Mo. Code Regs. tit. 5 § 20-500.150

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 5 CSR 20-500.150 - Eligibility

PURPOSE: This amendment corrects the name of the service provider to Vocational Rehabilitation, corrects the internal citation, adds language in accordance with federal regulations, removes an outdated practice, and incorporates by reference applicable federal regulations.

PURPOSE: This rule establishes the eligibility requirements for applicants of services through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.42.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Vocational Rehabilitation (VR) may only provide services to an individual who-

(A) Has a diagnosis of disability determined by a qualified professional who is licensed or certified in Missouri or in another state as approved by VR and in accordance with applicable state law and/or regulation;

(B) Has been determined to have a physical or mental impairment that constitutes or results in a substantial impediment to employment, and who can benefit from an employment outcome;

(C) Has been determined by a qualified vocational rehabilitation counselor of VR that the individual requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(D) Is a Missouri resident, though a duration of residency requirement may not be imposed;

(E) Is authorized to work in the United States.

(2) Eligibility for services shall be determined pursuant to the federal act and/or applicable regulations and shall include the following qualifications:

(A) All referrals, applicants, and eligible individuals who meet the required eligibility requirements set by the Missouri Rehabilitation Services for the Blind (MRSB) will be referred to and served by MRSB; and

(B) Individuals who are deaf, late-deafened, or hard of hearing must be evaluated by a certified audiologist or a physician skilled in diseases of the ear. Eligibility criteria for individuals with a hearing loss are based upon standards developed by the American Speech-Language-Hearing Association.

1. The following standards will be considered when determining eligibility:

A. An individual must have a diagnosis at a minimum of a mild to moderate hearing loss in both ears and functional limitations as a result of the hearing loss; and

B. Pure tone average speech receptions, speech discrimination, and decibel loss at frequencies above 2000Hz.

(3)34 CFR section 361.42 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in January 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

5 CSR 20-500.150

AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.200. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.150, effective Aug. 16, 2011.

Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014

Amended by Missouri Register July 15, 2024/volume 49, Number 14, effective 8/31/2024.

*Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.