Appropriate Modes of Communication

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, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.  Reference: §361.5(b)(5)

Assessment for Determining Eligibility and Vocational Rehabilitation (VR) Needs

A review of existing data to determine if an individual is eligible for VR services; and to assign priority for an Order of Selection.    To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and assignment. To the extent additional data are necessary to make a determination of the employment outcomes and the nature and scope of VR services to be included in the IPE of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment:    Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the IPE of the eligible individual.    Uses a primary source of information, to the maximum extent possible and appropriate (in accordance with confidentiality requirements) existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection; and information that can be provided by the individual, and if appropriate, by the family of the individual.    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.    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 use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment.        Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and    An exploration of the individual’s abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.

Assistive Technology Device

Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability. Examples include: Prosthetic, orthotic or other assistive devices essential to obtaininj or retaining employment.    Hearing aids.    Telecommunications, sensory and other technological aids and devices.Reference: §361.5(b)(6)

Assistive Technology Service

Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:    The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;    Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;    Reference: §361.5(b)(7)

Auxiliary Aids and Services

Include but are not limited to:    Sign language interpreters for people who are deaf or hard of hearing.    Tactile interpreting for people who are deaf-blind.    Foreign language interpreting for individuals with limited English speaking/comprehension ability.    Media of choice, such as braille or large print documents, for people who are blind or visually impaired.    Readers, who may read textbooks or other written materials for persons who have impaired reading ability due to the disability.    Note takers to take class notes for persons in training or other services who are unable to do so because of their disabilities.    The purpose of these auxiliary aids and services is to provide a means of effective communication, accommodating the needs of individual clients so they may derive full benefit of other VR services. Reference: State definition

Community Rehabilitation Program

A program that provides directly or facilitates the provision of one or more of the following VR services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement:    Medical, psychiatric, psychological, social, and vocational services that are provided under one management.    Testing, fitting, or training in the use of prosthetic and orthotic devices.    Recreational therapy.    Physical and occupational therapy.    Speech, language, and hearing therapy.    Psychiatric, psychological, and social services, including positive behavior management.    Assessment for determining eligibility and VR needs.    Rehabilitation technology.    Job development, placement, and retention services.    Evaluation or control of specific disabilities.    Orientation and mobility services for individuals who are blind.    Extended employment.    Psychosocial rehabilitation services.    Supported employment services and extended services.    Services to family members if necessary to enable the applicant or eligible individual to achieve an employment outcome.    Personal assistance services.    Services similar to the services described previously in this section.    For the purposes of this definition, the word program means an agency, organization, or institution, or unit of an agency, organization, or institution, that provides directly or facilitates the provision of VR services as one of its major functions.    Reference: §361.5(b)(9)

Comparable Services and Benefits

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;    Available to the individual at the time needed to ensure the progress of the individual towards achieving the employment outcome in the Individualized Plan for Employment (IPE).    Commensurate to the services that the individual would otherwise receive from the VR agency.    Comparable benefits do not include awards and scholarships based on merit.  Reference: §361.5(b)(10)

Competitive Employment

Work in the competitive labor market that is performed on a full-time 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.    Reference: §361.5(b)(11)

Counseling and Guidance - General

In all cases, counselors develop a collaborative relationship with each applicant and eligible individual and promote the individual’s full involvement and participation in the rehabilitation process. The counselor’s role in providing information about and guiding the individual in exploration of options is critical to supporting informed choice of the individual. Vocational counseling and guidance also includes support and assistance with problem solving and clarification of values, as well as information about and referral to community resources and coordination of services. Such counseling and guidance may not be considered a “countable” service for Order of Selection purposes.  Reference: State definition

Counseling and Guidance - Substantial

If required by the individual, the counselor will provide discrete, substantial counseling services that are vocational in nature and are specifically designed to assist the individual in participating in the rehabilitation process and in reaching an employment outcome. Such vocational counseling will involve multiple sessions, be included in the IPE, and address issues such as vocational exploration, career decision making, establishment of a career path including short and long term goals, self-advocacy in the work place, development or problem-solving skills, and use of community resources related to employment. This substantial level of service is distinct from the general counseling relationship that exists between the counselor and the client throughout the rehabilitation process. Such substantial counseling and guidance may be considered a “countable” service for Order of Selection purposes. (Note: This is not mental restoration services provided by other qualified sources. See codes 320, 300 and 340.) The level of service is determined according to the VR needs of the individual consistent with his or her informed choice.    Reference: State definition

Employment Outcome

With respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.    Regulatory guidance: Homemaker remains an acceptable outcome. However, competitive employment, which is the optimal employment outcome under the program, should be considered for each individual who receives services.    Reference: §361.5(b)(16)

Extended Employment

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.  Reference: §361.5(b)(19)

Extended Services

Ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource from funds other than Title I VR dollars after an individual with a most significant disability has made the transition from support provided by RS.  Reference: §361.5(b)(20)

Extreme Medical Risk

A probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.  Reference: §361.5(b)(21)

Family Member

For purposes of receiving VR services when necessary to enable the applicant or client to achieve an employment outcome, means an individual:    Who either    Is a relative or guardian of an applicant or eligible individual; or lives in the same household as an applicant or eligible individual;    Who has a substantial interest in the well-being of that individual; and    Whose receipt of VR services is necessary to enable the applicant or eligible individual to achieve an employment outcome.    Reference: §361.5(b)(23)    Services to family members are support services and will be provided only in conjunction with other rehabilitation services. Services to family members are intended to promote family participation and remove family barriers to full participation in the rehabilitation process. Services to family members should be viewed as a limited service that does not duplicate the services available within the community. Services to family members are supports necessary to the adjustment and rehabilitation of the person. These services may include, but are not limited to: Training in personal assistance techniques to care for the individual.    Child care for minor children while the individual is engaged in training or other rehabilitation services.    Reference: State definition

Homemaker

Is recognized as gainful work in the regulations which implement the Rehabilitation Act. Homemaking may be an appropriate occupation for any client — man or woman — regardless of marital status or dependents. Homemaking involves managing the household as one’s main daily activity or principal occupation. Common tasks may include cleaning, cooking, laundry or caring for dependents in the home. The appropriateness of a homemaker goal or outcome depends on the individual’s needs and circumstances. In order for homemaking to be considered as a gainful occupation, the essential functions of the homemaker duties must be performed by the individual with or without a reasonable accommodation. There must have been benefits derived from VR services which contribute to the client’s ability to function as a homemaker. This includes the individual for whom a change in the vocational objective to homemaker is determined to be most suitable given that services have contributed substantially to an improvement in homemaker abilities and client independence. Counselors and clients will work together to define the specific homemaker duties for each individual case.    Reference: State Definition

Individual With a Disability

For purposes of the VR program, means an individual:    Who has a physical or mental impairment;    Whose impairment constitutes or results in a substantial impediment to employment; and    Who can benefit in terms of an employment outcome from the provision of VR services.    Reference: §361.5(b)(28)

Individual With a Significant Disability

An individual with a disability:    Who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;    Whose vocational rehabilitation can be expected to require multiple VR services over an extended period of time; and    Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (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 VR needs to cause comparable substantial functional limitation.    Reference: §361.5(b)(31)

Individual's Representative

Any representative chosen by an applicant or eligible individual, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.  Reference: §361.5(b)(32)

Integrated Setting

With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;    With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.    Reference: §361.5(b)(33)

Intercurrent Illness

An unexpected illness or injury that arises during rehabilitation and constitutes a hazard to the determination of eligibility, participation in IPE services or the achievement of the vocational objective.  Reference: State definition

Maintenance

Monetary support provided to an eligible individual for expenses such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and VR needs or the individual’s receipt of VR services under an IPE. Rehabilitation Services Administration (RSA) guidance: The following are examples of expenses that would meet the definition of maintenance. The examples are purely illustrative, do not address all possible circumstances, and are not intended to substitute for individual counselor judgment.    Example: The cost of a uniform or other suitable clothing that is required for an individual's job placement or job seeking activities.    Example: The cost of short-term shelter that is required in order for an individual to participate in assessment activities or vocational training at a site that is not within commuting distance of an individual's home.    Example: The initial one-time costs, such as a security deposit or charges for the initiation of utilities, that are required in order for an individual to relocate for a job placement.    Example: The costs of an individual’s participation in enrichment activities related to that individual’s training program.    Reference: §361.5(b)(35)    Note: It is possible to provide short-term emergency financial assistance to eligible individuals who are homeless or deinstitutionalized not as maintenance but as “other services” that are necessary for the individual to achieve an employment outcome. Beyond the emergency situation, however, RSA guidance indicates that welfare and other social service agencies are better equipped to support the everyday living expenses of the homeless or deinstitutionalized. Reference: Regulatory guidance, Page 6313, Federal Register, February 11, 1997 and §361.48(a)(20)

Mediation

The act or process of using an independent third party to act as a mediator, intermediary, on conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative of other legal remedies.  Reference: §361.5(b)(36)

Multiple Contacts

The counselor has made numerous attempts to contact the client at different hours of the day and different days of the week, using a variety of methods such as phone, e-mail, mail, or messages through the client’s identified contact person.  Reference: State definition

Occupational Licenses

This service is provided when necessary to increase an individual’s opportunity for successful employment following completion of the other components of the IPE. Occupational licenses include: licenses, certifications, registrations or permits required by a state, city or other governmental unit to enter or engage in an occupation of business. The need for occupational licenses must be clearly established, based on state and local requirements, employer requirements for hiring or job retention, and requirements of the trade of profession.  Reference: State definition

Ongoing Support Services

Services that are:    Needed to support and maintain an individual with a most significant disability in supported employment;    Identified based on a determination by RS of the individual's needs as specified in an IPE; and    Furnished by RS from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;    Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the work site that are needed to maintain stability based on:    At a minimum, twice-monthly monitoring at the work site of each individual in supported employment; or    If under special circumstances, especially at the request of the individual, the IPE provides for off-site monitoring, twice-monthly meetings with the individual;    Consist of:    Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs;    The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;    Job development and training;    Social skills training;    Regular observation or supervision of the individual;    Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;    Facilitation of natural supports at the work site;    Any other service identified in the scope of VR services for individuals; or    Any service similar to the foregoing services.    Reference: §361.5(b)(38)

Other Goods and Services

Other services that are not otherwise defined but are directly related to participation in the IPE or achieving an employment outcome.  Reference: State definition

Personal Assistance Services

A range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other VR services. The services may include training in managing, supervising, and directing personal assistance services. Reference: §361.5(b)(39)      Personal assistance services may be provided through VR if they are not available through another source. It is important to determine whether such services are available as a comparable benefit through any other program. When the individual will need continuing personal assistance after VR case closure, it is essential to identify and plan for other programs that will provide the long-term support. This is a support service and will be provided only in conjunction with other rehabilitation services.  Reference: State guidance

Physical and Mental Restoration Services

Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;    Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;    Dentistry;    Nursing services;    Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;    Drugs and supplies;    Prosthetic or orthotic devices;    Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws;    Podiatry;    Physical therapy;    Occupational therapy;    Speech or hearing therapy;    Mental health services;    Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment;    Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and    Other medical or medically related rehabilitation services.    Reference: §361.5(b)(40)

Physical or Mental Impairment

Any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine; and    Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.    Reference: §361.5(b)(41)

Post-Employment Services

One or more VR 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. RSA guidance: Post-employment services are intended to ensure that the employment outcome remains consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests. These services are available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and, thus, should be limited in scope and duration. If more comprehensive services are required, then a new rehabilitation effort should be considered. Post-employment services are to be provided under an amended IPE; thus, a re-determination of eligibility is not required. The provision of post-employment services is subject to the same requirements as the provision of any other vocational rehabilitation service. Post-employment services are available to assist an individual to maintain employment, e.g., the individual's employment is jeopardized because of conflicts with supervisors or co-workers and the individual needs mental health services and counseling to maintain the employment; to regain employment, e.g., the individual's job is eliminated through reorganization and new placement services are needed; and to advance in employment, e.g., the employment is no longer consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests. Reference: §361.5(b)(42)

Reader Services

Readers may read textbooks or other written materials for persons who have impaired reading ability due to the disability. This purpose is to provide a means of effective communication, accommodating the needs of the individual clients so they may derive full benefit of other VR services.  Reference: State definition

Referral and Other Services

Information and referral services are intended to assist individuals to access or secure needed services and benefits from other agencies, programs or sources. Such services are an essential part of case management with all applicants and recipients of services, particularly related to the search for and use of comparable benefits and services.  Reference: State definition

Rehabilitation Engineering

The systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.  Reference: §361.5(b)(44)

Rehabilitation Technology

The systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.  Reference: §361.5(b)(45)

Self-Employment

Working for oneself and may be temporary, home-based, contractual, full-time, part-time. Self-employment through business entrepreneurship means that a person owns, operates and managers a business; no supervisor oversees the person. Reference: State definition

Substantial Impediment to Employment

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.  Reference: §361.5(b)(52)

Substantiality of Services

VR services, whether provided by staff or purchased:    Were necessary for the client to achieve employment consistent with his/her strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and    Contributed directly and substantially to the employment outcome achieved by the client.

Support Services

Any services necessary for the eligible individual to derive full benefit from his or her VR plan. These services can only be provided in conjunction with non-support services. They are maintenance, services to family members and transportation.  Reference: State definition based on federal guidance

Supported Employment

Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice of the individuals with ongoing support services. This service is provided for individuals with the most significant disabilities for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disabilities; and who, because of the nature and severity of their disabilities, need intensive supported employment services from RS and extended services after transition to perform this work.    Transitional employment for individuals with the most significant disabilities due to mental illness. (See the definition of transitional employment in this glossary.)    Reference: §361.5(b)(53)

Supported Employment Services

Ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by RS:    For a period of time not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the IPE; and    Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.    Reference: §361.5(b)(54)

Transition Services

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 must be based upon the individual student's needs, taking into account the student's preferences and interests, and must include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student's IPE.  Reference: §361.5(b)(55)

Transitional Employment

A series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.  Reference: §361.5(b)(56)

Transportation

Travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a VR service, including expense for training in the use of public transportation vehicles and systems. RSA Guidance: The following are examples of expenses that would meet the definition of transportation. The examples are purely illustrative, do not address all possible circumstances, and are not intended to substitute for individual counselor judgment.    Example: Travel and related expenses for a personal care attendant or aide if the services of that person are necessary to enable the applicant or eligible individual to travel to participate in any vocational rehabilitation service.    Example: Relocation expenses incurred by an eligible individual in connection with a job placement that is a significant distance from the eligible individual's current residence.    Example: The purchase and repair of vehicles, including vans, but not the modification of these vehicles, as modification would be considered a rehabilitation technology service.    Reference: §361.5(b)(49)    Transportation is a support service and will be provided only in conjunction with other rehabilitation services. This service may include, but is not limited to:    Mileage, parking fees and road tolls.    Short-term travel related expenses, such as food and shelter, incurred by an individual when participating in authorized services.    Use of public transportation.    Taxi or bus fares.    Limited vehicle repairs and maintenance essential to the operation of a personal vehicle used to participate in other IPE services.    Limited vehicle purchase when there is no cost effective alternative and when necessary to participate in the IPE or to achieve employment.    Relocation expenses incurred by an individual who will be permanently relocating in connection with participation in IPE services or a job placement that is a significant distance from the person’s current residence.  Reference: State guidance