Terms used in this Chapter not defined below have meaning as defined in the laws and regulations of the Rehabilitation Act.
002.01 Applicant Applicant shall mean an individual who has completed, signed, and submitted an application form to participate in the program. If appropriate, the applicant may have a parent, family member, guardian, advocate, or other authorized representative sign the application.
002.02 Comparable services and benefits Comparable services and benefits shall mean services and benefits, including accommodations and auxiliary aids and services, that are:
002.02A. Provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;002.02B. Available to the recipient at the time needed to ensure the progress of the recipient toward achieving the employment outcome in their Individualized Plans for Employment; and,002.02C. Commensurate to the services that the recipient would otherwise receive from the program. The professional licensing, staff qualifications and experience of other federal, state, or local public agencies will not be factors used to determine whether services or benefits are to be considered commensurate.002.02D. For the purposes of this definition, comparable services and benefits do not include awards and scholarships based on merit.002.03 Department Department shall mean the Nebraska Department of Education.
002.04 Director Director shall mean the Director of Vocational Rehabilitation.
002.05 Eligibility Eligibility shall mean an individual with a disability who meets the requirements to participate in the program. Such requirements are that:
002.05A He or she has a physical or mental impairment;002.05B. The impairment constitutes or results in a substantial impediment to employment;002.05C. The individual can benefit in terms of an employment outcome from the provision of program services; and,002.05D. The individual requires services from the program in order to prepare for, secure, retain, or regain employment.002.06 Employment outcome 002.06A. Entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment in the integrated labor market;002.06B. Satisfying the vocational outcome of supported or customized employment; or,002.06C. Satisfying any other appropriate vocational outcome, including the vocational outcome of self-employment, telecommuting, or business ownership in a manner consistent with the Rehabilitation Act.002.07 Individualized Plan for Employment, (IPE) Individualized Plan for Employment, (IPE), shall mean an individualized written plan 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 an outcome, and the responsibilities of the program and the recipient, including the recipient's participation in paying for the costs of the plan.
002.07A. 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 authorized staff member.002.07B. Before approving a recipient's Individualized Plan for Employment, authorized staff consider: 002.07B1. The availability of employment opportunities in the specific employment outcome in the recipient's local labor market or a labor market to which the recipient has indicated his or her willingness to relocate. 002.07B2. 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.002.07B3. 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 impairment treatment.002.07B4. The consistency between the typical work environment in the specific employment outcome and the recipient's work interests, values, and needs.002.07B5. The consistency between the essential functions typically performed in the specific employment outcome and the recipient's functional abilities.002.07B6. 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 Sections 002.07B2 through 002.07B5 of this Chapter. 002.07C. Authorized staff may approve a recipient's Individualized Plan for Employment if, after considering the factors in Section 002.07B of this Chapter, they determine that: 002.07C1. 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;002.07C2. 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 002.06 of this Chapter;002.07C3. 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,, 002.07C4. 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.002.08 Informed choice 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:
002.08A. The availability of employment opportunities;002.08B. The availability and flexibility to provide potential services (including accessibility, duration, cost, and cost sharing requirements, service provider past performance in achieving results or employment outcomes and the quality of those results or outcomes, and recipient satisfaction);002.08C. The qualifications of potential service providers;002.08D. The types of services offered by that provider; and,002.08E. The degree to which services are provided in integrated settings.002.09 Mental impairments Mental impairments shall mean impairments produced by any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
002.10 Order of selection Order of selection shall mean the order in which eligible individuals will be served when funding is not sufficient to serve all eligible individuals. Individuals in priority group one will be served first, followed by those in priority group two and lastly those in group three.
002.10A. Priority Group Three: All eligible individuals.002.10B. Priority Group Two: Any eligible individual who: 002.10B1. Has a severe physical or mental impairment that seriously limits one functional area (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome, and002.10B2. Requires multiple services over an extended period of time, and002.10B3. Has one or more physical or mental impairments resulting from amputation, arthritis, autism, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability , mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations. Note: Individuals who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) automatically qualify for priority group two and are assessed to determine whether they qualify for priority group one.
002.10C. Priority Group One: Any eligible individual who: 002.10C1. Has a severe physical or mental impairment that seriously limits two or more functional areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome, and002.10C2. Requires multiple services over an extended period of time, and002.10C3. Has one or more physical or mental impairments resulting from amputation, arthritis, autism, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord injuries, including paraplegia and quadriplegia, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitations.002.11 Physical impairments Physical impairments shall mean those impairments produced by any physiological disorder or condition, cosmetic disfigurement, or anatomical loss, affecting one or more of the body systems which includes neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine systems.
002.12 Program Program shall mean the Nebraska Department of Education's Vocational Rehabilitation Services program.
002.13 Recipient Recipient shall mean an applicant who has met the eligibility requirements, is qualified for services pursuant to the order of selection and is currently participating in the program.
002.14 Requires vocational rehabilitation (program) services Requires vocational rehabilitation (program) services shall 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:
002.14A. The individual's need for specialized services, supports, or accommodations not typically used by the general public; and, 002.14B. 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.002.15 Substantial impediment to employment Substantial impediment to employment shall mean that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.
92 Neb. Admin. Code, ch. 72, § 002
Amended effective 7/15/2018