1. If services
cannot be provided to all eligible individuals who apply, the Director of DVR
will implement an Order of Selection as set forth in this section. After
determining eligibility, counselors must assign a priority category and follow
the Order of Selection set forth below for the provision of services.
Individuals whose IPE has been developed and signed prior to the date of
implementation of the Order of Selection will continue to receive cost
services. Maine DVR will notify all eligible individuals of the priority
categories in the Order of Selection. Eligible individuals in priority
categories not currently being served will be notified in writing of their
assignment to a particular category and their right to appeal their category
assignment.
2. The priority
category shall be assigned, based on their level of significance of disability
into one of four Priority Categories: Priority Category # 1, "individual with a
most significant disability"; Priority Category # 2, "individual with a
significant disability"; Priority Category # 3, "individual with a significant
disability"; or Priority Category # 4, "all other eligible individuals" as set
forth below.
3. Individuals with
disabilities shall be served first based on significance of disability and
second by date of application in the following priority order:
A. Priority Category # 1: Individual with a
most significantly disability" means an eligible individual who meets the
following criteria:
(1) who has a serious
limitation in terms of an employment outcome in four or more functional
capacity areas. Functional capacity areas are; mobility, work tolerance,
communication, self-care, interpersonal skills, self-direction cognition and
learning or work skills. "Serious limitation in terms of an employment outcome"
means a reduction of one's capacity to perform, due to severe physical or
mental impairment, to the degree that the individual requires services or
accommodations in order for the individual to work or be a fully functioning
member of the community;
(2) whose
vocational rehabilitation can be expected to require multiple vocational
rehabilitation services, meaning two or more core vocational rehabilitation
services as outlined in Section
9 of this rule, services 9.1 through
9.14; and
(3) whose vocational
rehabilitation can be expected to require an extended period of time.
B. Priority Category # 2:
Individual with a significant disability means an eligible individual who meets
the following criteria:
(1) who has a serious
limitation in terms of an employment outcome in at least two or three
functional capacity areas. Functional capacity areas are; mobility, work
tolerance, communication, self-care, interpersonal skills, self-direction,
cognition and learning, or work skills. "Serious limitation in terms of an
employment outcome" means a reduction of one's capacity to perform, due to
severe physical or mental impairment, to the degree that the individual
requires services or accommodations in order for the individual to work or be a
fully functioning member of the community;
(2) whose vocational rehabilitation can be
expected to require multiple vocational rehabilitation services, meaning two or
more core vocational rehabilitation services as outlined in Section
9 of this rule, services 9.1 through
9.14; and
(3) whose vocational
rehabilitation can be expected to require an extended period of time.
Individuals in Priority Category # 2 will be served only
after all individuals in Category # 1 receive services.
C. Priority Category # 3:
Individual with a significant disability means an eligible individual who meets
the following criteria:
(1) a serious
limitation in terms of an employment outcome in 1 or more functional capacity
areas. Functional capacity areas are; mobility, work tolerance, communication,
self-care, interpersonal skills, self-direction cognition and learning or work
skills. "Serious limitation in terms of an employment outcome" means a
reduction of one's capacity to perform, due to severe physical or mental
impairment, to the degree that the individual requires services or
accommodations in order for the individual to work or be a fully functioning
member of the community; and:
(2)
whose vocational rehabilitation may require multiple core vocational
rehabilitation services as out lined in Section
9 of this rule, services 9.1 through
9.14; or
(3) whose vocational
rehabilitation may require an extended period of time.
Individuals in Priority Category # 3 will be served only
after all individuals in Categories # 1 and # 2 receive services.
D. Priority Category #
4 means all other eligible individuals.
Individuals in Priority Category # 4 will be served only
after all individuals in Categories # 1, # 2, and # 3 receive services.
4. Individuals Not
Meeting the Order of Selection Criteria
Eligible individuals who do not meet the Order of Selection
category currently being served will have access to services through
information and referral. Individuals will be provided vocational
rehabilitation counseling and guidance to assist such individuals in preparing
for, securing, retaining, advancing in, or regaining employment, and will be
appropriately referred to other programs, including other components of the
statewide workforce investment system.
5. Order of Selection and Pre-Employment
Transition Services
Students with a disability who have been
found eligible and placed on a wait list for a closed priority category may
only receive Pre-Employment Transition Services if they were receiving those
services before being found eligible.
