Current through Reg. 50, No. 187; September 24, 2024
(1) Maintenance. Maintenance is defined in
34 C.F.R. §
361.5(c)(34). Maintenance
does not mean support for the discharge of court-ordered obligations or
indebtedness of any kind incurred prior to or subsequent to an application for
rehabilitation services.
(2)
Occupational Licenses, Tools, Equipment and Initial Stocks and Supplies.
(a) Occupational licenses shall include any
license, permit, or other written authority required by a state, city or other
governmental unit to enter an occupation or enter self-employment.
(b) Occupational tools shall meet the
requirements of the employment.
(c)
The division shall retain the right to provide the individual with previously
used occupational tools.
(d) If the
aggregate cost of occupational tools is less than or equal to $1, 000, such
occupational tools shall become the property of the individual immediately upon
the purchase thereof. If the aggregate cost of the occupational tools exceeds
$1, 000, such occupational tools shall become the property of the individual
upon purchase; however, title and ownership to such occupational tools shall
revert to the division upon written demand by the division, provided
circumstances exist justifying the closure of the individual's case for reasons
other than a successful completion of the Individualized Plan for Employment
(IPE). When title to such occupational tools reverts to the division, the
individual who received such occupational tools shall make them immediately
available to the division.
(3) Transportation.
(a) The counselor shall explore the ability
of an individual to utilize existing transportation resources to participate in
vocational rehabilitation services. Transportation resources shall include:
1. The individual's current mode of
transportation, including a privately-owned vehicle;
2. The reasonableness of using other modes of
transportation, such as taxicabs, carpools, co-workers, volunteers or
attendants; paratransit, public transit or other community services. The
division shall use the Florida Commission for the Transportation Disadvantaged
coordinated transportation system for provision of transportation services to
consumers when possible.
(b) An individual who requests mileage
reimbursement for transportation in a privately-owned vehicle must present a
valid driver's license. If the individual is not a driver, the individual must
provide a plan to the counselor that describes how the individual will utilize
family members, personal care attendants or others as drivers in support of the
rehabilitation plan.
(c) Vehicle
Repairs. See Form DVR-001, Vehicle Modification Consumer Acknowledgement, as
incorporated by reference in Rule
6A-25.019, FAC.
1. "Used vehicle" means a vehicle that has
been titled and registered to at least one (1) owner or has been used as a
demonstration model.
2. Repairs or
costs for used vehicle operation may be made if they are necessary for the
individual to participate in vocational rehabilitation services. The individual
must have a valid driver's license and present a current vehicle registration
document for the used vehicle considered for repair. If the individual is not
the owner of the used vehicle, the individual must also present a written and
signed statement from the vehicle owner that this vehicle is provided to the
individual for use during his/her rehabilitation program.
3. If it is determined that used vehicle
repairs are necessary, an estimate completed by a certified mechanic is
required to document the cost of repairs.
4. The trade-in value of the used vehicle to
be repaired shall be determined by reference to generally accepted valuation
methods. The maximum amount that the division will expend on repairs for the
life of the used vehicle is one and one- half times the trade-in value in the
absence of special circumstances.
(4) Post-Employment Services. A decision to
provide post-employment services versus opening a new case shall be based on
individual considerations taking into account the current validity of previous
data.
(5) Informed Choice.
(a) An eligible individual may choose to
receive necessary vocational rehabilitation services from any qualified or
licensed provider. Where applicable, the providers of choice must be licensed
by the state of Florida or appropriately accredited to perform such
services.
(b) If an individual
chooses a service provider outside the service area where he/she resides, the
individual shall provide for his/her own transportation costs, unless no
qualified provider possessing the required expertise is available or a provider
in another area is within a shorter commuting distance to the individual. If
the individual selects a provider out-of-state and there are qualified service
providers in-state, the individual with a disability shall agree to pay the
excess travel and service costs.
(6) Comparable Services and Benefits.
(a) If comparable services and benefits are
not available to the individual at the time needed to achieve the employment
outcome identified in the Individualized Plan for Employment (IPE), or if the
benefits exist but are not available at the time needed to satisfy objectives
in the IPE, the division may authorize funding directly only until comparable
benefits and services become available.
(b) Comparable services and benefits do not
include awards and scholarships based on merit that are granted without
restrictions as to their use by the individual.
(c) If an eligible individual is a Social
Security Administration (SSA) Ticket to Work holder whose Ticket is assigned to
an Employment Network (EN), the division shall consider all goods and services
referenced in the IPE to be comparable services and benefits to be purchased or
provided by an EN with which the eligible individual's Ticket is
assigned.
(7)
Pre-Employment Transition Services. Pre-employment transition services, as
defined in 34 C.F.R. §
361.5(c)(42) and
34 C.F.R. §
361.48(a), may be provided
to students with disabilities beginning at age fourteen
(14).
Rulemaking Authority
413.22,
1001.02 FS. Law Implemented
413.24,
413.28,
413.30,
413.32,
413.731
FS.
New 5-14-12, Amended 8-20-17,
10-18-18.