192 Neb. Admin. Code, ch. 1, § 002

Current through September 17, 2024

Section 192-1-002 - Definitions

002.01.APPLICANT shall mean an individual who has completed, signed, and submitted an application form to participate in services offered by NCBVI, , completed a common intake application form in a one-stop center requesting vocational rehabilitation services, or has otherwise requested services from NCBVI. Applications via email, telephone, letter, or other formats providing the required information are accepted. If appropriate, the applicant may have a parent, family member, guardian, advocate, or other authorized representative sign the application.

002.02.BLIND PERSON shall mean-

002.02A. A person having sight that is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life (Nebraska Revised Statute71-8603), or

002.02B. A person, to be eligible and licensed as a blind vending facility operator (Nebraska Revised Statutes, Section 71-8611 );

002.02B1. Having no greater than 20/200 central visual acuity in the better eye after correction, or

002.02B2. Having an equally disabling loss of the visual field in which the widest diameter subtends an angle no greater than 20 degrees.

002.03.BOARD shall mean the governing board of NCBVl, to be appointed by the Governor of Nebraska pursuant to (Nebraska Revised Statute71-8604).

002.04. COMPARABLE SERVICES AND BENEFITS shall mean services and benefits, including accommodations and auxiliary aids and services, that are:

002.04A. Provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;

002.04B. Available to the recipient at the time needed to ensure progress of the individual toward achieving the employment outcome in his or her individualized plan for employment; and

002.04C. Commensurate to the services that the individual would otherwise receive from NCBVl.

002.04D. For the purposes of this definition, comparable services and benefits do not include awards and scholarships based on merit.

002.05.COMPETITIVE INTEGRATED EMPLOYMENT shall mean work that is performed on a full-time or part-time basis (including self-employment)-

002.05A. For which an individual is:

002.05A1. Compensated at a rate that:

002.05A1a. Shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable state or local minimum wage law; and

002.05A1b. Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

002.05A2. In the case of an individual who is self-employed, yields an income that is comparable to the income received by individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills;

002.05B. Is eligible for the level of benefits provided to other employees;

002.05C. That is at a location where the employee interact with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employees) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions that interact with other persons; and

002,05D. That presents opportunities for advancement that are similar for those of other employees who are not individuals with disabilities and who have similar positions.

002.06.CUSTOMIZED EMPLOYMENT shall mean competitive integrated employment for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as:

002.06A. Job exploration by the individual,

002.06B. Working with an employer to facilitate placement, including-

002.06B1. Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs,

002.06B2. Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location.

002.06B3. Representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement, and

002.06B4. Providing services and supports at the job location.

002.07.DIRECTOR shall mean the Executive Director of NCBVl.

002.08.ELIGIBILITY shall mean the quality or state of being an individual with a visual disability who meets the requirements to participate in services offered by NCBVl. Such requirements are that:

002.08A. The individual has sight which is so defective as to seriously limit his or her ability to engage in the ordinary vocations and activities of life based on medical records for recipients of vocational rehabilitation services and based on counselor observations for recipients of independent living services, and

002.08B. The individual requires-

002.08B1.VOCATIONAL REHABILITATION services to prepare or, secure, retain, or regain employment; or

002.08B2.INDEPENDENT LIVING services to function, continue functioning, or move toward functioning independently in the family or community.

002.09.EMPLOYMENT OUTCOME shall mean with respect to an individual entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment, as defined in 002.045 (including customized employment, self-employment, telecommuting, or business ownership), or supported employment as defined in 002.20 that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

002.10.INDEPENDENT LIVING SERVICES shall mean those services enabling Blind persons to function, continue functioning, or move toward functioning independently in the family or community.

002.11.AN INDIVIDUAL with a disability shall mean:

002.11A. Any individual:

002.11A1. Who has a physical or mental impairment including blindness whose impairment constitutes or results in a substantial impediment to employment and

002.11A2. Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services; or

002.11B.ANY INDIVIDUAL:

002.11B1. Who has a physical or mental impairment including blindness that substantially limits one or more major life activities;

002.11B2. Who has a record of such an impairment; and

002.11B3. Who is regarded as having such an impairment.

002.12.INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE) shall mean the written document prepared on forms provided by the vocational rehabilitation services program, containing descriptions of a specific employment outcome, the nature and scope of needed services and the entities to provide them, the criteria to evaluate progress toward achievement of outcome, and the responsibilities of the program and the recipient ( 34 CFR 361.45) and ( 34CFR 361.46) .

002.12A. Before a recipient may begin program services, the plan must be agreed to and signed by the recipient or, if appropriate, a parent, a family member, a guardian, an advocate, or an authorized representative, and approved and signed by an NCBVI counselor.

002.12B. Before approving a recipient's individualized plan for employment, program staff must consider:

002.12B1. The availability of employment opportunities in the specific employment outcome in the recipient's local labor market to which the recipient has indicated his or her willingness to relocate;

002.12B2. The consistency between employer requirements for educational level, type of preparation and relevant work experience in the specific employment outcome and the recipient's educational level, type of preparation, and work experience;

002.12B3. The consistency between employer wages and benefits in the specific employment outcome and the recipient's needs to meet necessary costs of living, rehabilitation technology, impairment related work expenses, and health care and disability treatment;

002.12B4. The consistency between the typical work environment in the specific employment outcome and the recipient's work interests, values, and needs;

002.12B5. The consistency between the essential functions typically performed in the specific employment outcome and the recipient's functional abilities.

002.12B6. The recipient's ability to benefit from the specific vocational rehabilitation services included in the plan to the degree necessary to resolve all inconsistencies in Section 002.11B2 through 002.11B5.

002.12C. NCBVI staff may approve a recipient's individualized plan for employment if, after considering the factors in Section 002.11B, they determine that-

002.12C1. The specific employment outcome will be available to the recipient in the local labor market, or a labor market to which the individual is willing to relocate;

002.12C2. The specific employment outcome available to the recipient will provide the earnings and benefits necessary to meet the criteria for an employment outcome in Section 002.09;

002.12C3. The plan includes the vocational rehabilitation services necessary to resolve all inconsistencies between employer requirements and occupational characteristics associated with the specific employment outcome and the recipient's unique strengths, resources, priorities, concerns, abilities, capabilities, and interests and informed choice; and,

002.12C4. There is a service provider available (including program staff) for each of the necessary vocational rehabilitation services in the recipient's community or a community to which the individual is willing to relocate to receive services.

002.13.INDIVIDUALIZED PLAN FOR INDEPENDENT LIVING shall mean the written document prepared on forms provided by NCBVI describing required services enabling blind persons to function independently in the family or community.

002.14.INFORMED CHOICE shall mean the principle by which applicants and recipients, with support services as necessary, are provided a meaningful opportunity to participate in decisions with regard to the selection of an employment outcome, program services (including assessment services), and service providers, through the provision of, or assistance in the acquisition of, information relating to:

002.14A. The availability of employment opportunities;

002.14B. The availability and flexibility to provide potential services (including accessibility, duration, cost, and financial participation requirements, service provider past performance in achieving results or employment outcomes and the quality of those results or outcomes, and recipient satisfaction);

002.14C. The qualifications of potential service providers;

002.14D. The types of services offered by that provider; and

002.14E. The degree to which services are provided in integrated settings.

002.15.NCBVl shall mean Nebraska Commission for the Blind and Visually Impaired.

002.16ORDER OF SELECTION shall mean the process whereby applicants are identified and categorized into priority groups based on the significance of their disabilities and served accordingly, when there are insufficient resources to provide vocational rehabilitation services to all individuals who apply for services. Implementation of order of selection shall be predicated on the demand for services exceeding the ability of the program to provide those services, as detailed in Section 009.

002.17.PHYSICAL OR MENTAL IMPAIRMENT shall mean:

002.17A. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body functions; neurological, muscular-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

002.17B. Any mental or psychological disorder such as intellectual disorder, organic brain syndrome, emotional or mental illness, or specific learning disabilities.

002.18.RECIPIENT shall mean an applicant who has met the eligibility requirements, is qualified for services, and is currently participating in active services. If Order of Selection is implemented, qualification will be pursuant to the categories defined within the order of selection.

002.19.SIGNIFICANT DISABILITY MEANS a severe physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community or to obtain, maintain, or advance in employment.

002.20.SUPPORTED EMPLOYMENT shall mean competitive integrated employment, including customized employment or employment in an integrated work setting in which an individual with a most significant disability is working on a short-term basis toward competitive integrated employment that is individualized, and customized, consistent with the unique strengths, abilities, interests, and informed choice of the individual including with ongoing support services for individuals with the most significant disabilities and

002.20A. For whom competitive integrated employment has not historically occurred, or for whom competitive integrated employment has been interrupted or intermittent as a result of a disability; and

002.20B.Who because of the nature and severity of their disabilities, need intensive supported employment services and extended services after the transition from support provided by NCBVl in order to perform this work.

002.21.VOCATIONAL REHABILITATION SERVICES shall pursuant to Nebraska Revised Statues 71-8609 and 71-8610 mean the determination that an individually planned and coordinated program of specific services is required for an individual to prepare for, secure, retain, or regain employment. In making this determination, considerations include:

002.21A. The individual's intent to maximize employment by achieving an employment outcome consistent with his or her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice,

002,21B. The individual's need for specialized services, supported or accommodations, not typically used by the general public, and,

002.21C. The need for planning and coordination of multiple or complex services over a long duration to enable the individual to secure, retain, or regain employment.

192 Neb. Admin. Code, ch. 1, § 002

Amended effective 7/2/2019