Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 72 - VOCATIONAL REHABILITATION SERVICES
Section 92-72-001 - General Information

Universal Citation: 92 NE Admin Rules and Regs ch 72 ยง 001

Current through March 20, 2024

001.01 Laws and Regulations

Laws and Regulations. The Nebraska Vocational Rehabilitation Program operates pursuant to the Rehabilitation Act, found in the United States Code, Title 29, Section 701 et. seq.; federal regulations found in the Code of Federal Regulations, Chapter 34, Part 80 and Parts 360 et. seq.; Revised Nebraska Statutes § 79-11,121 et. seq.; and, the Nebraska Vocational Rehabilitation State Plan which is filed and updated annually with the United States Department of Education.

001.02 Administration

The program is administered under the general supervision and direction of the Commissioner of Education. The Director is appointed by the Commissioner, with the approval of the State Board of Education, in accordance with established personnel standards and on the basis of the Director's education, training, experience, and demonstrated ability in the field of vocational rehabilitation. The Director shall, with the approval of the Commissioner, establish and maintain appropriate subordinate administrative units within the program.

001.03 Department Policies

Any policies, manuals, or procedures issued by the Commissioner of Education or approved by the State Board of Education relating to the internal operation of the State Department of Education shall apply to all activities performed by the program.

001.04 Purposes

The purpose of the program is to operate a comprehensive and coordinated program designed to provide individuals with disabilities with vocational rehabilitation services which will increase their productivity and employment opportunities, increase their ability to achieve independent living, and maximize their community inclusion and integration so they may prepare for and engage in gainful employment.

001.05 Services, Goods, and Supports

Services, Goods, and Supports. The program will provide services reasonable and necessary to achieve an employment outcome to eligible individuals with disabilities consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

001.06 Responsibilities

The Program is responsible for all decisions concerning the eligibility for vocational rehabilitation services; the nature and scope of available vocational rehabilitation services; the provision of rehabilitation services; the determination that a recipient has achieved an employment outcome commensurate with his or her unique strengths, resources priorities, concerns, abilities, capabilities, interests and informed choice; and, the allocation and expenditure of program funds. These responsibilities may not be delegated to any other organization or individual.

001.07 Individual Responsibilities

Individuals participating in the program as either an applicant or a recipient have the following responsibilities:

001.07A. To be honest regarding their intent to achieve an employment outcome consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choices;

001.07B. To cooperate, which includes keeping scheduled appointments on time, following medical and other professional advice including advice provided by program staff, and completing all assignments and other tasks on time;

001.07C. To assume primary responsibility for identifying their employment outcomes, planning their vocational rehabilitation services, and carrying out their Individualized Plans for Employment;

001.07D. To help pay for the costs of services received by seeking out, applying for, and using any comparable services and benefits for which they are eligible; and,

001.07E. To keep in regular contact with program staff regarding case progression, including promptly informing program staff of changes in their personal and financial circumstances, and of problems encountered with services or service providers.

001.08 Failure to Comply with Responsibilities

Failure of an applicant or recipient to comply with any of the responsibilities in Section 001.07 may result in the termination of program services.

001.09 Personal Information

Personal information relating to applicants and recipients will be kept confidential according to applicable federal law, state law, and related regulations.

001.10 Implementation Date

Exceptions to State Regulations, Scope of Services and Fees. The Director shall designate which program staff has the authority and discretion to make exceptions to any state imposed regulations contained in this Chapter, including regulations on scope of services and fees. Exceptions may be granted if the designated staff determines there is no alternative to addressing the recipient's need for a service or support necessary to complete an assessment for determining eligibility and vocational rehabilitation needs or to achieve the job goal on the recipient's approved Individualized Plan for Employment (IPE).

001.11 Implementation Date

Individual recipient Individualized Plan for Employment (IPE) provisions related to post-secondary training will become effective on July 1 following the effective date of this Chapter. All other provisions of this Chapter become effective on the effective date of this Chapter.

Disclaimer: These regulations may not be the most recent version. Nebraska 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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