R. 395.51 - Definitions

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) "Client Assistance Program" or "CAP" means the mandated program authorized under the rehabilitation act of 1973, 29 U.S.C. 701, which provides individual and systemic advocacy services to all MRS applicants and eligible individuals including additional information, problem resolution assistance, and assistance with an appeal.

(c) "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 U.S.C. 206(a)(1) or the rate required under the applicable state or local minimum wage law.

(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 persons, for example, customers and vendors, who are not individuals with disabilities. This requirement does not include 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 other persons.

(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.

(d) "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 that the individual would otherwise receive from the designated state vocational rehabilitation agency.

(e) "Cost of attendance" means the total amount it will cost a student to attend school in a year.

(f) "Employment outcome" means entering or retaining full-time employment, or if appropriate, part-time competitive employment in the integrated labor market, supported-employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership, that is consistent with an individuals strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(g) "Individualized plan for employment" or "IPE" means a written document prepared on a form approved by MRS and developed to afford the individual meaningful opportunity to exercise informed choice in the selection of the following:

(i) Employment goal.

(ii) Specific vocational rehabilitation services required to achieve the employment goal.

(iii) Entities that will provide services.

(iv) Methods of service provision.

(h) "Job in jeopardy" means an individual who is in danger of being terminated from his or her job due to disability-related factors.

(i) "Michigan Rehabilitation Services or "MRS" means the part of a network of vocational rehabilitation programs across the United States authorized by the federal rehabilitation act of 1973, as amended, PL 105-220.

(j) "Part-time employment" means employment that is permanently assigned to an employee that is less than 30 hours of work per week.

(k) "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.

(l) "Seasonal employment" means employment as defined by the United States department of labor to be less than 5 months duration and is linked to seasonal or climatic conditions.

(m) "Substantial impediment to employment" means a physical or mental impairment that materially hinders an individual from preparing for, engaging in, or retaining employment consistent with the individuals abilities and capabilities.

(n) "Substantial services" means services that are provided in the context of a counseling relationship and the individuals informed choice, and that make a significant contribution to the individuals employment outcome. Substantial services may be provided directly, purchased, or arranged.

(o) "Temporary employment" means employment for 180 days or less.

(p) "Underemployment" means employment in which there is a significant discrepancy between the individual's demonstrated abilities and capabilities and the demands of the current job.

(q) "Unsteady employment" means employment that is seasonal, intermittent, temporary, permanently part-time, or subjects the individual to a pattern of layoffs or variations in the availability of work.

(r) "Vocational rehabilitation services" or "VRS" means those services available to assist the individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individuals strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Services provided shall be published in MRS policy and be made available to the public.

(2016 MR 24, Eff. Jan. 5, 2016)

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