D.C. Mun. Regs. tit. 29, r. 29-199

Current through Register 71, No. 45, November 7, 2024

Rule 29-199 - DEFINITIONS

199.1

For purposes of this chapter, the following terms and phrases shall have the meanings ascribed below:

Act - the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701 et seq.).

Administrative, Counseling, and Placement costs reimbursement - financial reimbursement that the Social Security Administration pays to the state vocational rehabilitation agency based on cost formulas unique to each state vocational rehabilitation agency and its fiscal year Administrative, Counseling, and Placement costs. Administrative, Counseling, and Placement costs include RSA's administrative and indirect costs while services are being provided, and do not include the cost of purchased services.

Applicant - a person who submits an application for vocational rehabilitation services in accordance with 34 C.F.R. § 361.41(b)(2).

Appropriate modes of communication - specialized aids and supports that enable a person 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, Braille and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

Assistive technology device - any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a person with a disability.

Auxiliary aids and services includes -

(1) Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to persons with hearing impairments;

(2) Qualified readers, taped texts, audio recordings, brailed materials, large print materials, or other effective methods of making visually delivered materials available to persons with visual impairments;

(3) Acquisition or modification of equipment or devices; and

(4) Other similar services and actions.

Benefit Employment Management Report - a report detailing the desired employment outcome of the person with a disability, the steps needed to achieve that outcome, and the person responsible for the completion of each step. The Benefit Employment Management Report shall also report on the monthly wage of the person with a disability, the monitoring of the person, any communication with the Social Security Administration regarding the person, overpayments, medical reviews, and other details.

Benefits Planning Report - a report signed by the provider discussing in-depth research, analysis, and technical assistance about Social Security Income benefits, Social Security Disability Insurance benefits and other public programs and work incentives, which are in alignment with the unique circumstances and work goals of the person with a disability.

Benefits Summary and Analysis Report for Life Changing Events - a report signed by the Community Work Incentives Coordinator for a person with a disability, which summarizes the current Social Security benefits the person with a disability receives, analyzes how employment may affect the person's benefits, lists issues with benefits unrelated to employment, and lists employment services and supports the person may need. A Life Changing Event shall have a meaning consistent with 20 C.F.R. § 418.1205.

Blind Work Expense request form submission and approval - the submission of a Blind Work Expense request form to the Social Security Administration, which is documented in the Benefit Employment Management Report and submitted by a person who receives Supplemental Security Income benefits and who is blind, and approval of that submission by the Social Security Administration. The request form shall include information about the necessary work expenses of the person, accompanies wage reports to the Social Security Administration, and includes receipts and proof of wages, or self-employment tax returns. Blind Work Expense shall have a meaning consistent with 20 C.F.R. § 418.3325.

C.F.R. - the Code of Federal Regulations.

Client or Consumer - an applicant who has who has satisfied the eligibility requirements under 34 C.F.R. § 361.42(a) (1), (a) (3) or 34 C.F.R. § 361.42 (b).

Client Assistance Program or CAP - the program established pursuant to 29 U.S.C. § 732 for the purpose of advising, informing, assisting and advocating for applicants and eligible persons regarding all services and benefits available pursuant to this chapter.

Comparable services and benefits - are:

(a) Services and benefits that are:

(1) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;

(2) Available to the person at the time needed to ensure the progress of the person toward achieving the employment outcome in the person's individualized plan for employment in accordance with section 111; and

(3) Commensurate to the services that the person would otherwise receive from the Rehabilitation Services Administration.

(b) For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.

Competitive employment - work that is:

(a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

(b) For which a person 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 persons who do not have a disability.

Competitive Integrated Employment - work that:

(a) Is performed on a full-time or part-time basis (including self-employment) and for which a person is compensated at a rate that:

(1) Shall not be less than the higher of the rate specified in Section 6(a)(1) of the Fair Labor Standards Act of 1938 or the rate required under the applicable State or local minimum wage law for the place of employment;

(2) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills;

(3) In the case of a person who is self-employed, yields an income that is comparable to the income received by other persons who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(4) Is eligible for the level of benefits provided to other employees; and

(b) Is at a location-

(1) Typically found in the community; and

(2) Where the employee with a disability interacts with other person who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and

(c) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

Customized Employment - competitive integrated employment for a person with a significant disability. Customized Employment is driven by an absolutely individualized determination of the strengths, needs, and interests of the person, rather than by the labor market, is designed to meet the specific and unique abilities of the person and the unmet business needs of the employer, and is carried out through flexible strategies. It may include a job exploration by the person and working with an employer to facilitate job placement in instances when there are no job positions open. Customized Employment includes tailoring the job for the person prior to the beginning of work, rather than after hire.

Determination - an official written decision made or an action taken by a representative of the District of Columbia, Department on Disability Services, Rehabilitation Services Administration, affecting eligibility or the provision of services.

Discovery Assessment - an intensive person-centered assessment conducted in a person's natural environment by the person's support team, which discovers the person's interests, talents, skills and knowledge, learning styles, positive personality traits, temperaments in different settings, experiences, support systems, needs and specific challenges, accommodation requirements for different settings and activities, and dislikes, which all serve as a guide for customizing employment. Through a Discovery Assessment, a picture of what activities the person does successfully emerges, and potential vocational themes are uncovered.

Due Process Remedies - the collective name for the rights/procedures outlined in Chapter 1 of this Title.

Eligible Person - an applicant for vocational rehabilitation services who meets the eligibility requirements of subsection 103.1.

Employment outcome - with respect to an individual, entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment, as defined above (including customized employment, self-employment, telecommuting, or business ownership), or supported employment, that is consistent with a person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Expedited Reinstatement request submission - the submission of a request to the Social Security Administration made by a person with a disability who was receiving Social Security Disability Insurance benefits or Supplemental Security Income benefits, became disqualified for continued benefits because of earnings from work, and then again became unable to work because of the disability. The request may be made through a letter or telephone call to the Social Security Administration to schedule an appointment. A Certified Benefits Specialist employed by the Department on Disability Services, Rehabilitation Services Administration may assist the person in gathering relevant information and making the request. Expedited Reinstatement shall have a meaning consistent with 20 C.F.R. § 404.1592b.

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 (29 U.S.C § 214(c)) .

Extended services - ongoing support services and other appropriate services that are:

(a) Needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment;

(b) Organized or made available, singly or in combination, in a such a way as to assist an eligible person in maintaining supported employment;

(c) Based on the needs of an eligible person, as specified in an individualized plan for employment;

(d) Provided by a State agency, private nonprofit organization, employer, or any other appropriate resource, after a person has made the transition from support from the Rehabilitation Services Administration; and

(e) Provided to a youth with a most significant disability by the Rehabilitation Services Administration in accordance with the requirements set forth in this section and 34 C.F.R. § 363 for a period not to exceed four (4) years, or at such time that a youth reaches age twenty-five (25) and no longer meets the definition of a youth with a disability, whichever occurs first. The Rehabilitation Services Administration may not provide extended services to an individual with a most significant disability who is not a youth with a most significant disability.

Extreme medical risk - a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.

Fair Labor Standards Act - the United States Fair Labor Standards Act of 1938, as amended, and codified at 29 U.S.C. §§ 201 et seq.

Family member (for purposes of receiving vocational rehabilitation services in accordance with subsection 113.2(i)) - a person:

(a) Who either:

(1) Is a relative or guardian of an applicant or eligible person; or

(2) Lives in the same household as an applicant or eligible person;

(b) Who has a substantial interest in the well-being of that person; and

(c) Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible person to achieve an employment outcome.

Good cause - a substantial reason, a legitimate justification for acting or failing to act.

Impairment-Related Work Expense request form submission and approval - the submission of an Impairment-Related Work Expense request form to the Social Security Administration, which is documented in the Benefit Employment Management Report and submitted by a person with a disability other than blindness if that person also receives Supplemental Security Income benefits, and approval of that submission by the Social Security Administration. The request form shall include information about the necessary work expenses of the person, accompanies wage reports to the Social Security Administration, and includes receipts and proof of wages, or self-employment tax returns. Impairment-Related Work Expense shall have a meaning consistent with 20 C.F.R. § 404.1576.

Independent Living Plan (ILP) - a plan that describes the established goals or objectives, the services to be provided and the anticipated duration of the services program necessary to enable an individual with a significant disability to become self-sufficient.

Individual with a disability (except as defined in the subsection that immediately follows) - is a person:

(a) Who has a physical or mental impairment;

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

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

Individual with a disability for purposes of 34 C.F.R §§ 361.5(c)(13), 361.13(a), 361.13(b)(1), 361.17(a), (b), (c), and (j), 361.18(b), 361.19, 361.20, 361.23(b)(2), 361.29(a) and (d)(8), and 361.51(b) - means a person who:

(a) Has a physical or mental impairment that substantially limits one or more major life activities;

(b) Has a record of a physical or mental impairment that substantially limits one or more major life activities; or

(c) Is regarded as having an impairment that limits one or more major life activities.

Individual with a most significant disability - a person:

(a) 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, is provided priority vocational rehabilitation services;

(b) 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);

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

(d) Who also satisfies the definition of "an individual with a disability" as defined in this subsection.

Individual with a non-significant disability - a person:

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

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

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

Individual with a significant disability - a person with a disability:

(a) 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;

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

(c) 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.

Individualized Education Plan (IEP) - a written plan developed, reviewed, and revised in accordance with section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. § 1414(d)) that specifies the special education programs and services to be provided to a child with a disability.

Individualized Plan for Employment (IPE) - a plan prepared pursuant to sections 110 and 111 of this chapter.

Informal administrative review meeting is an optional first step informal nonbinding, non-adversarial process that the Department on Disability Services/Rehabilitation Services Administration offers to persons to resolve disputes about any determination concerning the furnishing or denial of vocational rehabilitation services. The applicant/client meets with the State Director of the Rehabilitation Services Administration or his or her designee to attempt resolution through interviews, negotiation, and document review.

Initial Placement Report - a report equivalent in content to the Placement Information Report except that the Initial Placement Report is only for people receiving Supported Employment services.

Intake and Summary Assessment Report - a report synthesizing the findings of the intake interview and review of assessments, which includes a baseline functional evaluation and forms the basis for developing the PersonCentered Employment Plan.

Integrated setting -

(a) With respect to the provision of services, means a setting typically found in the community in which applicants or eligible persons interact with non-disabled persons other than non-disabled persons who are providing services to those applicants or eligible persons;

(b) With respect to an employment outcome, means a setting typically found in the community in which the employee with a disability interacts, for the purpose of performing the duties of the position, with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, other persons (e.g., customers and vendors) who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons.

Job Coaching - on-the-job training of a person with a disability by an approved specialist, who uses structured intervention techniques to help the person learn to perform job tasks to the employer's specifications and to learn the interpersonal skills necessary to be accepted as a worker at the job site and in related community contacts. Job coaching also includes related assessment, job development, counseling, advocacy, travel training and other services needed to maintain the employment for the person.

Job Development - job search activities to support and assist a person with a disability in searching for an appropriate job, which may include helping in resume preparation, identifying appropriate job opportunities, developing interview skills, and making contacts with companies on behalf of the person.

Job Development Progress Report - a monthly report detailing the activities during the job development and/or customized employment job search phase and describing how the participation of the jobseeker and the efforts of the job developer or employment specialist contribute towards the jobseeker's achievement of the employment outcome. The Job Development Progress Report identifies issues and next steps, is submitted along with an attendance sign-in sheet called a Job Search Service Log, and is submitted monthly until the person is placed in a job successfully. A provider shall submit no more than three Job Development Progress Reports.

Job Placement - employment-related services (in a setting outside of supported employment) that are necessary to obtain suitable competitive integrated employment and that are offered by providers to people with disabilities. Job Placement services include Intake and Assessment, Job Development and Placement services.

Job Readiness Training - training for a person with a disability by a provider in the development of work-related skills. This training, which is provided on an individual or group basis, includes components that enable the person to successfully develop the capacities for achieving and maintaining employment, such as travel, work behaviors, social skills in the work setting, effective communication, accepting supervision, problem solving, grooming and hygiene, goal setting and work tolerance. Other areas that may also be addressed include work-related daily living skills, disability awareness, work traits, and work ethics.

Job Stabilization Closure Report - a report regarding a person who receives Job Placement services, which incorporates the elements of the Job Stabilization Progress Report with the addition of closure elements for consideration, such as requested accommodations that were negotiated and established, integration of natural supports, and development of a plan to achieve Competitive Integrated Employment in the event that the job placement yields less than the Washington, D.C. minimum wage.

Job Stabilization Progress Report - a report regarding a person who receives Job Placement services, which documents employment information about the person with a disability, including his or her knowledge and performance of the essential tasks of the job, the person's attendance and punctuality, the person's social adjustment in the workplace, the employer's satisfaction with the person's job performance, and the person's satisfaction with the job and ongoing support services.

Maintenance - monetary support provided to person for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the person and that are necessitated by the person's participation in an assessment for determining eligibility and vocational rehabilitation needs or the person's receipt of vocational rehabilitation services under an individualized plan for employment.

Mediation - a process of assisted, informal negotiation, which uses a neutral third party, the mediator, to aid the parties in exploring the possibility of settlement. No party may be compelled to accept a settlement or other resolution of the dispute in mediation.

Natural Supports - supports that are typically available to all workers in the workplace. Workplace supports may include, but are not limited to, such things as a coworker mentor who assists an employee in learning the job, a supervisor who monitors work performance, a co-worker who assists the client in developing social relationships, orientation training or other company sponsored training events, an employee assistance program and other supports that may be available.

One-Stop Center or One-Stop service delivery system - a service delivery system that is structured pursuant to Title I of the Workforce Investment and Opportunity Act of 2014, in accordance with 34 C.F.R. §§ 361.300261.900.

Person-Centered - A framework for identifying and implementing vocational supports and services in the context of personal goals, preferences, community and family roles, financial resources, and other areas important to the person to maximize independence and self-direction of services.

Person-Centered Employment Plan - a written program of action developed and reviewed by the Human Care Agreement provider at regular intervals with the participation of the person with a disability. The Person-Centered Employment Plan outlines the person's goals and describes the services that will be provided to accomplish employment goals, which include fading support services for Supported Employment and stabilization services for Job Placement. The Person-Centered Employment Plan is submitted along with the Intake and Summary Assessment Report.

Person with a disability - a term that shall have a meaning equivalent to "individual with a disability," as defined by 29 U.S.C. § 705(20).

Person's representative - any representative chosen by an applicant or eligible person, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the person, in which case the court-appointed representative is the person's representative.

Personal assistance services - a range of services provided by one (1) or more persons designed to assist a person with a disability to perform daily living activities on or off the job that the person would typically perform without assistance if the person did not have a disability. The services shall be designed to increase the person's control in life and ability to perform everyday activities on or off the job. The services shall be necessary to the achievement of an employment outcome and may be provided only while the person is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.

Physical or mental impairment -

(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Physical or 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 and 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, occupation and speech and 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 persons with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and other medical or medically related rehabilitation services.

Placement Information Report - in a setting outside of supported employment, a report documenting relevant employment information for a person with a disability, including his or her job title, start date, employer name and address, supervisor name and contact information, work hours and salary rate along with the job description, benefits, anticipated needs, and a guarantee that the job placement is Competitive Integrated Employment. The Placement Information Report is submitted along with an employment verification document within two business days of when job placement information has been obtained and preferably before the job's start date.

Plan for Achieving Self Support request form approval - approval given by the Social Security Administration for a person's Plan for Achieving Self Support request. A Plan for Achieving Self Support shall have a meaning consistent with 20 C.F.R. §§ 416.1180-416.1182.

Plan for Achieving Self Support request form submission - the submission of a Plan to Achieve Self-Support request form, which is made by a person with a disability to the Social Security Administration. The request form shall discuss the work goal of the person with a disability, the person's medical, vocational, or educational background, details about the Plan to Achieve Self Support, the person's expenses, funding for the work goal, information about anyone who helped the person prepare the Plan, and other details. A Plan for Achieving Self Support shall have a meaning consistent with 20 C.F.R. §§ 416.1180-416.1182.

Positive Personal Profile - a record or documentation of a Discovery Assessment identifying a person's interests, talents, skills and knowledge, learning styles, positive personality traits, temperaments in different settings, experiences, support systems, needs and specific challenges, accommodation requirements for different settings and activities, and dislikes, which all serve as a guide for customizing employment.

Post-employment services - one (1) or more of the services identified in section 113 of this chapter that are provided subsequent to the achievement of an employment outcome and that are necessary for a person to maintain, regain, or advance in employment, consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Note: Post-employment services are intended to ensure that the employment outcome remains consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. 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 individualized plan for employment; 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 a person to maintain employment, e.g., the person's employment is jeopardized because of conflicts with supervisors or coworkers, and the person needs mental health services and counseling to maintain the employment, or the person requires assistive technology to maintain the employment; to regain employment, e.g., the person'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 person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Post-secondary education - community/junior colleges, proprietary/private career schools, technical institutes, hospital schools of nursing, colleges, universities, and other post-secondary training.

Pre-employment transition services - the required activities and authorized activities specified in subsections 113.1(b) and (c) of this chapter.

Rehabilitation Services Administration - the Administration within the D.C. Department on Disability Services established to provide comprehensive, coordinated, efficient, and accountable federally subsidized services to individuals with disabilities, including individuals with significant disabilities, to assist those individuals in achieving gainful employment in accordance with the requirements of the Rehabilitation Act of 1973, as amended.

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.

State - any of the 50 United States of America, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

State Director - the Deputy Director of the D.C. Rehabilitation Services Administration.

Statewide workforce development system - a workforce development system as defined in Section 3(67) of the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. § 3102) .

State Rehabilitation Council - the council established within the District of Columbia pursuant to 34 C.F.R. §§ 361.16 and 17 for the purpose of assisting the Rehabilitation Services Administration with the development, implementation, and revision of policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services.

Student Earned Income Exclusion request submission and approval - the submission of a Student Earned Income Exclusion request to the Social Security Administration made by a person with a disability, and the approval of that submission by the Social Security Administration. The request may be made by noting, in writing, the person's student status when reporting a job and, in facilitating approval from the Social Security Administration, the person may provide proof of student status including but not limited to school grades, school enrollment, and class schedules. Student Earned Income Exclusion shall have a meaning consistent with 20 C.F.R. §§ 416.1870-416.1874.

Student with a disability - a person with a disability in a secondary, postsecondary, or other recognized educational program who is not younger than the earliest age for the provision of transition services in the District and is not older than twenty-one (21), who is eligible for, and receiving, special education or related services under Part B of the Individuals with Disabilities Education Act, or who is a person with a disability, for purposes of Section 504 of the Rehabilitation Act of 1973.

Substantial Gainful Activity - a level of work activity and earnings that shall have a meaning consistent with 20 C.F.R. §§ 404.1510 and 404.1571404.1576.

Substantial impediment to employment - that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders a person from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the person's abilities and capabilities.

Support Service Provider - a group of specially trained professionals who enable people who have combined vision and hearing losses to access their environments and make informed decisions, providing them with visual and environmental information, sighted guide services, and communication accessibility.

Supported employment -

(a) Competitive integrated employment, including customized employment, or employment in an integrated work setting, in which an individual with a most significant disability, including a youth with a most significant disability, is working on a short-term basis toward competitive integrated employment, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including with ongoing support services for individuals with the most significant disabilities:

(1) For whom competitive integrated employment has not historically occurred, or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and

(2) Who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after the transition from support provided to perform this work; or

Supported employment services - ongoing support services, including customized employment, and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment that are:

(a) Organized and made available, singly or in combination, in such a way as to assist an eligible person to achieve competitive integrated employment;

(b) Based on a determination of the needs of an eligible person, as specified in an individualized plan for employment;

(c) For a period of time not to exceed twenty-four (24) months, unless under special circumstances the eligible person and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and

(d) 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.

Transition services - a coordinated set of activities for a student or youth with a disability designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, competitive integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's or youth's needs, taking into account the student's or youth's preferences and interests, and shall 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 shall promote or facilitate the achievement of the employment outcome identified in the student's individualized plan for employment. Transition services include outreach to and engagement of the parents, or, as appropriate, the representative of the student or youth with a disability.

Transitional employment (as used in the definition of "supported 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 shall include continuing sequential job placements until job permanency is achieved.

Transportation - travel and related expenses that are necessary to enable an applicant or recipient of services to participate in a vocational rehabilitation service or assessment, including expenses for training in the use of public transportation, vehicles and systems.

Trial Work - exploration of different work experiences with necessary and appropriate supports for a person with a disability consistent with informed choice, including supported employment, that will provide a vocational rehabilitation specialist an assessment of a person's strengths, abilities, challenges, and work behavior from a realistic work situation; and to determine the services needed to remove barriers to employment, for example, for the person to acquire occupational skills and develop work attitudes, appropriate work habits, work tolerance, and social and behavior patterns necessary for successful job performance. The trial work period shall also provide sufficient information for the vocational rehabilitation specialist to make a decision about whether an applicant for vocational rehabilitation services can benefit from vocational rehabilitation services to reach an employment outcome. Trial Work shall have a meaning consistent with 34 C.F.R. §§ 361.5(b)(6)(iv), 361.42(e), 361.47(a)(5), and 361.54(b)(1).

U.S.C. - United States Code.

Vocational Rehabilitation services - those services listed within subsections 113.1 and 113.2 of this chapter that are necessary to determine an applicant's eligibility or that are necessary for an eligible person to prepare for, secure, retain, or regain employment consistent with the person's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Washington D.C. Metropolitan Area - for purposes of receiving services under this Chapter, the Washington D.C. Metropolitan Area is defined as areas in the District of Columbia, Maryland and Virginia accessible by public transportation, including cities accessible by the Washington Metropolitan Area Transit Authority (Metro), Maryland Area Regional Commuter (MARC), and the Virginia Railway Express (VRE).

Workforce Innovation and Opportunity Act (WIOA) - Title IV of the Workforce Innovation and Opportunity Act of 2014, which repeals and supersedes the Workforce Investment Act of 1998 and amends the Rehabilitation Act of 1973, and is codified generally at 29 U.S.C. §§ 3101et seq.

Workforce Investment Act - Title I of the Workforce Investment Act of 1998, which is codified generally at 29 U.S.C. §§ 2801et seq.

Youth with a disability - a person with a disability who is not younger than fourteen (14) years of age or older than twenty-four (24) years of age.

D.C. Mun. Regs. tit. 29, r. 29-199

Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as Final Rulemaking published at 54 DCR 6020(June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4619 (May 28, 2010); as Amended by Final Rulemaking published at 61 DCR 13139 (December 26, 2014); amended by Final Rulemaking published at 62 DCR 11854 (8/28/2015); Final Rulemaking published at 68 DCR 12929 (12/10/2021)

Authority: D.C. Official Code § 7-761.09 (2007 Supp.)