N.Y. Comp. Codes R. & Regs. tit. 8 § 247.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 247.7 - Order of selection

In the event that the Education Department, hereinafter referred to as the agency, is unable to provide vocational rehabilitation services to all eligible individuals with disabilities throughout a Federal fiscal year, the agency will provide such services to eligible persons in the order of priority established in this section.

(a) Operation of order of selection.

(1) The use of an order of selection of individuals for vocational rehabilitation services shall not affect the provision of services to the following individuals:

(i) persons determined by the agency as eligible for vocational rehabilitation services prior to the date when the agency determines that an order of selection of applicants shall be implemented; and

(ii) persons in extended evaluation prior to the date when the agency determines that an order of selection of applicants shall be implemented.

(2) If the agency is unable to serve an eligible individual as a result of the individual's placement in a particular priority classification, the agency will place the individual in a deferred service category, and will notify the individual of his right to seek an administrative review and impartial hearing concerning the individual's placement in such priority classification, and, if the individual desires, will offer referral of the individual to another source of assistance if available.

(3) The agency will regularly assess needs of individuals with disabilities and available resources to determine if the selection of individuals by priority classification can be terminated or modified. In the event that it becomes possible to serve individuals placed in the deferred service category, all such individuals will be contacted, in chronological order of application date, before vocational rehabilitation services will be provided by the agency to new applicants in the same priority classification.

(b) Order of selection to be used. Eligible individuals will be selected by the agency to receive vocational rehabilitation services in descending order of the following priority classifications. Individuals will be assigned to priority categories based only on the following criteria regardless of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender or sexual orientation.

(1) Priority category I--persons with the most significant disabilities. An individual with a most significant disability:

(i) has one or more physical or mental disabilities determined by an assessment of eligibility and vocational rehabilitation needs to cause substantial functional limitations; and

(ii) has a significant physical or mental impairment which seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, cognition, work tolerance, or work skills) in terms of an employment outcome; and

(iii) whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time.

(2) Priority category II--persons with significant disabilities. An individual with a significant disability:

(i) has one or more physical or mental disabilities determined by an assessment of eligibility and vocational rehabilitation needs to cause substantial functional limitations; and

(ii) has a significant physical or mental impairment which seriously limits one or two functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, cognition, work tolerance, or work skills) in terms of achieving an employment outcome; and

(iii) whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time.

(3) Priority category III--persons with less significant disabilities who are not classified in priority categories I and II.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 247.7