Section 152-1-5 - ORDER OF SELECTION1. If services cannot be provided to all eligible individuals who apply, the Director of DVR will implement an Order of Selection as set forth in this section. After determining eligibility, counselors must assign a priority category and follow the Order of Selection set forth below for the provision of services. Individuals whose IPE has been developed and signed prior to the date of implementation of the Order of Selection will continue to receive cost services. Maine DVR will notify all eligible individuals of the priority categories in the Order of Selection. Eligible individuals in priority categories not currently being served will be notified in writing of their assignment to a particular category and their right to appeal their category assignment.2. The priority category shall be assigned, based on their level of significance of disability into one of four Priority Categories: Priority Category # 1, "individual with a most significant disability"; Priority Category # 2, "individual with a significant disability"; Priority Category # 3, "individual with a significant disability"; or Priority Category # 4, "all other eligible individuals" as set forth below.3. Individuals with disabilities shall be served first based on significance of disability and second by date of application in the following priority order: A. Priority Category # 1: Individual with a most significantly disability" means an eligible individual who meets the following criteria:(1) who has a serious limitation in terms of an employment outcome in four or more functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self-care, interpersonal skills, self-direction cognition and learning or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one's capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community;(2) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services, meaning two or more core vocational rehabilitation services as outlined in Section 9 of this rule, services 9.1 through 9.14; and(3) whose vocational rehabilitation can be expected to require an extended period of time.B. Priority Category # 2: Individual with a significant disability means an eligible individual who meets the following criteria:(1) who has a serious limitation in terms of an employment outcome in at least two or three functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self-care, interpersonal skills, self-direction, cognition and learning, or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one's capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community;(2) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services, meaning two or more core vocational rehabilitation services as outlined in Section 9 of this rule, services 9.1 through 9.14; and(3) whose vocational rehabilitation can be expected to require an extended period of time. Individuals in Priority Category # 2 will be served only after all individuals in Category # 1 receive services.
C. Priority Category # 3: Individual with a significant disability means an eligible individual who meets the following criteria:(1) a serious limitation in terms of an employment outcome in 1 or more functional capacity areas. Functional capacity areas are; mobility, work tolerance, communication, self-care, interpersonal skills, self-direction cognition and learning or work skills. "Serious limitation in terms of an employment outcome" means a reduction of one's capacity to perform, due to severe physical or mental impairment, to the degree that the individual requires services or accommodations in order for the individual to work or be a fully functioning member of the community; and:(2) whose vocational rehabilitation may require multiple core vocational rehabilitation services as out lined in Section 9 of this rule, services 9.1 through 9.14; or(3) whose vocational rehabilitation may require an extended period of time. Individuals in Priority Category # 3 will be served only after all individuals in Categories # 1 and # 2 receive services.
D. Priority Category # 4 means all other eligible individuals. Individuals in Priority Category # 4 will be served only after all individuals in Categories # 1, # 2, and # 3 receive services.
4. Individuals Not Meeting the Order of Selection Criteria Eligible individuals who do not meet the Order of Selection category currently being served will have access to services through information and referral. Individuals will be provided vocational rehabilitation counseling and guidance to assist such individuals in preparing for, securing, retaining, advancing in, or regaining employment, and will be appropriately referred to other programs, including other components of the statewide workforce investment system.
5. Order of Selection and Pre-Employment Transition Services Students with a disability who have been found eligible and placed on a wait list for a closed priority category may only receive Pre-Employment Transition Services if they were receiving those services before being found eligible.