Section 1240-08-04-.06 - STANDARDS FOR CLOSING CASES(1) VR may close a case from applicant status prior to making an eligibility determination if the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and VR has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative, to encourage the applicant's participation.(2) VR may close a case if an applicant does not meet eligibility requirements for VR services, the eligible individual receiving services under an IPE is incapable of achieving an employment outcome due to the severity of the individual's disability, or the individual has chosen to not pursue competitive integrated employment.(a) An individual does not meet eligibility requirements if:1. There is no diagnosable impairment;2. There is a diagnosable impairment but no substantial impediment to employment;3. There is a diagnosable impairment and substantial impediments to employment but there are no expected VR services that will reduce, eliminate, or accommodate the participant's impediment to employment and contribute to an employment outcome; or4. It is determined through trial work experiences that the individual will not benefit from VR services in terms of an employment outcome.(b) A case will not be closed because an individual is unable to achieve an employment outcome due to the severity of the individual's disability without documenting by Trial Work Experiences clear and convincing evidence that the individual is incapable of benefiting from VR services in terms of an employment outcome due to the severity of the individual's disability.(c) Cases that are closed due to extended employment in a non-integrated or sheltered setting or in other employment compensated in accordance with section 14c of the Fair Labor Standards Act (sub-minimum wage) must be provided career counseling and information services at the time of case closure and every six (6) months for the first year following case closure and annually thereafter for the duration of such employment.(d) Cases that are closed due to the severity of the individual's disability must be reviewed twelve (12) months from case closure and annually thereafter if requested by the individual to determine potential for competitive integrated employment.(3) VR may close a case of an individual who has achieved a successful employment outcome if all of the following requirements are met:(a) The individual has achieved competitive integrated employment described in the individual's IPE that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice and is at a location typically found in the community (in the competitive labor market) where the individual:1. Is compensated at not less than the legal minimum wage or at the customary rate for the same or similar work performed by employees who are not individuals with disabilities;2. Is eligible for the level of benefits provided to other employees who are not individuals with disabilities;3. Interacts with fellow employees for the purpose of performing the job duties within the work unit who are not individuals with disabilities;4. Has the opportunity for advancement that is similar for other employees who are not individuals with disabilities and who have similar positions; and(b) The employment outcome has been maintained for an appropriate period of time, but not less than ninety (90) days, to ensure the stability of the employment outcome, and the individual no longer needs VR services; and(c) At the end of the appropriate period described in (b), the individual and the VR Counselor consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.(4) VR may close a case due to intervening reasons in which the individual is not available for diagnostic assessments or continuation of services because the individual has died, has moved out of state and shows no intention of continuing with the VR program, has not been contacted after required efforts, has been institutionalized for an indefinite or extended period of time, has refused services, or is no longer interested in VR services after reasonable counseling and guidance efforts by the VR Counselor.Tenn. Comp. R. & Regs. 1240-08-04-.06
Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Repeal and new rules filed October 5, 2017; effective January 3, 2018. Amendments filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 71-1-104, and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; 34 C.F.R. §§ 361.5, 361.44, 361.45, 361.46, 361.55, and 361.56; and Executive Order No. 43 (1983).