Applicant
means any person who signs or who, by and through his/her representative, i.e. parent, a family member, legal guardian, an advocate, or an authorized representative, causes to be signed, a dated application or letter requesting vocational rehabilitation services from the Mississippi Department of Rehabilitation Services.
Assistive Technology Device
means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
(Authority: Section 7(3) of the Act; 29 U.S.C. 705(3) )
Assistive Technology Service
means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including---
* The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;
* Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;
* Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
* Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
* Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and
* Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.
(Authority: Sections 7(4) and 12(c) of the Act; 29 U.S.C. 705(4) and 709(c) )
Community Rehabilitation Program
means a program that provides directly or facilitates the provision of one or more of the following vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement:
* Medical, psychiatric, psychological, social, and vocational services that are provided under one management;
* Testing, fitting, or training in the use of prosthetic and orthotic devices;
* Recreational therapy;
* Physical and occupational therapy;
* Speech, language, and hearing therapy;
* Psychiatric, psychological, and social services, including positive behavior management;
* Assessment for determining eligibility and vocational rehabilitation needs;
* Rehabilitation technology;
* Job development, placement, and retention services;
* Evaluation or control of specific disabilities;
* Orientation and mobility services for individuals who are blind;
* Extended employment;
* Psychosocial rehabilitation services;
* Supported employment services and extended services;
* Services to family members if necessary to enable the applicant or eligible individual to achieve an employment outcome;
* Personal assistance services; and
* Services similar to the services described above in this definition.
For the purposes of this definition, the word program means an agency, organization, or institution, or unit of an agency, organization, or institution, that provides directly or facilitates the provision of vocational rehabilitation services as one of its major functions.
Comparable Services and Benefits means
I. Services and benefits that are
A. Provided or paid for, in whole or in part,
by other Federal, State, or local public agencies, by health insurance, or by
employee benefits;
B. Available to
the individual at the time needed to ensure the progress of the individual
toward achieving the employment outcome in the individual's individualized plan
for employment in accordance with Sec. 361.53; and
C. Commensurate to the services that the
individual would otherwise receive from the designated State vocational
rehabilitation agency.
II. For the purposes of this definition,
comparable benefits do not include awards and scholarships based on merit.
Competitive
Employment means work---
I. In the competitive labor market that is
performed on a full-time or part-time basis in an integrated setting;
and
II. For which an individual is
compensated at or above the minimum wage, but not less than the customary wage
and level of benefits paid by the employer for the same or similar work
performed by individuals who are not disabled.
(Authority: Sections 7(11) and 12(c) of the Act;
29 U.S.C.
705(11) and 709(c) )
Counseling and Guidance means to give advice,
recommend, consult, and assist the consumer in dealing with issues related to
adjustment to a disability. It can be --
I. Essential
Counseling and Guidance - the
mildest form of "advice giving" based on the counselors experience and
training. The counselor primarily attempts to make the consumer aware of
specific issues concerning services or reminds him/her of things/activities
that need to be done regarding not only the services but also various issues
surrounding those services. Essential
counseling and guidance include subjects
relating to the services that a counselor discusses with all consumers.
Example 1: For surgery, it may include a discussion with the
consumer concerning following doctors orders, when to return to work, taking
medication properly, and what to expect in the hospital.
Example 2: For visual problems, it may include subjects such as
eye protection, regular follow-ups for eye care, and general concerns about
possibility of further eye loss.
Example 3: For hearing aids, it may include protecting hearing,
keeping ear canals clean, caring for aids, and battery requirements.
Example 4: For prosthesis wearers, it may include keeping the
stump clean and dry, changing stump socks, and skin protection.
II. Planned
Counseling and
Guidance - results from the identification of a consumer problem(s) that
requires the counselor and consumer to get together at regular intervals to
discuss the problems(s) and work on its resolution or progress toward the goals
established to resolve the problem. The issues related to adjustment to a
disability such as problems with frustration/depression due to loss of
functional capacities and changes in lifestyle are most likely the reason used
to justify the
counseling and guidance along with other problems that could
possibly arise as the case progresses. There must be documentation to show that
issues discussed, progress and future plans outlined to deal with the issues.
Eligible Individual
means an applicant for vocational rehabilitation services who meets the
following eligibility requirements:
I.
Basic Requirements. The Agency's determination of an
applicant's eligibility for vocational rehabilitation services must be based
only on the following requirements:
A. A
determination by qualified personnel that the applicant has a physical or
mental impairment
B. A
determination by qualified personnel that the applicant's physical or mental
impairment constitutes or results in a substantial impediment to employment for
the applicant
C. A determination by
a qualified vocational rehabilitation counselor employed by the Agency that the
applicant requires vocational rehabilitation services to prepare for, secure,
retain, or regain employment consistent with the applicant's unique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice.
D. A presumption,
in accordance with paragraph (II) of this definition that the applicant can
benefit in terms of an employment outcome from the provision of vocational
rehabilitation services.
II.
Presumption of
Benefit. The Agency must presume that an applicant who meets the
eligibility requirements in paragraphs (A) and (B) of the Basic requirements
above can benefit in terms of an employment outcome unless it demonstrates,
based on clear and convincing evidence, that the applicant is incapable of
benefiting in terms of an employment outcome from vocational rehabilitation
services due to the severity of the applicant's disability.
III.
Presumption of Eligibility
for Social Security Recipients and Beneficiaries
A. Any
applicant who has been determined
eligible for Social Security benefits under Title II or Title XVI of the Social
Security Act is ---
1. Presumed eligible for
vocational rehabilitation services under paragraphs (I) and (II) of this
definition; and
2. Considered an
individual with a significant disability as defined
B. If an applicant for vocational
rehabilitation services asserts that he or she is eligible for Social Security
benefits under Title II or Title XVI of the Social Security Act (and,
therefore, is presumed eligible for vocational rehabilitation services under
paragraph (III)(A)(1) of this definition), but is unable to provide appropriate
evidence, such as an award letter, to support that assertion, the Agency must
verify the applicant's eligibility under Title II or Title XVI of the Social
Security Act by contacting the Social Security Administration. This
verification must be made within a reasonable period of time that enables the
Agency to determine the applicant's eligibility for vocational rehabilitation
services within 60 days of the individual submitting an application for
services.
IV.
Achievement of an Employment Outcome. Any
eligible
individual, including an individual whose eligibility for vocational
rehabilitation services is based on the individual being eligible for Social
Security benefits under Title II or Title XVI of the Social Security Act, must
intend to achieve an employment outcome that is consistent with the
applicant's
unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice.
A. The Agency
is responsible for informing individuals, through its application process for
vocational rehabilitation services that individuals who receive services under
the program must intend to achieve an employment outcome.
B. The applicant's completion of the
application process for vocational rehabilitation services is sufficient
evidence of the individual's intent to achieve an employment outcome, and no
additional demonstration on the part of the applicant is required for purposes
of satisfying paragraph (IV) of this definition.
V.
Interpretation.
Nothing in this definition is to be construed to create an entitlement to any
vocational rehabilitation service.
(Authority: Sections 7(20) (A) and 102(a) (1) of the
Act; 29 U.S.C.
705(20) (A) and 722(a) (1) )
Employment Outcome
means, with respect to an individual, entering or retaining full-time
or, if appropriate, part-time competitive employment in the integrated labor
market to the greatest extent practicable; supported employment; or any other
type of employment, including self-employment, telecommuting, or business
ownership, that is consistent with an individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
(Authority: Sections 7(11), 12(c), 100(a) (2), and
102(b)(3)(A) of the Act; 29
U.S.C. 705(11), 709(c), 720(a)(2), and 722(b)(3)(A) )
Extended
employment
means work in a non-integrated or sheltered
setting for a public or private nonprofit agency or organization that provides
compensation in accordance with the Fair Labor Standards Act.
(Authority: Section 12(c) of the Act;
29 U.S.C.
709(c) )
Extended
Services
means ongoing support services and other
appropriate services that are needed to support and maintain an individual with
a most significant disability in supported employment and that are provided by
a State agency, a private nonprofit organization, employer, or any other
appropriate resource, from funds other than funds received under Title I
(vocational rehabilitation) or Title VI, part B (supported employment), of the
Rehabilitation Act as amended after an individual with a most significant
disability has made the transition from support provided by the Agency.
(Authority: Sections 7(13) and 623 of the Act;
29 U.S.C.
705(13) and 795 i )
Extreme Medical Risk
means a probability of substantially increasing functional impairment or death
if medical services, including mental health services, are not provided
expeditiously.
(Authority: Sections 12(c) and 101(a)(8)(A)(i)(III) of
the Act; 29 U.S.C.
709(c) and 721(a)(8)(A)(i)(III) )
Family Member
for
purposes of receiving vocational rehabilitation services in accordance with
Sec. 361.48(i), means an individual---
I. Who either
A. Is a relative or guardian of an applicant
or eligible individual; or
B. Lives
in the same household as an applicant or eligible individual;
II. Who has a substantial interest
in the well-being of that individual; and
III. Whose receipt of
vocational
rehabilitation services is necessary to enable the
applicant or eligible
individual to achieve an employment outcome.
(Authority: Sections 12(c) and 103(a)(17) of the Act;
29 U.S.C.
709(c) and 723(a)(17) )
Impartial Hearing
Officer
means an individual who ---
I. Is not an employee of a public agency
(other than an administrative law judge, hearing examiner, or employee of an
institution of higher education)
II. Is not a member of the MDRS State
Rehabilitation Council
III. Has not
been involved previously in the vocational rehabilitation of the applicant or
eligible individual
IV. Has
knowledge of the delivery of vocational rehabilitation services, the State
plan, and the Federal and State regulations governing the provision of services
V. Has received training with
respect to the performance of official duties; and
VI. Has no personal, professional, or
financial interest that would be in conflict with the objectivity of the
individual.
An individual is not considered to be an employee of a public
agency for the purposes of this definition solely because the individual is
paid by the agency to serve as a hearing officer.
(Authority: Section 7(16) of the Act;
29 U.S.C.
705(16) )
Individual Who is
Blind
means a person who is blind within the meaning of
applicable State law.
(Authority: Section 12(c) of the Act;
29 U.S.C.
709(c) )
Individual With A Disability for Vocational
Rehabilitation and Supported Employment
means an
individual ---
I. Who has a physical
or mental impairment;
II. Whose
impairment constitutes or results in a substantial impediment to employment;
and
III. Who can benefit in terms
of an
employment outcome from the provision of vocational rehabilitation
services.
(Authority: Section 7(20)(A) of the Act;
29 U.S.C.
705(20)(A) )
Individual with a Disability for Purposes
of Special Disability Programs including independent
living means an individual ---
I. Who
has a physical or mental impairment that substantially limits one or more major
life activities;
II. Who has a
record of such an impairment; or
III. Who is regarded as having such
impairment.
Individual with A Most Significant
Disability
: an individual who meets the criteria for
"significantly disabled" (Section 7(21) of the 1998 Rehabilitation Act
Amendments) and:
I. Whose physical or
mental impairments seriously limit two or more functions in terms of employment
outcomes, and,
II. Who will require
vocational rehabilitation services in order to prepare for, secure, retain, or
regain employment that is consistent with that individual's unique strengths,
resources, priorities, concerns, abilities, capacities, interests, and informed
choice
(Authority: Sections 7(21) (E) (i) and 101(a) (5) (C)
of the Act; 29 U.S.C.
705(21) (E) (i) and 721(a) (5) (C) )
Individual With A Significant
Disability
an individual with a disability ---
I. Who has a severe physical or mental
impairment that seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
II. Whose vocational rehabilitation can be
expected to require multiple vocational rehabilitation services over an
extended period of time; and
III.
Who has one or more physical or mental disabilities or combination of
disabilities determined on the basis of an assessment for determining
eligibility and vocational rehabilitation needs to cause comparable substantial
functional limitation.
(Authority: Section 7(21) (A) of the Act;
29 U.S.C.
705(21) (A) )
Individual's
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 individual's representative.
(Authority: Sections 7(22) and 12(c) of the Act;
29 U.S.C.
705(22) and 709(c) )
Information and Referral Services means
referral and other services necessary to assist individuals with disabilities,
including eligible individuals who do not meet the agency's order of selection
criteria for receiving vocational rehabilitation services when the agency is
operating on an order of selection, to secure needed services from other
agencies and to advise those individuals about client assistance programs. This
includes other components of the statewide workforce investment system.
Integrated Setting
means ---
I.
With respect
to the provision of services, a setting typically found in the
community in which applicants or eligible individuals interact with
non-disabled individuals other than non-disabled individuals who are providing
services to those applicants or eligible individuals;
II.
With respect to an employment
outcome
, a setting typically found in the community in which
applicants or eligible individuals interact with non-disabled individuals,
other than non-disabled individuals who are providing services to those
applicants or eligible individuals, to the same extent that non-disabled
individuals in comparable positions interact with other persons.
(Authority: Section 12(c) of the Act;
29 U.S.C.
709(c) )
Maintenance
means
monetary support provided to an individual for expenses, such as food, shelter,
and clothing, that are in excess of the normal expenses of the individual and
that are necessitated by the individual's participation in an assessment for
determining eligibility and vocational rehabilitation needs or the individual's
receipt of vocational rehabilitation services under an individualized plan for
employment.
Examples: The following are examples of expenses that would
meet the definition of maintenance. The examples are illustrative, do not
address all possible circumstances, and are not intended to substitute for
individual counselor judgment.
* Example 1: The cost of a uniform or other suitable clothing
that is required for an individual's job placement or job-seeking
activities.
* Example 2: The cost of short-term shelter that is required in
order for an individual to participate in assessment activities or vocational
training at a site that is not within commuting distance of an individual's
home.
* Example 3: The initial one-time costs, such as a security
deposit or charges for the initiation of utilities that are required in order
for an individual to relocate for a job placement.
* Example 4: The costs of an individual's participation in
enrichment activities related to that individual's training program.
(Authority: Sections 12(c) and 103(a) (7) of the Act;
29 U.S.C.
709(c) and 723(a) (7) )
Mediation
means the
act or process of using an independent third party to act as a mediator,
intermediary, or conciliator to assist persons or parties in settling
differences or disputes prior to pursuing formal administrative or other legal
remedies.
(Authority: Section 12(c) of the Act;
29 U.S.C.
709(c) )
Mediator (Qualified And
Impartial)
means an individual who ---
I. Is not an employee of a public agency
(other than an administrative law judge, hearing examiner, employee of a State
office of mediators, or employee of an institution of higher
education);
II. Is not a member of
the MDRS State Rehabilitation Council;
III. Has not been involved previously in the
vocational rehabilitation of the applicant or eligible individual;
IV. Is knowledgeable of the vocational
rehabilitation program and the applicable Federal and State laws, regulations,
and policies governing the provision of vocational rehabilitation services;
V. Has been trained in effective
mediation techniques consistent with any State-approved or -recognized
certification, licensing, registration, or other requirements; and
VI. Has no personal, professional, or
financial interest that would be in conflict with the objectivity of the
individual during the
mediation proceedings.
An individual serving as a mediator is not considered to be an
employee of the Agency for the purposes of this definition solely because the
individual is paid by the Agency to serve as a mediator.
(Authority: Sections 12(c) and 102(c) (4) of the Act;
29 U.S.C.
709(c) and 722(c) (4) )
Ongoing Support
Services
as used in the definition of ``Supported
employment''
I. Means services that
are --
A. Needed to support and maintain an
individual with a most significant disability in supported
employment;
B. Identified based on
a determination by the Agency of the individual's need as specified in an
individualized plan for employment; and
C. Furnished by the Agency from the time of
job placement until transition to extended services, unless post-employment
services are provided following transition, and thereafter by one or more
extended services providers throughout the individual's term of employment in a
particular job placement or multiple placements if those placements are being
provided under a program of transitional employment;
II. Must include an assessment of employment
stability and provision of specific services or the coordination of services at
or away from the worksite that are needed to maintain stability based on ---
A. At a minimum, twice-monthly monitoring at
the worksite of each individual in supported employment; or
B. If under specific circumstances,
especially at the request of the individual, the individualized plan for
employment provides for off-site monitoring, twice monthly meetings with the
individual;
II. Consist
of ---
* Any particularized assessment supplementary to the
comprehensive assessment of rehabilitation needs;
* The provision of skilled job trainers who accompany the
individual for intensive job skill training at the work site;
* Job development and training;
* Social skills training;
* Regular observation or supervision of the individual;
* Follow-up services including regular contact with the
employers, the individuals, the parents, family members, guardians, advocates
or authorized representatives of the individuals, and other suitable
professional and informed advisors, in order to reinforce and stabilize the job
placement;
* Facilitation of natural supports at the worksite;
* Any other service identified in the scope of vocational
rehabilitation services for individuals, described in Sec. 361.48; or
* Any service similar to the foregoing services.
(Authority: Sections 7(27) and 12(c) of the Act;
29 U.S.C.
705(27) and 709(c) )
Personal Assistance Services
means a
range of services provided by one or more persons designed to assist an
individual with a disability to perform daily living activities on or off the
job that the individual would typically perform without assistance if the
individual did not have a disability. The services must be designed to increase
the individual's control in life and ability to perform everyday activities on
or off the job. The services must be necessary to the achievement of an
employment outcome and may be provided only while the individual is receiving
other vocational rehabilitation services. The services may include training in
managing, supervising, and directing personal assistance services.
(Authority: Sections 7(28), 102(b)(3)(B)(i)(I), and
103(a)(9) of the Act; 29 U.S.C. 05(28), 722(b)(3)(B)(i)(I),
and 723(a)(9) )
Physical and Mental Restoration
Services means ---
* Corrective surgery or therapeutic treatment that is likely,
within a reasonable period of time, to correct or modify substantially a stable
or slowly progressive physical or mental impairment that constitutes a
substantial impediment to employment;
* Diagnosis of and treatment for mental or emotional disorders
by qualified personnel in accordance with State licensure laws;
* Dentistry;
* Nursing services;
* Necessary hospitalization (either inpatient or outpatient
care) in connection with surgery or treatment and clinic services;
* Drugs and supplies;
* Prosthetic and orthotic devices;
* Eyeglasses and visual services, including visual training,
and the examination and services necessary for the prescription and provision
of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other
special visual aids prescribed by personnel that are qualified in accordance
with State licensure laws;
* Podiatry;
* Physical therapy;
* Occupational therapy;
* Speech or hearing therapy;
* Mental health services;
* Treatment of either acute or chronic medical complications
and emergencies that are associated with or arise out of the provision of
physical and mental restoration services, or that are inherent in the condition
under treatment;
* Special services for the treatment of individuals with
end-stage renal disease, including transplantation, dialysis, artificial
kidneys, and supplies; and
* Other medical or medically related rehabilitation
services.
(Authority: Sections 12(c) and 103(a)(6) of the Act;
29 U.S.C.
709(c) and 723(a)(6) )
Physical or Mental Impairment means ---
I. Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal, special sense organs,
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine; or
II. Any mental or psychological disorder such
as mental retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
(Authority: Sections 7(20) (A) and 12(c) of the Act;
29 U.S.C.
705(20) (A) and 709(c) )
Post-Employment Services
means --- one
or more of the services identified in Sec. 361.48 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 strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice.
Note: Post-employment services are intended to ensure that the
employment outcome remains consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice. These services are available to meet rehabilitation needs that
do not require a complex and comprehensive provision of services and, thus,
should be limited in scope and duration. If services that are more
comprehensive are required, then a new rehabilitation effort should be
considered. Post-employment services are to be provided under an amended
individualized plan for employment; thus, a re-determination of eligibility is
not required. The provision of post-employment services is subject to the same
requirements in this part as the provision of any other vocational
rehabilitation service. Post-employment services are available to assist an
individual to maintain employment, e.g., the individual's employment is
jeopardized because of conflicts with supervisors or co-workers, and the
individual needs mental health services and counseling to maintain the
employment; to regain employment, e.g., the individual's job is eliminated
through reorganization and new placement services are needed; and to advance in
employment, e.g., the employment is no longer consistent with the individual's
strengths, resources, priorities, concerns, abilities, capabilities, interests,
and informed choice.
(Authority: Sections 12(c) and 103(a) (18) of the Act;
29 U.S.C.
709(c) ) and 723(a)
(18))
Presumption
is an assumption of fact
that the law requires to be made from another group of facts already
established. The 1998 Amendments to the Rehabilitation Act have created several
presumptions to streamline the process of determining eligibility.
Rehabilitation Engineering
means the
systematic application of engineering sciences to design, develop, adapt, test,
evaluate, apply, and distribute technological solutions to problems confronted
by individuals with disabilities in functional areas, such as mobility,
communications, hearing, vision, and cognition, and in activities associated
with employment, independent living, education, and integration into the
community.
(Authority: Section 7(12) (c) of the Act;
29 U.S.C.
709(c) )
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 in areas that include education,
rehabilitation, employment, transportation, independent living, and recreation.
The term includes rehabilitation engineering, assistive technology devices, and
assistive technology services.
(Authority: Section 7(30) of the Act;
29 U.S.C.
705(30) )
Substantial Impediment To Employment
means that a physical or mental impairment (in light of attendant medical,
psychological, vocational, educational, communication, and other related
factors) hinders an individual from preparing for, entering into, engaging in,
or retaining employment in an integrated setting that is consistent with the
individual's abilities, capabilities, career interests, and informed choice. A
substantial impediment to employment exists when the physical or mental
impairment results in a functional limitation or limitations that:
1. Require the individual to modify or change
his or her regular occupation;
2.
Make it difficult for the individual to prepare for, secure, retain, or regain
employment;
3. Cause the refusal or
reluctance of the former employer to re-employ the individual because of the
impairment;
4. Necessitate
additional preparation in order to perform the occupation;
5. Result in the deterioration of skills or
of performance in the occupation;
6. Could result in termination of employment
as the impairment progresses;
7.
Reflect a direct relationship between the impairment and the individual's
employability; or,
8. Continue to
exist when an individual is employed, but prevent that individual from
functioning at an occupational level consistent with his/her unique strengths,
resources, priorities, concerns, abilities, capacities, interests, and informed
choice.
(Authority: Sections 7(20) (A) and 12(c) of the Act;
29 U.S.C.
705(20) (A) and 709(c) )
Supported Employment
means ---
I. Competitive employment in an integrated
setting, or employment in integrated work settings in which individuals are
working toward competitive employment, consistent with the strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice of the individuals with
ongoing support services for
individuals with the most significant disabilities ---
A. For whom competitive employment has not
traditionally occurred or for whom competitive employment has been interrupted
or intermittent as a result of a significant disability; and
B. Who, because of the nature and severity of
their disabilities, need intensive supported employment services from the
Agency and extended services after transition as described to perform this
work; or
II.
Transitional employment, as defined, for individuals with the most significant
disabilities due to mental illness.
(Authority: Section 7(35) of the Act;
29 U.S.C.
705(35) )
Supported Employment Services
means
ongoing support services and other appropriate services needed to support and
maintain an individual with a most significant disability in supported
employment that are provided by the Agency ---
I. For a period of time not to exceed 18
months, unless under special circumstances the eligible individual and the
rehabilitation counselor or coordinator jointly agree to extend the time to
achieve the employment outcome identified in the individualized plan for
employment; and
II. Following
transition, as
post-employment services that are unavailable from an
extended
services provider and that are necessary to maintain or regain the job
placement or advance in employment.
(Authority: Sections 7(36) and 12(c) of the Act;
29 U.S.C.
705(36) and 709(c) )
Transition Services
means a
coordinated set of activities for a student designed within an outcome-oriented
process that promotes movement from school to post-school activities, including
postsecondary education, vocational training, integrated employment (including
supported employment), continuing and adult education, adult services,
independent living, or community participation. The coordinated set of
activities must be based upon the individual student's needs, taking into
account the student's preferences and interests, and must include instruction,
community experiences, the development of employment and other post-school
adult living objectives, and, if appropriate, acquisition of daily living
skills and functional vocational evaluation. Transition services must promote
or facilitate the achievement of the employment outcome identified in the
student's individualized plan for employment.
(Authority: Section 7(37) and 103(a) (15) of the Act;
29 U.S.C.
705(37) and 723(a) (15) )
Transitional Employment
as used in the
definition of "Supported employment" means a series of temporary job placements
in competitive work in integrated settings with ongoing support services for
individuals with the most significant disabilities due to mental illness. In
transitional employment, the provision of ongoing support services must include
continuing sequential job placements until job permanency is achieved.
(Authority: Sections 7(35) (B) and 12(c) of the Act;
29 U.S.C.
705(35) (B) and 709(c)
Transportation
means travel and
related expenses that are necessary to enable an applicant or eligible
individual to participate in a vocational rehabilitation service, including
expenses for training in the use of public transportation vehicles and
systems.
Examples: The following are examples of expenses that would
meet the definition of transportation. The examples are purely illustrative, do
not address all possible circumstances, and are not intended to substitute for
individual counselor judgment.
Example 1: Travel and related expenses for a personal care
attendant or aide if the services of that person are necessary to enable the
applicant or eligible individual to travel to participate in any vocational
rehabilitation service.
Example 2: Relocation expenses incurred by an eligible
individual in connection with a job placement that is a significant distance
from the eligible individual's current residence.
(Authority: 103(a) (8) of the Act;
29 U.S.C.
723(a) (8) )
Vocational Rehabilitation Services
as
appropriate to the vocational rehabilitation needs of each individual and
consistent with each individual's informed choice, the Agency assures that the
following vocational rehabilitation services are available to assist the
individual with a disability in preparing for, securing, retaining, or
regaining an employment outcome in an integrated setting that is consistent
with the individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice:
* Assessment for determining eligibility and priority for
services by qualified personnel, including, if appropriate, an assessment by
personnel skilled in rehabilitation technology;
* Assessment for determining vocational rehabilitation needs by
qualified personnel, including, if appropriate, an assessment by personnel
skilled in rehabilitation technology;
* Vocational rehabilitation counseling and guidance, including
information and support services to assist an individual in exercising informed
choice;
* Referral and other services necessary to assist applicants
and eligible individuals to secure needed services from other agencies,
including other components of the statewide workforce investment system and to
advise those individuals about client assistance program;
* Physical and mental restoration services, to the extent that
financial support is not readily available from a source other than the Agency
(such as through health insurance or a comparable service or benefit);
* Vocational and other training services, including personal
and vocational adjustment training, books, tools, and other training materials,
except that no training or training services in an institution of higher
education (universities, colleges, community or junior colleges, vocational
schools, technical institutes, or hospital schools of nursing) may be paid for
with funds under this part unless maximum efforts have been made by the Agency
and the individual to secure grant assistance in whole or in part from other
sources to pay for that training;
* Maintenance, as previously defined;
* Transportation in connection with the rendering of any
vocational rehabilitation service and in accordance with the previous
definition of that term;
* Vocational rehabilitation services to family members of an
applicant or eligible individual if necessary to enable the applicant or
eligible individual to achieve an employment outcome;
* Interpreter services, including sign language and oral
interpreter services, for individuals who are deaf or hard of hearing and
tactile interpreting services for individuals who are deaf-blind provided by
qualified personnel;
* Reader services, rehabilitation teaching services, and
orientation and mobility services for individuals who are blind;
* Job-related services, including job search and placement
assistance, job retention services, follow-up services, and follow-along
services;
* Supported employment services in accordance with the previous
definition;
* Personal assistance services in accordance with the previous
definition;
* Post-employment services in accordance with the previous
definition;
* Occupational licenses, tools, equipment, initial stocks, and
supplies;
* Rehabilitation technology in accordance with the previous
definition, including vehicular modification, telecommunications, sensory, and
other technological aids and devices;
* Transition services in accordance with the previous
definition;
* Technical assistance and other consultation services to
conduct market analyses, develop business plans, and otherwise provide
resources, to the extent those resources are authorized to be provided through
the statewide workforce investment system, to eligible individuals who are
pursuing self-employment or telecommuting or establishing a small business
operation as an employment outcome; and
* Other goods and services determined necessary for the
individual with a disability to achieve an employment outcome.
