192 Neb. Admin. Code, ch. 1, § 001

Current through September 17, 2024
Section 192-1-001 - General Information
001.01.LAWS AND REGULATIONS. The Nebraska Commission for the Blind and Visually Impaired (NCBVI) operates pursuant to the Rehabilitation Act, found in the United States Code, Title 29, Chapter 16, Section 701 et. seq.; 34 CFR Part 80 and Parts 360 et seq.; Revised Nebraska Statutes71-8601 through 71-8616; and, NCBVI State Plan, filed and updated every four years as part of the Nebraska Combined State Plan with the United States Department of Education/Rehabilitation Services Administration. The Federal and State laws, regulations, and State Plan are incorporated by reference. Copies of all documents are available for viewing at the Lincoln Office of NCBVI.
001.02.ADMINISTRATION. In accordance with Nebraska Revised Statutes, 71-8605, NCBVI is administered under the general supervision and direction of the Director. The Director is employed by NCBVl's governing board, in accordance with established personnel standards and on the basis of the Director's education, training, experience, and demonstrated ability in the field of vocational rehabilitation for the blind. The Director shall, with the approval of the Board, establish and maintain appropriate subordinate administrative units within the program.
001.03.NCBVI POLICIES. Any policies, manuals, or procedures issued by the Director or approved by the Board relating to the internal operation of the Commission for the Blind and Visually Impaired shall apply to all activities performed by the program.
001.04.PURPOSES. The purpose of NCBVI is to operate a comprehensive and coordinated program designed to assist individuals who are blind to gain remunerative employment, enlarge economic opportunities for blind persons, increase the range and diversity of available occupations for blind persons, stimulate other efforts enabling blind persons to become self-supporting, and provide services promoting greater independence for blind persons at home and in the community (Nebraska Revised Statutes, 71-8602).
001.05.SERVICES. NCBVI will provide services with two major areas of emphasis:
001.05A.VOCATIONAL REHABILITATION SERVICES. The program will provide services reasonable and necessary to achieve an employment outcome to eligible individuals who are blind, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice ( 34 CFR 361.48) .
001.05B.INDEPENDENT LIVING services to assist blind individuals whose visual impairment or other disabling condition makes competitive employment extremely difficult to obtain but for whom independent living goals are feasible or for otherwise eligible blind persons for whom competitive employment is not a goal.
001.06.STAFF RESPONSIBILITIES. NCBVI staff members are responsible for all decisions concerning the eligibility for services; the nature and scope of available services; the provision of services; the determination that a recipient has achieved an employment or independent living outcome consistent with his or her personal strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and, the allocation and expenditure of NCBVI funds. These responsibilities may not be delegated to any other organization or individual.
001.07.INDIVIDUAL RESPONSIBILITIES. Individuals participating in the vocational rehabilitation or independent living program as either an applicant or a recipient have the following responsibilities:
001.07A. To maximize the prospect for a successful service outcome resulting from the provision of vocational rehabilitation or independent living services consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choices;
001.07B. To cooperate, which includes keeping scheduled appointments on time, following medical and other professional advice including advice provided by NCBVI staff, and completing all assignments and other tasks on time;
001.07C. To assume primary responsibility for identifying their employment outcomes, planning their vocational rehabilitation services, and carrying out their individualized plans for employment, or independent living;
001.07D. To help pay for the costs of services received by seeking out, applying for, and using any comparable services and benefits for which they are eligible;
001.07E. To maintain regular contact with NCBVI staff regarding case progression, including to promptly inform NCBVI staff of changes in their personal and financial circumstances, and of problems encountered with services or service providers.
001.08.FAILURE TO COMPLY WITH RESPONSIBILITIES. Failure of an applicant or recipient to comply with any of these responsibilities may result in the termination of vocational rehabilitation or independent living services.
001.09.CONFIDENTIALITY. Personal information relating to applicants and recipients will be kept confidential according to applicable federal law, state law, and related regulations,

192 Neb. Admin. Code, ch. 1, § 001

Amended effective 7/2/2019