N.Y. Comp. Codes R. & Regs. tit. 8 § 247.8

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

Section 247.8 - Assessment for determining eligibility and vocational rehabilitation needs

(a) Review and assessment of data for eligibility determination.

(1) In order to determine whether any individual is eligible for vocational rehabilitation services, the agency will base its eligibility determination on:

(i) a review of existing data, including counselor observations, education records, information provided by the individual or the individual's family, information used by the Social Security Administration, and determination made by officials of other agencies; and

(ii) if existing data are insufficient, the provision of appropriate assessment activities to obtain additional data that are necessary to determine whether an individual is eligible.

(b) Trial work experience to determine eligibility.

(1) Basic conditions. Prior to any determination that an individual with a severe disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual's disability, the agency shall explore the individual's abilities, capabilities and capacity to perform in work situations through the use of trial work experience, except under limited circumstances when an individual cannot take advantage of such experience. During trial work experiences, individuals will be provided appropriate supports and training. Such experience will result in a determination that the individual is eligible or that clear and convincing evidence exists that the individual is incapable of benefiting from services due to the severity of the disability.

(c) Comprehensive assessment.

(1) Basic conditions. To the extent additional data are necessary to make a determination of the employment outcomes, and the objectives, nature, and scope of vocational rehabilitation services to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment shall be conducted to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual.

(2) Extent of services. The comprehensive assessment:

(i) is limited to information that is necessary to identify the rehabilitation needs of the individual that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual;

(ii) uses, as a primary source of such information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for services, and such information as can be provided by the individual and the family of the individual;

(iii) may include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs of the individual; and

(iv) may include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment.

(d) Technology referral. As appropriate, individuals will be referred for the provision of rehabilitation technology services to assess and develop the capacities of the individual to perform in a work environment.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 247.8