Section Ed 1006.03 - Trial Work Experiences for Individuals with Significant Disabilities(a) Before an individual is determined unable to benefit from vocational rehabilitation services because of the severity of the individual's disability, the NHVR counselor shall explore the individual's abilities, capabilities, and capacity to perform in work situations through trial work experiences;(b) A trial work experience shall assess individuals with significant disabilities by providing an opportunity to demonstrate their potential capacities through real work experiences;(c) The trial work experiences shall provide an opportunity for experiences with on-the-job supports and training, including assistive technology, except when determined not appropriate for an individual to participate in such experience;(d) If a trial work experience is not appropriate for an individual, the vocational rehabilitation counselor shall document in the case record the circumstances for that determination;(e) The results of the trial work experience shall be used demonstrate that the individual can benefit from services or it shall enable the NHVR counselor to determine with clear and convincing evidence that the applicant cannot benefit from vocational rehabilitation services in terms of an employment outcome;(f) NHVR counselors shall enlist community rehabilitation providers through vocational assessments that include activities such as situational assessments, community-based workplace assessments, work try-outs, and supported employment as a means to provide the required trial work experiences;(g) NHVR counselors shall have a high degree of certainty before concluding that a person is incapable of benefiting from vocational rehabilitation services, and there shall be clear and convincing evidence for the conclusion. For purposes of this rule, clear and convincing evidence shall mean that no employment outcome is possible considering information from the trial work experience and more than one opinion considered and utilized as evidence; and(h) A written plan for the trial work experience shall be outlined in the record of services that describes the services necessary to determine eligibility. Only services to determine eligibility or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting, in terms of an employment outcome because of the severity of the disability, shall be provided during a trial work experience. The written plan shall include the expected duration of services, identification of the service provider, and how the experience will contribute to the determination of the individual's eligibility.N.H. Admin. Code § Ed 1006.03
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031