13 CSR 40-91.020 - Vocational Rehabilitation for the Blind
PURPOSE: This amendment makes broad changes to the Vocational Rehabilitation program to ensure compliance with federal law and regulations, ensure federal language is not replicated where possible, and reduce regulations/restrictions where practical.
PURPOSE: This rule establishes the guidelines for provision of vocational rehabilitation services to applicants and eligible clients as mandated by the Rehabilitation Act of 1973 ( P.L. 93-112 ), as amended through 2020, 34 CFR 361 and 34 CFR 363. These services are authorized by sections 207.010, 209.010 and 209.020, RSMo.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) The program of vocational rehabilitation
for the blind (VR) is administered pursuant to the Rehabilitation Act of 1973
as amended, Title 16 of Chapter 29, United States Code, and Chapter 209, RSMo.
Federal law requires Rehabilitation Services for the Blind (RSB) to develop
policies that govern the administration of the vocational rehabilitation
program and allows RSB to develop limitations within which it administers some
areas of the program.
Therefore, except as otherwise provided and as allowed by federal law, this rule hereby incorporates by reference the provisions and definitions from the Code of Federal Regulations (CFR) listed below as published by the Office of the Federal Register, 800 North Capitol St. NW, Suite 700, Washington, DC 20408, and which is located on the website of the U.S. Government Publishing Office at https://www.govinfo.gov/content/pkg/CFR-2019-title34-vol2/pdf/CFR-2019-title34-vol2-subtitleB-chapIII.pdf. This rule does not incorporate any subsequent amendments or additions.
(A)
34 CFR
361.5, July 1, 2019;
(B)
34 CFR
361.13, July 1, 2019;
(C)
34
CFR 361.36, July 1, 2019;
(D)
34
CFR 361.42, July 1, 2019;
(E)
34 CFR
361.43, July 1, 2019;
(F)
34 CFR
361.44, July 1, 2019;
(G)
34 CFR
361.45, July 1, 2019;
(H)
34 CFR
361.46, July 1, 2019:
(I)
34 CFR 361.47,
July 1, 2019;
(J)
34
CFR 361.48, July 1, 2019;
(K)
34
CFR 361.49, July 1, 2019;
(L)
34 CFR
361.51, July 1, 2019;
(M)
34 CFR
361.53, July 1, 2019;
(N)
34
CFR 361.56, July 1, 2019;
(O)
34
CFR 361.57, July 1, 2019;
(P)
34 CFR
363.1, July 1, 2019;
(Q)
34
CFR 397.20; July 1, 2019;
(R)
34
CFR 397.30, July 1, 2019; and
(S)
34
CFR 397.40, July 1, 2019.
(2) Definitions.
(A) This section includes all definitions in
34 CFR
361.5.
(B) "Applicant" means an individual who has applied
for vocational rehabilitation services and whose eligibility for services has
not been determined.
(C) "Client"
means an individual who meets the requirements to receive vocational
rehabilitation services under the terms of an Individualized Plan for
Employment (IPE). A client also is an individual who meets the requirements to
receive vocational rehabilitation services during a period of trial work in
order to determine the individual's rehabilitation potential.
(D) "Client assistance program" means a
federally-funded, statewide program that is available to advise all applicants
and clients of all services available from RSB and to assist applicants and
clients in their relationships with RSB and other providers of vocational
rehabilitation services, including appropriate remedies to ensure the
protection of applicant and client rights.
(E) "Deputy director" means the person in the
Family Support Division/RSB who is the state unit director referred to in
34 CFR
361.13(b). The state unit
director is referred to in this rule as the deputy director.
(F) "Family Support Division" is the sole
state agency referred to in
34 CFR
361.13(a)(1)(ii). The sole
state agency is referred to in this rule as the division.
(G) "Individual with a most significant
disability" means an eligible individual with a significant disability who
additionally has a severe physical or mental impairment that seriously limits
three (3) or more functional capacities (i.e., mobility, communication,
self-care, self-direction, interpersonal skills, work tolerance, or work
skills) in terms of an employment outcome.
(H) "Maintenance" means limited monetary
support provided to an individual for expenses, such as food, shelter,
clothing, and other necessary subsistence items (i.e. personal toiletries) that
are in excess of the individual's normal expenses 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.
(I) "Rehabilitation Services for the Blind"
or "RSB" is the unit within the Family Support Division that is the "designated
state unit" identified in
34 CFR
361.5(c)(13).
(3) Eligibility for Vocational Rehabilitation
Services.
(A) Basic Conditions of
Eligibility. An individual's eligibility for vocational rehabilitation for the
blind services shall be based only upon the following criteria:
1. The individual meets the eligibility
requirements contained within
34
CFR 361.42(a)(1), and the
individual meets the visual disability requirements of RSB.
A. Visual disability means that an individual
with a nonprogressive eye disease has a central visual acuity of twenty/two
hundred (20/200) or less in the better eye with best correction; or, if the
central visual acuity with best correction is more than twenty/two hundred
(20/200) in the better eye, there is a visual field defect in which the widest
diameter of the visual field subtends an angle distance no greater than twenty
degrees (20), or has a visual efficiency that does not exceed twenty percent
(20%).
B. Visual disability means
that an individual with a progressive eye disease has a central visual acuity
of twenty/seventy (20/70) or worse in the better eye with best correction, or
has a visual efficiency that does not exceed sixty-four percent (64%), or has
near vision that is decreased to the extent that the individual cannot read
print that is smaller than Jaeger nine (J9) with best
correction.
(B)
Prohibited Factors-
1. RSB shall ensure
prohibited factors, as set forth in
34
CFR 361.42(c), are not
imposed in determining eligibility.
(C) Assessment for Determining Eligibility
for Services. RSB shall carry out a comprehensive diagnostic study of each
applicant for vocational rehabilitation services. The purposes of the
comprehensive diagnostic study are to determine whether the applicant meets the
basic conditions of eligibility stated in subsections (A)-(B) of this section.
If RSB is unable to determine whether the applicant will benefit from
vocational rehabilitation services in terms of an employment outcome due to the
severity of the applicant's disability, RSB shall carry out an assessment of
the applicant's capacity for work, as provided in section (6) of this
rule.
(D) Presumptive Eligibility
for Social Security recipients and beneficiaries shall be pursuant to
34
CFR 361.42.
(E) RSB and the Missouri Division of
Vocational Rehabilitation may consult with each other regarding individuals for
whom there is a question as to which agency should provide vocational
rehabilitation services to the individuals.
(4) The Case Record. RSB shall maintain for each
client or applicant a case record that includes, to the extent pertinent,
documentation of the following factors:
(A)
The documentation listed within
34 CFR
361.47;
(B) For each client to whom physical and mental
restoration services are provided, documentation that supports RSB's
determination that the client's clinical status is stable or slowly
progressive;
(C) The decision to
provide post-employment services after the client achieves his/her employment
objective, the basis upon which RSB develops the post-employment plan, a
description of the services RSB provides, and the outcome of the
services;
(D) Documentation of the
determination of maintenance; and
(E) The eligible individual's use of any
comparable service or benefit.
(5) Comparable Services and Benefits.
RSB shall utilize the requirements of 34 CFR 361.53(a)-(c) when determining whether comparable services and benefits are available under any other program.
(6) Trial
Work Period. RSB shall provide vocational rehabilitation services to an
applicant during a Trial Work Period under the following circumstances:
(A) If an applicant has a mental or physical
disability(ies) that, for the applicant, constitutes or results in a
substantial impediment to employment but RSB cannot determine, from information
obtained during the comprehensive diagnostic study described in subsection
(3)(C) that the applicant will benefit in terms of employability from the
provision of vocational rehabilitation services;
(B) RSB shall provide only those services
that the client must have so that RSB can determine the individual's
eligibility for vocational rehabilitation services;
(C) The Trial Work Period shall begin on the
date that RSB approves a written plan and certifies the applicant for a Trial
Work Period, as discussed in subsection (7)(B);
(D) RSB shall make a thorough assessment of
the client's progress as often as necessary but at least once every ninety (90)
days from the date of the certification for trial work services. This
assessment shall include periodic reports from each rehabilitation facility or
person who is providing services to the client;
(E) RSB shall end the provision of services
when RSB is able to determine whether the client is eligible for vocational
rehabilitation services;
(F) RSB
shall not certify more than one (1) Trial Work Period during the time the
client's case is opened; and
(G) If
RSB closes a client's case and the individual reapplies for vocational
rehabilitation services, RSB may provide another period of trial work services
if the individual needs to receive extended services in order for RSB to
determine the individual's vocational potential.
(7) Certification.
(A) Certification of Eligibility. If RSB
determines that an applicant is eligible for vocational rehabilitation
services, RSB shall complete a certification of eligibility. The certification
shall include the statement that the applicant meets the basic conditions of
eligibility stated in subsection (3)(A).
(B) Certification for Trial Work Period. If RSB
determines that an applicant meets the requirements stated in subsection
(6)(A), and a Trial Work plan has been developed, RSB shall complete, sign, and
date a certification for Trial Work Experience.
(C) Certification of Ineligibility. When RSB
determines that the applicant or client is not eligible for vocational
rehabilitation services, an appropriate RSB staff member shall complete, sign,
and date a certification of ineligibility. RSB shall assure that the
certification states the reasons for the ineligibility determination. RSB shall
carry out all activities stated in subsections (16)(B) and
(C).
(8) Vocational
Rehabilitation Services for the Individual. As appropriate to the vocational
rehabilitation needs of each applicant or client, RSB shall make available the
vocational rehabilitation services that are listed in this section. To the
extent possible, within the limitations that are relevant to this section in
federal law, Chapter 34, RSMo, available appropriations, and this rule, the
applicant or client may select the vendor(s) to provide each service. RSB shall
provide services in the most cost-effective manner in order to prepare the
client for securing, retaining, advancing in, or regaining an employment
outcome that is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice.
This rule establishes the procedures for the provision of the following
services and the limitations on the provision of certain services:
(A) Pre-Employment Transition Services listed
in
34
CFR 361.48(a) may be
provided only to students with disabilities, as defined in subsection (2)(A) of
this rule, who can receive these services either as full VR clients under an
IPE, or prior to signing an application for vocational rehabilitation services;
and
(B) Vocational Rehabilitation
Services that may be available to applicants, as defined under subsection
(2)(A) of this rule, or clients, as defined under subsection (2)(D) of this
rule-
1. Assessment - Services provided and
activities performed to determine an individual's eligibility for VR services
and/or to determine the nature and scope of VR services to be included in the
IPE;
2. Diagnosis and Treatment of
Impairments - as provided in section (11) of this rule;
3. Vocational Rehabilitation Counseling and
Guidance, including personal adjustment counseling, to maintain a counseling
relationship with the applicant or client throughout the program of services,
to help the applicant or client secure needed services from other agencies, and
to advise the applicant or client about the client assistance
program;
4. Job Search Assistance -
Job search activities that support and assist an individual in searching for an
appropriate job. Job search assistance may include help in resume preparation,
identifying appropriate job opportunities, developing interview skills, and
making contacts with companies on behalf of the consumer;
5. Job Placement Assistance - A referral to a
specific job resulting in an interview, whether or not the individual obtained
the job;
6. Short Term Job Supports
- Support services provided to an individual who has been placed in employment
in order to stabilize the placement and enhance job retention. Such services
include short-term job coaching for persons who do not have a supported
employment goal consistent with the employment goal on the IPE;
7. Supported Employment Services - On-going
support services and other appropriate services needed to support and maintain
an individual with a most significant disability in supported employment for a
period of time generally not to exceed twenty-four (24) months. Services, such
as job coaching, are for individuals who have supported employment and
long-term supports identified on the IPEs. On-the-job support services with a
supported employment goal are funded using Title VI and Title I
funds.
8. Information and Referral
Services - Services provided as needed to assist the applicant or eligible
individual in securing needed goods and services not available through
Rehabilitation Services for the Blind from other agencies or programs,
including other components of the statewide workforce development system and
the Client Assistance Program;
9.
Benefits Counseling - Involves an analysis of an individual's current benefits,
such as Social Security Disability Income (SSDI) and Social Security Income
(SSI), the individual's financial situation, and the effect different income
levels from work will have on the individual's future financial situation. This
service is intended to provide the individual an opportunity to make an
informed choice regarding the pursuit of employment, but it does not include
providing legal advice;
10.
Customized Employment Services - The flexible strategies leading to a
customized employment outcome; includes job exploration by the individual or
working with an employer to facilitate placement;
11. Extended Services - Ongoing support
services and other appropriate services needed to support and maintain an
individual with a most significant disability in supported employment, as
outlined in part (13)(A)3.C.(II) of this rule;
12. Graduate College or University Training -
as provided in subsection (10)(A) of this rule;
13. Four- (4-) Year College or University
Training - as provided in subsection (10)(A) of this rule;
14. Junior or Community College Training - as
provided in subsection (10)(A) of this rule;
15. Occupational or Vocational Training - as
provided in subsection (10)(A) of this rule;
16. On-the-job Training;
17. Registered Apprenticeship
Training;
18. Basic Academic
Remedial or Literacy Training;
19.
Job Readiness Training;
20.
Disability-Related Skills Training;
21. Business Enterprise Program (BEP)
Training;
22. Customized Training -
Training designed to meet an employer's special requirements where the employer
has entered into an agreement to hire individuals trained to meet their
specific needs;
23. Miscellaneous
Training - Any training not covered in the other training categories in
paragraphs (9)(B)12.-(9)(B)22.;
24.
Transportation - as provided in subsection (12)(A);
25. Maintenance - as provided in subsection
(12)(B), monetary support provided for those 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 VR needs or while receiving services under an
IPE;
26. Rehabilitation Technology
- as defined under subsection (2)(A), with guidance as provided in subsection
(12)(C) of this rule;
27. Personal
Assistance Services;
28. Technical
Assistance Services - Services, as provided in subsection (12)(D), provided to
eligible individuals who are pursuing a vocational goal of self-employment,
telecommuting, or establishing a small business operation, including the
development of business plans, marketing analyses, and resource
development;
29. Reader Services -
as provided in subsection (12)(F);
30. Interpreter Services - as provided in
subsection (12)(G);
31. Services to
members of an applicant's or client's family - as provided in subsection
(12)(H);
32. Post-employment
services - Services necessary to maintain or regain other suitable employment;
and
33. Other goods and services
not already identified in this rule and pursuant to
34
CFR 361.48(b), subject to
the restrictions governing the purchasing of goods in subsection (12)(C) of
this rule.
(9)
Vocational Planning and the Individualized Plan for Employment.
(A) Comprehensive Assessment - For each
eligible client, RSB will conduct a comprehensive assessment in order to
determine the client's employment goal and the nature and scope of Vocational
Rehabilitation services to be included in the IPE.
(B) Individualized Plan for Employment (IPE)
Development.
1. The IPE is a written document
which outlines a plan to achieve the client's chosen vocational goal and is
developed through an assessment of the client's individual rehabilitation needs
consistent with his/her unique strengths, resources, abilities, and interests.
The IPE shall contain all elements required by
34 CFR
361.46.
2. The IPE should be developed and
implemented as soon as feasible after the applicant is determined to be
eligible.
A. The IPE must be developed no
later than ninety (90) days after the date of determination of eligibility,
unless the Vocational Rehabilitation Counselor (VRC) and the eligible
individual agree in writing to an extension of that deadline. The client shall
sign an agreement authorizing the extension.
3. In developing the IPE, clients shall have
the opportunity to exercise informed choice when selecting-
A. The employment outcome/employment
setting;
B. The specific VR
services needed to achieve the employment outcome;
C. The entity(ies) that will provide the VR
services; and
D. The methods
available for procuring the services.
4. The IPE will be jointly developed, agreed
upon, and signed by RSB and the client and/or his/her representative. The
client/representative has the right to develop his/her own IPE; however, the
vocational goal and services must be mutually agreed upon. If the VRC cannot
support the client's informed choice, the client shall be informed of their
rights to administrative review, mediation, and/or fair hearing as well as the
availability of the Client Assistance Program.
5. A copy of the initial IPE, all IPE
amendments, and any authorizations for service that are completed in accordance
with the IPE, will be provided to the client.
6. For students with disabilities, the IPE is
developed to be consistent with the student's Individual Education Plan (IEP)
or 504 services.
7. The IPE shall
be reviewed at least annually by the VRC and the client or the client's
representative to assess the client's progress towards achieving the identified
employment outcome. This review should be documented in the client
record.
(C) Amended IPE.
1. The IPE shall be amended, as necessary, by
the individual or, as appropriate, the individual's representative, in
collaboration with the VRC, if there are substantive changes in-
A. The employment outcome;
B. The vocational rehabilitation services to
be provided;
or
C. The
providers of the vocational rehabilitation services.
2. Amendments to the IPE do not take effect
until agreed to and signed by the eligible individual or, as appropriate, the
individual's representative and by the counselor.
(10) Training Costs. RSB provides
training to an eligible client when the client needs training in order to
achieve a vocational goal that is recorded in the client's IPE. Training
includes the areas of personal and vocational adjustment, academic training,
and vocational training.
(A) Tuition, Fees,
Books, and Supplies that the client incurs, that are necessary to participate
in the training program. RSB applies the following limitations to payment of
tuition, fees, books, and supplies:
1. RSB may
pay tuition and fees at state or other public colleges and universities in
Missouri, vocational schools, or rehabilitation facilities at current verified
rates;
2. RSB may pay tuition and
fees at private college or universities in Missouri and at colleges or
universities outside Missouri up to but not to exceed the in-state resident
rate for on-campus courses at the University of Missouri-Columbia (MU) for
students at a comparable academic level. If a deaf-blind client attends
Gallaudet University, RSB may pay the full cost of tuition and fees at
Gallaudet University;
3. RSB limits
payment of tuition, fees, books, and supplies for academic and vocational
training to a client's completion of the academic or training curriculum that
the client needs in order to obtain entry-level employment in the occupational
area that the client selects, as recorded in the client's IPE;
4. Comparable Services and benefits must also
be considered and applied appropriately, as provided in section (6) of this
rule. For postsecondary educational programming, this means the student is
required to apply for the Pell Grant and each year provide the counselor with a
copy of the Student Aid Report. RSB sponsorship may not be provided to students
who do not apply for the Pell Grant and supply RSB the Student Aid
Report;
5. After the client's first
term, prior to authorization of funds for subsequent terms, the student shall
provide RSB with grade reports;
6.
The student is to register and complete a full course load each term. Full
course loads are defined by the institution and/or training program. Payment of
any fees for dropping courses shall be the student's responsibility. RSB may
recoup the funds that RSB paid for a course that the student drops. RSB shall
not pay for the same course twice. RSB may approve less than a full course
load, with justification provided by the student. The student shall bear the
burden of proof of justifying approval of a less than full course
load;
7. The student is to maintain
acceptable academic standing of at least a 2.0 GPA each term, or will meet the
requirements of the particular training program in which the student is
participating in cases where the standard is higher or the standard GPA is not
used; and
8. If the student fails
to maintain the standards in paragraphs (10)(A)6.-7., the student is required
to meet with RSB staff to determine if RSB sponsorship will continue into the
next term. If the student subsequently fails to meet the standards in
paragraphs (10)(A)6.-7., RSB sponsorship will be withdrawn until the client
meets those standards for one (1) term.
(11) Physical and Mental Restoration.
(A) General Provisions. Within the
limitations that are relevant to this section in federal law, Chapter 34, RSMo,
and this rule, and subject to appropriation, RSB may provide the physical and
mental restoration services stated in this rule to a vocational rehabilitation
client, to correct or substantially modify a physical or mental condition that
is stable or slowly progressive and which contributes to the client's
impediments to employment. All costs and fees paid for physical and/or mental
restoration must be for medically necessary services as certified by a
qualified and licensed medical professional.
(B) Types of Physical or Mental Restoration-
1. Medical or corrective surgical
treatment;
2. Diagnosis and
treatment for mental or emotional disorders;
3. Dentistry;
4. Nursing services;
5. Inpatient or outpatient hospitalization
needed in connection with surgery or treatment and clinic services;
6. Drugs and medical supplies;
7. Prescription of prosthetic and/or
orthotics related to the individual's diagnosed disability and essential to the
achievement of the employment outcome;
8. Prescription of eyeglasses and visual services,
including visual training, and the examination and services necessary for the
prescription of eyeglasses, contact lenses, microscopic lenses, telescopic
lenses, and other special visual aids that are prescribed by a physician
skilled in diseases of the eye or by an optometrist, whichever the client may
select;
9. Podiatry;
10. Physical, occupational, speech or
hearing therapy;
11. Mental health
services;
12. Medical or medically
related social work services;
13.
Treatment of either acute or chronic medical complications and emergencies
which are associated with or arise out of the provision of physical and mental
restoration services or which are inherent in the condition under
treatment;
14. Special services
for the treatment of end-stage renal disease, including transplantation,
dialysis, artificial kidneys, and supplies; and
15. Other medical or medically related rehabilitation
services.
(C) Payment for
Physical or Mental Restoration. All comparable services and benefits that are
available from any source to meet, in whole or in part, the cost of a client's
physical or mental restoration shall be utilized, unless to utilize these
services or benefits would delay the provision of vocational rehabilitation
services to any client who is at extreme medical risk as defined in subsection
(2) (A). A determination of extreme medical risk shall be based upon medical
evidence provided by a qualified licensed medical professional. Comparable
benefits and services shall include, but not be limited to, Title XVIII
(Medicare), Title XIX (Medicaid), public or private health insurance, Veterans
Administration medical benefits, and Worker's Compensation.
1. RSB may pay for other medical services,
including hospital facility fees, physician services, laboratory and X-ray
fees, and hospital outpatient care, at a rate that is determined by the
Department of Social Services to be reasonable, not to exceed Missouri Title
XIX rates.
2. RSB may pay for
medical services received outside Missouri at the rates paid by the vocational
rehabilitation agency in that state, unless the provider participates in the
Missouri Title XIX program, in which case RSB limits payment to Missouri Title
XIX rates.
3. Selection of
provider. To the extent possible, RSB shall purchase physical and mental
restoration services (including medically necessary dental services) for
clients who are eligible for Title XIX benefits from Title XIX providers who
are located in Missouri.
(12) Support Services. RSB may pay the reasonable cost
of necessary support services to or on behalf of an applicant or client
undergoing assessment(s) to determine eligibility and the nature and scope of
services. Additionally, pursuant to the individual's rehabilitation plan, RSB
may pay the cost of support services to or on behalf of a client in order for
the client to benefit from physical or mental restoration, academic,
vocational, and other training, or job related services (such as job search,
job placement, and job retention). Comparable services and benefits must be
considered and applied appropriately, as outlined within section (5) of this
rule. Support services are the following:
(A)
Transportation. RSB shall pay the cost of the most economical source of
transportation that meets the applicant or client's rehabilitation service
needs. RSB pays the cost of mileage traveled by private automobile at the rate
per mile currently allowed state employees by the Department of Social of
Services; bus fare and train fare at actual charges; and cab fare, only when
other methods of transportation are not available, at actual charges. When a
client must travel by plane, air travel shall not exceed the cost of coach fare
for the most direct available route.
1.
Physical or mental restoration. RSB may pay the reasonable and necessary costs
of transportation that a client needs in order to obtain physical or mental
restoration that is prescribed by a provider who meets the standards in
subsection (17)(D).
2. Personal and
vocational adjustment training. RSB may pay the reasonable and necessary costs
of transportation that a client needs in order to participate in personal and
vocational adjustment evaluation or training at a rehabilitation facility that
meets the standards in subsections (17)(A) and (B).
A. When a client stays in rehabilitation
facility residential quarters, RSB shall limit payment to the necessary trips
the client makes between the client's home and the rehabilitation facility
during the time the client is in evaluation or training activities at the
facility. The decision regarding the number of trips that are necessary is made
by RSB, the rehabilitation facility and the client.
B. When a client lives at home and commutes,
the total monthly payment for transportation shall not exceed the reasonable
and necessary cost of room and board that is available at or in conjunction
with the rehabilitation facility, as described in subparagraph (12) (B)
3.C.
3. Academic training
and vocational training. RSB may pay costs of reasonable and necessary
transportation that a client needs in order to participate in academic training
or vocational training.
A. If a client lives
at home and commutes to a public college or university in Missouri that has
available dormitories, the total monthly payment for transportation and meals
shall not exceed the lowest cost of double occupancy dormitory charges at the
college or university the client attends, as described in subparagraph
(12)(B)3.A.
B. If a client attends
a private college or university in Missouri or a college or university outside
of Missouri that has available dormitories, the total monthly payment for
transportation and meals shall not exceed the lowest cost of double occupancy
dormitory charges at the University of Missouri-Columbia, as described in
subparagraph (12)(B)3.A.
4. Job-related services. RSB may pay
reasonable and necessary costs of transportation that a client needs in order
to participate in job-related services, including to seek employment.
5. Relocation expenses. RSB may pay the
reasonable and necessary costs of transportation that a client needs in order
to relocate after obtaining employment. Payment of these transportation
expenses is limited to payment of moving expenses from the client's home locale
to the location of the client's employment;
(B) Maintenance, as defined by subsection
(2)(H) of this rule, is not based on an individual's economic or financial
situation.
1. The amount of maintenance shall
be based on the individual's specific circumstances.
2. Lodging and meals not covered under a
contract or otherwise limited by this rule will be paid at the maximum state
rate, per the department's travel policy utilized for Missouri state
employees.
3. For other subsistence
items that are additional expenses in excess of normal living expenses
necessitated by participation in an assessment or IPE, the maximum total for
all items combined shall not exceed one hundred twenty dollars ($120.00) per
month.
4. Maintenance to support
academic and vocational training received on campus.
A. For in-state public institutions, the
maximum payment shall not exceed the lowest cost of a double occupancy
dormitory charge with maximum meal plan at the state university's lowest
rate.
B. For private and
out-of-state institutions, and in-state public institutions that have no
dormitories, the maximum payment shall not exceed the lowest cost of double
occupancy dormitory charge with maximum meal plan at the University of Missouri
- Columbia (MU) unless a comparable academic or vocational program is not
offered at in-state public institutions, in which case RSB's payment shall be
reasonable (i.e. the least expensive goods and services to meet the recipient's
needs) and shall not exceed actual costs.
C. For Personal and Vocational Adjustment to
Blindness (PVA) training at a contracted Community Rehabilitation Program
(CRP), maintenance will be paid at the contract rate. Those maintenance costs
not covered by a PVA contract will be paid in accordance with paragraphs
(12)(B)1. and (12)(B)2. above.
D.
Maintenance for academic or vocational training is contingent on maintaining
acceptable academic standing, as provided in paragraphs (10)(A)6.-7. of this
rule, and maintaining full-time status as dictated by the
institution.
E. RSB may pay
continuous maintenance during school breaks to an eligible individual if the
eligible individual is attending consecutive semesters and the term between
semesters is less than six (6) weeks.
5. Maintenance to support job-related
services.
A. RSB may pay maintenance in
support of reasonable and necessary job-related services (such as job search)
in accordance with paragraphs (12)(B)1. and (12)(B)2.
B. RSB may pay the necessary costs of
establishing a new living arrangement in order for an eligible individual to
accept employment. Payment for housing will be limited to expenses actually
incurred for no more than two (2) weeks prior to the start date of the
employment, and may continue until the eligible individual has been employed
for one (1) full calendar month, or one thousand three hundred dollars
($1,300.00) total for the same time period, whichever is less;
(C) Assistive Technology
Devices, Other Equipment, Tools, and Supplies. RSB may pay for reasonable and
necessary Assistive Technology Devices as well as other reasonable and
necessary equipment, tools, and supplies that the eligible individual needs to
participate in academic, vocational or other training, and to perform required
job duties following employment;
(D) Start-up costs for small businesses. RSB
may pay no more than seventy-five percent (75%) of a client's start-up costs
for establishing a small business. When RSB's payment reaches seventeen
thousand five hundred dollars ($17,500.00), requests for payment of additional
start-up costs must be reviewed and approved by the deputy director or
designee. Requests for payment of additional start-up costs beyond one (1) year
after the initial payment, must be reviewed and approved by the deputy director
or designee. Start-up costs for establishing a small business include, but are
not limited to, rent, utilities, and supplies. This rule does not apply to
start-up costs for vending facilities that RSB supervises according to
13 CSR
40-91.010;
(E) Home Modification. Home modification is
an allowable expense under the following circumstances:
1. It is essential in order for the eligible
individual to achieve an established vocational goal;
2. The eligible individual is in an active
status (6 or higher) (Note: This service cannot be provided in Status 10 or
24);
3. The home being modified is
owned or being purchased by the eligible individual or the eligible
individual's immediate family and is the eligible individual's place of
residence;
4. If the eligible
individual resides in rental property, the only modification allowed will be
ramping or a lift; and
5. When a
ramp or lift is being provided for rental property, there must be written
permission from the landlord in the case file prior to the service being
authorized;
(F) Reader
Service. RSB may provide reader service that a client needs in order to
participate in a rehabilitation program, including orientation to employment.
RSB will pay the cost of reader service for an eligible individual who is in
post-secondary training using funds that are available from the State Reader's
Fund as matching funds, as authorized in sections
178.160
and
178.180,
RSMo;
(G) Language/Sign/Tactile
Interpreting Services. RSB applicants and clients shall utilize
state-contracted language interpreting services whenever possible. RSB may pay
the cost of interpreting services when an individual needs interpreting
services in order to participate in a rehabilitation program including
orientation to employment when services are not available under a state
contract. RSB may pay the rate that is charged by a qualified interpreter who
is available to an individual;
(H)
Services to Family Members. RSB may provide services to members of a client's
family, when the provision of such services is necessary in order for the
client to become rehabilitated; and
(I) Other Support Services that are necessary
to participate in VR services include, but are not limited to, additional costs
incurred for child care and personal assistance services for individuals with
most significant disabilities.
(13) Supported Employment. RSB shall provide
vocational rehabilitation services that will lead to supported employment for
individuals with the most significant disabilities who are eligible for these
services, pursuant to
34 CFR
363.1.
(A)
Supported employment to youth with the most significant disabilities, as
defined in subsection (2)(A) of this rule. RSB may provide the following
services only to youth with the most significant disabilities seeking a
Supported Employment Outcome in competitive-integrated employment.
1. Extended Services. Funds may be used to
provide extended services only to youth with the most significant disabilities.
A. Extended services shall not exceed four
(4) years or until such time that a client no longer meets the definition of a
youth with a disability under
34 CFR
361.5 (c)(58), whichever occurs
first.
(14) Transition Services. RSB shall provide transition
services, as needed by a client to promote the client's movement from school to
post-secondary education, vocational training or suitable employment. RSB shall
provide transition services through cooperative efforts with the Department of
Elementary and Secondary Education, the Missouri School for the Blind and local
education agencies.
(15) Extended
Employment. Vocational goals for working in extended employment do not meet the
requirement for competitive-integrated employment outcomes and thus cannot be
supported under the vocational rehabilitation program. The individual seeking
extended employment must first obtain documentation that activities as provided
in
34
CFR 397.20, 34 CFR 397.30,
34
CFR 397.40, and this section were completed
prior to entering extended employment.
(A) RSB
shall inform the applicant or eligible individual shall be informed that
Vocational Rehabilitation Services are available should the individual wish to
pursue competitive-integrated employment.
(B) If the individual, exercising their
informed choice, persists in pursuing securing extended employment, RSB and the
individual shall follow requirements set forth in
34
CFR 397.20, 34 CFR 397.30, and
34
CFR 397.40 to secure documentation necessary
for the individual to enter extended employment, and to ensure the client is
offered the required services of these sections at the necessary intervals for
the duration of their employment at subminimum wage.
(C) Students with a disability seeking
subminimum wage employment.
1. Upon being
notified that a student with a disability is seeking subminimum wage
employment, the following must take place:
A.
RSB shall explain to the student that RSB cannot provide vocational
rehabilitation services to obtain subminimum wage employment;
B. RSB shall explain to the student that
Vocational Rehabilitative services are intended to achieve an employment
outcome in a competitive-integrated employment setting;
C. RSB shall explain that Vocational
Rehabilitation Services are available, should the applicant wish to pursue
competitive-integrated employment; and
D. RSB shall provide information regarding
PreEmployment Transition Services (PETS).
(16) Case Closure. RSB shall
close an applicant's or client's vocational rehabilitation case at any time in
the vocational rehabilitation process when-RSB has determined that an applicant
is not eligible for vocational rehabilitation services; the client has
completed vocational rehabilitation services that RSB planned to provide, and
additional vocational rehabilitation services are either unnecessary or
inappropriate, except services that RSB may provide as post-employment
services; or an applicant or client is not available to receive vocational
rehabilitation services. Prior to RSB closing any case for the reason that the
individual is not available, RSB shall contact the individual at their last
known address, notifying them to contact RSB within ten (10) calendar days of
the date of the notice. RSB may close the case if the individual does not
cooperate with the notice, or if the post office returns agency mail directed
to the individual indicating no forwarding address.
(A) Case Closure Without an Eligibility
Determination. RSB shall close an applicant's case without a determination of
eligibility when the applicant does not, or is unavailable to complete an
evaluation of vocational rehabilitation potential and RSB has made reasonable
efforts to contact the applicant or, as appropriate, the applicant's
representative, and to encourage the applicant's participation.
(B) Case Closure Due to a Determination of
Ineligibility Before IPE Development. When RSB determines that an applicant
does not meet one (1) or more of the basic conditions of eligibility for
vocational rehabilitation services or that a client no longer meets one (1) or
more of the basic conditions of eligibility, RSB shall close the applicant's or
client's case. RSB shall carry out the following activities in regard to case
closure:
1. RSB shall make the ineligibility
determination only after full consultation with the applicant or client or, as
appropriate, the applicant's or client's parent, guardian, legal custodian, or
other representative, or after giving a clear opportunity for such
consultation; and
2. RSB shall
complete a certification of ineligibility which indicates the reasons the
applicant or client is ineligible for vocational rehabilitation
services.
(C) Case
Closure Due to a Determination of Ineligibility After IPE Development. When RSB
decides to terminate vocational rehabilitation services that RSB is providing
to a client because of a determination that the client is no longer eligible,
RSB shall close the individual's case.
RSB shall make the ineligibility determination only after full consultation with the client or, as appropriate, the client's parent, guardian, legal custodian, or other representative, or after giving an opportunity for such consultation, except under the following circumstances: the client has refused to participate, the client is no longer present in Missouri, the client's whereabouts are unknown, or the client's medical condition is rapidly progressive or terminal. When the client or, as appropriate, the client's parent, guardian, or other representative has consulted with RSB, RSB shall record the views of the individual regarding the decision.
(D) Annual Review
of Certain Case Closures. When RSB determines an applicant or client is
ineligible for vocational rehabilitation services because the applicant or
client cannot be expected to achieve a vocational goal, RSB shall review the
ineligibility decision pursuant to
34 CFR
361.43 (e).
(E) Case Closure as Successfully
Rehabilitated.
RSB shall close a client's case if RSB determines the client to be successfully rehabilitated, as set forth in 34 CFR 361.56. RSB shall conduct post-exit follow up after the case is closed to verify continued employment.
(F) RSB shall
notify the client in writing of case closure. The notification shall include
information regarding the client's appeal rights and the assistance that is
available from the client assistance program. RSB does not need to send written
notification to the client when the client is deceased, the address is unknown,
or the client cannot be located.
(17) Standards for Facilities and Other Providers of
Services. RSB requires providers from which RSB purchases vocational
rehabilitation services to meet the standards stated in this section of this
rule and
34 CFR
361.51.
(A)
Rehabilitation Facilities. A rehabilitation facility is a facility that is
operated for the purpose of providing vocational rehabilitation services to
clients and applicants. A rehabilitation facility must have the capability to
provide, singly or in combination, one (1) or more of the following vocational
rehabilitation services:
1. Vocational
rehabilitation services, including under one (1) management: medical,
psychiatric, psychological, social, and vocational services;
2. Testing, fitting, or training in the use
of prosthetic or orthotic devices;
3. Prevocational conditioning or recreational
therapy;
4. Physical and
occupational therapy;
5. Speech and
hearing therapy;
6. Psychiatric,
psychological, and social services;
7. Evaluation of rehabilitation
potential;
8. Personal and work
adjustment;
9. Vocational training
with a view toward career advancement, which is provided in combination with
other rehabilitation services;
10.
Evaluation or control of specific disabilities;
11. Orientation and mobility services and
other adjustment services to blind individuals;
12. Transitional or extended employment for
those individuals with disabilities who cannot be absorbed readily into the
competitive labor market;
13.
Psychosocial rehabilitation services for clients and applicants with chronic
mental illness; and
14.
Rehabilitation technology services.
(B) Rehabilitation Facility Accreditation. A
rehabilitation facility must comply with the rehabilitation facility standards
specified by RSB. These standards include, but are not limited to, those of the
Commission on the Accreditation of Rehabilitation Facilities (CARF) and the
Joint Committee on the Accreditation of Hospitals (JCAH), or other national
accreditation body, if the standards of the entities referred to in this
subsection are approved pursuant to
42 USC
1395bb.
(C) Academic or Vocational Training
Accreditation. An agency or institution that provides academic or vocational
training services must be accredited or licensed by the accrediting or
licensing agency that is appropriate to the training curriculum that the agency
or institution provides.
(D)
Physical or Mental Restoration Provider Accreditation. A physician or any other
health care provider must be certified or accredited to perform the specific
service that the applicant or client requires and must be licensed to perform
the service in the state in which the service is performed.
(18) Pursuant to
34
CFR 361.49, RSB shall manage a Center for
Braille and Narration Production (CBNP) for the purposes of providing access to
information for individuals who are blind, including but not limited to
Braille, narration, large print, and special electronic formats. Current RSB
clients may access these services at no cost. CBNP may provide transcription,
narration, and other services required to produce accessible informational
materials for a fee set by RSB.
(19) Order of Selection. If RSB is unable to provide
vocational rehabilitation services to all eligible individuals who apply for
services, RSB will implement an order of selection pursuant to
34
CFR 361.36 to ensure that those individuals
with the most severe disabilities are provided services
(A) An eligible individual's assigned
category may be changed at any time based on information that clarifies the
severity of the individual's disability or if there is a change in the severity
of disability.
(B) The
implementation of an order of selection shall not affect the provision of
diagnostic and evaluation services necessary to determine
eligibility.
(C) While under an
order of selection, RSB shall develop an individualized plan for employment
(IPE) only for those eligible individuals who are in the priority categories
currently being served.
(D) RSB
shall continue to provide all needed services to any eligible individual who
has begun to receive services under an IPE prior to the effective date of the
order of selection, regardless of the eligible individual's assigned
category.
(E) Eligible individuals
will be served under the categories of priority defined in paragraphs
(20)(E)1.-3. In accordance with these categories, individuals with the most
significant disabilities (Priority I) will be selected first for the provision
of vocational rehabilitation services. In the event that all Priority I
individuals can be served with available resources, Priority II and then
Priority III cases (in that order) will be opened for provision of vocational
rehabilitation services.
1. Priority III:
Individual with a disability, as defined in subsection (2)(A) of this
rule.
2. Priority II: Individual
with a significant disability, as defined in subsection (2)(A) of this
rule.
3. Priority I: Individual
with a most significant disability, as defined in subsection (2)(I) of this
rule.
(F) While RSB is
operating under the order of selection, all RSB-eligible individuals who are in
priority categories that are not being served will be placed on a waiting list
prior to IPE development and will remain on the waiting list in that status
until approval is given to serve individuals in their assigned priority
category. When approval to serve a priority category that has been on the
waiting list is given, individuals will be served in the order of their
application date.
(20)
Review Procedures. Pursuant to
34
CFR 361.57, an applicant for or recipient of
services through RSB's vocational rehabilitation program has the right to
obtain the review of any determination regarding the furnishing or denial of
services. The review process may consist of up to three (3) stages, in which
the procedures provide the individual and RSB the opportunity to submit
additional evidence and information.
(A)
Administrative Review. An administrative review is an informal process for
resolving a request for review without mediation or a due process hearing.
1. The applicant or eligible individual or,
as appropriate, the individual's guardian or representative, may request an
Administrative Review by submitting a written request to the Deputy Director or
designee.
2. The Deputy Director or
designee will conduct an informal review within thirty (30) days from receipt
of the request unless both parties agree to an extension of time.
3. The applicant or eligible individual or,
as appropriate, the individual's guardian or representative, will be informed
of the results of their informal review in writing and the right to a due
process hearing or mediation.
(B) Due Process Hearing. An applicant or
eligible individual may request a due process hearing with or without an
administrative review.
1. The applicant or
eligible individual must request a due process hearing in writing submitted to
the Deputy Director or designee.
2.
The hearing officer shall be selected from a list of qualified impartial
hearing officers maintained by Rehabilitation Services for the Blind. Selection
of hearing officer is by agreement between Deputy Director or designee and the
applicant or eligible individual or, as appropriate, the individual's guardian
or other representative. If the Deputy Director or designee and the applicant
or eligible individual or his or her guardian or representative cannot agree on
the choice of a hearing officer, RSB shall select at random a hearing officer
from the aforementioned list of qualified impartial hearing officers.
3. The fair hearing shall be held within
sixty (60) calendar days from the date RSB receives the eligible individual's
request for review of a decision, unless informal resolution or a mediation
agreement is achieved prior to the sixtieth day or the parties agree to a
specific extension of time.
4. The
fair hearing shall be held during normal working hours, at the RSB district
office where the eligible individual's case record is located.
5. The applicant or eligible individual or,
as appropriate, the individual's guardian or representative, shall be given the
opportunity to present and examine witnesses, additional evidence, and relevant
sources of information during the due process hearing or if the hearing officer
holds the record open to admit additional evidence.
6. The hearing officer will make a
determination based on the facts and applicable law. The hearing officer shall
render a decision in writing. The decision must specify the findings of fact,
conclusions of law, and decision of the hearing officer. The hearing decision
must be based solely on the facts adduced to the hearing officer at the
hearing. The written decision will be served on the Deputy Director and the
individual or applicant, or their representative.
7. Within twenty (20) calendar days of the
date of the hearing officer's written decision, either party may request in
writing a review of the written decision by the Director of Family Support
Division, or his/her designee. The Director of Family Support Division may not
delegate the responsibility for reviewing the written decision of the hearing
officer to any Family Support Division staff.
8. The Director of Family Support Division or
designee shall provide the opportunity for submission of additional evidence
and information relevant to a final decision concerning the matter under
review.
9. The Director of Family
Support Division or Designee may overturn or modify the hearing officer's
decision, or part of the decision supporting the position of the applicant or
eligible individual, if it is determined, based on clear and convincing
evidence, that the decision of the impartial hearing officer is clearly
erroneous on the basis of being contrary to the federal act and/or regulations,
or appropriate state law and/or regulations.
10. The Director of Family Support Division
or designee shall provide an independent, final decision in writing, including
the statutory and regulatory findings for the decision, to the applicant or
eligible individual or, as appropriate, the individual's representative and to
Rehabilitation Services for the Blind within thirty (30) days of the request
for the administrative review.
(C) Mediation. Applicants and eligible
individuals shall have the right to pursue mediation with respect to disputes
involving any determinations that affect the provision of vocational
rehabilitation services.
1. Mediation shall be
voluntary on the part of the individual and RSB; not be used to deny or delay
the rights of an individual to a due process hearing or deny any other rights;
and be conducted by a qualified and impartial mediator who is selected from a
list of qualified and impartial mediators maintained by RSB.
2. RSB shall bear the reasonable costs of the
mediation process.
3. An applicant
or eligible individual may request mediation by writing the Deputy Director of
RSB and stating the issue(s) to be mediated. If mediation is agreed upon by
both RSB and the applicant or eligible individual, a qualified mediator will
then be selected by the individual. The mediator will be informed of the
request and will assist parties in selecting a mutually agreeable time and
place.
4. An applicant or eligible
individual may be represented in the mediation session by an authorized
representative or licensed attorney, at the individual's expense.
5. The mediation will be held within sixty
(60) days unless both parties agree to an extension. Mediation sessions are
held at a time and location mutually agreed upon by both parties.
6. An agreement reached by the parties to the
dispute in the mediation process shall be set forth in a written mediation
agreement, and provided to the applicant or eligible individual, or if
appropriate, the individual's guardian or representative, and the Deputy
Director of RSB within thirty (30) days of completion of the mediation
session.
7. Discussions that occur
during the mediation process shall be confidential and not used as evidence in
any subsequent due process hearing or civil proceeding. Both parties may be
required to sign a confidentiality pledge prior to the commencement of such
process.
8. Nothing in this section
shall be construed to preclude the parties to such a dispute from informally
resolving the dispute prior to mediation proceedings. Mediation will not be
used to deny or delay an individual's due process hearing.
Notes
The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.
*Original authority: 207.010, RSMo 1945, amended 1949, 1953, 1973; 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986; and 209.010 and 209.020, RSMo 1939.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.