For the purpose of this chapter, the indicated terms are
defined as follows:
"Act" means the federal Rehabilitation Act of
1973 as codified at 29
U.S.C. Section 701, et seq.
"Aggregate data" means information about one
or more aspects of division job candidates, or from some specific subgroup of
division job candidates, but from which personally identifiable information on
any individual cannot be discerned.
"Applicant" means an individual or the
individual's representative, as appropriate, who has completed the Iowa
vocational rehabilitation services (IVRS) Application for Services (R-412), a
common intake application form through a one-stop center requesting IVRS
services, or has otherwise requested services from IVRS; has provided to IVRS
information necessary to initiate an assessment to determine eligibility and
priority for services; is available to complete the assessment process; and has
reviewed and signed the Rights and Responsibilities (IPE-1).
"Appropriate modes of communication" means the
same as defined in 34 CFR
Section 361.5(4).
"Assessment for determining eligibility or in the
development of an IPE" means a review of existing data and, to the
extent necessary, the provision of appropriate assessment activities to obtain
additional information to make a determination and to assign the priority for
services or development of an IPE.
"Assistive technology device" means the same
as defined in Section 3 of the Assistive Technology Act of 1998.
"Assistive technology service" means the same
as defined in Section 3 of the Assistive Technology Act of 1998.
"Benefits planning" means assistance provided
to an individual who is interested in becoming employed, but is uncertain of
the impact work income may have on any disability benefits and entitlements
being received, and is or is not aware of benefits, such as access to health
care, that might be available to support employment efforts.
"Case record" means the file of personally
identifiable information, whether written or electronic in form, on an
individual that is collected to carry out the purposes of the division as
defined in the Act. This information remains a part of the case record and is
subject to these rules even when temporarily physically removed, either in
whole or in part, from the file folder in which it is normally kept.
"Community rehabilitation program" or
"CRP" means the same as defined in
34 CFR Section
361.5(7).
"Comparable services and benefits" means the
same as defined in 34 CFR
Section 361.5(8).
"Competitive integrated employment" means the
same as defined in 34 CFR
Section 361.5(9).
"Competitive integrated work setting," with
respect to the provision of services, means a setting, typically found in the
community, in which applicants or eligible individuals interact with
nondisabled individuals, other than nondisabled individuals who are providing
services to those applicants or eligible individuals, and said interaction is
consistent with the quality of interaction that would normally occur in the
performance of work by the nondisabled coworkers.
"Customized employment" means the same as
defined in 34 CFR Section
361.5(11).
"Department" means the department of workforce
development.
"Designated representative" means any
representative chosen by an applicant or eligible individual, as appropriate,
including a parent, guardian, other family member, or advocate, unless a
representative has been appointed by a court to represent the individual, in
which case the court-appointed representative is the designated
representative.
"Designated state unit" or
"DSU" means Iowa vocational rehabilitation services.
"Division" or "IVRS" means
Iowa vocational rehabilitation services.
"Eligible individual" means an applicant for
services from the division who meets the eligibility requirements.
"Employment outcome" means the same as defined
in 34 CFR Section
361.5(15).
"Extended employment" means the same as
defined in 34 CFR Section
361.5(18).
"Extended services" means the same as defined
in 34 CFR Section
361.5(19).
"Family income," for purposes of calculating
the financial participation rate for services, means those who are financially
responsible for the support of the job candidate and may involve individuals
who live in the same or separate households including partners and
spouses.
"Family member," for purposes of vocational
rehabilitation services, means any individual who lives with the individual
with a disability and has a vested interest in the welfare of that individual
whether by marriage, birth, or choice. A family member is an individual who
either (1) is a relative or guardian of an applicant or job candidate, or (2)
lives in the same household as an applicant or job candidate, who has a
substantial interest in the well-being of the applicant or job candidate, and
whose receipt of vocational rehabilitation services is necessary to enable the
applicant or job candidate to achieve an employment outcome.
"IDEA" means the Individuals with Disabilities
Education Act (20 U.S.C.
Section 1400 et seq.).
"Impartial hearing officer" or
"IHO" means the same as defined in
34 CFR Section
361.5(24).
"Independent living services" or "IL
services" means services authorized under Title VII, Chapter 1, Part
B, of the Rehabilitation Act of 1973.
"Individualized plan for employment" or
"IPE" means a plan that specifies the services needed by an
eligible individual and the responsibilities of the individual with a
disability and other payers. An IPE contains the matter set forth in or
permitted by 34 CFR Section
361.46.
"Individual with a disability" means the same
as defined in 34 CFR Section
361.5(28).
"Individual with a most significant
disability" means the same as defined in
34 CFR Section
361.5(29).
"Individual with a significant disability"
means the same as defined in 34 CFR Section
361.5(30).
"Institution of higher education" or
"IHE" means the same as defined in Section 102(a) of the
Higher Education Act of 1965.
"Job candidate" means an applicant or eligible
individual applying for or receiving benefits or services from any part of the
division and includes former job candidates of the division whose files or
records are retained by the division.
"Job retention waiting list release" means the
mechanism used to remove a job candidate from the division waiting list when
the individual is at immediate risk of losing the job and requires vocational
rehabilitation service(s) or good(s) in order to maintain employment. This
applies only for those service(s) or good(s) that will allow the individual to
maintain employment. After the individual receives said service(s) or good(s),
the individual's file will be closed if the individual is satisfied with the
services provided and requires no further services. If there are additional
services needed, the individual will return to the waiting list, if necessary,
until that point where the individual's priority of service is being
served.
"Maintenance" means the same as defined in
34 CFR Section
361.5(34).
"Mediation" means the same as defined in
34 CFR Section
361.5(35).
"Menu of services" means the services provided
by community partners to assist an individual with a disability in achieving an
employment outcome. Menu of services refers to various services that the
division is able to purchase from an approved CRP or other approved provider on
behalf of a job candidate. The services are selected and jointly agreed upon by
the counselor and job candidate of the division. Payments for services are made
based on a fee structure that is published and updated annually, and there is
no financial needs assessment applied toward the costs of these purchased
services from the community partner.
"Ongoing support services" means the same as
defined in 34 CFR Section
361.5(37).
"Personal assistance services" means the same
as defined in 34 CFR Section
361.5(38).
"Physical or mental impairment" means the same
as defined in 34 CFR Section
361.5(40).
"Physical or mental restoration services"
means the same as defined in 34 CFR Section
361.5(39).
"Plan for natural supports" means a plan
initiated prior to the implementation of the supported employment program that
describes the natural supports to be used on the job; the training provided to
the supervisor and mentor on the job site; the technology used in the
performance of the work; the rehabilitation strategies and trainings that will
be taught to the mentor in order to support and direct the job candidate on the
job; the supports needed outside of work for the job candidate to be
successful; and the methods by which the employer can connect with the job
candidate's job coach/IVRS staff member, or the training program when the need
arises.
"Postemployment services" means the same as
defined in 34 CFR Section
361.5(41).
"Potentially eligible" for the purposes of
preemployment transition services means all students with disabilities. A
student is considered potentially eligible until the student has applied for
services and an eligibility decision has been determined.
"Preemployment transition services" or
"pre-ETS" means those services specified in
34 CFR Section
361.48(a).
"Recognized educational program" includes
secondary education programs, nontraditional or alternative secondary education
programs (including homeschooling), postsecondary education programs, and other
recognized educational programs such as those offered through the juvenile
justice system.
"Rehabilitation technology" means the same as
defined in 34 CFR Section
361.5(45).
"Satisfactory employment" means stable
employment in a competitive integrated employment setting that is consistent
with the individual's IPE and acceptable to both the individual and the
employer.
"Self-employment services" means services to
assist individuals with disabilities to achieve a self-employment outcome
consistent with the individual's abilities, preferences and needs.
Self-employment is a vocational option through the division that is available
only to for-profit businesses intended for operation within the state of Iowa.
The division provides two options within the program, which include the full
self-employment program and micro-enterprise development. These services
provide information, strategies and resources to help the business become
self-sustaining while assisting the individual in assuring all necessary
supports are in place for long-term success.
"Status" means the existing condition or
position of a case. The specific case statuses are as follows:
1. 00-0 Referral for services.
2. 01-0 Potentially eligible
student.
3. 01-1 Closed from
potentially eligible.
4. 02-0
Applicant.
5. 04-0 Waiting
list.
6. 08-0 Closed before
acceptance (from Status 02-0).
7.
10-0 Accepted for services (plan development) adults.
8. 10-1 Accepted for services (plan
development) high school students.
9. 14-0 Counseling and guidance.
10. 16-0 Physical and mental
restoration.
11. 18-Training.
* 18-1 Work adjustment training/assessment.
* 18-2 On-the-job training.
* 18-3 Vocational-technical training.
* 18-4 Academic training.
* 18-5 Secondary education.
* 18-6 Supported employment.
* 18-7 Other types of training (including nonsupported
employment job coaching, job development, ISE).
12. 20-0 Ready for employment.
13. 22-0 Employed.
14. 24-0 Services interrupted.
15. 26-0 Closed rehabilitated.
16. 28-0 Closed after IPE initiated (from
Status 14-0 through 24-0).
17. 30-0
Closed before IPE initiated (from Status 10-_).
18. 32-0 Postemployment services (from Status
26-0).
19. 33- Closed after
postemployment services (from
Status 32-0).
* 33-1 Individual is returned to suitable employment or the
employment situation is stabilized.
* 33-2 The case has been reopened for comprehensive vocational
rehabilitation services.
* 33-3 The postemployment services are no longer assisting the
individual and further services would be of no assistance.
20. 38-0 Closed from Status 04-0 (individual
does not meet one of the waiting list categories, and the individual no longer
wants to remain on the waiting list or fails to respond when contacted because
individual's name is at the top of the waiting list).
"Student with a disability" means an
individual with a disability in a secondary, postsecondary, or other recognized
education program who is not younger than 14 years of age and not older than 21
years of age; and is eligible for, and receiving, special education or related
services under Part B of the Individuals with Disabilities Education Act or is
a student who is an individual with a disability, for purposes of Section
504.
"Substantial impediment to employment" means
the same as defined in 34
CFR Section
361.5(52).
"Supported employment" means the same as
defined in 34 CFR Section
361.5(53).
"Supported employment services" means the same
as defined in 34 CFR Section
361.5(54).
"Transition services" means the same as
defined in 34 CFR Section
361.5(55).
"Transportation" means the same as defined in
34 CFR Section
361.5(56).
"Vocational rehabilitation services" means the
same as defined in 34 CFR
Section 361.5(57).
"Waiting list" means the listings of eligible
individuals for vocational rehabilitation services who are not in a category
being served, otherwise known as "order of selection" under the Workforce
Innovation and Opportunity Act of 2014.
"Youth with a disability" means the same as
defined in 34 CFR Section
361.5(58).
