192 Neb. Admin. Code, ch. 1, § 009

Current through September 17, 2024
Section 192-1-009 - Order Of Selection
009.01.PURPOSE. An Order of Selection gives priority to persons with significant disabilities when there are insufficient resources to provide vocational rehabilitation services to all eligible individuals who apply for services, statewide. After eligibility has been determined, each eligible individual is assigned to a category group that is ranked in priority order. Order of Selection is only to be implemented if NCBVl has insufficient resources 361.36[c]). The procedures identified below will apply only if a lack of fiscal and personnel resources result in implementation of Order of Selection.
009.02.ELIGIBILITY. NCBVl will set aside sufficient funds to determine eligibility. Applications for services will be accepted without restriction. All individuals with disabilities including eligible individuals who do not meet NCBVl criteria for receiving services under Order of Selection, will be provided with information and referral to assist them in preparing for, securing, retaining, or regaining employment.
009.03.REFERRALS. will be made to other appropriate Federal and State programs, including other components of the statewide workforce development system, that are best suited to address the specific employment needs of the individual, These referrals will include:
009.03A. A notice from the Commission to the agency carrying out the program;
009.03B. Information to identify the specific person to be contacted at the agency carrying out the program;
009.03C. Information and advice regarding the most suitable services that will help the individual prepare for, secure, retain, or regain employment.
009.04.PRIORITY CATEGORIES. The Order of Selection categories are based upon the requirements of the Rehabilitation Act ( 34 CFR 361.5 [b][31]) and implementing regulations for vocational rehabilitation (Title I) and supported employment services (Title Vl-C). After eligibility for services has been determined, the client will be assigned to the highest category for which the client is qualified, and a rationale will be documented in the case file. If a client's circumstances change, or new information has been acquired, the category assignment can be changed. Priority Categories are as follows:
009.04A.CATEGORY 1. Eligible individuals with the most significant disabilities.
009.04A1. An individual with a severe visual impairment or combination of visual, physical, or mental impairments which profoundly limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
009.04A2. An individual whose vocational rehabilitation can be expected to require at least four extensive or intensive multiple core services for at least twelve months.
009.04B.CATEGORY 2. Eligible individuals with significant disabilities.
009.04B1. An individual with a severe visual impairment or combination of visual, physical, or mental impairments which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome.
009.04B2. An individual who will require multiple services (substantial amount of at least three core services) over an extended period of time (at least six months).
009.04C.CATEGORY 3. Ail other eligible individuals.
009.05.CORE SERVICES. Core vocational rehabilitation services, pursuant to the Rehabilitation Act, United States Code, Title 29, Section 701 et. seq. include:
009.05A. Assessment for determining eligibility and priority for services;
009.05B. Assessment for determining vocational rehabilitation needs;
009.05C. Vocational rehabilitation counseling and guidance;
009.05D. Referral;
009.05E. Physical and mental restoration services;
009.05F. Vocational and other training services;
009.05G. Maintenance;
009.05H. Transportation;
009.05I. Vocational rehabilitation services to family members;
009.05J. Interpreter services;
009.05K. Reader services, rehabilitation teaching services, and orientation and mobility services;
009.05L. Job-related services;
009.05M. Supported and/or customized employment services;
009.05N. Personal assistance services;
009.05O. Post-employment services;
009.05P. Occupational licenses, tools, equipment, initial stocks, and supplies;
009.05Q. Rehabilitation technology including vehicular modification, telecommunications, sensory, and other technological aids and devices;
009.05R. Transition services;
009.05S. Technical assistance and other consultation;
009,05T. Other goods and services determined necessary for an individual with a disability to achieve an employment outcome.
009.06.SSI OR SSDI ELIGIBILITY. An individual who is determined eligible for SSI (Supplemental Security income) or SSDI (Social Security Disability Insurance) because of disability meets the criteria for the definition of a significant disability and would need to be assessed like all other individuals to determine whether or not he or she meets the definition of most significant disability.
009.07.WAITING LIST. In the event that vocational rehabilitation services cannot be provided to all eligible individuals in a given category, a waiting list will be established, based on date of application for services. Each category will have its own waiting list, if needed.

192 Neb. Admin. Code, ch. 1, § 009

Amended effective 7/2/2019