’s draft response to the RSA 107 Monitoring Report was due February 8
and was submitted on time. Commissioner Johnson shared RSA’s findings and the
Agency’s response.
• Finding 2.1: Non-compliant Written Policies Governing the Provision of
Services for Individuals with Disabilities
• Issue: Has SCVRD developed and maintained written policies as
required for the provision of services that align with the Rehabilitation
Act of 1973, as amended by Title IV of WIOA.
• We agreed with the findings and corrective actions.
Commissioner Johnson shared that a new team is working with Consumer Services
and Quality Assurance to update policies. They are also working with VR Technical
Assistance Centers. VR partners and stakeholders have also been asked to review
and provide feedback on the updated policies.
• Finding 2.2: Insufficient Reciprocal Referral Services
• Issue: Has SCVRD developed and maintained the appropriate reciprocal
referral services and coordination in its agreement with SCCB as
required for the provision of services that align with the Rehabilitation
Act of 1973, as amended by Title IV of WIOA?
• We disagreed with this finding and asked that it be removed.
Commissioner Johnson reported that the current agreement was developed by the
prior leadership at SC Commission for the Blind (COB) and requires that they pay
2for VR services (i.e., addiction, in addition to being blind). RSA stated the agreement
is not reciprocal, and VR should cease and desist billing COB for
services. Commissioner Johnson stated that the Agency has no issue with this and
has stopped billing for services. Since the COB developed the current agreement,
they will revise the agreement and send to VR for review.
• Finding 3.1: Insufficient Internal Controls
• Issues:
Whether SCVRD maintained effective internal control over the
Federal award to provide reasonable assurance that it is
managing the Federal award in compliance with Federal
statutes, regulations, and the terms and conditions of the award.
Whether SCVRD satisfied prior approval requirements in 2
C.F.R. § 200.407.
Whether SCVRD met the Federal requirements for procurement
processes (2 C.F.R. § 200.317), including internal controls for such
processes (2 C.F.R. § 200.302(b)(7)), determining allowability and
allocability of costs (2 C.F.R. §§ 200.403 through 200.405), and
establishment requirements in 34 C.F.R. §§ 361.5(c)(16) and (17),
361.29, 361.49, and 361.60(b)(3)(i).
We agreed with these findings and corrective actions.
Commissioner Johnson reported that there are processes and procedures in place for
internal controls. However, they are not in writing. She stated the documentation is
necessary and staff are working to provide that documentation.
• Finding 3.2: Financial Management Deficiencies
• Issues:
Whether SCVRD assigned obligations and expenditures to the
correct Federal award in accordance with 34 C.F.R. § 361.12; 2
C.F.R. §§ 200.77, 200.302, 200.303(a), 200.309; and 34 C.F.R. §
76.702;
Whether SCVRD established sufficient financial management
over the Federal award to provide reasonable assurance that
SCVRD is managing the Federal award in compliance with
Federal statutes, regulations, and the terms and conditions of the
award; and
Whether SCVRD satisfied the non-Federal share requirements of
Section 101(a) (3) of the Rehabilitation Act and 34 C.F.R. § 361.60.
There were inaccuracies in the report which the Agency corrected
in the response to RSA.
Mr. Joey Thomas asked what the next step is and what is the timeline for the final
report. Commissioner Johnson reported the RSA will review the Agency’s response
to the draft report and make any changes they feel are needed based on the Agency’s
response. A meeting will then be scheduled with RSA. At that time, they will release
3the final report and provide a deadline for the Agency to develop a Corrective Action
Plan (CAP).
Commissioner Johnson reported that RSA included recommendations in the
report. Those recommendations were to identify obstacles to service delivery and
search for ways to improve service delivery and consumer engagement. Additionally,
they recommended the Agency set goals for referrals. Commissioner Johnson
reported that she is not in favor of setting goals for referrals, based on her experience
as a Counselor when referral goals were in place. In order to meet the goals,
Counselors would open cases on anyone, even though they might not need VR
services. This results in more Unsuccessful Closures than Successful Closures. RSA
also recommended that the Agency work to develop more partnerships and
apprenticeships. The Agency is already working on this through the Work Training
Centers and The Learning Empowerment and Resource (LEARN) Center which the
Board will receive an update on in today’s meeting. RSA recommended that the
Agency continue to work on updating policies and internal controls, to include WIOA
measures. Commissioner Johnson reported that this is in progress. The Committee
on Rehabilitation Excellence (CORE) has been restructured and is creating
workgroups to concentrate on referral development, and other priorities outlined in
the RSA 107 Monitoring Report.
Chair Breland stated that she is happy that WIOA focuses on quality versus
quantity. Consumers obtaining and maintaining competitive employment is the
priority.
Legislative Update
Ms. Audrey Brown, Director, reported that with the legislative session resuming in
January, to date there has been no movement on any carryover legislation from last
year that could directly impact the Agency, such as the Employment First Initiative
and the Disabled Self-Employed Development Trust Fund. There has been
considerable discussion in both the House and the Senate regarding tax reform,
education, and reinforcing state infrastructure such as broadband, water, and sewer
services.
Commissioner Johnson presented the Agency’s budget request to the House Ways
and Means Healthcare Subcommittee. The presentation was well received, with
several committee members praising the work of VR. The full Ways and Means
Committee have started meeting on their draft of the budget and have included all
funds requested by VR. The Agency’s presentation to the Senate Finance Committee
has not been scheduled, but it should be held later this month.
On Monday, February 28, 2022, Commissioner Johnson, Jacob Chorey and Ms.
Brown represented the Agency during the House Legislative Oversight
Subcommittee’s meeting on the Department of Commerce. This meeting provided an
opportunity to give an overview of VR services and how the Agency works
independently and collaboratively to develop a strong workforce for South Carolina.
Ten agencies gave testimony and participated in a question/answer session. Ms.
4Brown reported that it is anticipated the subcommittee will propose that a
comprehensive workforce plan be developed that encompasses all the agencies that
testified. If that were to materialize, the WIOA State Plan would be a component of
this broader plan for the state.
Ms. Brown stated that VR is listed as “to study” status by the Legislative Oversight
Committee for this legislative cycle. Agencies are typically studied every seven years.
The Agency has not received any notification at this time.
Ms. Brown also noted two other legislative items. The Senate is proposing a floating
holiday that state staff could take on Confederate Memorial Day, Juneteenth, or any
other day of the year. The request would need to be submitted in writing prior to
January 1. The Senate Medical Affairs Subcommittee has resumed work on Senate
Bill #2 which would split the Department of Health and Environmental Control
(DHEC) into the Department of Behavioral and Public Health (composed of DHEC
health functions and Department of Alcohol and Other Drug Abuse Services
(DAODAS) and the Department of Mental Health (DMH), with the exception of
veteran’s nursing homes and the Department of Environmental Services (composed
of DHEC’s current environmental functions as well as the water resources division
currently at Department of Natural Resources (DNR). This restructure would be
effective June 30, 2023, to allow one full fiscal year for the transition. In the interim,
the DHEC director would become Director of Behavioral and Public Health and
DHEC’s current head of environmental affairs would become the Director of
Environmental Services. Restructuring will remove DAODAS, DMH, DMH
Commission, DHEC and DHEC’s board. Existing DAODAS and DMH heads will
become division heads under the Department of Behavioral and Public Health. The
Veteran’s nursing home programs will move to the Department of Veterans Affairs.
DHEC’s food and safety program will move to the Department of Agriculture, except
shellfish. This restructure reaffirms what the committee discussed last spring. It was
approved by the subcommittee and will go before the full committee tomorrow.
Chair Breland asked how many new positions the restructure would require. Ms.
Brown reported that there are no additional staff requested and the restructure will
reallocate staff.
Ms. Presha asked what the impact to VR would be if the restructure is approved as
outlined. Commissioner Johnson replied there will be no impact to VR. VR will
continue to work closely with DMH and DAODAS for referrals.
Field Operations
Ms. Rita Rhett, Director, reported that the Incentive Plan is scheduled to be
reinstituted July 2, 2022. This will increase morale and retention as well as attract
new employees to the Agency. Ms. Rhett reported that the Field Operations
Department is working with the Human Resource Department on recruiting talented
candidates for vacancies within the Agency, making staffing a priority. The Budget
5Manager is working closely with the Commissioner to ensure financial stability and
sustainability as the Incentive Plan is implemented.
Ms. Rhett reported that 400 more cases have been opened compared to this same time
last year. The Agency has assisted more than 2,500 consumers to maintain
competitiveness. The supply chain is a factor in closing cases. Rehabilitative
equipment and supplies to assist consumers in finding competitive employment are
delayed. Staff is working diligently to provide quality service delivery.
Chair Breland asked about services to youth and the partnership with hospitals. Ms.
Rhett shared that Ms. Anderson would be providing an update on Pre-ETS services
later in the meeting. She reported that Project SEARCH has started in Laurens.
JRT/Facilities/BDS Update
Mr. Jerry Neel, Director, reported that two courses, Forklift Training and Custodial
Training have been loaded to the Litmos® software. These courses assist consumers
with achieving credentials that are required by the Workforce Opportunity and
Innovation Act (WIOA) to show skills gain.
Mr. Neel thanked Ms. Audrey Brown and Mr. Tim Geter (Business Development) for
their efforts that led to a partnership with Nephron Pharmaceuticals. Eight
consumers have been hired full time at a salary of $16/hour. Two more consumers
are expected to be hired soon.
Ms. Miranda Craig, Director of Job Readiness Training presented information on a
pilot project currently underway in the Laurens Office. The project is the model for
The Learning Empowerment and Resource Network (LEARN) Center. Ms. Craig
shared how the project provides foundational skills training and
Occupational/Vocational training. The trainings lead to a credential and gives the
consumers an edge in the job market. The consumers must show progressive skills
that are required by their vocational objective. Chair Breland asked how often the
consumers are tested on their knowledge and how they are considered successful. Ms.
Craig stated that the assessment is conducted every two weeks. Consumers must
meet standards at the end of 12 weeks. Consumers must test 100% skills
competencies demonstration and score 100 on the written test before they earn a
forklift certificate.
Ms. Presha asked how a consumer’s improvement is identified during the evaluation
and if there is no improvement what is the plan to ensure improvement. Ms. Craig
reported that a rubric has been provided so that the staff may identify any area that
needs improvement. If improvement is needed, an assessment to determine what
other supportive services could be provided, such as Job Coach and possibly reviewing
the vocational objective to be sure it is accurate for the consumers. Mr. Thomas
asked how many consumers have participated in the pilot and Ms. Craig responded
10 consumers.
6Mr. Thomas asked for the number of consumers initially employed by Nephron and
how many were still employed. The answer was 8.
Ms. Bell asked if there was a timeline for when the Laurens Pilot Project would be
implemented in other areas. Ms. Craig reported that with the Laurens Pilot, staff
was heavily involved for six months, and the project will be reviewed over the next
eighteen months. Ms. Craig stated that she anticipates this timeline to be shortened
because issues have already been identified and necessary adjustments to the project
have been made. The projection is that during the next fiscal year the
implementation can be done in three months, and a center introduced in each region
each quarter.
Consumer Services Update
Ms. Carol Anderson, Director, shared an update on the current Pre-ETS expenditures
which included staffing costs and school contracts. Chair Breland asked how many
staff are included in the cost. Ms. Anderson stated that only the time a staff person
spends on a transition case is charged to the Pre-ETS set-aside funds. Commissioner
Johnson stated that while the staff is full time, their work schedule may not be full
time with the Pre-ETS program.
Ms. Anderson provided updates to questions from the December 2021 Board meeting
regarding inclusion of the Will Lou Gray Opportunity School and DJJ in Pre-ETS
projects. National 2 Chance Month is April and there will be a two-day seminar held
nd
April 8-9, 2022. The Agency will partner with other stakeholders, to include DJJ and
Will Lou Gray Opportunity School. The keynote speaker is a former consumer who
was incarcerated for twenty years. There will be other topics relative to the re-entry
population to include a presentation on transitional housing. The focus will be to
reduce recidivism. Ms. Anderson also shared that a counselor at the Lexington Area
Office is working with Will Lou Gray School to provide services and information to
those students.
Ms. Anderson shared information regarding the VictorySC program which will
eventually include students from virtual and private schools as well as public
schools. The program will be held year-round and not just during the summer
months. The cost will be a fee per service instead of a fee per student. The four pilot
school districts are Richland 1, Spartanburg 1, Florence 3 and Colleton.
Mr. Thomas asked what the timeline was for expanding to other areas. Ms. Anderson
stated that she will be better prepared to answer that after the pilot is up and
running.
WIOA Performance/State Plan Progress
Mr. Jacob Chorey, Director, reported that Commissioner Johnson had asked him to
research how the age at the time of referral has changed with the implementation of
WIOA. He shared data on Youth vs. Adults at Referral Numbers Served and
Potentially Eligible Pre-ETS trends. Mr. Chorey highlighted the impact of the
referral numbers of youth receiving Pre-ETS services. He also highlighted the impact
7of the COVID-19 pandemic on referrals. Although referrals have declined since WIOA
and Pre-ETS were implemented, we were still serving comparable numbers of people
until the pandemic. The referrals are just listed in a different service category. Mr.
Thomas asked that Mr. Chorey share the five services for Pre-ETS. Those services
are: Work Readiness Training; Counseling on Post-Secondary Education
Opportunities; Work Based Learning Opportunities; Job Exploration Counseling and
Self Advocacy.
Internal Audit
Ms. Keri Dowd-Pugh, Director, reported the Audit Department will be mapping
regulations instead of processes this year. This is an effort to ensure the Agency is
better prepared for RSA Monitoring in the future. The Audit Department will review
the Rehabilitation Act, Uniform Guidance and WIOA. Phase I will focus on receiving
feedback from staff to match departments to regulations, identify the processes, risks
and controls. Phase II will focus on rating the impact and likelihood of risk
events. Once this data is compiled the Executive Team will select an audit plan for
Phase III.
Human Resources (HR) Update
Ms. Kimberly Jones, Director, provided an update on the Agency’s Telework Pilot
Program. If an Agency did not have a telework policy prior to the pandemic, they
must submit a policy and plan to State HR for review and approval. The Agency’s
policy was approved. The Agency is implementing a Telework Pilot Program to
ensure that we comply with State HR policy. Less than 10% of the staff may
participate in the Pilot Program which will begin on March 7, 2022. DDS and certain
positions in the field offices will be included. After ninety days the program will be
evaluated to determine if adjustments need to be made. The Telework Policy will
become part of the Agency’s alternative work schedule. This information was
presented in Zoom sessions with all staff on Tuesday, March 1, 2022.
Ms. Jones reported that the Agency is in the process of developing the plan for State
HR’s review. The plan must show that it benefits the Agency in carrying out its
mission, benefits the employees and benefits the taxpayers of South Carolina. Ms.
Jones stated the goal is to have an approved plan so that the telework program may
be implemented beginning July 1, 2022.
Budget/Financial Update
Ms. Sabrina Walker, Budget Manager, reported on the SFY22 Budget revenues and
expenditures as of February 22, 2022. Current projections are that the Agency’s
expenditures will be lower than the Agency’s revenue. Ms. Walker reported that due
to supply chain issues, she anticipates there will be several expenditures that will be
rolled over to SFY23.
Ms. Walker shared the timeline for the development and approval of the SFY23
Budget. This information will be posted to the VR Intranet for review. A
recommended budget will be reviewed with the Commissioner for her approval. The
budget will be shared at the June 2022 Board meeting for approval.
8Legal Update
Ms. Deanene Harvey, General Counsel, reported that the final check has been mailed
to settle the Equine Therapy proviso contract to Willowbend Farm.
Ms. Harvey shared that effective January 4, 2022, the Policy and Internal Controls
Unit (PICU) was moved under her supervision. The PICU Supervisor begins today,
and the Compliance Analyst will start on March 17, 2022. An additional position,
Policy Analyst, will be hired later. This unit will focus heavily on the
recommendations from the RSA 107 Monitoring report and the Agency’s policies.
Ms. Harvey shared the revised Statement of Work Form. The signature is now
located after the terms and conditions, and will also serve as a Quote Form. This
form will now be housed electronically on the Universal Business System. This form
was implemented on January 24, 2022. Ms. Bell asked if this form was
retroactive. Ms. Harvey stated that they will not be going back to business partners
to complete a new form.
Budget (SFY23 review)
Chair Breland stated that the proposed SFY23 Agency Budget should be shared with
the Board members prior to the June 1, 2022, Board meeting. Ms. Walker will adjust
the timeline to allow for the Board’s review prior to the June meeting.
Disability Determination Services
Ms. Anne Mayo, Director, reported the DDS only had one case in the legacy system
on December 31, 2022, when the maintenance contract expired. The case was a
quality return from Social Security Administration (SSA) and needed a consultative
examination. The last claim cleared on Friday, January 14, 2022. South Carolina is
only the second state to clear all legacy cases prior to the termination of the
contract. Ms. Mayo stated that now staff are focusing on developing better workflows
within the Disability Claims Processing System (DCPS). Production is slowly
increasing and returning to “pre-DCPS” levels. Focus groups are being established
for several adjudicative processes and users from each office will participate. Surveys
to identify training needs for each office and refresher training needs are being
developed as needed. Some examiner caseloads are rising as the examiner learns
DCPS. A task force has been created in each office that consists of a supervisor and
a disability examiner IV. The task force is working with examiners with high
caseloads to reduce their pending cases and alleviate some of the anxiety. DDS also
has a part-time staff that is triaging the staged cases and developing cases prior to
the case being assigned to the examiner. This eliminates upfront phone calls by the
examiner to the claimant to update the file.
Social Security Administration (SSA) delivered the non-federal DCPS program to us
on Monday (February 28). We are starting to test adjudication of Medicaid cases in
DCPS and have already cleared a case. Unlike with federal claims, any non-federal
claim that is in the current system must be manually entered into DCPS. DDS has
2,524 claims to be manually entered into DCPS. DDS only has five support staff on
the non-federal claim staff. Ms. Mayo reported that they are working to develop a
9task force to include some federal staff to assist with the data entry of the non-federal
claims.
On February 8, 2019, the total federal staffing was 308. On February 11, 2022, the
staffing was 261. The examiner staff with less than two years of experience is
25.7%. Our attrition rate for FY22 is 22.1% and the examiner attrition is 35.1%. SSA
has given South Carolina hiring authority for 79 positions that need to be hired by
the end of August. Ms. Mayo reported that DDS has posted for 54 examiners, IT staff,
Consultative Examination Specialist staff and Team Office Support Staff. As of
Monday, February 14, only 46 examiner applications have been received for the state.
The Fair Chance Act, which was implemented on October 1, 2021, is complicating the
hiring process. The Fair Chance Act requires that DDS offer conditional employment
prior to beginning any financial or criminal background checks. SSA is completing
the entire criminal/financial investigation prior to informing the DDS if a potential
employee is suitable for employment. It is taking at least seven weeks for the
complete background check to be completed and for SSA to let us know if the potential
employee is favorable. DDS has lost six candidates due to this lengthy process. SSA
is asking all DDSs to provide data on their experience with the credentialing
process. Ms. Mayo stated that she hopes the information will convince SSA to make
modifications to the process that will shorten the wait time.
Ms. Mayo thanked Commissioner Johnson and Ms. Kimberly Jones for their efforts
to allow DDS to pilot telework. Ms. Mayo stated that she believes it will improve
retention and will be an excellent recruiting tool. She stated that following
yesterday’s ZOOM calls regarding the telework pilot, DDS’s best examiner in
Greenville is turning down a job offer with Prisma Health because of the ability to
telework at DDS.
Chair Breland asked if there were any options during the seven-week waiting period
while the background check is completed. Ms. Mayo stated that there were no
options.
Chair Breland congratulated Ms. Mayo and her staff on their accomplishments with
the transition to DCPS.
Chair Breland reminded the Board of the upcoming meeting dates. She thanked the
Board for their attendance and thanked the guests for their time and attendance.
Chair Breland adjourned the meeting at 12:00 noon.
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