Florida Blind Services Vocational Rehabilitation Procedure Manual

The Mission of the Vocational Rehabilitation Program is to provide opportunities for individuals who are blind and visually impaired, enabling them to improve and develop skills necessary for obtaining or maintaining employment.

1.0 PROCESSING REFERRALS AND APPLICATIONS

1.1 Referrals

When a referral is received, a reasonable effort must be made to contact the individual and inform him/her of application requirements and to gather information necessary to initiate an assessment for determining eligibility. The rehabilitation technician or district office designee is responsible for this process and must demonstrate that an effort has been made to contact the individual within 10 working days of receipt of the referral.

NOTE: Once the referral/application has been received and entered in the CRIS system, an introductory letter should be completed in the CRIS Write Client Letters Function, recorded in the activity history, printed, signed and mailed to the applicant by Rehab Tech or designee. A printed copy should be included in the paper record of service.

1.2 Applications

An individual is considered to have applied for services when s/he or the individual’s representative; as appropriate

Has completed and signed an agency application or has otherwise requested services (in writing or orally); or has completed a common intake form in a One-Stop center requesting vocational rehabilitation services.

Has provided information necessary to initiate an assessment to determine eligibility.

Is available to complete the assessment process.

NOTE: An initial interview with the applicant must take place once the application has been received and assigned to the Rehab Specialist. The Rehab Specialist must use the Initial Interview Format as a guide during the face to face initial interview process. The Initial Interview Format is located in the CRIS Write Client Letters Function.

2.0 ASSESSMENT FOR DETERMINING ELIGIBILITY AND PRIORITY FOR SERVICES (34 CFR 361.42)

2.1 Basic Eligibility Requirements

An assessment for determining eligibility must be conducted for each applicant in the most integrated setting possible, consistent with the individual’s needs and informed choice. Determination of an applicant’s eligibility for vocational rehabilitation services must be based only on the following criteria:

A determination that the individual has a bilateral visual impairment;

A determination that the individual’s visual impairment constitutes or results in a substantial impediment to employment (see Definition 12.26);

A presumption (as defined in Section 2.2) that the individual can benefit in terms of an employment outcome from the provision of vocational rehabilitation services; and

A determination that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Note: Only a Rehabilitation Specialist, Supervisor or District Administrator may make determinations of eligibility. In cases where a rehabilitation technician determines that a bilateral visual impairment does not exist, approval of an ineligibility determination must be obtained from the Supervisor or District Administrator prior to closure.

2.1.1 Eligibility Determination Timeframes

Eligibility determinations must be made within 60 days after the individual has submitted an application unless:

Exceptional and unforeseen circumstances beyond the control of the agency preclude a determination within 60 days and the individual agrees to a specific extension of time; or

An exploration of the individual’s abilities, capabilities, and capacity to perform in work situations or an extended evaluation is being conducted (see Sections 2.2.1 and 2.3).

NOTE: When exceptions to this time period are necessary, the case file should clearly document applicant involvement and agreement to a specific extension of time and the length of time agreed upon by the agency and the individual. This should be documented in the comment section of the Status Function of the CRIS case file.

2.1.2 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 (see Section 2.4) must intend to achieve an employment outcome that is consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

The rehabilitation technician and Rehabilitation Specialist are responsible for informing applicants that individuals who receive services under the vocational rehabilitation program must intend to achieve an employment outcome.

NOTE: The individual’s completion of the application process for vocational rehabilitation services is sufficient evidence of his/her intent to achieve an employment outcome. No additional demonstration of intent on the part of the applicant is required.

NOTE: All individuals requesting rehabilitation services that do not intend to pursue an employment outcome are to be served in the AP or IL programs.

2.2 Presumption of Benefit

It must be presumed that an applicant can benefit, in terms of an employment outcome, from vocational rehabilitation services unless it is demonstrated, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome due to the severity of the disability of the applicant.

2.2.1 Trial Work Experiences

In making the demonstration of clear and convincing evidence, an exploration must be conducted of the individual’s abilities, capabilities, and capacity to perform in realistic work situations. Such an exploration must involve the use of trial work experiences with appropriate supports provided by the Division including assistive technology devices and services and personal assistance services to accommodate the rehabilitation needs of the individual during the trial work experiences. The work experiences must be of sufficient variety and over a sufficient period of time to:

Determine that there is sufficient evidence that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or

Determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from VR services due to the severity of his/her disability.

Trial work experiences include supported employment, on-the-job training, and other experiences using realistic work settings.

A Trial Work Plan must be developed to assess the individual’s capabilities and capacity to perform in work situations through the use of trial work experiences. Such an assessment must be conducted in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

Under limited circumstances, if an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted, before an ineligibility determination is made, an extended evaluation must be conducted as described in Section 2.3.

2.3 Extended Evaluation for Individuals with Significant Disabilities

Under limited circumstances, if an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted, an extended evaluation must be conducted to make an eligibility determination.

During the extended evaluation period, vocational rehabilitation services must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

An Extended Evaluation Plan must be developed for providing services necessary to make an eligibility determination, and only those services necessary to make the determination must be provided.

2.4 Presumption of Eligibility for Social Security Beneficiaries2.3 Limited Presumption for Social Security Beneficiaries

Any applicant who has been determined eligible for Social Security benefits (SSI Disabled, SSI Blind, SSDI) under Title II or Title XVI of the Social Security Act is:

Considered to be an individual with a significant disability (See Definition 12.16); and

Presumed to be eligible for vocational rehabilitation services (provided that the individual intends to achieve an employment outcome consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice)

NOTE: Submission of an application for vocational rehabilitation services constitutes an individual’s intent to work.

If an applicant asserts that he/she is eligible for Social Security benefits (SSI Disabled, SSI Blind, or SSDI), but is unable to provide appropriate evidence such as an award letter, the Rehabilitation Specialist must verify the applicant’s eligibility for Social Security benefits by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables an eligibility determination to be made within 60 days of the individual submitting an application.

Exceptions to this presumption of eligibility may be made only when it can be demonstrated with clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from VR services due to the severity of his/her disability. This demonstration must be conducted as described in Section 2.2.1 or, as appropriate, Section 2.3.

2.5 Prohibited Factors2.4 Prohibited Factors

No applicant will be found ineligible solely on the basis of the type of disability; and eligibility determinations will be made without regard to:

Age, gender, race, color, or national origin of the applicant;

Type of expected employment outcome;

Source of referral for vocational rehabilitation services; and

Particular service needs or anticipated cost of services required by an applicant or the income level of an applicant or an applicant’s family.

No residence requirements will exclude any individual who is present in the state from the provision of VR services. However, applicants for the vocational rehabilitation program must have legal status in the United States and be eligible to secure permanent work status (NOTE: Transition aged individuals must be legal residents and eligible to secure permanent work status by age 18).

2.6 Review and Assessment of Data for Eligibility Determination

Determination of each of the eligibility criteria must be based on:

A review and assessment of existing data, including Rehabilitation Specialist observations, education records, information provided by the individual or the individual’s family, information used by the Social Security Administration, and determinations made by officials of other agencies.

Note: To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including assistive technology devices and services and work site assessments, that are necessary to determine whether an individual is eligible.

2.7 Certificate of Eligibility

A Certificate of Eligibility (see Section 13.1) is required for each individual determined to be eligible for vocational rehabilitation services. The certificate should be completed in the CRIS Write Client Letters Function, recorded in Activity History, printed, and signed by the Rehabilitation Specialist and/or Supervisor if Rehabilitation Specialist does not have Independent Status. A print copy should be included in the paper record of services.

3.0 INELIGIBILITY DETERMINATION (34 CFR 361.44)

3.1 Ineligibility Determination

If it is determined that an applicant is ineligible for vocational rehabilitation services or that an individual receiving services under an Individualized Plan for Employment is no longer eligible for services, the Rehabilitation Specialist, Supervisor, or District Administrator must:

Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual’s representative;

Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, the reasons for the determination, and the means by which s/he may express and seek remedy for any dissatisfaction, including the procedures for review of a determination by an impartial hearing officer; and

Provide the individual with a description of services available from the Client Assistance Program and how to contact that program; and

Refer the individual to other training or employment related programs that are part of the One-Stop service delivery system under the Workforce Investment Act.

An ineligibility determination should be documented with a Certificate of Ineligibility (see Section 13.2) and Closure Letter in the individual’s record of service.

The state office will initiate a review of all ineligibility determinations that are based on a finding that the individual is incapable of achieving an employment outcome within 12 months and annually thereafter if requested by the individual, or as appropriate, his/her representative.

3.2 Closures Without an Eligibility Determination3.2 Closures Without an Eligibility Determination

An individual’s case file may not be closed prior to making an eligibility determination unless:

S/he declines to participate in, or is unavailable to complete an assessment for determining eligibility; and

A reasonable number of attempts have been made to contact the applicant, or if appropriate, the individual’s representative to encourage the applicant’s participation.

Such a closure should be documented in the Status function of the applicant’s CRIS case file and notification of closure must be provided to the individual in writing or appropriate mode of communication that includes the applicant’s rights of appeal. Closure of a referral prior to receiving an application should be done in the Referral function of the CRIS file and does not require further documentation.

4.0 DEVELOPMENT OF THE INDIVIDUALIZED PLAN FOR EMPLOYMENT

4.1 Procedural Requirements4.1 Procedural Requirements

An Individualized Plan for Employment (IPE) must be designed to achieve an employment outcome that is consistent with the individual’s strengths, priorities, concerns, abilities, capabilities, career interests, resources and informed choice. The development of an IPE must occur within 30 working days of the Certification of Eligibility for Vocational Rehabilitation Services. All IPE’s must be reviewed and updated annually. In developing an individual’s IPE, the Rehabilitation Specialist must ensure that:

It is developed, agreed to, and signed by the individual or, as appropriate, his/her representative.

It is signed and approved by the Rehabilitation Specialist or approved by a rehabilitation Supervisor if the specialist does not have independent status;

It is developed and agreed upon within 30 working days of the individual’s determination of eligibility for vocational rehabilitation services;

The individual or, as appropriate, his/her representative is advised in writing or other appropriate mode of communication of the individuals options for developing an IPE;

If the individual is a student with a disability who is receiving special education services, his/her individual education program is taken into consideration;

The IPE is reviewed with the individual or, as appropriate, his/her representative as often as necessary, but at least once each year to assess progress toward meeting the employment outcome (a review schedule must be developed and included on each IPE);

The IPE is amended, as necessary, by the individual or, as appropriate his/her representative, in collaboration with the Rehabilitation Specialist (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, VR services, or service providers;

Any amendments to an IPE must not take effect until agreed to and signed by the individual or, as appropriate, his/her representative, and by the Rehabilitation Specialist or rehabilitation Supervisor if the specialist does not have independent status.

A copy of the IPE and its amendments is promptly provided to the individual or, as appropriate, his/her representative in the native language and/or mode of communication as requested by the individual or his/her representative.

NOTE: Services on an IPE cannot be initiated until the IPE has been agreed to and signed by the consumer and Rehab Specialist or Supervisor if the Rehab Specialist does not have independent status.

4.2 Options for Development of an IPE

An eligible individual or, as appropriate, his/her representative must be provided in writing of the options for the development of an IPE. These options include:

Assistance from a DBS Rehabilitation Specialist in developing all or part of the IPE;

Assistance from an entity other than DBS (example: Client Assistance Program) based on the individual’s informed choice in developing all or part of the IPE; and

Independent development of all or part of the IPE by the individual.

Each eligible individual who selects options 2 or 3 must be provided the DBS Guidelines for Development of an Individualized Plan for Employment packet in the language and appropriate mode of communication of the individual’s choice. This information packet includes the following:

A description of the full range of components that must be included in an IPE;

An explanation of agency guidelines for services that are based on economic need;

A description of the full range of vocational rehabilitation services;

An explanation of the individual’s responsibility to apply for and seek comparable services and benefits;

Required forms for the development of an IPE and information on the availability of assistance in completing the forms; and

A description of the rights and remedies of the consumers of the VR program including the availability of the Client Assistance Program and how to contact the program.

If an individual chooses to develop all or part of the IPE with assistance from another entity or independently, the IPE must be submitted in writing to the Rehabilitation Specialist in order to be considered for approval.

Regardless of the development method chosen by the individual, the IPE must be:

Agreed to and signed by the individual or, as appropriate, his/her representative; and

Approved and signed by the Rehabilitation Specialist or Supervisor if the specialist does not have independent status.

4.3 Preparation of IPE without a Comprehensive Assessment

To the extent possible, the employment outcome and the nature and scope of services to be included in the IPE must be determined based on the data used for the assessment of eligibility for vocational rehabilitation services.

4.4 Preparation of IPE Based on a Comprehensive Assessment.

If additional data is necessary to prepare the IPE, a comprehensive assessment of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and needs, including the need for supported employment services may be conducted. Such an assessment should be conducted in the most integrated setting possible; consistent with the individual’s informed choice. A comprehensive assessment must be limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the IPE that may include:

An analysis of pertinent medical, psychological, vocational, educational, cultural, social, recreational, and environmental factors, and related functional limitations, that affect the employment and rehabilitation needs of the individual;

An analysis of the individual’s personality, career interest, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities;

An appraisal of the individual’s work behavior and services needed to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance; and

An assessment, through provision of rehabilitation technology services, of the individual’s capacities to perform in a work environment, including in an integrated setting, to the maximum extent feasible and consistent with the individual’s informed choice.

In preparing an assessment for purposes of developing an IPE, existing information must be used to the maximum extent possible, including information that is:

Available from other programs and providers, particularly information used by education officials and the Social Security Administration;

Provided by the individual and the individual’s family; and

Obtained under the assessment for determining the individual’s eligibility and vocational rehabilitation needs.

4.5 Comprehensive Assessment IPE

For those individuals for whom some vocational rehabilitation service needs can be identified, but a long-term employment outcome is uncertain, a comprehensive assessment IPE may be developed for purposes of determining an employment outcome and other required VR services needed to reach an employment outcome.

4.6 Informed Choice

An individualized plan for employment should be developed and implemented in a manner that affords an eligible individual the opportunity to exercise informed choice. Informed choice should be exercised by the individual in selecting:

An employment outcome;

The specific vocational rehabilitation services to be provided under the plan;

The entities that will provide the vocational rehabilitation services;

The employment setting and the settings in which the services will be provided; and

The methods used to procure services.

Note: If a client wishes to use a provider other than a contracted Community Rehabilitation Provider (CRP), client must provide justification in writing.

It is the responsibility of the Rehabilitation Specialist to ensure that an eligible individual is provided or assisted in obtaining information necessary for an individual to make an informed choice about the specific vocational rehabilitation services, including providers of those services, that are needed to achieve his/her employment outcome. This information must include, at a minimum, information relating to the:

Cost, accessibility, and duration of potential services;

Consumer satisfaction with those services to the extent that information is available;

Qualifications of potential service providers;

Types of services offered by the potential providers; and

Degree to which the services are provided in an integrated setting.

4.6.1 Methods or Sources for Facilitating Informed Choice

The following methods or sources may be utilized when assisting an individual in obtaining information necessary to make an informed choice regarding services or service providers:

State or regional lists of services and service providers;

Consumer satisfaction surveys or reports;

Referrals to other consumers, local consumer groups, or disability advisory councils qualified to discuss the services or service providers; and

Relevant accreditation, certification, or other information relating to the qualification of service providers.

5.0 THE INDIVIDUALIZED PLAN FOR EMPLOYMENT

5.1 Content of the IPE

An Individualized Plan for Employment (IPE) must be developed for each eligible individual. The IPE outlines the individual’s employment outcome and the services that will be provided in order to accomplish the employment outcome. The IPE includes the following documents:

The Plan (including the Vocational Goal Statement); and

Employment Outcome Summary

The IPE must include, as appropriate, statements concerning the following items. In parenthesis is the required CRIS documentation to ensure compliance with the federal regulations.

A description of the specific employment outcome that is chosen by the individual that is consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice and to the maximum extent results in employment in an integrated setting (Plan);

The specific rehabilitation services to be provided to achieve the established employment outcome, including, if appropriate, rehabilitation technology services and on-the-job and related personal assistance services as well as the management of such services and a statement that those services are provided in the most integrated setting that is appropriate for the services involved and is consistent with the informed choice of the individual (Plan);

As determined necessary, a statement of the expected need for post-employment services after an employment outcome has been achieved (Employment Outcome Summary);

Timelines for the achievement of the employment outcome and the initiation of the services (Plan);

A description of the entity or entities chosen by the eligible individual or, as appropriate, his/her representative that will provide the services and the methods used to procure those services (Plan);

A description of the criteria that will be used to evaluate progress toward achievement of the employment outcome (Plan);

The terms and conditions for the provision of vocational rehabilitation services, including:

The responsibilities that DBS will assume in relation to the achievement of the employment outcome;

The responsibilities the individual will assume in relation to the achievement of the employment outcome;

The extent of the individual’s participation in the cost of services, if applicable;

The responsibility of the individual with regard to applying for and securing comparable services and benefits; and

The responsibilities of other entities as a result of arrangements made pursuant to comparable services and benefits (Plan);

For individuals who are also eligible for services under IDEA, a summary of relevant elements of the individualized education program (IEP) for that individual, including, as appropriate, a summary of the relevant goals, objectives, and coordinated services identified in the IEP (Plan); and

For individuals who will be receiving supported employment services:

Specification of the supported employment services to be provided by DBS (Plan);

Specification of the expected extended services needed, which may include natural supports (Plan); and

Identification of the source of extended services or, to the extent that it is not possible to identify the source of extended services a the time the IPE is developed, include a description of the basis for concluding that there is a reasonable expectation that those sources will become available. (Employment Outcome Summary).

5.2 IPE Signatories

The individualized plan for employment must be:

Agreed to and signed by the individual or, as appropriate, his/her representative.; and

Approved and signed by the Rehabilitation Specialist or Supervisor if the specialist does not have independent status.

5.3 IPE Review and Amendment Processes

The IPE must be reviewed, at a minimum, annually by the Rehabilitation Specialist and the individual or, as appropriate, his/her representative. As a result of the review, the IPE should be amended to reflect any substantive changes to the employment outcome, VR services, or service providers. The amendments will not take effect until agreed to and signed by the individual or, as appropriate, his /her representative and the Rehabilitation Specialist or Supervisor if the specialist does not have independent status.

A copy of the Plan and Plan amendments, should be given to the individual in an accessible format and, if necessary, supplemented by an appropriate mode of communication.

6.0 RECORD OF SERVICES

A record of services must be maintained for each applicant or eligible individual which includes the IPE documents as well as other documents which do not require the individual’s signature or that copies be provided to the individual, or as appropriate, his/her representative. The record of services includes, to the extent pertinent, the following documentation:

Documentation supporting the determination that an individual is either eligible or ineligible for vocational rehabilitation services (Certificate of Eligibility or Certificate of Ineligibility);

Documentation supporting the determination that the individual has a significant disability or a most significant disability (Disability Summary);

If an individual with a significant disability requires an exploration of abilities, capabilities, and capacity to perform in realistic work situation through the use of trial work experiences or, as appropriate, an extended evaluation in order to determine whether s/he is an eligible individual. Documentation supporting the need for and the plan relating to that exploration or, as appropriate, extended evaluation (Certificate of Eligibility for Work Trials or Extended Evaluation, see Section 13.5);

Documentation supporting the periodic assessments conducted during the extended evaluation (Scheduled Review Notes); and

The written plan developed for the trial work experiences or extended evaluation (Work Trials or Extended Evaluation Plan);

The IPE, and any amendments to the IPE, Plan and Plan Amendments, Employment Outcome Summary);

Documentation describing the extent to which the applicant or eligible individual exercised informed choice regarding the provision of assessment services. And, documentation of the extent to which the s/he exercised informed choice in the development of the IPE with respect to the selection of the specific employment outcome, the specific services needed to achieve the employment outcome, the entity to provide the service, the employment setting, the settings in which the services will be provided, and the methods of procurement (Plan and Vocational Goal Statement, see Section 13.3);

In the event that an individual’s IPE provides for services or a job placement in a non-integrated setting, a justification for that non-integrated setting (Vocational Goal Statement and/or Employment Outcome Summary);

Documentation of periodic reviews and evaluations of progress toward achieving an employment outcome (Scheduled Review Case Progress Report and/or IPE Case Progress Reports);

In the event that an individual obtains competitive employment, verification that the individual is compensated at or above the minimum wage and that the wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals (CRIS Closure Information); and

Documentation concerning any action and decision resulting from a request by an individual for review of a Rehabilitation Specialist, Supervisor, or District Administrator (Case Progress Reports and/or Letters of Notification to Individual)

In the event that an individual obtains an employment outcome in an extended employment setting, documentation of the results of the annual reviews, the individual’s input into those reviews, and the individual’s or, if appropriate, his/her representative’s acknowledgement that those reviews were conducted (Case Progress Reports);

In the event that an individual requests that documentation in the record of services be amended and it is not amended, documentation of the request must be made in the Case Progress Reports section in CRIS;

In the event that an individual is referred to another program, documentation of the nature and scope of services provided to the individual and on the referral itself (Case Progress Reports); and

In the event that an individual’s record of services is closed as a successful employment outcome, documentation that demonstrates the services provided under the IPE contributed to the achievement of the employment outcome (Case Progress Reports and Employment Outcome Summary).

7.0 SCOPE OF VOCATIONAL REHABILITATION SERVICES (34 CFR 361.48)

7.1 Economic Need Eligibility for Vocational Rehabilitation Services

The Division of Blind Services considers the financial need of eligible individuals or individuals who are receiving services during a trial work experience or an extended evaluation for purposes of determining the extent of their participation in the cost of vocational rehabilitation services. Financial need guidelines must be applied uniformly and equitably to all individuals requiring services which are based on economic need (See Section 7.5). To ensure this, an Economic Need Application (DBS-007) must be completed for all individuals who require vocational rehabilitation services that are based on economic need.

NOTE: Economic eligibility is determined based upon the family unit on a reasonable basis, considering the financial responsibility of family members for each other. Even upon attaining the age of 18, when parents claim the client as a dependent on their income taxes, the client is considered to be a part of that family unit for the purposes of determining economic eligibility.

7.2 Economic Need Eligibility for Social Security Beneficiaries

All services must be provided without regard to financial need for individuals who have been determined eligible for Social Security Benefits (SSI Disable, SSI Blind, SSDI).

7.3 Economic Need Exceptions

The District Administrator must approve all financial exceptions for individuals whose monthly income falls above the Total Available Income as calculated on form DBS-007 and outlined in the table below.

The following criterion must be used when making an exception:

The individual's expenditures for subsistence items (food, shelter, and clothing) must exceed 70% of the applicable gross monthly income.

When the financial status of family unit results in the client being ineligible, and it is clearly demonstrated that the family unit will not or cannot provide financial support, the client will otherwise not receive appropriate services.

No. of Persons in Family	Gross Monthly Income
1	917
2	1451
3	1828
4	2206
5	2583
6	2961
7	3338
8	3716

7.4 Services Provided Without Regard to Economic Need

The following services should be provided without regard to economic need:

Assessment for determining eligibility;

Assessment for determining vocational rehabilitation needs, 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 help applicants and eligible individuals secure needed services from other agencies if such services are not available in the vocational rehabilitation program;

Vocational and other training services, including personal and vocational adjustment training, 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 unless maximum efforts have been made by DBS and the individual to secure grant assistance in whole or in part from other sources to pay for that training;

Books, tools, and other training materials;

Transportation in connection with the rendering of any vocational rehabilitation service;

Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome;

Occupational licenses, tools, equipment, initial stocks and supplies;

Interpreter services for individuals who are deaf and tactile interpreting services for individuals who are deaf-blind;

Reader services, rehabilitation teaching services, and orientation and mobility services, including adequate training in the use of public transportation vehicles and systems;

Rehabilitation technology devices and services including rehabilitation engineering, assistive technology devices (including computer systems), assistive technology services, telecommunications, sensory, and other technological aids and devices;

Job-related services, including job search and placement assistance, job retention services, follow-up and follow-along services;

Supported employment services;

On-the-job or other related personal assistance services provide while and individual is receiving other VR services;

Post-employment services consisting of 1-15 necessary to assist an individual with a disability to retain, regain, or advance in employment; and

Transition services consisting of 1-15 for students with disabilities, that facilitate the achievement of the employment outcome identified in the IPE.

NOTE: All services must be provided WITHOUT regard to financial need for individuals who have been determined eligible for Social Security Benefits (SSI Disabled, SSI Blind, SSDI).

7.5 Services Based on Economic Need

The following services should be provided with regard to economic need in accordance with the economic need guidelines.

Diagnosis and treatment of physical and mental impairments including (See Division Policy 8.7)

Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time;

Necessary hospitalization in connection with surgery or treatment;

Prosthetic and orthotic devices;

Eyeglasses and visual services as prescribed by qualified personnel who meet State licensure laws and who are selected by the individual;

Special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-stage renal disease; and

Diagnosis and treatment for mental and emotional disorders by qualified personnel who meet State licensure laws;

Maintenance for additional costs incurred while participating in an assessment for determining eligibility and vocational needs or while receiving services under an individualized plan for employment (See Section 7.13.1 for information related to maintenance for college students);

Services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome; and

Post-employment services consisting of 1-3 necessary to assist an individual with a disability to retain, regain, or advance in employment.

NOTE: All services must be provided WITHOUT regard to financial need for individuals who have been determined eligible for Social Security Benefits (SSI Disabled, SSI Blind, SSDI).

7.6 Assessment Services for Determining Eligibility

Vocational rehabilitation services should be provided in assessing an individual’s eligibility for services only if:

Existing data do not describe the current functioning of the individual; or

Existing data are unavailable, insufficient, or inappropriate to make an eligibility determination.

When appropriate, the provision of rehabilitation technology services and work site assessments should be provided to an individual to assess and develop the capacities of the individual to perform in a work environment.

7.7 Assessment for Determining Vocational Rehabilitation Needs

To the extent possible, the employment outcome and the nature and scope of services must be determined based on the data used for the assessment of eligibility. If additional data are necessary for determining vocational rehabilitation needs, an assessment should be conducted in the most integrated setting possible, consistent with the individual’s informed choice.

Such an assessment must be limited to information that is necessary to identify the individual’s rehabilitation needs and may include, but is not limited to, the following vocational rehabilitation services:

Medical, psychological, and vocational assessments;

Personality, career interests, vocational aptitudes, and intellectual potential;

Work attitudes, work tolerance, and social and behavioral assessments; and

An assessment through the provision of rehabilitation technology services by a person skilled in rehabilitation technology of the individual’s capacities to perform in a work environment.

7.8 Vocational Rehabilitation Counseling and Guidance

Vocational rehabilitation counseling and guidance for individuals must be provided throughout the rehabilitation process. The goal of VR counseling and guidance is to assist the individual in obtaining, maintaining, regaining, or advancing in employment. Counseling and guidance should promote independence, enhance self-esteem, and assist individuals in making informed choices regarding their rehabilitation. Counseling and guidance includes information and support services to assist an individual in exercising informed choice.

(i.e. career center materials, screening instruments, one-to-one counseling sessions, job-tryouts, job-shadowing, volunteering, and employability skills classes).

7.9 Referral Services

All individuals should be provided with referral and other services designed to assist them in securing needed services from other agencies. Programs funded by other federal programs should be utilized whenever possible as specified in section 8.0 "Comparable Services and Benefits".

7.10 Diagnosis and treatment of physical and mental impairments

(See Definition 12.8) should be provided to the extent necessary for an individual to achieve maximum vocational potential for obtaining an employment outcome (See Division Policy 8.7). Emphasis should be placed on sight restoration services or medical intervention to prevent further loss of vision. (Experimental eye, physical, or mental restoration services must not be sponsored by DBS.)

NOTE: The Rehabilitation Center is exempt from seeking comparable services and benefits for the provision of emergency medical services while an individual is in training at the Center.

7.10.1 Intercurrent Illness

Treatment of an illness, which occurs during the course of an individualized plan for employment that prevents participation in the program, may be sponsored for an eligible individual. An IPE amendment must be written to include services for intercurrent illness treatment. Minor physical ailments that do not interfere with participation in an individualized plan for employment cannot be considered intercurrent illnesses, and other comparable services and benefits or individual resources should sponsor treatment.

7.10.2 Dental Services

An individual may be provided dental services if the dental condition is a substantial impediment to employment and meets one or all of the following criteria:

Causes cosmetic problems severe enough to prevent an individual from obtaining a job which involves serving the public or will cause loss of the job unless the condition is corrected;

Results in toxic poisons which cause physical symptoms in other parts of the body or aggravate an already existing disability; or

Is an acute dental emergency that interferes with employment and/or the provision of other services.

7.10.3 Provision of Services during Pregnancy

There is no established policy that precludes continuing services under an IPE during pregnancy. Medical services related to pregnancy should be provided through comparable benefits and services or individual resources. If it is determined that a pregnant individual cannot or does not wish to pursue her employment outcome after delivery, services should be discontinued.

7.10.4 Eye Surgery

When an eye condition presents an impediment to employment, DBS may provide for surgery or other medical treatment. In addition, the IPE should reflect eye medical services.

7.11 Vocational and Other Training

DBS provides vocational and other training services including personal adjustment, vocational, and any other organized training that is necessary for the individual to meet his/her employment outcome as outlined on the IPE. Progress reports from the training provider are required throughout the training period (Example: semester grade reports, CPR monthly training reports).

All training facilities used must be in compliance with Title VI of the Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

In order to participate in DBS sponsored training, an individual must meet the following criteria:

The individual must have a bilateral visual impairment that results in a substantial impediment to an employment or independent living outcome; and

Surgery or treatment cannot eliminate the visual impairment.

7.11.1 Post-Secondary Training.

Post-secondary training may be sponsored by DBS if the individual requires such training to obtain his/her employment outcome. The following guidelines must be followed when determining the level of DBS sponsorship for post-secondary training:

DBS will only sponsor the cost that would be required if the individual attended a state university as a Florida resident.

DBS will support individuals in attending private or out-of-state universities only when the degree program can be justified in terms of the individual's employment outcome, and it is clearly in the best interest of the individual to attend the private institution.

DBS will only sponsor individuals at institutions that are fully accredited.

DBS will only sponsor individuals to the Bachelor’s level unless it can be documented that the individual is unable to reach the selected employment goal without additional training and education. Our goal is to provide the entry-level skills necessary to level the playing field so consumers may enter the world of work.

DBS will only sponsor a class one time. If a consumer fails or drops a class he or she will be responsible for paying to retake the class.

The District Administrator given the rehabilitation needs of the individual may approve exceptions to 1 and 2. If an individual chooses an out-of-state institution at a higher cost than an in-state institution and if either institution can meet the individual’s rehabilitation needs, DBS will only sponsor fees at the in-state rate. The individual will be responsible for all fees in excess of the cost of the in-state fees.

No training or training services in an institution of higher education may be sponsored by DBS unless maximum efforts have been made by the Rehabilitation Specialist and the individual to secure grant assistance in whole or in part from other sources.

An individual must maintain the minimum academic standards established by the post-secondary institution and must provide grade records after each academic term throughout the program.

The IPE must indicate the number of semester/quarter hours the individual will attend in the post-secondary program. Students receiving financial aid will be expected to take the number of hours required by the financial institution providing the assistance. When it has been jointly agreed that the individual will attend the educational institution on a full time basis, full-time will be considered 12 semester hours unless the institution’s definition of full time is different.

7.11.2 On-the-Job Training

On-the-job-training (OJT) is the placement of an individual with an employer who agrees to train that individual for entry into a competitive, integrated work setting. OJT allows an individual to be trained, supervised, and compensated as a regular employee of the work site. All labor regulations apply for the individual participating in an OJT, e.g. Social Security, income tax, worker's compensation, and unemployment insurance.

The employer is responsible for paying the individual for the OJT; however, DBS may pay the employer a training fee equal to the regular employee wage plus the cost of benefits which are customarily available from the employer. Training fees should be reduced on a monthly basis until the employer is fully responsible for the individual’s wages and benefits.

In addition to the IPE, a training agreement between the employer, DBS, and the individual must be developed specifying the objectives, evaluation criteria, and time frames for fee payment and final placement. Training progress reports from the employer are required throughout the training period.

7.11.3 Work Experience

Work experience training may be provided for an individual to learn employability skills and transferable job skills in his/her chosen vocational field. Work experience training should occur on an actual work site, and the IPE must clearly indicate the type of training and specific skills to be acquired.

Documentation of visits by the Rehabilitation Specialist and monthly training reports from the employer are to be included in the individual’s record of service. The Rehabilitation Specialist must ensure that the individual is provided with adequate instruction and on-going support in order to achieve the desired work experience outcome. The use of trained job-coaches can be utilized to assist in learning job related tasks and skills. The services of the job coach should be reduced as the client demonstrates and performs the required job tasks.

Work experience stipends are available at the rate of $5 an hour to cover costs incurred by the individual through participating in the work experience. (e.g. transportation, clothing, etc.) Transportation expenses should not be paid if an individual is receiving a stipend. In case of an injury on the work experience site, medical expenses may be paid as an intercurrent illness (see section 7.10.1, "Physical and Mental Restoration Services") by DBS.

7.11.4 Rehabilitation Center Training

The DBS Rehabilitation Center for the Blind, a residential facility located in Daytona Beach, provides rehabilitation teaching for blindness and low vision skills as well as many vocational training opportunities which include:

Food Service Training;

Business Enterprise Management Training;

Medical Transcription Training; and

Computer Training.

The Manderfield Technical Training Lab (MTTL) housed at the Rehabilitation Center offers comprehensive computer and technology training including job re-engineering. Vocational evaluation services are also available at MTTL for individuals statewide.

Individuals in 02 or 06 status may be referred to the Rehabilitation Center for assessment services for determining eligibility and/or vocational rehabilitation needs; however, individuals attending training must be eligible for vocational rehabilitation services. An individual’s IPE should include the training services and all needed support services for which the individual is eligible, (e.g. transportation, medication, visual aids). NOTE: All clients that attend the Rehabilitation Center in Daytona for training purposes will receive fifty dollars ($50.00) monthly maintenance for socialization regardless of income.

All referrals to the Rehabilitation Center and MTTL should be generated in the individual’s CRIS case file (Case Tracking, CPR Referral sub-function). Notification should be made to the Rehabilitation Center or MTTL of the referral via email.

7.11.5 Other Division Training Programs

DBS contracts with community rehabilitation programs (CRP) to provide adjustment, prevocational, and vocational training. The types of services provided by the local CRP are contingent on the capabilities of and contract with each facility. The District Administrator or designee should be contacted for more detailed information.

The Florida Lions Conklin Center for Multi-handicapped Blind is a residential facility that provides a variety of services to blind individuals who have one or more additional disabilities. Services include evaluation, vocational training, job placement, and supported employment. Conklin Center staff may provide an evaluation in the home of the individual and/or an extensive two-week evaluation at the Center.

All referrals to the CRPs serving individuals who are blind and visually impaired must be made on the Referral Form located in the CRIS CRP Referral subfunction. (Additional information that is required is noted on the form.)

Referral processes to CIL's or any other agency providing services to individuals receiving vocational rehabilitation services should be developed at the local level to provide individuals with easy access to services.

7.11.6 Business, Vocational, and Technical Schools

Individuals requiring training from a business, vocational or technical school should be provided with information to assist them in selecting a training facility that offers a curriculum that will lead to successful achievement of their employment outcome. DBS will only sponsor accredited schools and pay tuition at the rate of a public business, vocational, or technical schools. Exceptions may be made by the District Administrator if training at a private school has been justified in terms of the individual’s employment outcome, and it is clearly in the best interest of the individual to attend a private facility.

As with college and university training, maximum efforts must be made by the Rehabilitation Specialist and the individual to secure grant assistance in whole or in part from other sources prior to DBS sponsorship.

7.12 Books, Tools, and Other Training Materials

Books, tools, and other training materials may be purchased for individuals participating in post-secondary training, work experience training, on-the-job training, and for initial placement when other persons who are hired would need to pay for such books or supplies.

Books and training materials should be provided in an accessible format of the individual’s choice. The Bureau of Braille and Talking Book Library Services staff can assist Rehabilitation Specialists or individuals in finding the most efficient method in obtaining accessible materials.

7.13 Maintenance

Maintenance (see Definition 12.19) is monetary support provided to an applicant or eligible individual for additional costs incurred while participating in an assessment for determining eligibility and vocational needs or while receiving services under an IPE (e.g. child care, clothing). Maintenance services may include living expenses only to the extent that they are in excess of an individual's normal expenses and are necessitated by the individual’s participation in an eligibility assessment, needs assessment, or program of vocational rehabilitation services.

7.13.1 Maintenance for Rehab Center Attendees

All clients attending the Rehab Center in Daytona for training purposes should receive $50.00 monthly for socialization regardless of income.

7.13.2 Maintenance for College Students

For college students who have been determined eligible for services based on economic need (See Section 7.1), maintenance may be provided to individuals for cost incurred while in college. (See Economic Need Criteria, Section 7.3). Consequently, college students must apply for and receive a determination of their status with the PELL grant before DBS will determine that they meet DBS financial eligibility criteria and are eligible for maintenance. When the client is denied the Pell Grant based on income of parents, the client is not eligible to receive maintenance. For college students who have been determined eligible for services based on economic need (See Section 7.1), maintenance may be provided to individuals for cost incurred while in college. (See Economic Need Criteria, Section 7.3).

All reasonable efforts must be made by the client to apply for and utilize similar benefits. Similar benefits include food stamps, discounted or free transportation where available and other possible sources of assistance to be determined based upon the resources of the college and the district.

NOTE: When an individual is transferring from district to district to attend college, the receiving rehabilitation specialist must be consulted when determining the amount of monthly maintenance as well as having discretion in amending the plan as necessary.

7.14 Transportation

Transportation services are necessary travel and related expenses (not to exceed state regulated per diem allowances) in connection with transporting individuals or applicants and their attendants or escorts for the purpose of participation in other vocational rehabilitation services being provided. Transportation may include relocation and moving expenses necessary for achieving an employment outcome.

Transportation costs and necessary food and lodging during travel may be paid to an escort or attendant. A fee or salary should not be paid if the escort or attendant is normally available to the applicant or individual.

7.15 Services to Family Members

For purposes of providing VR services, "family member" means an individual

Who either:

is a relative or guardian of an applicant or eligible individual; or

lives in the same household as an applicant or eligible individual;

Who has a substantial interest in the well-being of that individual; and

For whom receipt of services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

All services to family members must be prior approved by the District Administrator.

7.16 Interpreter Services for Individuals Who Are Deaf or Deaf-Blind

Interpreter services, including tactile interpreting, for individuals who are deaf or deaf-blind may be sponsored by DBS. Interpreter services should be provided if such services are necessary for the applicant or individual to participate in an assessment or receive vocational rehabilitation services. An individual’s IPE should address the need for interpreter services upon achieving an employment outcome and the resources available for the provision of such services after DBS case closure.

7.17 Reader Services

Reader service should be available to individuals who require reader assistance to achieve an employment outcome. This may include individuals participating in a training program or who are actively seeking employment and need assistance in completing job applications, preparing resumes, and/or researching occupational information. Individuals should be informed about the Bureau of Braille and Talking Book Library Services and other organizations that provide accessible materials.

DBS will provide the current minimum wage as payment for reader service that is not technical in nature. Hourly wages can be negotiated with the District Administrator or designee for reading which requires expert knowledge (e.g. reading foreign language, highly technical or scientific text). Readers must be advised that earnings will be reported to the Internal Revenue Service and that they are responsible for paying income and Social Security taxes on the money earned.

7.18 Tutor Services

Tutor services should be available to individuals who are participating in a training program and require tutor services to achieve an employment outcome. However, student must explore all other resources (i.e. Student Disability Center) prior to requesting tutor services. Tutor services must be prior authorized. Tutors are individuals who are knowledgeable in the subject area and have the skill to teach the specified subject. A legitimate need for each subject for which these services are requested must be demonstrated.

Generally, tutors are needed on an occasional basis when a student has difficulty with a particular class. Tutor services are most often needed for classes that a student may be less familiar with, such as those outside of one's major area of study. Upon justifying the need for tutor services, they may be authorized for up to the same number of hours per week as the class. For instance, for a three-hour class, three hours of tutor service may be authorized per week. This is in addition to reader service hours. It is expected that a majority of coursework be completed without the assistance of tutors.

Should tutors be requested for more than one third of courses over a period of one year, the student must meet with his/her DBS specialist and supervisory personnel to discuss whether or not the selected training program is appropriate, and/or if college continues to be an appropriate vocational goal. The hourly rate for tutors is negotiable. However, tutorial rates for upper level and technical classes may be paid at a higher rate as established by the local District Administrator in accordance with local college policies for payment of tutors.

7.19 Rehabilitation Teaching Services

Rehabilitation teaching services provide instruction in techniques and the use of aids and appliances that are specifically designed to increase an individual’s independence both on and off the work site. An individual may require such services in order to achieve and/or maintain an employment outcome. Providers of rehabilitation teaching services may include:

DBS district rehabilitation teachers;

Community Rehabilitation Programs;

DBS Rehabilitation Center;

Adult Basic Education classes; and

Centers for Independent Living.

7.20 Orientation and Mobility Services

Orientation and Mobility (O&M) services may include, but are not limited to, instruction in the use of sighted guide; cane skills; principles of indoor and outdoor orientation to the environment; street crossings; use of public transportation vehicles and systems; and traveling in unfamiliar environments. O&M services should be provided to an individual when it is necessary in order to participate in an individualized plan for employment, for the achievement of an employment outcome, and for increasing/maintaining independence in the community.

DBS does not provide individuals with dog guides or training with dogs; however, individuals may be assisted in making all the necessary arrangements for obtaining a dog guide. If an individual meets the economic need requirements, assistance may be provided in paying the mandatory application fee and transportation expenses. DBS can provide orientation and mobility assistance to an individual who has acquired a dog guide if emergency assistance in the home environment is necessary, or if the individual experience problems with the dog guide in an unfamiliar environment.

7.21 Job Search and Placement Assistance; Job Retention Services

7.21.1 Job Search and Placement Assistance.

Job search and placement assistance should be provided to eligible individuals for purposes of obtaining, maintaining, or regaining an employment outcome as well as career advancement consistent with an individual’s informed choice. Such services may include, but are not limited to the following:

Job Development and Marketing;

Job Follow-up and Job Follow-along;

Assistive Technology and Rehabilitation Engineering;

Job analysis and modification of tasks;

Training in interview skills;

Resume development and application completion; and

Assistance with interviews and appointments.

An individual’s IPE must indicate the responsibilities agreed upon by both the Rehabilitation Specialist and the individual with regard to job search and placement.

Once an individual obtains employment in his/her chosen field, follow-up services should be provided to insure job stability and access to the work environment. Such services may include, but are not limited to:

Rehabilitation Technology;

Orientation and Mobility;

Job Coaching;

Supported Employment Services (see Definition 12.2.7);

Personal Assistance Services; and

Transportation Services.

7.21.2 Small Business and Self-Employment.

Technical assistance and other consultation services may be provided to conduct market analyses and develop business plans to individuals who have identified an employment outcome of self-employment or small business development.

Rehabilitation specialists should refer to the DBS self-employment Policy for specific guidelines regarding the development and implementation of an IPE with the employment outcome of self-employment or small business development.

7.21.3 Job Retention Services.

Job retention services may be provided to an individual who is experiencing disability-related difficulties in maintaining employment. These services may be provided to an eligible individual during the implementation of his/her individualized plan for employment or as post-employment services.

Work related difficulties might include inability to access the work environment, absenteeism, tardiness, or poor co-worker relationships. Retention services to address the individual’s needs may include, but are not limited to:

Rehabilitation Technology;

Supported Employment Services;

Job Coaching;

Counseling and Guidance; and

Personal Assistance Services.

7.22 Supported Employment Services

Supported employment services (see Definition 12.27) means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in entering and/or maintaining integrated, competitive employment.

Supported employment services must be based on a determination of the needs of an eligible individual, as specified in an Individualized Plan for Employment. These services may be provided for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the Rehabilitation Specialist jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the Individualized Plan for Employment.

The outcome of supported employment services is supported employment in a competitive, integrated setting. Supported employment outcomes are intended for individuals:

For whom competitive employment has not traditionally occurred; or

For whom competitive employment has been interrupted or intermittent as a result of severe disability; and

Who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work.

An individual is eligible to receive supported employment services if the following criteria are met:

The individual is eligible for vocational rehabilitation services;

The individual is determined to be an individual with a most significant disability; and

A comprehensive assessment of rehabilitation needs of the individual, including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate rehabilitation objective for the individual.

On-going support services (see Definition 12.20) must be provided to individuals in supported employment, and extended services (see Definition 12.11) must be arranged prior to a successful outcome determination. The provider of extended services must be identified either on the individual’s IPE or Employment Outcome Summary. Extended services should be provided by a private nonprofit organization, employer, or other appropriate resource, but must be provided from funds other than those received under Title VI part B.

On-going support services and extended services may consist of, but are not limited to, the following:

A particularized assessment supplementary to the comprehensive assessment;

The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;

Job development;

Placement in an integrated setting for the maximum number of hours possible based on the unique strengths, resources, interests, concerns, abilities, and capabilities of individuals with the most severe disabilities;

Social skills training;

Regular observation or supervision of the individual;

Follow-up services such as 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 during the time-limited VR funded training only;

Facilitation of natural supports at the work site; and

Any other service identified; or

A service similar to another service previously listed.

The Florida Lions Conklin Center for the Multi-handicapped Blind provides supported employment services and assessment services on a statewide basis. DBS provides several CRPs with funds to provide local supported employment services. Title I funds may be used to pay for supported employment services to other agencies that have not traditionally provided services to individuals with visual impairments but have shown successfully supported employment outcomes with other individuals who are most significantly disabled.

NOTE: In addition to meeting the criteria for a successful employment outcome (See Section 10.1), an individual receiving supported employment services must have successfully maintained the employment outcome for a minimum of 150 days from stabilization of employment. Supported employment is considered a competitive employment outcome when all criteria for competitive employment have been met (See Definition 12.7).

7.23 Personal Assistance Services

Personal assistance services (see Definition 12.21) include a range of services designed to assist an individual to perform daily living activities on or off the job that the individual would typically perform without assistance if he/she 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. Personal assistance 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.

Training and rehabilitation technology should be provided, if appropriate, in an effort to eliminate the need for continuing services and to maximize independence on and off the job. The degree to which an individual requires on-going personal assistance services must be evaluated prior to his/her completion of a individualized plan for employment, and assistance should be provided in securing those services through other resources such as Centers for Independent Living and Developmental Services.

7.24 Post-Employment Services

Post-employment services (see Definition12.23) should be provided, as needed, for all successfully rehabilitated individuals, including those who have been trained and placed through supported employment.

In order for an individual to be eligible for post-employment services:

He/she must have previously been determined to be successfully rehabilitated;

Services must be necessary to assist the person in maintaining, regaining, or advancing in employment; and

The services required must not entail a complex or comprehensive rehabilitation effort over an extended period of time.

The individual should be placed in status 32 and an individualized plan for employment must be developed to include those services required for maintaining or regaining employment. Upon completion of services, a Post-Employment Outcome Summary (see Section 13.7) must be completed, and the individual should be closed in status 33.

7.25 Occupational Licenses, Tools, Equipment, Initial Stocks, and Supplies

Tools, equipment, initial stocks, and supplies may be purchased for an eligible individual when they are necessary to achieve an employment outcome. Fees for obtaining an occupational license may be sponsored for an individual if the license is required for employment in his/her chosen field. Prior to purchasing an occupational license, contact should be made with the tax collecting authority to investigate possible exemptions that may apply to blind or visually impaired individuals.

7.26 Rehabilitation Technology Devices and Services

Rehabilitation technology (see Definition 12.25) services include rehabilitation engineering, assistive technology devices, and assistive technology services. Rehabilitation technology should be provided with the goal of obtaining, maintaining, regaining, or advancing in employment.

For complex technological situations, the rehabilitation engineer at Manderfield Technical Training Lab (MTTL) may be consulted or a private technology consultant may be hired at DBS fee for service rates.

When purchasing rehabilitation technology goods and services the guidelines in Division’s Procedure 6.8 must be followed.

7.27 Provision of Equipment and Computer Software Upgrades

To ensure appropriate dispersion of equipment and software upgrades for consumers with visual disabilities, the following must apply:

The consumer’s employment and vocational training outcome is proven to be affected by the need for equipment and computer software upgrades. (See Division Policy 6.9)

The computer must be chosen from the recommended quotes provided by the DBS Rehabilitation Engineer. (See Division Policy 6.9)

Note: If any variations are necessary, they must be approved by the DBS Rehab Engineer. If client request a computer package that is different from the recommended packages, the client is responsible for repair and support expenses incurred.

7.28 Transition Services

Transition services (see Definition 12.2.8) should be provided for school aged individuals who have been determined eligible for vocational rehabilitation services. Eligibility of students for VR services should be addressed as they are exiting the 8^th grade or at age 14. Eligibility determination for transition services must be done based on the results of the Transition Competencies Checklist, which is to be administered by the Transition Specialist. Eligibility criteria include eye medical reports, specialist observations, information provided by individual or the individual’s family, and information from other agencies as necessary. (See section 2.6) The Children and Families Rehab Specialist will assist by completing a Transition Referral Summary Form and submit it to the Transition Specialist upon referral of the student to the Transition Program. Once the student has been assessed and determined eligible for the Transition Program, a new case file must be created by the Transition Specialist containing information relevant to the Transition Program only.

Note: A review of eligibility for the VR program must be made no later than age 16 unless the student and his/her parent, guardian, or representative do not wish to apply for VR services.

Development and implementation of an IPE must occur with the full involvement of the eligible individual and his/her parent or guardian, and in accordance with VR IPE development procedures (see Section 4.0). The IPE should be designed to facilitate transition from school to work, independent living, and/or post-secondary education. The IPE should be based on the IBS results and address deficits identified in the assessment.

Transition IPEs should emphasize career development and exploration. A transition IPE may include such services as job shadowing, interest/skills inventories, attending career fairs, learning to write a disability statement, development of job seeking skills, and work experience.

IPE development should be done in conjunction with the Individual Education Plan (IEP) and/or Individual Transition Plan (ITP) processes if the individual is receiving special education services in the public school system. Emphasis should be placed on providing pre-vocational activities and career exploration that will lead to an appropriate employment goal based on the individual’s informed choice.

It is the responsibility of DBS to plan, provide, and coordinate services to meet the expected outcomes that lead to an employment goal in conjunction with services available to the individual in the school system. Upon exiting the school system, an individual will continue to participate in the IPE process and receive vocational rehabilitation services that are required and have been planned to achieve an employment outcome.

7.29 Ticket to Work

The purpose of the Ticket to Work Program is to expand employment opportunities for people with disabilities. The program provides a ticket to Social Security Disability (SSDI) and Supplemental Security Income (SSI) beneficiaries that may be used to obtain rehabilitation and employment services. The Ticket program is voluntary. An individual may chose to receive services from a public or private service provider in his or her community. Private providers must be registered as Employment Networks (En’s) with the Social Security Administration to accept tickets. Clients may call 1-866-YOURTICKET or visit the Social Security web site at www.ssa.gov/work for a directory of Employment Networks. If a ticket holder chooses to assign his or her ticket to DBS, they are presumed eligible for services. Current clients may also choose to assign their ticket to DBS.

When a ticket is presented, the ticket assignment form (SSA-1365) is to be completed and faxed to Maximus at 1-703-683-3289. This form is available at each district office and is also located on the O drive under VR Program Forms and Information. The original form and ticket are to be placed in the client file. The client’s name and social security number are to be e-mailed to the state office representative for record keeping.

Ticket assignment forms should not be completed until the client is in plan development (status 10). Forms are to be completed and faxed to Maximus within two weeks of the signing of the IPE.

Maximus

Maximus is the organization that was selected by SSA to administer the Ticket to Work Program. Those who have questions about the ticket program should contact Maximus at 1-866-968-7842 (1-866-YOURTICKET) or visit the Maximus web site at www.yourtickettowork.com.

Benefits to Ticket Holders

When ticket holders assign their ticket to a provider they receive the following benefits:

Expanded availability of health care services - Medicare Part A premium-free coverage is extended four and a half years beyond the current limit (39 months) for those beneficiaries who have returned to work.

Expedited reinstatement of benefits - Beneficiaries who have had their disability benefits discontinued because of earnings from work will be able to request reinstatement of benefits without filing a new application if they are unable to continue to work because of their medical condition.

Deferral of medical disability reviews - Beneficiaries who use their ticket will not be subject to regularly scheduled continuing disability medical reviews.

Benefits planning assistance and outreach*- Organizations that assist beneficiaries by providing work incentives planning and assistance.

Protection and advocacy- Organizations that assist beneficiaries by providing free advice and information on vocational rehabilitation, employment services, and legal matters.

*For more specific information, visit the state-by-state contact list at www.ssa.gov/work.

Ticket Reassignment

Ticket holders are to contact Maximus if they wish to reassign their ticket to another Employment Network.

7.30 Other Goods and Services

Other goods and services may be provided which are determined necessary for an individual to achieve an employment outcome. Such services are provided on an individual basis and may be subject to DBS economic need guidelines.

8.0 COMPARABLE SERVICES AND BENEFITS

Prior to providing vocational rehabilitation services to an eligible individual or his/her family, it must be determined whether comparable services and benefits (see Definition 12.6) exist under any other program and whether those services and benefits are available to the individual.

If comparable services and benefits exist under any other program and are available to the individual at the time needed to achieve the rehabilitation objectives in his/her IPE, those services and benefits must be utilized to meet, in whole or in part, the cost of VR services.

If comparable services and benefits exist, but are not available at the time needed to satisfy the rehabilitation objectives in the IPE, DBS must provide VR services until those comparable services and benefits become available.

The following services are exempt from a determination of the availability of comparable services and benefits:

Assessment for determining eligibility and vocational rehabilitation needs;

Counseling and guidance, including information and support services to assist an individual in exercising informed choice;

Referral and other services to secure needed services from other agencies including other components of the Workforce Investment One-Stop service system, if such services are not available through the vocational rehabilitation program;

Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;

Post-employment services consisting of 1-5.

The requirement of utilizing comparable services and benefits does not apply if:

The determination of the availability of comparable services and benefits under any other program would delay the provision of VR services to an individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate, qualified medical professional;

An immediate job placement would be lost due to a delay in the provision of comparable services and benefits; or

Use of a comparable service or benefit would delay an individual’s progress in achieving an employment outcome.

9.0 REVIEW OF EXTENDED EMPLOYMENT IN COMMUNITY REHABILITATION PROGRAMS OR OTHER EMPLOYMENT

An annual review must occur for two years for those individuals who have been closed as working in an extended employment setting (see Definition 12.10) in a community rehabilitation program or other employment location in which the individual is compensated in accordance with the Fair Labor Standards Act. This review must include input from the individual or, as appropriate, his/her representative to determine the interests, priorities, and needs of the individual for employment in, or training for, competitive employment in an integrated setting in the labor market. The State Office will initiate the process of review for all individuals placed in extended employment.

Maximum efforts must be made by DBS to enable the individual to benefit from training in, or to be placed in employment, in an integrated setting. This may include identification of VR services, reasonable accommodations, and other support services necessary for a competitive employment outcome. The following services must be made available to an individual if he/she chooses to make the transition to an integrated employment setting:

Supported employment services;

Independent living services; and

Community participation services.

10.0 INDIVIDUALS DETERMINED TO HAVE ACHIEVED AN EMPLOYMENT OUTCOME

10.1 Employment Outcome Closures

The following requirements must be met in order to determine that an individual has achieved an employment outcome:

The individual has achieved the employment outcome as described in his/her IPE;

The provision of services under the individual’s IPE has contributed to the achievement of the employment outcome;

The employment outcome is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

The employment outcome is in the most integrated setting possible, consistent with the individual’s informed choice;

The individual has maintained the employment outcome for a period of at least 90 days;

At the end of the 90-day period, the individual and the Rehabilitation Specialist consider the employment outcome to be satisfactory and agree that the individual is performing well on the job; and

The individual no longer needs vocational rehabilitation services.

Follow-up services must be provided to both the individual and the employer to insure that each of the requirements has been met and may be maintained after case closure.

There are several types of employment outcomes that an individual may be determined to have successfully achieved. They include:

Full-time competitive employment in the integrated labor market (including supported employment);

Part-time competitive employment in the integrated labor market (including supported employment); or

Any other type of employment that is in an integrated setting and is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice (including, business enterprise employment, and self-employment).

NOTE: Extended Employment is not considered a successful employment outcome. Individuals with an outcome of extended employment should be closed in Status 28 (Closed not Rehabilitated After Plan) with an indication of Work Status 2 (Extended Employment) on the CRIS Closure Screen. Please see Section 9.0 for review procedures for extended employment closures.

An Employment Outcome Summary (see Section 13.6) must be completed when documenting an individual’s employment outcome. This includes a justification for other types of employment if competitive employment is not the choice or outcome for the individual. (See Definition 12.7 for specifications of competitive) An Employment Outcome Summary must be prepared by the Rehabilitation Specialist (Supervisor approval is required for those specialists who have not achieved independent status).

11.0 REVIEW OF DBS PERSONNEL DETERMINATIONS AND CONSUMER RIGHTS NOTIFICATION

11.1 Consumer Rights Notification

All applicants or eligible individuals or, as appropriate, his/her representative must be notified of:

The right to obtain review of a determination made by DBS that affect the provision of vocational rehabilitation services to that individual in an impartial due process hearing;

The right to pursue mediation with respect to such determination; and

The availability of assistance from the client assistance program.

Such notification must be provided in writing or other appropriate mode of communication:

At the time an individual applies for vocational rehabilitation services;

At the time the individualized plan for employment for the individual is developed; and

Upon reduction, suspension, or cessation of vocational rehabilitation services for the individual.

11.2 Mediation Procedures

An applicant or eligible individual has the right to pursue mediation with respect to any decision concerning the furnishing or denial of services by DBS. The process of mediation is voluntary, must not be used to delay or deny an individual’s right to a formal hearing, and will be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. (The State Office maintains a list of qualified mediators on statewide basis.) The cost of mediation is the sole responsibility of DBS.

Each session in the mediation process must be scheduled within 45 days of an individual’s written request. The individual must submit such a request within 30 days of the decision regarding service provision to the Bureau Chief of Client Services and Program Support.

If the parties to the dispute in the mediation process reach an agreement, it will be set forth in a written mediation agreement.

Discussions that occur during the mediation process are confidential and will not be used as evidence in any subsequent due process or civil proceedings. Each party to the mediation will be required to sign a pledge of confidentiality prior to the commencement of the mediation process.

The process of mediation must not delay a formal hearing if so desired by the individual unless the individual agrees upon an extended time frame or, as appropriate his/her representative.

11.3 Impartial Due Process Hearing Procedures

An applicant or eligible individual may request a formal review of a decision concerning the furnishing or denial of services through the process of a Fair Hearing. An impartial hearing officer conducts fair Hearings within 45 days of a written request by the individual, unless informal resolution is achieved prior to the 45th day or the parties agree to a specific extension of time. The individual must submit such a request within 30 days of the decision regarding service provision to the DBS Director.

DBS does not suspend, reduce, or terminate services being provided under an evaluation, assessment, or Individual Plan for Employment (IPE). Such services will be provided pending a final resolution through either mediation or an impartial due process hearing unless there is evidence that such services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual.

The individual, or individual’s representative, must be afforded the opportunity to provide additional evidence, information, and witnesses as well as the opportunity to examine all witnesses and other relevant information and evidence. The individual may elect to be represented by counsel or other appropriate advocate including a representative from the Client Assistance Program.

The impartial hearing officer will make a decision based on the provision of the approved State Plan, the Rehabilitation Act, Federal VR regulations, and State regulations and policies that are consistent with Federal requirements. A written report of the findings will be provided to the individual or, if appropriate, his/her representative within 30 days of completion of the hearing.

Either party involved in the hearing may choose to seek an impartial review of the decision of the hearing officer by the Commissioner of the Department of Education. A request of such review must be submitted to the DOE Commissioner within 20 days of the mailing of the impartial hearing officer’s written decision. This process must provide an opportunity for submission of additional evidence and information relevant to a final decision concerning the matter under review.

The Commissioner may overturn or modify the impartial hearing officer’s decision only if, based on clear and convincing evidence, the decision is clearly erroneous because it is contrary to the approved State plan, the Rehabilitation Act, Federal VR regulations, or State regulations or policies that are consistent with the Federal requirements. A final decision, full report of findings, and grounds for decision will be provided in writing to both parties within 30 days of providing notice of review.

Except for time limitations established in 34 CFR 361.57 (b)(1) and 361.57(b)(5), reasonable time extensions may be provided for good cause shown at the request of either or both parties.

A decision made by the Commissioner is final unless the party aggrieved by such decision brings a civil action in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount of controversy.

11.4 Client Confidentiality and Privacy

The Division staff must protect the confidentiality and privacy of clients’ rights and records. Division staff should not solicit private information from clients unless it is essential to providing services or conducting evaluation or research. Once private information is shared, standards of confidentiality will apply. (See Division Policy 2.3)

12.0 VOCATIONAL REHABILITATION PROGRAM DEFINITIONS

12.1 Applicant

An individual is considered to be an applicant for vocational rehabilitation services when s/he; as appropriate:

Has completed and signed an agency application form or has otherwise requested services;

Has provided information necessary to initiate an assessment to determine eligibility; and

Is available to complete the assessment process.

12.2 Appropriate Modes of Communication

Specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, Brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

12.3 Assistive Technology

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.

12.4 Assistive Technology Service

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.

12.5 Community Rehabilitation Program

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 by 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;

Services similar to the services described in paragraphs (A) through (P) of 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.

12.6 Comparable Services and Benefits

Comparable services and benefits means services and benefits that are:

Provided or paid for, in whole or in part, by other Federal, State, or local public agencies; by health insurance; or by employee benefits;

Available to the individual at the time needed to achieve employment outcome or initiate the vocational rehabilitation services in the individual’s Individualized Plan for Employment (IPE); and

Commensurate to the services that the individual would otherwise receive from the vocational rehabilitation agency.

12.7 Competitive Employment

Work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

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.

12.8 Diagnosis and treatment of physical and mental impairments

Diagnosis and treatment of physical and mental impairments includes:

Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantia