D.C. Mun. Regs. r. 29-126

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 29-126 - ORDER OF SELECTION OF SERVICES

126.1

The Rehabilitation Services Administration shall provide vocational rehabilitation services based on the availability of funds, in accordance with 34 C.F.R. § 361.36.

126.2

If the Rehabilitation Services Administration determines that sufficient funds are not available to provide vocational rehabilitation services to all eligible persons, the Rehabilitation Services Administration, in consultation with the State Rehabilitation Council in accordance with 34 C.F.R. § 361.36(f), shall institute an order of selection for services, providing services on a priority basis to eligible persons with the most significant to the least significant disability, at the time of rendering services, as follows:

(a) Category I: Individual with a most significant disability. An individual with a most significant disability is a person:

(1) Who has a significant disability and who, should the Rehabilitation Services Administration State Plan implement Order of Selection procedures pursuant to 34 C.F.R. § 361.36, are provided priority vocational rehabilitation services;

(2) Who has a severe physical or mental impairment that seriously limits three 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); and

(3) Whose vocational rehabilitation can be expected to require multiple, highly specialized vocational rehabilitation services over an extended period of time;

(4) Who also satisfied the qualifications for Category II pursuant to paragraph (b) of this subsection.

(b) Category II: Individual with a significant disability. An individual with a significant disability is a person:

(1) [Repealed].

(2) 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);

(3) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(4) 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, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal 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 vocational rehabilitation needs to cause comparable substantial functional limitation;

(c) Category III: Individual with a non-significant disability. An individual with a non-significant disability is a person:

(1) Who has a physical or mental impairment that does not meet the criteria set forth in paragraphs (a) and (b) of this subsection;

(2) Whose impairment constitutes or results in a substantial impediment to employment; and

(3) Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

126.3

If an order of selection is implemented, the Rehabilitation Services Administration shall:

(a) Notify all eligible persons of the priority categories in the order of selection, their assignment to a particular category, and their right to appeal their category assignment;

(b) Provide services to each person in a higher priority category before serving any person in a lower priority category;

(c) Maintain a waiting list of each eligible person that cannot be served;

(d) Notify each person as funding becomes available and the person becomes next in line for services, based on the priority established by the order of selection and the waiting list;

(e) Provide each eligible person who cannot be served with information and referrals to other federal and District of Columbia programs which may be able to meet their employment needs; and

(f) Review the waiting list annually to ensure that services are being provided on a District-wide basis and that the determination of priority category does not bar or discriminate against any eligible person based on impermissible factors in accordance with 34 C.F.R. § 361.36(d)(2).

126.4

The order of selection shall not apply to:

(a) A person applying for or receiving Independent Living Services (ILS) under Title VII of the Rehabilitation Act;

(b) A person who has begun to receive services under an Individualized Plan for Employment (IPE) before the effective date of the order of selection; or

(c) The provision of pre-employment transition services to eligible students with disabilities receiving such services prior to a determination of eligibility. If a student receiving pre-employment services is found eligible for individualized vocational rehabilitation services and assigned to a closed category, the student may continue to receive pre-employment transition services but may not receive individualized vocational rehabilitation services until the assigned category is re-opened.

D.C. Mun. Regs. r. 29-126

Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); Final Rulemaking published at 68 DCR 12929 (12/10/2021)