Ohio Administrative Code
Title 3304 - Opportunities for Ohioans with Disabilities
Chapter 3304-2 - Vocational Rehabilitation Program
Section 3304-2-59 - Scope of services
Universal Citation: OH Admin Code 3304-2-59
Current through all regulations passed and filed through September 16, 2024
(A) OOD shall provide services consistent with 34 CFR 361.48, in effect on the effective date of this rule.
(B) Definition as applied to this rule.
"Student with a disability" means an individual with a
disability in a secondary, postsecondary or other recognized education program
who is not younger than fourteen and is not older than twenty-one years of age
and, for a student in secondary education, is eligible for and receiving
special education or related services under Part B of the Individuals with
Disabilities Education Act or is a student with a disability for purposes of
section 504 of the Rehabilitation Act of 1973, as amended.
(C) As appropriate to the vocational rehabilitation needs of each individual and consistent with each individual's individualized plan for employment, OOD shall ensure that the following vocational rehabilitation services are available to assist the individual with a disability in preparing for, securing, retaining, advancing in or regaining an employment outcome that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice.
(1)
Assessment for
determining eligibility and priority for services by qualified personnel,
including, if appropriate, an assessment by personnel skilled in rehabilitation
technology, in accordance with rule
3304-2-54 of the Administrative
Code.
(2)
Assessment for determining vocational rehabilitation
needs by qualified personnel, including, if appropriate, an assessment by
personnel skilled in rehabilitation technology, in accordance with rule
3304-2-54 of the Administrative
Code.
(3)
Vocational rehabilitation counseling and guidance,
including information and support services to assist an individual in
exercising informed choice.
(4)
Referral and
other services necessary to assist applicants and eligible individuals to
secure needed services from other agencies, including other components of the
statewide workforce development system, and to advise those individuals about
the client assistance program.
(5)
Physical and
mental restoration services, to the extent that financial support is not
readily available from a source other than OOD.
(6)
Vocational and
other training services, including personal and vocational adjustment training,
advanced training in, but not limited to, a field of science, technology,
engineering, mathematics (including computer science), medicine, law, or
business; books, tools, and other training materials.
All college, occupational, and vocational training
shall be provided in accordance with rule
3304-2-58 of the Administrative
Code.
(7)
Maintenance.
(8)
Transportation in
connection with the provision of any vocational rehabilitation
service.
(9)
Vocational rehabilitation services to family members of
an applicant or eligible individual if necessary to enable the applicant or
eligible individual to achieve an employment outcome.
(10)
Interpreter
services, including sign language and oral interpreter services, for
individuals who are deaf or hard of hearing and tactile interpreting services
for individuals who are deaf-blind provided by qualified
personnel.
(11)
Reader services, rehabilitation teaching services, and
orientation and mobility services for individuals who are blind or visually
impaired.
(12)
Job-related services, including job search and
placement assistance, job retention services, follow-up services, and
follow-along services.
(13)
Supported employment services in accordance with rule
3304-2-60 of the Administrative
Code.
(14)
Personal assistance services.
(15)
Post-employment
services.
OOD may provide
post-employment vocational rehabilitation services subsequent to the
achievement of an employment outcome that are necessary for an eligible
individual to maintain, regain or advance in employment. These post-employment
services shall be provided under an individualized plan for
employment.
(16)
Occupational licenses, tools, equipment, initial
stocks, and supplies.
(17)
Rehabilitation technology, including vehicular
modification, telecommunications, sensory, and other technological aids and
devices.
(18)
Transition services for students and youth with
disabilities, that facilitate the transition from school to postsecondary life,
such as achievement of an employment outcome in competitive integrated
employment, or preemployment transition services for students.
(19)
Technical
assistance and other consultation services to conduct market analyses, develop
business plans, and otherwise provide resources, to the extent those resources
are authorized to be provided through the statewide workforce development
system, to eligible individuals who are pursuing self-employment or
telecommuting or establishing a small business operation as an employment
outcome.
(20)
Customized employment.
(21)
Other goods and
services determined necessary for the individual with a disability to achieve
an employment outcome.
(D) OOD, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities, in need of such services, without regard to the type of disability.
(1)
Pre-employment transition services must be made
available statewide to all students with disabilities, regardless of whether
the student has applied or been determined eligible for vocational
rehabilitation services.
(2)
OOD shall provide the following pre-employment
transition services:
(a)
Job exploration counseling;
(b)
Work-based
learning experiences, which may include in-school or after school
opportunities, or experience outside the traditional school setting (including
internships), that is provided in an integrated environment in the community to
the maximum extent possible;
(c)
Counseling on
opportunities for enrollment in comprehensive transition or college
(postsecondary educational programs) at institutions of higher
education;
(d)
Workplace readiness training to develop social skills
and independent living; and
(e)
Instruction in
self-advocacy (including instruction in person-centered planning), which may
include peer mentoring (including peer mentoring from individuals with
disabilities working in competitive integrated employment).
(3)
OOD
shall provide auxiliary aids and services, assistive technology, maintenance,
transportation, personal assistance services, services to family members, and
rehabilitation technology for students with disabilities who require such
services to participate in pre-employment transition services.
(E) OOD shall not provide the following restoration services:
(1)
Abortion;
(2)
Experimental
surgery and/or medical equipment;
(3)
Sterilization;
(4)
Transplants of
vital organs other than kidneys;
(5)
Gender affirming
surgery or any auxiliary procedures associated with, or leading up to such
surgery; and
(6)
Medical marijuana.
(F) OOD shall not erect buildings including homes.
(G) OOD shall not purchase:
(1)
Land;
(2)
Buildings including homes;
(3)
Vehicles;
(4)
Experimental
items;
(5)
Firearms;
(6)
Ammunition;
(7)
Explosives;
(8)
Alcohol;
(9)
Tobacco;
(10)
Flammables;
(11)
Combustibles;
(12)
Reinstatement of
licensure fees;
(13)
Representation for appeal hearings for a referral,
applicant, or individual;
(14)
Products
containing marijuana plant derivatives including, but not limited to,
cannabidiol (CBD), tetrahydrocannabinol (THC), or hemp;
(15)
Health
insurance;
(16)
Vehicle insurance;
(17)
Liability
insurance, unless required and included as part of a program training fee;
or
(18)
Any service when OOD learns an individual has an active
arrest warrant, unless that individual is already under the supervision of a
court.
(19)
Any service that violates state or federal law and
regulation.
(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.
Replaces: 3304-2-59
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