Current through March 20, 2024
Terms used in this Chapter not defined below have meaning as
defined in the laws and regulations of the Rehabilitation Act.
002.01 Applicant
Applicant shall mean an individual who has completed, signed,
and submitted an application form to participate in the program. If
appropriate, the applicant may have a parent, family member, guardian,
advocate, or other authorized representative sign the application.
002.02 Comparable services and
benefits
Comparable services and benefits shall mean services and
benefits, including accommodations and auxiliary aids and services, that
are:
002.02A. Provided or paid for, in
whole or in part, by other federal, state, or local public agencies, by health
insurance, or by employee benefits;
002.02B. Available to the recipient at the
time needed to ensure the progress of the recipient toward achieving the
employment outcome in their Individualized Plans for Employment; and,
002.02C. Commensurate to the services that
the recipient would otherwise receive from the program. The professional
licensing, staff qualifications and experience of other federal, state, or
local public agencies will not be factors used to determine whether services or
benefits are to be considered commensurate.
002.02D. For the purposes of this definition,
comparable services and benefits do not include awards and scholarships based
on merit.
002.03
Department
Department shall mean the Nebraska Department of
Education.
002.04 Director
Director shall mean the Director of Vocational
Rehabilitation.
002.05
Eligibility
Eligibility shall mean an individual with a disability who
meets the requirements to participate in the program. Such requirements are
that:
002.05A He or she has a physical
or mental impairment;
002.05B. The
impairment constitutes or results in a substantial impediment to
employment;
002.05C. The individual
can benefit in terms of an employment outcome from the provision of program
services; and,
002.05D. The
individual requires services from the program in order to prepare for, secure,
retain, or regain employment.
002.06 Employment outcome
002.06A. Entering, advancing in, or retaining
full-time or, if appropriate, part-time competitive integrated employment in
the integrated labor market;
002.06B. Satisfying the vocational outcome of
supported or customized employment; or,
002.06C. Satisfying any other appropriate
vocational outcome, including the vocational outcome of self-employment,
telecommuting, or business ownership in a manner consistent with the
Rehabilitation Act.
002.07 Individualized Plan for Employment,
(IPE)
Individualized Plan for Employment, (IPE), shall mean an
individualized written plan containing descriptions of a specific employment
outcome, the nature and scope of needed services and the entities to provide
them, the criteria to evaluate progress toward achievement of an outcome, and
the responsibilities of the program and the recipient, including the
recipient's participation in paying for the costs of the plan.
002.07A. Before a recipient may begin program
services, the plan must be agreed to and signed by the recipient or, if
appropriate, a parent, a family member, a guardian, an advocate, or an
authorized representative, and approved and signed by an authorized staff
member.
002.07B. Before approving a
recipient's Individualized Plan for Employment, authorized staff consider:
002.07B1. The availability of employment
opportunities in the specific employment outcome in the recipient's local labor
market or a labor market to which the recipient has indicated his or her
willingness to relocate.
002.07B2.
The consistency between employer requirements for educational level, type of
preparation and relevant work experience in the specific employment outcome and
the recipient's educational level, type of preparation, and work
experience.
002.07B3. The
consistency between employer wages and benefits in the specific employment
outcome and the recipient's needs to meet necessary costs of living,
rehabilitation technology, impairment related work expenses, and health care
and impairment treatment.
002.07B4.
The consistency between the typical work environment in the specific employment
outcome and the recipient's work interests, values, and needs.
002.07B5. The consistency between the
essential functions typically performed in the specific employment outcome and
the recipient's functional abilities.
002.07B6. The recipient's ability to benefit
from the specific vocational rehabilitation services included in the plan to
the degree necessary to resolve all inconsistencies in Sections
002.07B2 through
002.07B5 of this
Chapter.
002.07C.
Authorized staff may approve a recipient's Individualized Plan for Employment
if, after considering the factors in Section
002.07B of this
Chapter, they determine that:
002.07C1. The
specific employment outcome will be available to the recipient in the local
labor market, or a labor market to which the individual is willing to
relocate;
002.07C2. The specific
employment outcome available to the recipient will provide the earnings and
benefits necessary to meet the criteria for an employment outcome in Section
002.06 of this Chapter;
002.07C3.
The plan includes the vocational rehabilitation services necessary to resolve
all inconsistencies between employer requirements and occupational
characteristics associated with the specific employment outcome and the
recipient's unique strengths, resources, priorities, concerns, abilities,
capabilities, and interests, and informed choice; and,,
002.07C4. There is a service provider
available (including program staff) for each of the necessary vocational
rehabilitation services in the recipient's community or a community to which
the individual is willing to relocate to receive services.
002.08 Informed choice
Informed choice shall mean the principle by which applicants
and recipients, with support services as necessary, are provided a meaningful
opportunity to participate in decisions with regard to the selection of an
employment outcome, program services (including assessment services), and
service providers, through the provision of, or assistance in the acquisition
of, information relating to:
002.08A.
The availability of employment opportunities;
002.08B. The availability and flexibility to
provide potential services (including accessibility, duration, cost, and cost
sharing requirements, service provider past performance in achieving results or
employment outcomes and the quality of those results or outcomes, and recipient
satisfaction);
002.08C. The
qualifications of potential service providers;
002.08D. The types of services offered by
that provider; and,
002.08E. The
degree to which services are provided in integrated settings.
002.09 Mental impairments
Mental impairments shall mean impairments produced by any
mental or psychological disorder, such as intellectual disability, organic
brain syndrome, emotional or mental illness, and specific learning
disabilities.
002.10 Order
of selection
Order of selection shall mean the order in which eligible
individuals will be served when funding is not sufficient to serve all eligible
individuals. Individuals in priority group one will be served first, followed
by those in priority group two and lastly those in group three.
002.10A. Priority Group Three: All eligible
individuals.
002.10B. Priority
Group Two: Any eligible individual who:
002.10B1. Has a severe physical or mental
impairment that seriously limits one functional area (mobility, communication,
self-care, self-direction, interpersonal skills, work tolerance, or work
skills) in terms of an employment outcome, and
002.10B2. Requires multiple services over an
extended period of time, and
002.10B3. Has one or more physical or mental
impairments resulting from amputation, arthritis, autism, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual
disability , mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle
cell anemia, specific learning disability, end-stage renal disease, or another
disability or combination of disabilities determined on the basis of an
assessment for determining eligibility and vocational rehabilitation needs to
cause comparable substantial functional limitations.
Note: Individuals who receive Social Security
Disability Insurance (SSDI) or Supplemental Security Income (SSI) automatically
qualify for priority group two and are assessed to determine whether they
qualify for priority group one.
002.10C. Priority Group One: Any eligible
individual who:
002.10C1. Has a severe
physical or mental impairment that seriously limits two or more functional
areas (mobility, communication, self-care, self-direction, interpersonal
skills, work tolerance, or work skills) in terms of an employment outcome,
and
002.10C2. Requires multiple
services over an extended period of time, and
002.10C3. Has one or more physical or mental
impairments resulting from amputation, arthritis, autism, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual
disability, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle
cell anemia, specific learning disability, end-stage renal disease, or another
disability or combination of disabilities determined on the basis of an
assessment for determining eligibility and vocational rehabilitation needs to
cause comparable substantial functional limitations.
002.11 Physical impairments
Physical impairments shall mean those impairments produced by
any physiological disorder or condition, cosmetic disfigurement, or anatomical
loss, affecting one or more of the body systems which includes neurological,
musculo-skeletal, special sense organs, respiratory (including speech organs),
cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic,
skin, and endocrine systems.
002.12 Program
Program shall mean the Nebraska Department of Education's
Vocational Rehabilitation Services program.
002.13 Recipient
Recipient shall mean an applicant who has met the eligibility
requirements, is qualified for services pursuant to the order of selection and
is currently participating in the program.
002.14 Requires vocational rehabilitation
(program) services
Requires vocational rehabilitation (program) services shall
mean the determination that an individually planned and coordinated program of
specific services is required for an individual to prepare for, secure, retain,
or regain employment. In making this determination, considerations
include:
002.14A. The individual's
need for specialized services, supports, or accommodations not typically used
by the general public; and,
002.14B. The need for planning and
coordination of multiple or complex services over a long duration to enable the
individual to secure, retain, or regain employment.
002.15 Substantial impediment to employment
Substantial impediment to employment shall mean that a
physical or mental impairment (in light of attendant medical, psychological,
vocational, educational, communication, and other related factors) hinders an
individual from preparing for, entering into, engaging in, or retaining
employment consistent with the individual's abilities and
capabilities.
