Code of Maine Rules
12 - DEPARTMENT OF LABOR
150 - BLIND AND VISUALLY IMPAIRED DIVISION
Chapter 101 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED
Section 150-101-9 - VOCATIONAL REHABILITATION SERVICES

Current through 2024-38, September 18, 2024

DBVI VR will provide, as appropriate to the vocational rehabilitation needs of each eligible individual and consistent with each individual's informed choice, any goods or services determined necessary for the individual to achieve an employment outcome. Services that are of sufficient quality will be provided as cost effectively as possible to meet the individual's needs. Services include, but are not limited to:

1. An assessment for determining eligibility, priority for services and for determining vocational rehabilitation needs.

2. Vocational rehabilitation counseling, guidance, and job-related services, including job search and placement assistance, customized employment, job coaching, job retention services, follow-up services and follow-along services.

3. Referral and other services necessary to help applicants and eligible individuals secure needed services from other agencies and to advise those individuals about the Client Assistance Program.

4. Physical and mental restoration services necessary to correct or to substantially modify a physical or mental condition of an individual that is stable or slowly progressive.

5. Post-Secondary, Vocational and Occupational Training Services

A. Degree-granting programs; Post-secondary training is that training offered by accredited institutions which qualify for federal financial student aid and is provided only when necessary to achieve an employment outcome consistent with an individual's strengths, resources, priorities, concerns, abilities, capacities and informed choice, and must be documented in the IPE.
(1) Financial Consideration
(a) DBVI contribution toward post-secondary training shall not be provided unless maximum efforts have been made to secure assistance in whole, or in part from the Federal Financial Aid Program and other sources. An individual must make a reasonable effort and provide evidence of this effort to resolve grant awards and student loans in default prior to obligation of DBVI funds. When an individual owes a refund on a previous grant award or has a student loan in default, has limited or no financial resources, has made a reasonable repayment effort, and still fails to reach an agreement with lender/grantor, it may be reasonable to conclude that maximum effort has been made to secure grant assistance.

(b) DBVI contribution will be based upon the degree granting institution's Financial Aid Office (FA0) needs analysis including completion of the FAFSA and determination of individual financial aid, and the Vocational Rehabilitation Counselor's examination of actual costs and visual impairment related expenses and will not exceed the current rate for tuition, fees and on-campus room and board at the University of Maine. (See exceptions in Section 9.5. A.(1)(a)).

(c) DBVI funding may not exceed the maximum determined "contribution plus visual impairment related expenses". Visual impairment related expenses are defined as specific assistive technology or other visual impairment related services that are required to accommodate the individual with visual impairment while in attendance at, living on campus, and/or commuting to the post-secondary institution.

(d) DBVI's contribution cannot replace the Family contribution, except when the student is a recipient of Social Security benefits under Titles II or XVI (SSI/SSDI) of the Social Security Act. Recipients SSI/SSDI due to a disability are not subject to a financial means test.

When appropriate, Maine DBVI shall encourage individuals with disabilities to participate in the cost of attendance through the use of scholarships, college work study and/or student loans. However, individual DBVI clients will not be required to apply for scholarships or accept student loan and/or college work study. If the student is awarded scholarships and/or accepts a student loan, DBVI will consider actual costs and unmet need when determining DBVI contributions towards the cost of post-secondary training.

(e) Students are encouraged to make their own choice of educational institutions that have both the academic programs and visual impairment related supports needed to help them reach the vocational goal in their IPE, whether they are public or private, in-state or out-of-state institutions. However, the maximum DBVI contribution is limited to an amount defined in Section 9.5. A.(1)(b); except
(i) when the individual's vocational goal can be met ONLY by a more costly post-secondary training opportunity;

(ii) when no existing in-state program will meet the unique needs of the individual and when the employment outcome goal is unlikely to be met without participation in this post-secondary program;

(iii) when specialized instructional methods or other reasonable accommodations cannot be met by a qualified public in-state institution.

B. Academic Requirements
(1) Students must demonstrate academic progress (with a course load of at least six (6) credit hours per semester), maintain eligibility for financial aid, and continue to make progress toward meeting the employment outcome written in the IPE. [Note: If an individual encounters unforeseen or visual impairment related circumstances that interfere with meeting the minimum course load requirements, DBVI may continue sponsorship of the student who takes one course during that semester, however, VR will not support a reduced course load beyond two (2) consecutive semesters.]

(2) If the individual is placed on academic probation, he/she has one grading period in which to attain good standing. DBVI sponsorship will terminate after that grading period unless the client achieves good standing.

(3) DBVI will provide post-secondary education services beyond the baccalaureate level only when:
(a) The individual requires advanced training to enter employment within the agreed upon profession in the IPE which is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice;

(b) The individual is unable to function in an appropriate career position while simultaneously completing an advanced degree due to limitations related to his/her disabilities; and

(c) Funding levels for tuition and other direct school cost will be limited to levels equal to the University of Maine Graduate rates. (see Section 9.5. A.).

C. Certification and Occupational Training: This is skill and occupational specific training that will lead to an employment outcome.
(1) DBVI reserves the right to use programs that meet state or national certification.

(2) The skills training must provide documentation of competency at the completion of the program.

(3) Certification and occupational training are provided only when necessary to achieve an employment outcome consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities and informed choice as written in the IPE.

(4) The student must apply for Federal Financial Student Aid and scholarships whenever available.

(5) Requirements specified in Section 9.5. A. for visual impairment related expenses, choice of institutions, part-time students and academic progress also apply to this section.

D. On-the-job training: When an eligible individual is receiving on-the-job training, the conditions of training, certification and wage payment must comply with applicable State and Federal wage and hour laws. On-the-job training requires a written agreement among the client, VR counselor, and employer which states the hourly wage, responsibility for Workers' Compensation coverage, and any other conditions of employment.

6. Interpreter services and note-taking services for individuals who are deaf, including tactile interpreting for individuals who are deaf-blind; reader services; note-taking services, vision rehabilitation therapy, and orientation and mobility services for individuals who are blind; telecommunications, sensory and other technological aids and devices.

7. Occupational licenses, tools, equipment, initial stocks and supplies necessary in order to enter an occupation. DBVI will not purchase land or buildings for individuals withvisual impairment.

8. Self-employment: DBVI will assist the individual, as needed, in the development of a business plan and in the process of securing loans and other financial resources for the development of a business of which the individual will operate and own at least 51%. Hence, non-profit ventures are not considered self-employed and cannot be supported under this policy. Persons with a self-employment objective are expected to pursue resources to finance the start-up of their business. The DBVI expenditure limit is $7,500 for self-sufficient business that will generate income for the individual at a sufficient level so that the individual needs no supplemental income from any public source, such as SSI, SSDI, or TANF, and $2,500 for self-employment with income projected at a lesser level that will allow the continuance of public benefits. DBVI will not expend funds to support hobbies, which are defined as activities carried on with no intent to make a profit. Exceptions to the financial limit from self-employment are allowable if necessary to achieve agreed upon goal in the IPE.

A. Every VR client who intends to pursue self-employment is required to attend self-employment orientation and complete a comprehensive business plan, utilizing technical assistance as needed and as defined in guidance.

B. Every VR Counselor will base support of the plan on the careful review of considerations of the VR approved business consultant's appraisal of viability and recommendations, which is a requirement for all self-sufficiency plans.

C. Cost incurred in training of the client or in the development and review of the business plan shall not be included in the maximum expenditure limit. Before VR funds are expended on implementing the business plan, individuals will be expected to contribute to their self-employment venture in the form of cash, loans, grants, materials, or in-kind labor. The DBVI VR counselor and/or business consultant shall assist individuals in exploring and applying for these additional resources.

D. For plans that are expected to provide self-sufficiency, consumers must have a good record of credit or exhibit a pattern of managing existing debt.

E. DBVI retains the right to reclaim occupational tools and equipment purchased by the agency in instances when the individual's IPE is not completed, the vocational goal is changed, resulting in purchased tools and equipment not being needed, or the case is closed as "Not Rehabilitated".

9. Time-limited ongoing support services. For clients with the most significant disabilities who require jobsite training and support, time-limited ongoing support services are provided at the time of and after job placement.

A. Supported-employment is defined as follows:
(1) Competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual is working on a short-term basis toward competitive integrated employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual with ongoing support services for individuals with the most significant disabilities for whom competitive employment:
(a) has not traditionally occurred, or;

(b) has been interrupted or intermittent as a result of significant disability; and

(c) because of the nature and severity of their disability, needs intensive supported-employment services andextended services after the transition from DBVI support in order to perform the work.

(2) Short-term basis means that an individual can reasonably achieve competitive integrated employment within six (6) months of achieving a supported employment outcome, not to exceed twelve (12) months in limited circumstances based upon the needs of the individual and demonstrated progress towards competitive earnings.

B. DBVI may provide extended services to a youth with a disability for a period not to exceed four (4) years for youthnot older than Age 24.Extended services are defined as ongoing support services and other appropriate services that are needed to support an individual with a most significant disability in supported employment.

C. DBVI may provide ongoing support services to individuals with visual impairment for up totwenty-four (24) months, unless under special circumstances the individual and the counselor jointly agree to the extension of time. in order for the individual to achieve job stability prior to transition to an extended support program.

10. Post-Employment Services: An individual who is determined rehabilitated may receive services necessary to assist that individual to maintain, regain or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests and informed choice. Post-employment services require an amendment to the IPE. Post-employment services are available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and thus, are limited in scope of two or less services and duration of no more than a year. If more comprehensive services are required, and/or there is a new disabling condition and/or it has been longer than three-years since the case was closed successfully, then a new application for DBVI services should be considered.

11. Rehabilitation technology services may be provided to meet the needs and address the barriers confronted by individuals with visual impairment in order to achieve an employment outcome in areas which include education, rehabilitation, employment, transportation and independent living. Rehabilitation technology services may be provided at any time in the rehabilitation process, including the assessment for determining eligibility, vocational rehabilitation needs, trial work experiences, services provided under an IPE, annual reviews of ineligibility decisions, annual reviews of extended employment in rehabilitation facilities, and post-employment services.

12. Transition services are a coordinated set of activities for youth with disabilities through Age 24 to achieve an employment outcome in a competitive integrated setting. These services promote the movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported-employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the youth's preferences and interests, and include, as appropriate, instruction, community experience, the development of employment and other post-school adult objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of an employment outcome identified in the student's individualized plan.

DBVI will assist in transition planning and in the development of student's individualized education plan. For students eligible for services with an agreed upon or projected vocational goal, DBVI is expected to develop an Individualized Plan for Employment within 90 days of eligibility and, whenever possible, before the student leaves the school setting. In providing transition services, DBVI will facilitate the use of community-based services to the extent they are available and appropriate. Services will be provided in the most cost-effective manner.

Pre-employment transition servicesavailable to eligible or potentially eligible students with a vision disability, Age 14 through Age 21, enrolled in a secondary, postsecondary, or other recognized education program, are job exploration counseling; work-based learning experiences; counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs; workplace readiness training; and self-advocacy instruction.

13. Supportive Services May Include

A. Maintenance for additional expenses, such as food, shelter, and clothing that are in excess of usual expenses of the individual and that are necessitated by the individual's participation in a rehabilitation program;

B. Transportation, including travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service and achieve an employment outcome by the most cost-effective means possible.

C. Services to an applicant's/client's family members when those services are necessary to the vocational rehabilitation of the eligible individuals.

D. Personal assistance services necessary to achieve an employment outcome provided while an individual with a visual impairmentis receiving IPE services.

14. Other goods and services determined necessary for the individual to achieve an employment outcome.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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