32 Miss. Code. R. 10-5-5.7

Current through December 10, 2024

Section 32-10-5-5.7 - Trial Work Experiences (twe)

TWEs are explorations of an individual's abilities, capabilities, and capacity to perform in realistic work situations provided in the most integrated setting possible consistent with the informed choice and rehabilitation needs of the individual.

A TWE is provided when there is insufficient assessment data to determine whether an individual can benefit from VR services in terms of a competitive integrated employment outcome. During TWEs, OVR/OVRB counselors must provide appropriate supports, including, but not limited to, assistive technology devices/services and personal assistance services to accommodate the rehabilitation needs of the individual.⁵⁶

TWEs must be of sufficient variety and over a sufficient period of time in order to determine if: ⁵⁷

1. There is sufficient evidence to conclude the individual can benefit from the provision of VR services in terms of an employment outcome; or

2. There is clear and convincing evidence that, due to the severity of the individual's disability, the individual is incapable of benefitting from VR services in terms of an employment outcome.

Clear and convincing evidence requires that staff have a high degree of certainty before concluding that an individual is incapable of benefiting from services in terms of an employment outcome. Thus, the cursory review of existing information alone would not provide the degree of evidence needed. However, in those limited circumstances when the individual is unable to participate in a TWE, clear and convincing evidence could include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded they would be unable to meet the individual's needs due to the severity of his/her disability.

32 Miss. Code. R. 10-5-5.7

Adopted 8/1/2022