Or. Admin. Code § 582-100-0011

Current through Register Vol. 63, No. 11, November 1, 2024
Section 582-100-0011 - Provision of Services under an Order of Selection
(1) Provision of Services Outside of Priority Categories. On and after the effective date of the order of selection and regardless of an individual's assignment to a priority category, the Program shall:
(a) Continue to provide to an eligible individual all needed services, listed in their individualized plan for employment (IPE), if that individual started receiving IPE services prior to the effective date of the order of selection;
(b) Continue to provide pre-employment transition services to a student or a youth with a disability if that student or youth started receiving services prior to being determined eligible for Program services;
(c) Provide an eligible individual with specific services or equipment necessary to maintain their current employment pursuant to OAR 582-100-0020; and
(d) Provide an applicant with assessment services that are necessary to determine Program eligibility and priority category;
(e) Provide career counseling and information and referral services to an eligible individual employed in subminimum wage employment, as described in OAR 582-115-0010; and
(f) Provide an eligible individual, who is not receiving services under the order of selection, with information and referral services.
(2) Priority Categories.On and after the effective date of the order of selection, the Program shall only provide services, within available funding and in the following order of priority, based on the individual's date of application:
(a) All persons assigned to priority category one, in the order of the eligible individual's date of application; and then,
(b) All persons assigned to priority category two, in the order of the eligible individual's date of application; and then,
(c) All persons assigned to priority category three, in the order of the eligible individual's date of application.
(3) An eligible individual's date of application is the date that the Program receives their completed application, as provided in OAR 582-050-0000(4). If an eligible individual has had their eligibility terminated for a period of time, applied again and been determined to be eligible, the individual's most recent date of application shall determine their priority for service under section (2) of this rule.

Note that this rule would not apply if the individual challenges the termination in a hearing and the case is ordered reopened. In such a case, the individual would resume their current priority position.

(4) Students or Youths with Disabilities: Except as provided in subsection (1)(b) of this rule, the order of selection rules applies to pre-employment transition services provided to eligible students or youths with disabilities.
(a) For an eligible student or youth with a disability, who has been determined eligible for Program services and who will be served under the order of selection, the Program shall request the development and approval of an IPE before the student or youth leaves the school setting.
(b) For an eligible student or youth with a disability, who has been determined eligible for Program services and who will not receive services under the order of selection, the Program may provide the student or youth with general transition services, benefiting a group of students with disabilities, to ensure the continuation of beneficial services. However, the Program shall not provide pre-employment transition services to them.
(5) The Program shall keep track of the number of eligible individuals who could not receive services under the order of selection but did receive information and referral services. The Program shall develop an annual report with estimates of the number of individuals in the state eligible for services, the number of eligible individuals to be served under each priority category, the number of eligible individuals who are not receiving services due to the order of selection, and the service costs for each priority category.

Or. Admin. Code § 582-100-0011

VRS 5-2020, adopt filed 06/01/2020, effective 6/8/2020

Statutory/Other Authority: ORS 344.530 & 344.570

Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730