CHAPTER 89 - VOCATIONAL REHABILITATION

 

SUBCHAPTER 89A ‑ GENERAL INFORMATION

 

SECTION .0100 ‑ INFORMATION REGARDING RULES

 

10A NCAC 89A .0101       RULES IN THIS CHAPTER

The rules in

this Chapter govern the provision of services by the Division of Vocational Rehabilitation

Services of the Department of Health and Human Services under the

Rehabilitation Act of 1973, Public Law 93‑112, as amended; G.S. 143‑545,

143‑546, and 143‑547; G.S. 168‑1 through 168‑23; and

G.S. 168A‑1 through 168A‑12.

 

History Note:        Authority G.S. 143‑545; 143‑546;

143‑547; 143B‑10;

Eff. February 1, 1976;

Amended Eff. April 1, 1990; April 1, 1988.

10A NCAC 89A .0102       DEFINITIONS

As used in this Chapter, the following terms have the

meaning specified:

(1)           "Acceptance for services" means that the

priority category to which an eligible individual is assigned is being served

by the Division.

(2)           "Application date" means the date that a

client completes and signs an application for services with the Division.

(3)           "Appropriate mode of communication" means

specialized aids and supports that enable an individual with a disability to

comprehend and respond to information that is being communicated including but

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.

(4)           "Designated State Agency" or "State

Agency" means the sole state agency designated per federal regulations to

administer or supervise the local administration of the State Plan for

Vocational Rehabilitation Services.  In North Carolina, it is the Department of

Health and Human Services.

(5)           "Client" means an individual who has

applied for or is receiving services from the Division.

(6)           "Designated State Unit" means the state

vocational rehabilitation division that is primarily concerned with vocational

rehabilitation or vocational and other rehabilitation of individuals with

disabilities and that is responsible for the administration of the vocational

rehabilitation program of the State agency.

(7)           "Division" means the Division of

Vocational Rehabilitation Services of the Department of Health and Human

Services.

(8)           "Division Director" or

"Director" means the Director of the Division of Vocational Rehabilitation

Services.

(9)           "Division's Fixed Rate" means the rate

that the Division will pay for clients to receive training services.

(a)           The Division's fixed rate for

post-secondary, graduate, professional and summer school is determined by

calculating the median rate for tuition at the 16 campus public University

system as approved by the North Carolina General Assembly in October 2001;

(b)           The Division's fixed rate for the community

college system is the approved rate for the 58 community college system as approved

by the North Carolina General Assembly in October 2001.

(10)         "Division's Modification Review Committee"

means a committee of Division staff from the State Office appointed by the

Division Director and chaired by the Chief of Operations to review for approval

or disapproval:

(a)           amounts for residence or job site

modifications that exceed standard amounts specified in 10A NCAC 89C .0316; and

(b)           purchase of vehicles as set forth in 10A

NCAC 89C .0316.

(11)         "Eligible individual" means an applicant

for vocational rehabilitation services who meets the eligibility requirements

under 34 C.F.R 361.42(a).

(12)         "Extended period of time" means that the

individual will require at least nine months to complete the services on the

Individualized Plan for Employment (IPE) or will require one of the following

services permanently in order to accomplish the individual's job choice and maintain

employment:

(a)           Personal Assistance Services;

(b)           Rehabilitation Technology;

(c)           Medical equipment limited to wheelchairs,

prosthesis, hearing aids and orthotics prescribed due to seriously limited

functional capacity areas; or

(d)           Extended Services.

The required

minimum of nine months does not include the standard amount of time required to

complete a post-secondary training curriculum, but does include extra time

required to complete the training curriculum due to disability related reasons.

(13)         "Extended Services" means ongoing support

services that are needed to maintain an individual with a most significant

disability in supported employment.  These services are provided by a State

agency, a private nonprofit organization, employer, or other resource from

funds other than funds received by the designated State unit to provide

supported employment training.  Extended Services begin after the individual

has made the transition from support provided by the designated State unit. 

Extended Services also includes services required by individuals with a most

significant disability who received work adjustment and job coaching where a

supported employment vendor was not available.

(14)         "Functional Capacity Areas" means the

areas of ability which are impacted by an individual’s disability and used to

determine serious limitations to employment for an eligible individual with a

disability.  For the purposes of this Section:

(a)           "Communication" means the ability

to use, give and receive information.

(b)           "Interpersonal skills" means the

ability to establish and maintain interactions with others.

(c)           "Mobility" means the ability to

move from place to place.

(d)           "Self-care" means the ability to

plan and perform activities of daily living.

(e)           "Self direction" means the ability

to plan, initiate, organize, or carry out goal-directed activities or solve

problems related to self-care, socialization, and working independently.

(f)            "Work skills" means the ability

to learn and perform work functions.

(g)           "Work Tolerance" means the ability

to sustain the required level of work function.

(15)         "Individual with a "significant

disability" has the meaning specified in P.L. 102-569, Section 7(15) which

is incorporated by reference.

(16)         "Individual with a most significant

disability" means an individual with a significant disability who meets

all aspects of the definition for significant disability, and whose impairment

seriously limits three or more functional capacity  areas in terms of an

employment outcome.

(17)         "Individualized Plan for Employment" (IPE)

means a written document prepared on forms provided by the designated state

unit for each eligible individual accepted for services which outlines what is

required to achieve an employment outcome.

(18)         "Intercurrent illness" means an acute

medical condition that arises during the rehabilitation process and constitutes

a barrier to the achievement of an employment outcome.

(19)         "Multiple services" means two or more

primary services.

(20)         "Optional fees" are fees charged to

curriculum and continuing education students for items not covered by tuition

and registration fees.  Optional fees include:

(a)           Specific fees.  Fees charged to students for

items required for individual courses that are considered to be in addition to

normal supplies and materials the college provides for students such as tools,

uniforms, insurance or certification fees.

(b)           Student activity fee.  A fee charged to

students to support student activities.  The student activity fee shall not

exceed the maximum set by the State Board of Community Colleges effective for

the fall 2001 semester.

(c)           Computer use and technology fee.  A fee

charged to students to support the procurement, operations and repair of

computers and other institutional technology including supplies and materials

that accompany use of the technology.  The fee shall not exceed the maximum set

by the State Board of Community Colleges effective for the fall 2001 semester.

(d)           Parking fee.  A fee charged to a student for

use of the college's parking facilities.

(21)         "Order of Selection" means the priority

system under which the Division provides vocational rehabilitation services to

eligible individuals with disabilities when sufficient resources are not

available for the Division to serve all eligible individuals with disabilities.



(22)         "Order of Selection – Established" means

that the order of selection priority system has been approved by the

Rehabilitation Services Administration and is a part of the Division's State

Plan.

(23)         "Order of Selection – Implemented" means

that the Division Director has determined that the Division does not have sufficient

resources to provide services to all eligible individuals.  During

implementation all eligible individuals within a priority category may not

receive services. 

(24)         "Permanent disability" means any physical

or mental condition which is expected to be lasting regardless of medical or

psychological intervention, and which is highly unlikely to go into full or

permanent remission.

(25)         "Permanent functional limitation" means

restrictions in activity or function related to employment imposed by the disability

that:

(a)           is not likely to be corrected through

surgical intervention or medical treatment; and

(b)           will require on-going treatment because

impediments related to the disability will not be removed through the provision

of physical and mental restoration services.

(26)         "Personal Assistance Services" means a

range of services provided by one or more persons designed to assist an

individual with a disability to perform daily living activities on or off the

job that the individual would typically perform without assistance if the

individual did not have a disability.

(27)         "Primary Services" means any one of the

following services:

(a)           Physical and mental restoration services:

Diagnosis and treatment services of impairments excluding treatment of intercurrent

illnesses.

(b)           Counseling and guidance: Counseling and

guidance that addresses separate and specific objectives with documentation of

regular appointments and progress towards objectives distinct from the general

counseling relationship that exists between the rehabilitation counselor and

the eligible individual throughout the rehabilitation process.

(c)           Vocational and other training: Personal and

vocational adjustment training, post-secondary, and on-the-job training.

(d)           Job Related Services: Job search, placement

assistance, job retention services, follow-up services, and follow-along

services.

(e)           Rehabilitation Technology: Rehabilitation

engineering, assistive technology devices, and assistive technology services.

(28)         "Priority category" means the order in

which eligible individuals with disabilities will be served.  These categories

are based on refinement of the three criteria in the definition of "individual

with a significant disability".

(29)         "Post-employment services" means one or more

services that are provided subsequent to the achievement of an employment

outcome that are necessary for an individual to maintain, regain, or advance in

employment, consistent with the individual's abilities, capabilities, and

interests.

(30)         "Rehabilitation technology" means services

that systematically apply technologies, engineering methodologies, or

scientific principles to meet the need of and address the barriers confronted

by an eligible individual with a disability.  Rehabilitation technology includes

telecommunication, sensory, and other technological aids and devices.

(31)         "Seriously limits" means that due to a

physical or mental impairment, one or more of an eligible individual's

functional capacity areas is restricted to the degree that the individual

requires accommodations not routinely made for other individuals or

interventions that cannot be easily achieved, and that will be required

permanently in order for the individual to obtain and maintain successful

employment.

(32)         "State Plan" means the Plan for vocational

rehabilitation services submitted by the Division and approved by the

Rehabilitation Services Administration.

(33)         "Transferable work skills" means skills,

educational level, talents, abilities, and knowledge that will allow employment

consistent with the individual's strengths, resources, priorities, concerns,

capabilities, interest and informed choice.

(34)         "Waiting list" means a list of eligible

individuals that establishes the order in which these individuals will be

provided services once resources are available if the Division has implemented

an Order of Selection.  Individuals are placed on the list after eligibility

for services has been determined by their priority category and date of

application.

The section of the Public Law incorporated by reference in

this Rule shall automatically include any later amendments thereto as allowed

by G.S. 150B-21.6.  Copies of the section of the Public Law so incorporated may

be obtained at no cost from the Division.

 

History Note:        Authority G.S. 143-545.1; 150B-21.6; P.L.

102-569, s. 7(15); s. 101(a)(5)(A);

Eff. February 1, 1976;

Amended Eff. February 1, 1996; October 1, 1994; April 1, 1988;

Temporary Amended Eff. May 1, 2002; July 3, 2001;

Amendment Eff. August 1, 2002;

Temporary Amended Eff. January 26, 2003;

Amendment Eff. August 1, 2004.