92 Neb. Admin. Code, ch. 72, § 001
Laws and Regulations. The Nebraska Vocational Rehabilitation Program operates pursuant to the Rehabilitation Act, found in the United States Code, Title 29, Section 701 et. seq.; federal regulations found in the Code of Federal Regulations, Chapter 34, Part 80 and Parts 360 et. seq.; Revised Nebraska Statutes § 79-11,121 et. seq.; and, the Nebraska Vocational Rehabilitation State Plan which is filed and updated annually with the United States Department of Education.
The program is administered under the general supervision and direction of the Commissioner of Education. The Director is appointed by the Commissioner, with the approval of the State Board of Education, 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. The Director shall, with the approval of the Commissioner, establish and maintain appropriate subordinate administrative units within the program.
Any policies, manuals, or procedures issued by the Commissioner of Education or approved by the State Board of Education relating to the internal operation of the State Department of Education shall apply to all activities performed by the program.
The purpose of the program is to operate a comprehensive and coordinated program designed to provide individuals with disabilities with vocational rehabilitation services which will increase their productivity and employment opportunities, increase their ability to achieve independent living, and maximize their community inclusion and integration so they may prepare for and engage in gainful employment.
Services, Goods, and Supports. The program will provide services reasonable and necessary to achieve an employment outcome to eligible individuals with disabilities consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
The Program is responsible for all decisions concerning the eligibility for vocational rehabilitation services; the nature and scope of available vocational rehabilitation services; the provision of rehabilitation services; the determination that a recipient has achieved an employment outcome commensurate with his or her unique strengths, resources priorities, concerns, abilities, capabilities, interests and informed choice; and, the allocation and expenditure of program funds. These responsibilities may not be delegated to any other organization or individual.
Individuals participating in the program as either an applicant or a recipient have the following responsibilities:
Failure of an applicant or recipient to comply with any of the responsibilities in Section 001.07 may result in the termination of program services.
Personal information relating to applicants and recipients will be kept confidential according to applicable federal law, state law, and related regulations.
Exceptions to State Regulations, Scope of Services and Fees. The Director shall designate which program staff has the authority and discretion to make exceptions to any state imposed regulations contained in this Chapter, including regulations on scope of services and fees. Exceptions may be granted if the designated staff determines there is no alternative to addressing the recipient's need for a service or support necessary to complete an assessment for determining eligibility and vocational rehabilitation needs or to achieve the job goal on the recipient's approved Individualized Plan for Employment (IPE).
Individual recipient Individualized Plan for Employment (IPE) provisions related to post-secondary training will become effective on July 1 following the effective date of this Chapter. All other provisions of this Chapter become effective on the effective date of this Chapter.
92 Neb. Admin. Code, ch. 72, § 001