Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Department shall, in collaboration with the local educational agencies involved,
provide or arrange for the provision of, pre-employment transition services for all
students with disabilities in need of services, without regard to the type of
disability.
(1) Pre-employment transition services
shall be made available statewide to all students with disabilities, regardless of
whether the student has applied or been determined eligible for vocational
rehabilitation services.
(b)
As appropriate to the vocational rehabilitation needs of each individual and
consistent with each individual's informed choice, the Department shall make the
following vocational rehabilitation services available to assist the individual with
a disability to prepare for, secure, retain, advance in, or regain an employment
outcome that is consistent with the individual's strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice.
(1) Assessment for determining eligibility and
priority for services by qualified personnel including, if appropriate, an
assessment by personnel skilled in rehabilitation technology in accordance with
Sections 7001.5 and
7062 of these regulations.
(2) Assessment for determining vocational
rehabilitation needs by qualified personnel including, if appropriate, an assessment
by personnel skilled in rehabilitation technology, in accordance with Sections
7001.5,
7128(b), and
7130.5(b) of these
regulations.
(3) Vocational
rehabilitation counseling and guidance, including information and support services
to assist an individual in exercising informed choice in accordance with Section
7029.6 of these regulations.
(4) Referral and other services necessary to
assist applicants and eligible individuals to secure needed services from other
agencies, including other components of the statewide workforce development system,
other government agencies, independent living centers, and local extended employment
service providers, consistent with the requirements of Sections
7037 and
7038 of these regulations.
(5) Physical and mental restoration services, in
accordance with Section
7020 of these regulations, to the extent
that financial support is not readily available from a source other than the
Department.
(6) Vocational, educational,
and other training services, including personal and vocational adjustment training,
advanced training in, but not limited to, a field of science, technology,
engineering, mathematics (including computer science), medicine, law or business;
books, tools, and other training materials, except that no training or training
services in an institution of higher education (from universities, colleges,
community or junior colleges, vocational schools, technical institutes, or hospital
schools of nursing) may be paid for by the Department unless maximum efforts have
been made by the Department and the individual to secure grant assistance, in whole
or in part, from other sources to pay for that training.
(7) Maintenance, as defined in Section
7019 and provided under conditions
specified in Section
7177 of these regulations.
(8) Transportation provided to enable
participation in any vocational rehabilitation service, in accordance with the
definition in Section
7029 of these regulations.
(9) Vocational rehabilitation services to family
members, as defined in Section
7015 of these regulations, of an
applicant or eligible individual if necessary to enable the applicant or eligible
individual to achieve an employment outcome.
(10) Interpreter services, including sign language
and oral interpreter services for individuals who are deaf or hard of hearing and
tactile interpreting services for individuals who are deaf-blind provided by
qualified personnel.
(11) Reader
services, rehabilitation teaching services, and orientation and mobility services
for individuals who are blind.
(12)
Job-related services, including job search and placement assistance, job retention
services, follow-up services, and follow-along services.
(13) Supported employment services in accordance
with the definition of that term in Section
7028.1 of these regulations.
(14) Personal assistance services in accordance
with the definition of that term in Section
7019.7 of these regulations.
(15) Post-employment services in accordance with
the definition of that term in Section
7021.5 of these regulations.
(16) Occupational licenses, tools as defined in
Section 7028.4 and equipment as defined in
Section 7013.2 of these regulations, and initial
stocks and supplies.
(17) Rehabilitation
technology in accordance with the definition of that term in Section
7024.7 of these regulations.
(18) Transition services in accordance with the
definition of that term in Section
7028.6 of these regulations.
(19) Technical assistance and other consultation
services to conduct market analyses, develop business plans, and otherwise provide
resources, to the extent those resources are authorized to be provided through the
statewide workforce development system, to eligible individuals who are pursuing
self-employment or telecommuting or establishing a small business operation as an
employment outcome.
(20) Customized
employment in accordance with the definition of that term in Section
7006.6.
(21) Other goods and services, in accordance with
Section 7174 of these regulations, that are
determined necessary for the individual with a disability to achieve an employment
outcome.
(c) The Department
may provide for the following vocational rehabilitation services for the benefit of
groups of individuals with disabilities:
(1) The
establishment, development, or improvement of a public or other nonprofit community
rehabilitation program that is used to provide vocational rehabilitation services
that promote integration into the community and prepare individuals with
disabilities for competitive integrated employment, including supported employment
and customized employment, and under special circumstances, the construction of a
facility for a public or nonprofit community rehabilitation program as defined in
34 CFR
361.5. Examples of special circumstances include
the destruction by natural disaster of the only available center serving an area or
a state determination that construction is necessary in a rural area because no
other public agencies or private nonprofit organizations are currently able to
provide vocational rehabilitation services to individuals.
(2) Telecommunications systems that have the
potential for substantially improving vocational rehabilitation service delivery
methods and developing appropriate programming to meet the particular needs of
individuals with disabilities, including telephone, television, video description
services, satellite, tactile-vibratory devices, and similar systems, as
appropriate.
(3) Special services to
provide nonvisual access to information for individuals who are blind, including the
use of telecommunications, Braille, sound recordings, or other appropriate media;
captioned television, films, or video cassettes for individuals who are deaf or hard
of hearing; tactile materials for individuals who are deaf-blind; and other special
services that provide information through tactile, vibratory, auditory, and visual
media.
(4) Technical assistance to
businesses that are seeking to employ individuals with disabilities.
(5) In the case of any small business enterprise
operated by individuals with significant disabilities under the supervision of the
Department, including enterprises established under the Randolph-Sheppard program,
management services and supervision provided by the Department along with the
acquisition by the Department of vending facilities or other equipment, initial
stocks and supplies, and initial operating expenses, in accordance with the
following requirements:
(i)
Management
services and supervision includes inspection, quality control,
consultation, accounting, regulating, in-service training, and related services
provided on a systematic basis to support and improve small business enterprises
operated by individuals with significant disabilities. Management services and
supervision may be provided throughout the operation of the small business
enterprise.
(ii)
Initial stocks
and supplies include those items necessary to the establishment of a new
business enterprise during the initial establishment period, which may not exceed
six months.
(iii) Costs of establishing
a small business enterprise may include operational costs during the initial
establishment period, which may not exceed six months.
(iv) If the Department provides for these
services, it must ensure that only individuals with significant disabilities will be
selected to participate in this supervised program.
(v) If the Department provides for these services
and chooses to set aside funds from the proceeds of the operation of the small
business enterprises, the Department must maintain a description of the methods used
in setting aside funds and the purposes for which funds are set aside. Funds may be
used only for small business enterprises purposes, and benefits that are provided to
operators from set-aside funds must be provided on an equitable basis.
(6) Consultation and technical
assistance services to assist state educational agencies and local educational
agencies in planning for the transition of students and youth with disabilities from
school to postsecondary life, including employment.
(7) Transition services to youth with disabilities
and students with disabilities who may not have yet applied or been determined
eligible for vocational rehabilitation services, for which a vocational
rehabilitation counselor works in concert with educational agencies, providers of
job training programs, providers of services under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396
et
seq.), entities designated by the state to provide services for individuals
with developmental disabilities, centers for independent living (as defined in
section 702 of the Act), housing and
transportation authorities, workforce development systems, and businesses and
employers. These specific transition services are to benefit a group of students
with disabilities or youth with disabilities and are not individualized services
directly related to an individualized plan for employment goal. Services may
include, but are not limited to, group tours of universities and vocational training
programs, employer or business site visits to learn about career opportunities,
career fairs coordinated with workforce development and employers to facilitate mock
interviews and resume writing, and other general services applicable to groups of
students with disabilities and youth with disabilities.
(8) The establishment, development, or improvement
of assistive technology demonstration, loan, reutilization, or financing programs in
coordination with activities authorized under the Assistive Technology Act of 1998
(29 U.S.C.
3001
et seq.) to promote access
to assistive technology for individuals with disabilities and employers.
(9) Support (including, as appropriate, tuition)
for advanced training in a field of science, technology, engineering, or mathematics
(including computer science), medicine, law, or business, provided after an
individual eligible to receive services under this title demonstrates--
(i) Such eligibility;
(ii) Previous completion of a bachelor's degree
program at an institution of higher education or scheduled completion of such a
degree program prior to matriculating in the program for which the individual
proposes to use the support; and
(iii)
Acceptance by a program at an institution of higher education in the United States
that confers a master's degree in a field of science, technology, engineering, or
mathematics (including computer science), a juris doctor degree, a master of
business administration degree, or a doctor of medicine degree, except that--
(A) No training provided at an institution of
higher education may be paid for with funds under this program unless maximum
efforts have been made by the designated state unit to secure grant assistance, in
whole or in part, from other sources to pay for such training; and
(B) Nothing in this paragraph prevents the
Department from providing similar support to individuals with disabilities within
the state who are eligible to receive support under this title and who are not
served under this section.
(d) If the Department provides for vocational
rehabilitation services for groups of individuals, it must--
(1) Develop and maintain written policies covering
the nature and scope of each of the vocational rehabilitation services it provides
and the criteria under which each service is provided; and
(2) Maintain information to ensure the proper and
efficient administration of those services in the form and detail and at the time
required by the Secretary, including the types of services provided, the costs of
those services, and, to the extent feasible, estimates of the numbers of individuals
benefiting from those services.
1. Amendment of
chapter heading and new section filed 3-4-2004; operative 4-3-2004 (Register 2004,
No. 10).
2. Amendment of section and NOTE filed 2-17-2023; operative
2-17-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC
723;
34 CFR
361.48 and
361.49; and Section
19011, Welfare and Institutions
Code.