New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter V - Office Of Vocational Rehabilitation
Part 247 - Client Services
Section 247.8 - Assessment for determining eligibility and vocational rehabilitation needs
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 247.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Review and assessment of data for eligibility determination.
(1) In order to determine whether any
individual is eligible for vocational rehabilitation services, the agency will
base its eligibility determination on:
(i) a
review of existing data, including counselor observations, education records,
information provided by the individual or the individual's family, information
used by the Social Security Administration, and determination made by officials
of other agencies; and
(ii) if
existing data are insufficient, the provision of appropriate assessment
activities to obtain additional data that are necessary to determine whether an
individual is eligible.
(b) Trial work experience to determine eligibility.
(1) Basic conditions. Prior to
any determination that an individual with a severe disability is incapable of
benefiting from vocational rehabilitation services in terms of an employment
outcome because of the severity of that individual's disability, the agency
shall explore the individual's abilities, capabilities and capacity to perform
in work situations through the use of trial work experience, except under
limited circumstances when an individual cannot take advantage of such
experience. During trial work experiences, individuals will be provided
appropriate supports and training. Such experience will result in a
determination that the individual is eligible or that clear and convincing
evidence exists that the individual is incapable of benefiting from services
due to the severity of the disability.
(c) Comprehensive assessment.
(1) Basic conditions. To the extent
additional data are necessary to make a determination of the employment
outcomes, and the objectives, nature, and scope of vocational rehabilitation
services to be included in the individualized plan for employment of an
eligible individual, a comprehensive assessment shall be conducted to determine
the unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice, including the need for supported employment, of
the eligible individual.
(2) Extent
of services. The comprehensive assessment:
(i) is limited to information that is
necessary to identify the rehabilitation needs of the individual that is
necessary to identify the rehabilitation needs of the individual and to develop
the individualized plan for employment of the eligible individual;
(ii) uses, as a primary source of such
information, to the maximum extent possible and appropriate and in accordance
with confidentiality requirements, existing information obtained for the
purposes of determining the eligibility of the individual and assigning
priority for services, and such information as can be provided by the
individual and the family of the individual;
(iii) may include, to the degree needed to
make such a determination, an assessment of the personality, interests,
interpersonal skills, intelligence and related functional capacities,
educational achievements, work experience, vocational aptitudes, personal and
social adjustments, and employment opportunities of the individual, and the
medical, psychiatric, psychological, and other pertinent vocational,
educational, cultural, social, recreational, and environmental factors, that
affect the employment and rehabilitation needs of the individual; and
(iv) may include, to the degree needed, an
appraisal of the patterns of work behavior of the individual and services
needed for the individual to acquire occupational skills, and to develop work
attitudes, work habits, work tolerance, and social and behavior patterns
necessary for successful job performance, including the utilization of work in
real job situations to assess and develop the capacities of the individual to
perform adequately in a work environment.
(d) Technology referral. As appropriate, individuals will be referred for the provision of rehabilitation technology services to assess and develop the capacities of the individual to perform in a work environment.
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