32 Miss. Code. R. 22-4.4

Current through December 10, 2024

Section 32-22-4.4 - REHABILITATION DEFINITIONS

Applicantmeans any person who signs or who, by and through his/her representative, i.e. parent, a family member, legal guardian, an advocate, or an authorized representative, causes to be signed, a dated application or letter requesting vocational rehabilitation services from the Mississippi Department of Rehabilitation Services.

Assistive Technology Device means 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.

(Authority: Section 7(3) of the Act; 29 U.S.C. 705(3))

Assistive Technology Service means 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;

* Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

* Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

* Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and

* Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.

(Authority: Sections 7(4) and 12(c) of the Act; 29 U.S.C. 705(4) and 709(c))

Community Rehabilitation Program means a program that provides directly or facilitates the provision of one or more of the following vocational rehabilitation 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 vocational rehabilitation 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; and

* Services similar to the services described above in this definition.

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 vocational rehabilitation services as one of its major functions.

Comparable Services and Benefits means

I. Services and benefits that are

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

B. Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with Sec. 361.53; and

C. Commensurate to the services that the individual would otherwise receive from the designated State vocational rehabilitation agency.

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

Competitive Employment means work---

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

II. 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.

(Authority: Sections 7(11) and 12(c) of the Act; 29 U.S.C. 705(11) and 709(c))

Counseling and Guidance means to give advice, recommend, consult, and assist the consumer in dealing with issues related to adjustment to a disability. It can be --

I. Essential Counseling and Guidance - the mildest form of "advice giving" based on the counselors experience and training. The counselor primarily attempts to make the consumer aware of specific issues concerning services or reminds him/her of things/activities that need to be done regarding not only the services but also various issues surrounding those services. Essential counseling and guidance include subjects relating to the services that a counselor discusses with all consumers.

Example 1: For surgery, it may include a discussion with the consumer concerning following doctors orders, when to return to work, taking medication properly, and what to expect in the hospital.

Example 2: For visual problems, it may include subjects such as eye protection, regular follow-ups for eye care, and general concerns about possibility of further eye loss.

Example 3: For hearing aids, it may include protecting hearing, keeping ear canals clean, caring for aids, and battery requirements.

Example 4: For prosthesis wearers, it may include keeping the stump clean and dry, changing stump socks, and skin protection.

II. Planned Counseling and Guidance - results from the identification of a consumer problem(s) that requires the counselor and consumer to get together at regular intervals to discuss the problems(s) and work on its resolution or progress toward the goals established to resolve the problem. The issues related to adjustment to a disability such as problems with frustration/depression due to loss of functional capacities and changes in lifestyle are most likely the reason used to justify the counseling and guidance along with other problems that could possibly arise as the case progresses. There must be documentation to show that issues discussed, progress and future plans outlined to deal with the issues.

Eligible Individual means an applicant for vocational rehabilitation services who meets the following eligibility requirements:

I.Basic Requirements. The Agency's determination of an applicant's eligibility for vocational rehabilitation services must be based only on the following requirements:

A. A determination by qualified personnel that the applicant has a physical or mental impairment

B. A determination by qualified personnel that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant

C. A determination by a qualified vocational rehabilitation counselor employed by the Agency that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

D. A presumption, in accordance with paragraph (II) of this definition that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

II.Presumption of Benefit. The Agency must presume that an applicant who meets the eligibility requirements in paragraphs (A) and (B) of the Basic requirements above can benefit in terms of an employment outcome unless it demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant's disability.

III.Presumption of Eligibility for Social Security Recipients and Beneficiaries

A. Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act is ---

1. Presumed eligible for vocational rehabilitation services under paragraphs (I) and (II) of this definition; and

2. Considered an individual with a significant disability as defined

B. If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and, therefore, is presumed eligible for vocational rehabilitation services under paragraph (III)(A)(1) of this definition), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, the Agency must verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables the Agency to determine the applicant's eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services.

IV.Achievement of an Employment Outcome. Any eligible individual, including an individual whose eligibility for vocational rehabilitation services is based on the individual being eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, must intend to achieve an employment outcome that is consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

A. The Agency is responsible for informing individuals, through its application process for vocational rehabilitation services that individuals who receive services under the program must intend to achieve an employment outcome.

B. The applicant's completion of the application process for vocational rehabilitation services is sufficient evidence of the individual's intent to achieve an employment outcome, and no additional demonstration on the part of the applicant is required for purposes of satisfying paragraph (IV) of this definition.

V.Interpretation. Nothing in this definition is to be construed to create an entitlement to any vocational rehabilitation service.

(Authority: Sections 7(20) (A) and 102(a) (1) of the Act; 29 U.S.C. 705(20) (A) and 722(a) (1))

Employment Outcome means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market to the greatest extent practicable; supported employment; or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(Authority: Sections 7(11), 12(c), 100(a) (2), and 102(b)(3)(A) of the Act; 29 U.S.C. 705(11), 709(c), 720(a)(2), and 722(b)(3)(A))

Extended employmentmeans 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.

(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c) )

Extended Servicesmeans 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 funds received under Title I (vocational rehabilitation) or Title VI, part B (supported employment), of the Rehabilitation Act as amended after an individual with a most significant disability has made the transition from support provided by the Agency.

(Authority: Sections 7(13) and 623 of the Act; 29 U.S.C. 705(13) and 795 i)

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

(Authority: Sections 12(c) and 101(a)(8)(A)(i)(III) of the Act; 29 U.S.C. 709(c) and 721(a)(8)(A)(i)(III))

Family Member for purposes of receiving vocational rehabilitation services in accordance with Sec. 361.48(i), means an individual---

I. Who either

A. Is a relative or guardian of an applicant or eligible individual; or

B. Lives in the same household as an applicant or eligible individual;

II. Who has a substantial interest in the well-being of that individual; and

III. Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

(Authority: Sections 12(c) and 103(a)(17) of the Act; 29 U.S.C. 709(c) and 723(a)(17))

Impartial Hearing Officer means an individual who ---

I. Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education)

II. Is not a member of the MDRS State Rehabilitation Council

III. Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual

IV. Has knowledge of the delivery of vocational rehabilitation services, the State plan, and the Federal and State regulations governing the provision of services

V. Has received training with respect to the performance of official duties; and

VI. Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual.

An individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer.

(Authority: Section 7(16) of the Act; 29 U.S.C. 705(16) )

Individual Who is Blind means a person who is blind within the meaning of applicable State law.

(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c) )

Individual With A Disability for Vocational Rehabilitation and Supported Employment means an individual ---

I. Who has a physical or mental impairment;

II. Whose impairment constitutes or results in a substantial impediment to employment; and

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

(Authority: Section 7(20)(A) of the Act; 29 U.S.C. 705(20)(A) )

Individual with a Disability for Purposes of Special Disability Programs including independent living means an individual ---

I. Who has a physical or mental impairment that substantially limits one or more major life activities;

II. Who has a record of such an impairment; or

III. Who is regarded as having such impairment.

Individual with A Most Significant Disability: an individual who meets the criteria for "significantly disabled" (Section 7(21) of the 1998 Rehabilitation Act Amendments) and:

I. Whose physical or mental impairments seriously limit two or more functions in terms of employment outcomes, and,

II. Who will require vocational rehabilitation services in order to prepare for, secure, retain, or regain employment that is consistent with that individual's unique strengths, resources, priorities, concerns, abilities, capacities, interests, and informed choice

(Authority: Sections 7(21) (E) (i) and 101(a) (5) (C) of the Act; 29 U.S.C. 705(21) (E) (i) and 721(a) (5) (C))

Individual With A Significant Disability an individual with a disability ---

I. 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;

II. Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

III. Who has one or more physical or mental disabilities or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(Authority: Section 7(21) (A) of the Act; 29 U.S.C. 705(21) (A))

Individual's Representativemeans any representative chosen by an applicant or eligible individual, as appropriate, 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.

(Authority: Sections 7(22) and 12(c) of the Act; 29 U.S.C. 705(22) and 709(c))

Information and Referral Services means referral and other services necessary to assist individuals with disabilities, including eligible individuals who do not meet the agency's order of selection criteria for receiving vocational rehabilitation services when the agency is operating on an order of selection, to secure needed services from other agencies and to advise those individuals about client assistance programs. This includes other components of the statewide workforce investment system.

Integrated Setting means ---

I.With respect to the provision of services, 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;

II.With respect to an employment outcome, 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.

(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c) )

Maintenance means monetary support provided to an 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 vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.

Examples: The following are examples of expenses that would meet the definition of maintenance. The examples are illustrative, do not address all possible circumstances, and are not intended to substitute for individual counselor judgment.

* Example 1: The cost of a uniform or other suitable clothing that is required for an individual's job placement or job-seeking activities.

* Example 2: 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 3: 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 4: The costs of an individual's participation in enrichment activities related to that individual's training program.

(Authority: Sections 12(c) and 103(a) (7) of the Act; 29 U.S.C. 709(c) and 723(a) (7))

Mediation means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies.

(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c) )

Mediator (Qualified And Impartial) means an individual who ---

I. Is not an employee of a public agency (other than an administrative law judge, hearing examiner, employee of a State office of mediators, or employee of an institution of higher education);

II. Is not a member of the MDRS State Rehabilitation Council;

III. Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

IV. Is knowledgeable of the vocational rehabilitation program and the applicable Federal and State laws, regulations, and policies governing the provision of vocational rehabilitation services;

V. Has been trained in effective mediation techniques consistent with any State-approved or -recognized certification, licensing, registration, or other requirements; and

VI. Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual during the mediation proceedings.

An individual serving as a mediator is not considered to be an employee of the Agency for the purposes of this definition solely because the individual is paid by the Agency to serve as a mediator.

(Authority: Sections 12(c) and 102(c) (4) of the Act; 29 U.S.C. 709(c) and 722(c) (4))

Ongoing Support Services as used in the definition of ``Supported employment''

I. Means services that are --

A. Needed to support and maintain an individual with a most significant disability in supported employment;

B. Identified based on a determination by the Agency of the individual's need as specified in an individualized plan for employment; and

C. Furnished by the Agency 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;

II. Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on ---

A. At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or

B. If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice monthly meetings with the individual;

II. 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 worksite;

* Any other service identified in the scope of vocational rehabilitation services for individuals, described in Sec. 361.48; or

* Any service similar to the foregoing services.

(Authority: Sections 7(27) and 12(c) of the Act; 29 U.S.C. 705(27) and 709(c))

Personal Assistance Services means 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 vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.

(Authority: Sections 7(28), 102(b)(3)(B)(i)(I), and 103(a)(9) of the Act; 29 U.S.C. 05(28), 722(b)(3)(B)(i)(I), and 723(a)(9))

Physical and Mental Restoration Services means ---

* 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 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.

(Authority: Sections 12(c) and 103(a)(6) of the Act; 29 U.S.C. 709(c) and 723(a)(6))

Physical or Mental Impairment means ---

I. 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

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

(Authority: Sections 7(20) (A) and 12(c) of the Act; 29 U.S.C. 705(20) (A) and 709(c))

Post-Employment Services means --- one or more of the services identified in Sec. 361.48 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, interests, and informed choice.

Note: Post-employment services are intended to ensure that the employment outcome remains consistent with the individual's 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 services that are more comprehensive 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 in this part 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, interests, and informed choice.

(Authority: Sections 12(c) and 103(a) (18) of the Act; 29 U.S.C. 709(c) ) and 723(a) (18))

Presumption is an assumption of fact that the law requires to be made from another group of facts already established. The 1998 Amendments to the Rehabilitation Act have created several presumptions to streamline the process of determining eligibility.

Rehabilitation Engineering means 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.

(Authority: Section 7(12) (c) of the Act; 29 U.S.C. 709(c) )

Rehabilitation Technology means 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.

(Authority: Section 7(30) of the Act; 29 U.S.C. 705(30) )

Substantial Impediment To Employment means that 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 in an integrated setting that is consistent with the individual's abilities, capabilities, career interests, and informed choice. A substantial impediment to employment exists when the physical or mental impairment results in a functional limitation or limitations that:

1. Require the individual to modify or change his or her regular occupation;

2. Make it difficult for the individual to prepare for, secure, retain, or regain employment;

3. Cause the refusal or reluctance of the former employer to re-employ the individual because of the impairment;

4. Necessitate additional preparation in order to perform the occupation;

5. Result in the deterioration of skills or of performance in the occupation;

6. Could result in termination of employment as the impairment progresses;

7. Reflect a direct relationship between the impairment and the individual's employability; or,

8. Continue to exist when an individual is employed, but prevent that individual from functioning at an occupational level consistent with his/her unique strengths, resources, priorities, concerns, abilities, capacities, interests, and informed choice.

(Authority: Sections 7(20) (A) and 12(c) of the Act; 29 U.S.C. 705(20) (A) and 709(c))

Supported Employment means ---

I. 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 for individuals with the most significant disabilities ---

A. For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and

B. Who, because of the nature and severity of their disabilities, need intensive supported employment services from the Agency and extended services after transition as described to perform this work; or

II. Transitional employment, as defined, for individuals with the most significant disabilities due to mental illness.

(Authority: Section 7(35) of the Act; 29 U.S.C. 705(35) )

Supported Employment Services means 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 the Agency ---

I. 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 to achieve the employment outcome identified in the individualized plan for employment; and

II. 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.

(Authority: Sections 7(36) and 12(c) of the Act; 29 U.S.C. 705(36) and 709(c))

Transition Services means 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 individualized plan for employment.

(Authority: Section 7(37) and 103(a) (15) of the Act; 29 U.S.C. 705(37) and 723(a) (15))

Transitional Employment as used in the definition of "Supported employment" means 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.

(Authority: Sections 7(35) (B) and 12(c) of the Act; 29 U.S.C. 705(35) (B) and 709(c)

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

Examples: 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 1: 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 2: 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.

(Authority: 103(a) (8) of the Act; 29 U.S.C. 723(a) (8))

Vocational Rehabilitation Services as appropriate to the vocational rehabilitation needs of each individual and consistent with each individual's informed choice, the Agency assures that the following vocational rehabilitation services are available to assist the individual with a disability in preparing for, securing, retaining, or regaining an employment outcome in an integrated setting that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice:

* Assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

* Assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

* Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;

* 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 investment system and to advise those individuals about client assistance program;

* Physical and mental restoration services, to the extent that financial support is not readily available from a source other than the Agency (such as through health insurance or a comparable service or benefit);

* Vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this part unless maximum efforts have been made by the Agency and the individual to secure grant assistance in whole or in part from other sources to pay for that training;

* Maintenance, as previously defined;

* Transportation in connection with the rendering of any vocational rehabilitation service and in accordance with the previous definition of that term;

* 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;

* 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;

* Reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind;

* Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

* Supported employment services in accordance with the previous definition;

* Personal assistance services in accordance with the previous definition;

* Post-employment services in accordance with the previous definition;

* Occupational licenses, tools, equipment, initial stocks, and supplies;

* Rehabilitation technology in accordance with the previous definition, including vehicular modification, telecommunications, sensory, and other technological aids and devices;

* Transition services in accordance with the previous definition;

* 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 investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; and

* Other goods and services determined necessary for the individual with a disability to achieve an employment outcome.

32 Miss. Code. R. 22-4.4

Authority: Section 103(a) of the Act; 29 U.S.C. 723(a)