Okla. Admin. Code § 612:10-3-2
Current through Vol. 42, No. 7, December 16, 2024
Section 612:10-3-2 - Consideration of comparable services and benefits(a)Determination of availability. Prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation services, except those services listed under 34 CFR 361.53(b), to an eligible individual or to members of the individual's family, the VR or SBVI counselor must determine whether comparable services and benefits, as defined in 34 CFR 361.5(c) (8) are available to the individual unless such a determination would interrupt or delay services according to 34 CFR 361.53(a-c).(b)Exempt services. The vocational rehabilitation services described in 34 CFR 361.48(b) are exempt from a determination of the availability of comparable services and benefits under paragraph (a) of this section as identified in 34 CFR 361.53(b) (1-6). However, comparable services and benefits may be used for these VR services if the comparable services and benefits are readily available at the time the VR services are needed.(c)Provision of services.(1) If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment, DRS must use those comparable services or benefits to meet, in whole or part, the costs of the vocational rehabilitation services.(2) If comparable services or benefits exist under any other program but are not available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome specified in the individualized plan for employment, DRS must provide vocational rehabilitation services until those comparable services and benefits become available.(3) Each eligible individual is required to apply for such benefits. DVR and DSBVI will not participate in the cost of services for any client who fails to apply for and accept available comparable benefits.(4) Whether or not the client must participate in the cost of VR services has absolutely no effect upon the required search for, or use of, available comparable benefits. Available comparable benefits cannot be used in place of client resources when the client is required to participate in the cost of VR services.(5) A student loan is not a comparable benefit. Failure to apply for a student loan which must be repaid will not be cause to withhold participation by DVR or DSBVI. Clients who have defaulted on a student loan will not be assisted with post-secondary training until the client has cleared the default or has made arrangement with the lender on the terms of payment.(6) Clients will be informed of and are expected to provide the counselor a copy of the award letter(s) or other written notice of comparable benefits received from other sources.(d)Interagency coordination. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the Governor, in consultation with DRS and other appropriate agencies, will ensure that an interagency agreement or other mechanism for interagency coordination takes effect between DRS and any appropriate public entity, including the State entity responsible for administering the State Medicaid program, a public institution of higher education, and a component of the statewide workforce development system, to ensure the provision of vocational rehabilitation services, and if appropriate, accommodations or auxiliary aids and services, (other than those services listed in paragraph (b) of this section) that are included in the individualized plan for employment of an eligible individual, including the provision of those vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services) during the pendency of any interagency, dispute in accordance with the provisions of paragraph (d) (3) (iii) of 34 CFR 361.53(d) (1-3).(e)Responsibilities under other law. If a public entity other than DRS is obligated under Federal law (such as the Americans with Disability Act, Section 504 of the Act, or section 188 of the Workforce Innovation and Opportunity Act) or State law, or assigned responsibility under State administrative rules or an interagency agreement established under this section, to provide or pay for any services considered to be vocational rehabilitation services (e.g., interpreter services under 34 CFR 361.48(j)), and, if appropriate, accommodations or auxiliary aids and services other than those services listed in paragraph (b) of this section, the public entity must fulfill that obligation or responsibility according to the terms in 34 CFR 361.53(e) (1-2).Okla. Admin. Code § 612:10-3-2
Added at 10 Ok Reg 4633, eff 9-1-93 (emergency); Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 13 Ok Reg 1817, eff 4-3-96 (emergency); Amended at 14 Ok Reg 1432, eff 7-1-97; Amended at 14 Ok Reg 3738, eff 9-10-97 (emergency); Amended at 15 Ok Reg 2904, eff 7-1-98; Amended at 16 Ok Reg 1711, eff 4-13-99 (emergency); Amended at 16 Ok Reg 2590, eff 7-1-99Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023