Mich. Admin. Code R. 395.51 - Definitions
Rule 1. As used in these rules:
(a) "Clear and convincing evidence" means
there is a high degree of certainty that the individual is incapable of
benefiting from services in terms of an employment outcome.
(b) The "Client Assistance Program" or the
"CAP" means the program under the rehabilitation act of 1973,
29 USC
732. The CAP provides assistance in informing
and advising all applicants and individuals eligible for vocational
rehabilitation services of all available benefits under the rehabilitation act
of 1973, 29 USC
701 to 7961 . Upon request of such applicants
or eligible individuals, the CAP assists and advocates for such applicants or
eligible individuals in their relationships with projects, programs, and
services provided under the rehabilitation act of 1973,
29 USC
701 to 7961, including assistance and
advocacy in pursuing legal, administrative, or other appropriate remedies to
ensure the protection of the rights of such individuals under the
rehabilitation act of 1973, 29 USC 701 to 7961 and to
facilitate access to the services funded under the rehabilitation act of 1973,
29 USC
701 to 7961 through individual and systemic
advocacy.
(c) "Comparable services
and benefits" means services and benefits, not including awards and
scholarships based on merit, that are provided or paid for, in whole, or in
part, by other federal, state, or local public agencies, by health insurance,
or by employee benefits that are available to the individual at the time needed
to ensure the progress of the individual toward achieving the employment
outcome in the individual's IPE and that are commensurate to the services the
individual would otherwise receive from MRS.
(d) "Competitive integrated employment" means
work that complies with the following:
(i) Is
performed on a full-time or part-time basis, including self-employment, and for
which an individual is compensated at a rate that includes all of the
following:
(A) Is not less than the higher of
the rate specified in section 6(a)(1) of the fair labor standards act of 1938,
29 USC
206 or the rate required under the applicable
state or local minimum wage law for the place of employment.
(B) Is not less than the customary rate paid
by the employer for the same or similar work performed by other employees who
are not individuals with disabilities and who are similarly situated in similar
occupations by the same employer and who have similar training, experience, and
skills.
(C) In the case of an
individual who is self-employed, yields an income that is comparable to the
income received by other individuals who are not individuals with disabilities
and who are self-employed in similar occupations or on similar tasks and who
have similar training, experience, and skills.
(D) Is eligible for the level of benefits
provided to other employees.
(ii) Is at a location where the employee with
a disability interacts for the purpose of performing the duties of the position
with other individuals, for example, other employees, customers and vendors,
who are not individuals with disabilities, not including supervisory personnel
or individuals who are providing services to such employee, to the same extent
that employees who are not individuals with disabilities and who are in
comparable positions interact with these individuals.
(iii) Presents, as appropriate, opportunities
for advancement that are similar to those for other employees who are not
individuals with disabilities and who have similar positions.
(e) "Cost of attendance" means the
total amount it will cost a student to attend school in a year.
(f) "Employment outcome" means, with respect
to the individual, entering, advancing in, or retaining full-time, or, if
appropriate, part-time competitive integrated employment, including customized
employment, self-employment, telecommuting, or business ownership, or supported
employment that is consistent with an individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
(g) "Individualized plan
for employment" or "IPE" means an individualized plan for employment as
described in R 395.67 to R 395.71.
(h) "Michigan Rehabilitation Services or
"MRS" means the part of a network of vocational rehabilitation programs across
the United States authorized by the rehabilitation act of 1973,
29 USC
701 to 7961.
(i) "Part-time employment" means employment
that is permanently assigned to an employee that is less than 30 hours of work
per week.
(j) "Post-employment
services" means one or more vocational rehabilitation services that are
provided subsequent to the achievement of an employment outcome and that are
necessary for an individual to maintain, regain, or advance in employment,
consistent with the individual's unique strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice."
(k) "Pre-employment transition services" or
"Pre-ETS" means the required activities and authorized activities specified in
34 CFR
361.48(a)(2) and
(3).
(l) "Rehabilitation technology" means the
systematic application of technologies, engineering methodologies, or
scientific principles to meet the needs of and address the barriers confronted
by individuals with disabilities.
(m) "Substantial impediment to employment"
means that a physical or mental impairment hinders an individual from preparing
for, entering into, engaging in, advancing in, or retaining employment
consistent with the individual's abilities and capabilities.
Notes
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