Mo. Code Regs. tit. 5 § 20-500.250

Current through Register Vol. 49, No.12, June 17, 2024

Section 5 CSR 20-500.250 - Training

PURPOSE: This amendment reflects the name change from the Division of Vocational Rehabilitation to Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services; clarifies how federal aid is applied to services; removes the certification of eligible individuals for Sheltered Workshop employment per the Workforce Innovation and Opportunity Act; and incorporates by reference applicable federal regulations.

PURPOSE: This rule establishes the standards for training services provided by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education for eligible individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.48(b)(6).

PUBLISHER'S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) The following training services as defined in the federal act and/or applicable regulations and 5 CSR 20-500.370 may be provided to eligible individuals based upon financial need:

(A) College, vocational, or proprietary training at an accredited institution may be provided to assist eligible individuals in reaching objectives that are within the scope of their functional limitations, interests, aptitudes, and abilities.

1. Eligible individuals must be enrolled in and satisfactorily complete courses that constitute a normal course load for full-time students unless circumstances, as approved by Vocational Rehabilitation (VR), indicate a need for a reduced course load.

2. Colleges, universities, vocational, or proprietary schools must comply with the provisions found in 5 CSR 20-500.370.

3. For eligible individuals enrolled in college, the cost of education will be calculated as follows:

A. For eligible individuals with fewer than sixty (60) college credits who are enrolled in a Missouri tax-supported two (2) year college, the cost of tuition and fees will be calculated at the actual cost of that institution;

B. For eligible individuals with fewer than sixty (60) college credit hours who are enrolled in a Missouri tax-supported four- (4-) year college, a private college, or an out-of-state college, the cost of tuition and fees will be calculated at the cost of the nearest Missouri tax-supported two- (2-) year community college within forty-five (45) miles of the eligible individuals' permanent domiciles; or

C. For eligible individuals with fewer than sixty (60) college credit hours without a two- (2-) year college within forty-five (45) miles of the eligible individuals' permanent domiciles, the cost of tuition and fees will be calculated at the VR-established tuition rate, or the actual cost of the institution, whichever is less. The VR-established tuition rate is calculated using the University of Missouri-Columbia's per credit hour, student activity, and technology fees for the current academic year.

4. For eligible individuals with sixty (60) or more college credit hours enrolled in a Missouri tax-supported four- (4-) year college, the cost of tuition and fees will be calculated at the actual cost of that institution.

5. For eligible individuals with sixty (60) or more college credit hours enrolled in a private college or out-of-state college, the cost of tuition and fees will be calculated at the VR-established tuition rate or the actual cost of that institution, whichever is less.

6. For eligible individuals enrolled in proprietary degree or certificate programs in Missouri, the cost of the training is based upon the nearest Missouri tax-supported two- (2-) year college within forty-five (45) miles of the eligible individuals' permanent domiciles, the VR-established tuition rate or actual cost of training, whichever is less.

7. All primary rehabilitation services (e.g., tuition and fees) and secondary rehabilitation services (e.g., maintenance, transportation, books, and supplies), which are determined to be necessary for the eligible individual to attend training, will be provided in the most cost-effective manner. The following are exceptions:

A. The specific job objective, which the eligible individual is seeking, is not available at the nearest Missouri tax-supported two- (2-) or four- (4-) year college; and/or

B. The nearest Missouri tax-supported two- (2-) or four-(4-) year college does not provide appropriate services for the eligible individual's disability-related needs.

8. Any change in the Individualized Plan for Employment's vocational goals, service, or vendor involving college, vocational, or proprietary training must be agreed to and signed by the eligible individual and approved by VR.

9. The eligible individual is responsible for the cost of the tuition and/or required textbooks when a credit or refund has been obtained or courses are dropped, withdrawn, and/or retaken due to poor grades, unless the eligible individual's reason for withdrawing, dropping, and/or failing a course is disability-related.

10. The eligible individual and/or parents must complete VR's Financial Application. The eligible individual and/or parents must apply for all applicable federal grants in the Free Application for Federal Student Aid (FAFSA) and any available financial aid. If an eligible individual is awarded any taxbased federal or state grant(s), the grant(s) will be used to reduce VR's participation in the educational costs. Merit-based grants and scholarships can be used to reduce the eligible individual's participation in the educational costs. Grants, scholarships, and VR funding cannot exceed the cost of education at that institution.

A. If the eligible individual participates in a work-study program or obtains student loans, money received from either may be used for educational costs not covered by VR.

11. The eligible individual is responsible for the cost of tuition, books, and supplies for elective courses that do not specifically apply to the eligible individual's degree or program.

12. The eligible individual must acquire and maintain at least a minimum grade point average of 2.0 (based on a 4.0 point scale) or a 3.0 (based on a 5.0 point scale).

13. The eligible individual shall provide a grade report after each semester, quarter, trimester, etc., to VR that documents hours taken, hours completed, grades for each course, and grade point average;

(B) Tutorial training by VR-approved tutors may be authorized for eligible individuals needing training not offered by any other method.

1. The tutor must have the necessary qualifications to teach the required skills and sufficient time to devote to the selected course.

2. The tutor must be willing to make arrangements for time and place of instruction which will be convenient for the eligible individual and satisfactory to the conditions under which the client must live and train.

3. VR will authorize reasonable tuition for tutorial training and ensure that the objective of the training is commensurate with the cost; and/or

(C) Books, training materials, tools, equipment, and/or initial stock may be purchased for an eligible individual when said materials are required for an eligible individual to successfully participate in training or job placement.

(2) The following training services as defined in the federal act and/or applicable regulations and 5 CSR 20-500.370 may be provided to eligible individuals regardless of financial need: on-the-job training fees, apprenticeship training fees, basic academic remedial or literacy training, job readiness training, disability-related skills training, customized training, and work-based learning experiences.

(3)34 CFR section 361.48(b)(6) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in April 2022. 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 20-500.250

AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-5.440. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Amended: Filed March 27, 2003, effective Oct. 30, 2003. Moved to 5 CSR 20-500.250, effective Aug. 16, 2011.

Amended by Missouri Register November 1, 2022/Volume 47, Number 21, effective 12/31/2022

*Original authority: 161.092, RSMo 1963, amended 1973, 2002; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.