New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Subchapter 1 - OVERVIEW OF VOCATIONAL REHABILITATION
Section 10:95-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Amanuensis" means an individual who reads and/or writes appropriate material for a blind or visually impaired person. For the purposes of this chapter, an amanuensis is equivalent to a reader.

"Applicant" means an individual who submits an application for vocational rehabilitation services, has completed and signed an agency application form, has completed a common intake application form in a One-Stop center requesting VR services or has otherwise requested services from the Commission (in writing or electronically).

"Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, Braille and large print materials in electronic formats, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, augmentative devices, graphic presentations and simple language materials.

"Assistive technology devices" means any item or equipment used to increase, maintain, or improve the functional capabilities of an individual with a disability. Assistive technology device has the meaning given such term in section 3(2) of the Technology-Related Assistance for Individuals with Disabilities Act of 1988 ( 29 U.S.C. § 2202(2)).

"Assistive technology service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service has the meaning given such term in section 3(3) of the Technology-Related Assistance for Individuals with Disabilities Act of 1988 ( 29 U.S.C. § 2202(3)).

"Community rehabilitation program" means a program that provides directly, or facilitates the provision of, vocational rehabilitation services to individuals with disabilities and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement.

"Comparable services and benefits" means services and benefits that are provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits. These services should be available to the individual at the time needed to ensure the progress of the individual in achieving an employment outcome.

"Competitive employment" means work in the competitive labor market that is performed on a full or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. Competitive employment also includes satisfying the vocational outcome of supported employment or satisfying any other vocational outcome that the U.S. Secretary of Education may determine to be appropriate, including self-employment, telecommuting, or business ownership.

"Employment outcome" means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market to the greatest extent practicable; supported employment, or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Pursuant to 34 CFR Part 361.1 (c), independent homemaker is deemed to be an employment outcome.

"Extended employment" means work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act and any other needed support services to an individual with a disability to enable the individual to continue to train or otherwise prepare for competitive employment, unless the individual through informed choice chooses to remain in extended employment.

"Financial needs standard and survey," as defined in 10:91-3.1, means the instrument that the Commission utilizes in determining consumer participation in services provided under an Individualized Plan for Employment. SSDI and SSI beneficiaries, who are recipients of vocational rehabilitation services, are exempt from the needs test standard. Reader services, interpreter services, and personal assistance services are exempt from the needs test standard.

"Individualized Plan for Employment (IPE)" means an agreement developed, with or without assistance from the State unit or other entity that is agreed to, and signed by the Commission and the individual. It is designed to achieve the employment objective of the individual.

"Informed choice" means a decision-making process in which the individual analyzes relevant information and selects, with the assistance of the rehabilitation counselor, a vocational goal, rehabilitation objectives, VR services and VR providers.

"Post-employment services" means one or more services that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests.

"Rehabilitation" means the capacity of an individual to benefit from vocational rehabilitation services sufficient to achieve an employment outcome.

"Significant disability" means a disability that severely limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) and will require multiple vocational rehabilitation services over an extended period of time.

"Substantial impediment to employment" means 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 capacities and abilities.

"Supported employment" means competitive work in integrated work settings for individuals with the most significant disabilities or employment in integrated work settings in which the individual is working toward competitive employment. These are persons for whom competitive employment has not traditionally occurred, for whom competitive employment has been interrupted or intermittent as a result of a significant disability. Because of the nature and severity of their disabilities, these persons need intensive supported employment services and extended services in order to perform such work.

"Transition services" mean a coordinated set of activities for a student, designed within an outcome oriented process, that promotes movement from school to post school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation.

"Vocational goal" means an employment objective consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the individual. Vocational goal, employment objective, and employment goal are used interchangeably.

"Workforce investment activities" means activities, as defined in Section 101 of the Workforce Investment Act of 1998 ( P.L. 105-220, enacted August 2, 1998), 29 U.S.C. §§ 201 et seq., that are carried out under the Act.