Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Determining
an eligible individual's "priority category" as defined in Section
7051(a)(6) when the
Department is operating under an Order of Selection pursuant to Section
7053 of these regulations shall be:
(1) a collaborative effort on the part of
Departmental staff and the individual with a disability and, as appropriate, his or
her family, or advocates, or designated representative; and
(2) based on information collected from a wide
variety of sources; and
(3) based on a
review of the individual's daily life, including community, home, school, and work,
considering an individual's ability to participate in major life activities, as they
impact an employment outcome; and
(4) a
consideration of the impact of an individual's impairment/s in each of the
functional capacity areas (communication, interpersonal skills, mobility, self-care,
work skills and work tolerance).
(5)
based on a review of the data that was developed under 7062(g) and 7062(h) to make
the eligibility determination; and
(6)
based on an assessment of additional data, including data developed under 7062(i),
to the extent necessary; and
(7) based
on an assessment in the most integrated setting possible and consistent with the
individual's needs and informed choice.
(b) The record of services shall include
determination of whether any serious limitations in terms of an employment outcome
exist in each of the functional capacity areas.
The following factors are to be considered in determining if a
serious limitation in terms of an employment outcome exists in each functional
capacity area. The factors listed below for each of the functional capacity areas
are not considered to be all-inclusive or fully comprehensive.
(1) A serious limitation in terms of an employment
outcome is indicated in the area of communication when, as a result of the physical
and/or mental impairment:
(A) The individual
requires accommodation to use, give and/or receive verbal/auditory information;
or
(B) The individual requires
accommodation to use, give and/or receive visual information.
(2) A serious limitation in terms of an employment
outcome is indicated in the area of mobility when, as a result of the physical
and/or mental impairment:
(A) The individual
requires accommodation to move from place to place; or
(B) The individual is limited in terms of distance
and/or terrain that can be traveled.
(3) A serious limitation in terms of an employment
outcome is indicated in the area of interpersonal skills when, as a result of the
physical and/or mental impairment, the individual requires accommodation to
establish and/or maintain appropriate interactions with others.
(4) A serious limitation in terms of an employment
outcome is indicated in the area of self-care when, as a result of the physical
and/or mental impairment, the individual requires accommodation to plan and/or
perform activities of daily living.
(5)
A serious limitation in terms of an employment outcome is indicated in the area of
work skills when, as a result of the physical and/or mental impairment:
(A) The individual requires accommodation to learn
and/or perform work functions; or
(B)
The individual requires accommodation to plan, problem solve and/or organize work
functions.
(6) A serious
limitation in terms of an employment outcome is indicated in the area of work
tolerance when, as a result of the physical and/or mental impairment:
(A) The individual requires accommodation to
sustain the required level of work function; or
(B) The individual is restricted from working in
certain work environments which may include, but are not limited to, cold, heat and
noise.
(c) The
assessment also includes whether the number of "multiple vocational rehabilitation
services" as defined in Section
7051(a)(5) are needed
over an "extended period of time" as defined in Section
7051(a)(3):
(d) The Department shall provide the individual
with a copy of the priority category along with the notice of eligibility and
priority for services as referenced in Section
7062(j).
1. Renumbering of
former section 7054 to new section
7062.3, including amendment of section
heading and section, filed 5-31-2016; operative 7-1-2016 (Register 2016, No.
23).
2. Editorial correction of subsection (b) (Register 2016, No.
26).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC Sections
705(21) and
721(a)(5);
34 CFR Sections
361.5(b)(30) and (31) and
361.36; and Sections
19011 and
19102, Welfare and Institutions
Code.
