Cal. Code Regs. Tit. 9, § 7062.3 - Assessment for Determining Priority Category in Order of Selection

(a) Determining an eligible individual's "priority category" as defined in Section 7051(a)(6) when the Department is operating under an Order of Selection pursuant to Section 7053 of these regulations shall be:

(1) a collaborative effort on the part of Departmental staff and the individual with a disability and, as appropriate, his or her family, or advocates, or designated representative; and

(2) based on information collected from a wide variety of sources; and

(3) based on a review of the individual's daily life, including community, home, school, and work, considering an individual's ability to participate in major life activities, as they impact an employment outcome; and

(4) a consideration of the impact of an individual's impairment/s in each of the functional capacity areas (communication, interpersonal skills, mobility, self-care, work skills and work tolerance).

(5) based on a review of the data that was developed under 7062(g) and 7062(h) to make the eligibility determination; and

(6) based on an assessment of additional data, including data developed under 7062(i), to the extent necessary; and

(7) based on an assessment in the most integrated setting possible and consistent with the individual's needs and informed choice.

(b) The record of services shall include determination of whether any serious limitations in terms of an employment outcome exist in each of the functional capacity areas.

The following factors are to be considered in determining if a serious limitation in terms of an employment outcome exists in each functional capacity area. The factors listed below for each of the functional capacity areas are not considered to be all-inclusive or fully comprehensive.

(1) A serious limitation in terms of an employment outcome is indicated in the area of communication when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to use, give and/or receive verbal/auditory information; or

(B) The individual requires accommodation to use, give and/or receive visual information.

(2) A serious limitation in terms of an employment outcome is indicated in the area of mobility when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to move from place to place; or

(B) The individual is limited in terms of distance and/or terrain that can be traveled.

(3) A serious limitation in terms of an employment outcome is indicated in the area of interpersonal skills when, as a result of the physical and/or mental impairment, the individual requires accommodation to establish and/or maintain appropriate interactions with others.

(4) A serious limitation in terms of an employment outcome is indicated in the area of self-care when, as a result of the physical and/or mental impairment, the individual requires accommodation to plan and/or perform activities of daily living.

(5) A serious limitation in terms of an employment outcome is indicated in the area of work skills when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to learn and/or perform work functions; or

(B) The individual requires accommodation to plan, problem solve and/or organize work functions.

(6) A serious limitation in terms of an employment outcome is indicated in the area of work tolerance when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to sustain the required level of work function; or

(B) The individual is restricted from working in certain work environments which may include, but are not limited to, cold, heat and noise.

(c) The assessment also includes whether the number of "multiple vocational rehabilitation services" as defined in Section 7051(a)(5) are needed over an "extended period of time" as defined in Section 7051(a)(3):

(d) The Department shall provide the individual with a copy of the priority category along with the notice of eligibility and priority for services as referenced in Section 7062(j).

Notes

Cal. Code Regs. Tit. 9, § 7062.3

1. Renumbering of former section 7054 to new section 7062.3, including amendment of section heading and section, filed 5-31-2016; operative 7-1-2016 (Register 2016, No. 23).
2. Editorial correction of subsection (b) (Register 2016, No. 26).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(21) and 721(a)(5); 34 CFR Sections 361.5(b)(30) and (31) and 361.36; and Sections 19011 and 19102, Welfare and Institutions Code.

1. Renumbering of former section 7054 to new section 7062.3, including amendment of section heading and section, filed 5-31-2016; operative 7/1/2016 (Register 2016, No. 23).