Mo. Code Regs. tit. 5 § 20-500.160
Current through Register Vol. 49, No.12, June 17, 2024
Section 5 CSR 20-500.160 - Order of Selection for ServicesPURPOSE: This rule establishes the order of selection for vocational rehabilitation services if the State Board of Education through the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education cannot provide services to all eligible individuals with disabilities in the State of Missouri pursuant to the Rehabilitation Act of 1973 as amended, 20 USC section 701et. seq., and the Code of Federal Regulations, 34 CFR section 361.36.
(1) The following definitions apply to this rule:(A) Individual with the most significant disability. An individual with a significant disability who is seriously limited in three (3) or more of the following functional areas: (B) Individual with a significant disability. An individual with a disability- 1. Who has a severe physical or mental impairment that seriously limits one (1) or two (2) functional capacities in terms of an employment outcome such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and/or work skills;2. Whose vocational rehabilitation (VR) can be expected to require multiple VR services over an extended period of time; and3. Who has one (1) 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; mental retardation; mental illness; multiple sclerosis; muscular dystrophy; musculo-skeletal disorders; neurological disorders (including stroke or epilepsy); spinal cord conditions (including paraplegia or 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 VR needs to cause comparable substantial functional limitation; or(C) All other eligible individuals with a disability.(2) In the event VR services cannot be provided to all eligible individuals with disabilities in the state of Missouri, VR will implement a statewide order of selection. In accordance with the following priority categories, individuals with the most significant disabilities will be selected first for the provision of VR services. Services shall be provided based upon the eligible individual's placement in one (1) of the following category priorities: (A) Priority Category I-An individual with the most significant disabilities as defined above;(B) Priority Category II-An individual with a significant disability as defined above; or(C) Priority Category III- All other eligible individuals with a disability.(3) An eligible individual will be placed in the appropriate priority category and receive written notification of the assigned priority category. The eligible individual's date of application will be used to determine the order of services within a priority category.(4) An eligible individual will be notified of their right to appeal their category assignment.(5) All funding arrangements for providing services, including any third-party arrangements and awards by VR shall be consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, VR shall renegotiate these funding arrangements so that they are consistent with the order of selection.(6) Eligible individuals who are in a priority category that is not open, shall be provided accurate VR information and guidance (including counseling and referral for job placement) using appropriate modes of communication to assist them in preparing for, securing, retaining, or regaining employment. These individuals will also be referred to other appropriate federal and state programs, including the statewide workforce investment career centers.(7) Individuals being referred to appropriate programs, as mentioned above, shall be provided the following: (A) A notice of the referral to the agency carrying out the program;(B) Information identifying a specific point of contact within the agency to which the individual is being referred; and(C) Information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain or regain employment.(8) An eligible individual's placement in a priority category may be changed under justifiable circumstances.(9) Rationale for placement will appear in the individual's case file.(10) The order of selection shall in no way affect the provision or authorization of diagnostic and evaluation services needed to determine eligibility.(11) Services authorized or provided to any eligible individual shall not be disrupted as a result of an order of selection or the closing of a priority category.(12) Order of selection priority categories do not apply to post-employment services.(13) The order of selection shall in no way affect eligible individual's access to services provided through VR's information and referral system. AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-4.300. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Moved to 5 CSR 20-500.160, effective Aug. 16, 2011. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014*Original authority: 161.092, RSMo 1963, amended 1973, 2002; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.