Section 1240-08-05-.01 - ORDER OF SELECTION AND PRIORITY FOR SERVICES(1) When VR is unable to provide the full range of VR services to all individuals who meet the basic requirements for eligibility, VR is required to implement an Order of Selection to be followed in prioritizing individuals who meet the basic requirements for eligibility for the provision of VR services. VR determines when and if an Order of Selection will be implemented.(2) When an Order of Selection is implemented, individuals previously determined eligible for VR services and receiving services under an IPE are not affected. An Order of Selection does not regulate the provision or authorization of diagnostic assessments.(3) After implementation of an Order of Selection, each individual who meets the basic requirements for eligibility will be placed into the highest category justified according to paragraph (4).(4) Disability Priority Categories and definitions for an Order of Selection are determined by VR and are based on the federal definition of an individual with a significant disability and are as follows, with the lowest numerical category being the highest priority that must be considered first for the provision of services:(a) Disability Priority Category 1 - Most Significantly Disabled.(b) Disability Priority Category 2 - Significantly Disabled.(c) Disability Priority Category 3 - Not Significantly Disabled.(d) Disability Priority Category 4 - Cannot be categorized into a higher Disability Priority Category.(5) An individual who is eligible to receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) based on disability or blindness is presumed to be an individual who is Disability Priority Category 2 - Significantly Disabled.(6) VR determines which disability priority categories are open for the provision of services.(7) When an Order of Selection is implemented, those individuals who are placed into an open priority category may be served under an IPE. Those individuals who are placed in a closed priority category may not be served until the Order of Selection is lifted, the category is opened to provide services, or cases are released for the provision of services.(8) Individuals who are assigned a disability priority category that is closed, meaning services will not be provided, will be notified in writing and must be referred to other federal and state programs, including programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act.(9) If VR will not continue to serve all individuals determined to be Disability Priority Category 1, services will be provided to new Disability Priority Category 1 individuals based upon date of application.(10) If VR is able to open a closed disability priority category or release cases to be provided services but is unable to serve all individuals in that category, services will be provided based upon the date of application.Tenn. Comp. R. & Regs. 1240-08-05-.01
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. Amendments 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 and 361.36; and Executive Order No. 43 (1983).