Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
151B.190,
34
C.F.R. 361.36,
361.53,
361.54,
29
U.S.C. 721(a)(5), (15),
(21)(A)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
151B.195(1) requires the
Executive Director of the Office of Vocational Rehabilitation to promulgate
administrative regulations governing the services, personnel, and
administration of the State Vocational Rehabilitation Agency.
34
C.F.R. 361.36(c) requires
the office to determine, prior to the beginning of each fiscal year, whether to
establish and implement an order of selection for state vocational
rehabilitation services.
34
C.F.R. 361.36(d) requires
federal guidelines for the imposition of an order of selection.
34
C.F.R. 361.54(b) authorizes
the office to consider an individual's financial need for vocational
rehabilitation services. This administrative regulation establishes when an
order of selection and an economic need test shall be applied to the provision
of vocational rehabilitation services in order to distribute limited funds more
equitably over the entire population of otherwise eligible individuals.
Section 1. Definitions.
(1) "Eligible individual" means an individual
who has been determined by the office to meet the basic conditions of
eligibility for vocational rehabilitation services.
(2) "Executive director" means Executive
Director of the Office of Vocational Rehabilitation.
(3) "Individual with a most significant
disability" means an individual who has a disability that limits two (2) or
more areas of functional capacity.
(4) "Functional capacity" means the capacity
to perform tasks required in employment including:
(a) Mobility;
(b) Communication;
(c) Self-care;
(d) Self-direction;
(e) Interpersonal skills;
(f) Work tolerance; or
(g) Work skills.
(5) "Office" means the Office of Vocational
Rehabilitation, and its appropriate staff members who are authorized under
state law to perform the functions of the state regarding the state plan and
its supplement.
(6) "Non-signficant
disability" means a disability that does not limit a functional
capacity.
Section 2.
Economic Need.
(1) Economic need shall be
considered in determining whether to grant vocational rehabilitation
services.
(2) The executive
director shall exempt services from the economic needs test if the office is
able to provide services to all eligible individuals with significant
disabilities pursuant to Section 3 of this administrative regulation, with
consideration of applicable comparable benefits as provided in
34 C.F.R.
361.53.
(3) An economic needs test as established in
subsection (5) of this section shall be applied as a condition for furnishing
the following vocational rehabilitation services:
(a) Physical and mental restoration
services;
(b) Tuition and
registration fees for vocational or college training;
(c) Maintenance other than
diagnostic;
(d) Transportation
other than diagnostic;
(e)
Services, other than diagnostic, to members of an individual's family necessary
to the adjustment or rehabilitation of the individual with a
disability;
(f) Occupational
licenses, tools, equipment, or initial stock (including livestock) or
supplies;
(g) Post employment
services except as provided in subsection (4)(a)-(m) of this section;
(h) Other goods and services which can
reasonably be expected to benefit an eligible individual in terms of employment
outcomes;
(i) Initial vehicle and
property modifications in excess of $10,000;
(j) Second or subsequent vehicle
modifications regardless of cost;
(k) Vehicle modification repair or upgrades;
or
(l) Hearing aid in excess of
$1,000.
(4) The
following services shall be excluded from an economic needs test:
(a) Assessment for determining eligibility
and vocational rehabilitation needs;
(b) Counseling and guidance;
(c) Placement;
(d) Services provided by staff at state-owned
and operated rehabilitation facilities;
(e) Rehabilitation technology except as
specifically provided in subsection (3) of this section;
(f) Communication assistance in the
individual's native language;
(g)
Books, supplies, tools, or equipment for vocational or other
training;
(h) Supported
employment;
(i) Interpreter
services for the deaf;
(j) Reader
services for the blind;
(k)
Personal assistance services;
(l)
Tutors, note takers, or assistive technology education aids; or
(m) Other training, including driver
training, on-the-job training, job coaching, job development, or job
training.
(5) The
office's economic needs test shall be based on the most current Kentucky Median
Adjusted Gross Income developed by the U.S. Department of Commerce. If the
individual has a monthly income that exceeds 100 percent of the most current
median gross income, the individual shall apply the excess income to
rehabilitation services necessary to achieve the employment goal except as
provided for in
34
C.F.R. 361.54.
Section 3. Order of Selection. If the
executive director determines that the office shall be unable to provide
services to all eligible applicants, the office shall implement the order of
selection on a state-wide basis.
(1) An
eligible individual previously declared eligible for and receiving vocational
rehabilitation services under an individualized plan for employment shall not
be affected if the office implements an order of selection.
(2) The order of selection shall not regulate
the provision of information or referral services.
(3) On implementation of the order of
selection, the office shall continue to accept referrals of and applications
from individuals with disabilities.
(4) The order of selection shall not regulate
the provision or authorization of assessment for determining
eligibility.
(5) An applicant shall
be declared eligible or ineligible as appropriate.
(6)
(a) An
eligible individual entering accepted status after implementation of the order
of selection shall be assigned to a priority category.
(b) If the priority category is open, the
individual shall be served.
(c) If
the priority category is closed, the individual's case shall be held on a
waitlist in accepted status until the priority category assigned is opened or
the order of selection is lifted.
(7) The order of selection shall permit
immediate reclassification into a higher priority category if circumstances
justify the reclassification.
(8)
If the office is unable to provide services to all eligible individuals with
significant disabilities, the office shall serve eligible individuals with a
most significant disability first and then serve eligible individuals with a
significant disability on a first-applied, first-served basis, as established
by the date of application within a category. If funds become available, the
executive director and Statewide Council for Vocational Rehabilitation shall
adjust the priority categories to be served as appropriate to provide services
to as many consumers as funds allow.
(9) The order of selection established in
this section shall be followed with the categories to be served designated at
the time of implementation.
(10)
The order of selection shall have priority categories as follows:
(a) Priority Category I - eligible
individuals with a most significant disability that limits three (3) or more
functional capacities;
(b) Priority
Category II - eligible individuals with a most significant disability that
limits two (2) functional capacities;
(c) Priority Category III - eligible
individuals with a significant disability that limits (1) one functional
capacity;
(d) Priority Category IV
- Eligible individuals with a non-significant disability-.
STATUTORY AUTHORITY:
KRS
151B.185(2), (3),
151B.195(1),
29 U.S.C.
709(c),
34
C.F.R. 361.36,
361.54