218 R.I. Code R. 218-RICR-50-00-1.17

Current through December 3, 2024

Section 218-RICR-50-00-1.17 - VOCATIONAL REHABILITATION SERVICES

1.17.1VOCATIONAL REHABILITATION COUNSELING AND GUIDANCE

A. Counseling and guidance are integral parts of the entire rehabilitation process beginning at the intake interview and continuing throughout. The goals of counseling and guidance are to assist individuals with disabilities to reach maximum levels of independence by moving through the rehabilitation process toward their employment goal consistent with their abilities and capabilities.

B. Counseling and guidance services will be provided by an ORS vocational rehabilitation counselor to each individual throughout the vocational rehabilitation process for the purpose of:

1. assisting the individual in developing an IPE towards a suitable vocational goal;

2. reviewing progress towards the vocational goal, amending the IPE if necessary; and

3. developing the individual's ability to seek, maintain, and advance in competitive integrated employment.

1.17.2PHYSICAL AND MENTAL RESTORATION SERVICES

A. ORS provides physical and mental restoration services which are likely, within a reasonable time period, to enable individuals with disabilities to eliminate, reduce, or modify functional limitations which present barriers to employment. Such services must be needed to achieve an employment outcome or be for extended evaluation to determine employability.

B. These services can be provided only after financial participation has been determined, and any comparable benefits available to meet, in whole or in part, the cost of restoration services has been explored.

C. The services may be provided upon the recommendations of the appropriate clinical consultant who meets State licensure requirements.

1.17.3POST-SECONDARY EDUCATION AND VOCATIONAL REHABILITATION TRAINING

A. ORS will ensure that access to training services is available to assist individuals with a disability to choose, prepare for, obtain, advance in, and maintain competitive integrated employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice. Vocational exploration, career counseling, community-based work assessments, internships, and other supporting documentation will be considered in accordance with each individual's vocational rehabilitation needs. An individual's training needs will be delivered in a manner that is cost efficient, reasonable, and equitable for all individuals seeking vocational rehabilitation services.

B. Training services may be needed to prepare an eligible ORS client for employment and are agreed upon by both the client and VR Counselor through the process of counseling and guidance, informed choice, and assessments. Training services include the following categories:

1. Post-Secondary Training: education provided by a degree/certificate granting institution of higher education (universities, colleges, community, or junior colleges, vocational schools, technical institutes, hospital schools of nursing, or any other post-secondary education institution).

2. Vocational Training: skill development in a specific vocation that will result in employment, such as, but not limited to, truck driving, propane gas service, wallpaper hanging, etc.

3. On-the-Job Training (OJT): a method of learning skills on the job needed for a specific vocation with the instruction delivered by the employer at the worksite.

C. Training Expenses

1. Direct school costs include expenses of tuition, fees, books, room and board, and other materials included in course syllabus.

2. No training or training-related services provided in any institution of higher education, trade school, or skills based certification program can be paid for with vocational rehabilitation funds unless maximum efforts have been made to secure all other available federal, state, and private grant aid, and other comparable services and benefits for which the individual is eligible. To the maximum extent possible, the costs of training must be met, wholly or in part, with grant aid and other comparable services and benefits and resources other than vocational rehabilitation funding. If the individual with a disability fails to apply for and accept any grant aid or comparable services and benefits assistance for which they are eligible, ORS cannot authorize any funds for the individual's training expenses. ORS will support the lowest cost option to meet the individual's Individualized Plan for Employment (IPE) needs.

a. The Promise Grant, Free Application for Federal Student Aid (FASFA), Student Aid Report (SAR), family contributions, work study, or accepted loans will be considered as part of a student's financial aid package. The student is not required or obligated to accept a loan to reach an unmet need for school or training, but are encouraged to do so, as ORS does not typically cover all of the costs associated with attending college or training. Merit scholarship awards will be exempt from this classification as a comparable benefit but the individual may choose to utilize this grant to help them fund their training program.

b. After utilizing the financial awards, grant aid, scholarships, or other comparable benefits, ORS will fund up to an annually designated amount based on current Rhode Island College tuition and fees per calendar year.

c. Preference will be given to in-state public post-secondary institutions or training programs for both programs that offer financial aid and for those that do not. If no comparable program exists at an in-state institution, Administrative approval can be provided for attendance for both a private and/or out-of-state school or training provider, however, the funding will be the same amount as the in-state rate at Rhode Island College provided to other vocational rehabilitation individuals. If no comparable program exists at an in-state institution, the student must take all available pre-requisite classes at CCRI which are transferrable prior to requesting tuition at another school. Administrative approval can be provided for attendance for both a private/and or out-of-state school, but the funding will be the same as the CCRI tuition rate, the Rhode Island College (RIC), or the Department of Labor and Training (DLT) Eligible Training Provider List (ETPL) tuition rate.

d. Individuals are expected to attend on a full-time basis in order to take full advantage of the available comparable benefits and ORS resources.

e. ORS may pay an annually designated amount per academic calendar year per class for all required books, materials, and tools identified on the course syllabus. Additional tools and equipment will be considered on an individualized basis with comparable benefits being considered. ORS will purchase hardware and/or software only when it is an accommodation to the individual's disability and necessary for the student to successfully complete the IPE. Before providing any funds, the counselor must ensure that the student has contacted the school's Disability Services Office. The student and/or counselor must also diligently pursue all other alternative funding sources and alternative accommodations before ORS VR funds are committed.

f. Continued educational support towards the IPE goal is conditional based on an acceptable academic GPA of 2.5 or greater depending on the requirements of the specific major or course of study. ORS must receive copies of grades and documentation of progress towards the successful completion of this goal.

g. Tuition for vocational technical institutions will be awarded at a rate similar to the DLT ETPL.

h. ORS may participate in sponsoring an advanced degree program if the person has tried and been unable to find employment in the field of choice with an undergraduate degree; and graduate work will significantly enhance the opportunities in the field of choice. The VR Counselor and the individual seeking services must explore other vocational options, consider other transferable skills, and the person's undergraduate degree, and determine that no job realistically exist. If ORS agrees to provide support for an advanced degree, the in-state preference will be applicable.

D. Annually, the CRP Assistant Administrator will review the fees to ensure there is no undue hardship to individuals with regards to cost of living changes.

1.17.4MAINTENANCE SERVICES

A. ORS will provide monetary support for expenses such as food, shelter, and clothing when such expenses are reasonable and in excess of normal expenses and are necessary for participation in an assessment for determining eligibility and vocational rehabilitation needs or participation in a vocational rehabilitation program supported by ORS.

B. Such monetary support will be provided utilizing the informed choice of an individual when the individual does not have other resources available and for a specific period of time.

C. Monetary support should not be construed as an automatic allowance.

1.17.5TRANSPORTATION SERVICES

A. Transportation services are always connected to a specific vocational rehabilitation service or attainment of the employment goal, and are identified as such on the Individualized Plan for Employment (IPE). The description of the required transportation should include the purpose, costs, duration, and how transportation service supports one or more vocational rehabilitation services.

B. Need for transportation services will depend on assessment completed by ORS. Such assessment includes the individual's specific transportation needs including, but not limited to, her/his ability to access and use public transportation, para-transit services, or a privately-owned vehicle for transportation to employment. Other considerations include transportation resources through a Community Rehabilitation Program (CRP) or payment to another vehicle owner.

C. Transportation services are not provided by ORS on a permanent basis.

D. Maximum payment provided by ORS will be the cost of public transportation, unless no public transportation is available or the functional limitations imposed by the individual's impairment prevents the use of public transportation. At that time, services will be provided by an appropriate carrier at the least cost available.

E. Transportation services are subject to a determination of financial participation, comparable benefits, and State of Rhode Island requirements governing purchases of services and goods.

F. Types of Transportation Services may include:

1. Public transportation (including para-transit);

2. Travel reimbursement;

3. Travel training to access public transportation;

4. Driving evaluations and training when:

a. Disability presents an impediment to driving; and

b. Driver evaluation indicates likelihood that obstacles can be overcome with training or accommodation.

c. Vehicle modifications to enable an eligible individual to use her/his vehicle to access work.

1.17.6SERVICES TO FAMILY MEMBERS

A. ORS may provide services to a family member of an eligible individual with a disability who has met the Order of Selection priority to receive services when those services are necessary for the individual with a disability to achieve a competitive integrated employment outcome and are the result of an informed choice decision.

1. Family members are subject to policies and laws regarding confidentiality and the HIPPA Law and will be required to sign a release form.

2. In developing the Individualized Plan for Employment (IPE), the rehabilitation counselor must ensure that the client and family member understand the basis for provision of family services and its scope, nature, and duration and that it is an informed choice decision.

B. Prior to ORS utilizing funds for vocational rehabilitation services in accordance with the requirements in 34 C.F.R. § 361.5(c)(8), incorporated above, Comparable Services and Benefits will be explored to determine if funds exist under any other program and are available to the individual. ORS will use these Comparable Services and Benefits to meet, in whole or in part, the cost of vocational rehabilitation services.

1.17.7SUPPORTED EMPLOYMENT SERVICES

A. The Supported Employment (SE) Services Program assists adults and youths with the most significant disabilities to obtain skills, supports, experience needed to attain, maintain or advance in competitive integrated employment, ensuring access to the necessary supports and services as determined by the Individualized Plan for Employment (IPE).

B. Duration of Supported Employment Services

1. Adults: For a period not to exceed twenty-four (24) months, to achieve job stabilization and transition to a long-term support provider for extended services, that has been jointly agreed to by the individual and the rehabilitation counselor and identified in the IPE.

2. For Youth-Aged Individuals with Significant Disabilities until they reach the age of 24: For a period not to exceed forty-eight (48) months, to achieve job stabilization and transition to a long-term support provider for extended services, that has been jointly agreed to by the individual and the VR Counselor and identified in IPE.

3. The duration of Supported Employment services can be extended, under special circumstance, to achieve job stabilization and with an IPE amendment approved by the counselor and individual.

4. Extended Services means on-going support services and other appropriate services provided by a State agency, a private, nonprofit organization, employer, or any other appropriate resource after an individual with the most significant disabilities has concluded support services from State vocational rehabilitation agency support.

5. Post-Employment Services may be provided, if typically, not available from an extended service provider.

C. On-going Supported Employment Services as services that are based on an assessment of employment stability and provision of specific services needed to maintain employment and must include:

1. At least twice monthly meetings with each individual in supported employment either at the work site or off-site based on client preference, as identified in the IPE, and review job performance to identify any other service needed in order to ensure employment stability;

2. Ongoing assessment of rehabilitation needs through the provision of SE services provided by the long-term supports provider who accompany the individual for intensive job skill training at the work site; job development and training; social skills training; regular observation or supervision of the individual; follow-up services with employers and others invested in clients employment, in order to reinforce and stabilize the job placement and facilitate development of natural supports at the worksite;

3. Services based on the determination of the individual's needs, as specified in the IPE, and identified through the ongoing support services.

4. Provide for periodic monitoring to ensure that the individual is making satisfactory progress toward meeting the weekly work requirement established in the IPE by the time of transition to extended services.

D. IPE Development

1. The IPE for Supported Employment Services must specify the services to be provided by ORS, the need for supported employment, and the extended services identified that will be needed to maintain employment in competitive integrated employment. It is expected that job placement will include the maximum number of actual work hours/weeks possible based on strengths, preferences, and informed choice of individual. Supported employment services listed in the IPE must be monitored to ensure that the individual is progressing towards employment.

2. The IPE must target the ideal maximum number of hours an individual can work based on vocational guidance and counseling between the counselor and individual, and an assessment of the strengths, preferences, and informed choice of the individual.

1.17.8POST-EMPLOYMENT SERVICES

A. Post-employment services (PES) are defined in 34 C.F.R. § 361.5(c)(41) as one or more of the VR services provided prior to a participant exiting VR services to enable a rehabilitant, if necessary, to maintain, regain or advance in employment consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests recognizing the informed choice of the individual.

1. Provided under an amended individualized plan for employment (IPE); thus, a re-determination of eligibility is not required;

2. Limited in scope and duration; and

3. Available to meet rehabilitation needs that do not require a complex and comprehensive provision of services

B. To be eligible for short-term post-employment services, individual must have achieved an employment outcome but not exited the VR program.

C. Should the participant need additional services post having exited/been closed by VR and the exit was reported in the WIOA/RSA-911 quarterly reporting, the VR participant would need to re-apply and be determined eligible for the VR program, develop a new IPE and begin to receive services under that IPE.

1.17.9OCCUPATIONAL TOOLS, LICENSES, EQUIPMENT, AND INITIAL STOCKS AND SUPPLIES

A. Occupational licenses, tools, equipment, and initial stocks and supplies may be provided only to the extent necessary to enable an eligible individual to attain competitive integrated employment outcome and in accordance with requirements for Order of Selection and the IPE. Occupational licenses, tools, equipment, and initial stocks and supplies are subject to the determination of financial participation and to consideration of any comparable benefit available to an individual to meet, in whole or in part, the cost of occupational licenses, tools, equipment and initial stocks and supplies.

B. Occupational licenses and tools may be provided only to enable an eligible individual to derive the full benefit of other vocational rehabilitation services to enter or maintain competitive integrated employment.

C. Equipment may be purchased, leased or rented when necessary to enable an eligible individual to carry out the requirements and efficient operation of a business, trade, or profession.

D. Initial stocks and supplies may be provided only when necessary to establish an individual in self-employment. ORS may provide up to six (6) months* of stocks and supplies that are necessary to establish an eligible individual in self-employment but will not provide initial stocks and supplies as post- employment services. The individual with a disability is expected to replenish depleted initial stock and supplies thereafter.

E. ORS may establish maximum dollar limits for the purchase of any necessary occupational licenses, tools, equipment (excluding assistive technology), or initial stocks and supplies.

F. Rates, fees, and expenditures for occupational licenses, tools, equipment, and initial stocks and supplies are subject to determination of financial participation by ORS, comparable benefits being explored, and all applicable State of Rhode Island statutory, regulatory, and related requirements governing purchases of services and goods.

1.17.10REHABILITATION TECHNOLOGY SERVICES

A. Rehabilitation technology services assist individuals with disabilities to overcome barriers to full participation in rehabilitation, employment, transportation, independent living, and recreation. ORS will only support rehabilitation technology that is necessary to achieve an individual's vocational objectives and goals. An individual's need for rehabilitation technology must be considered at any stage of the vocational rehabilitation process.

B. Rehabilitation technology refers to the systematic application of technologies, engineering methodologies, or scientific principles to address the barriers confronted by individuals with disabilities. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

1. Assistive technology services include:

a. the evaluation of the needs of an individual, including functional evaluation of the individual in the environment where the device will be used, such as the home or worksite;

b. purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices;

c. selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

d. coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated existing education and rehabilitation plans and programs;

e. training or technical assistance for an individual or, where appropriate, the family of an individual; and

f. training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.

C. Rehabilitation technology services, including evaluation of the need for rehabilitation technology services, will be provided by personnel who are skilled in rehabilitation technology and who meet applicable licensing or certification requirements of the State of Rhode Island, when necessary to assess eligibility and vocational rehabilitation potential, especially when the disabling condition of the individual is so severe that the absence of rehabilitation technology services could result in a determination of ineligibility.

1.17.11TRANSITION AND PRE-EMPLOYMENT TRANSITION SERVICES

A. ORS actively collaborates with the Rhode Island Department of Education (RIDE) and with Local Education Agencies (LEAs) responsible for the education of students with disabilities by assisting in the coordination and provision of transition and pre-employment transition services and planning.

1. ORS currently has designated VR Counselors who function as liaisons to each school district and provide consultation, technical and planning assistance for the transition of students with disabilities from school to employment/training.

2. The VR Counselor also accepts referrals from schools and other parties for Transition and/or Pre-Employment Transition Services. VR Counselors are also available to consult with private schools and middle schools.

3. VR Counselors are available to participate on Career Development Planning and Individualized Education Plan teams.

B. The Workforce Innovation and Opportunity Act (WIOA) of 2014, affords ORS the opportunity to provide Pre-Employment Transition Services to students with disabilities who have Individualized Education Plans (IEPs) and 504 plans, regardless of application status with ORS. These Pre-Employment Services are provided on a fee-for-service basis and are limited to five focus areas:

1. Job Exploration

2. Work-Based Learning

3. Counseling on Opportunities for Enrollment in Comprehensive Transition or Post-Secondary Educational Programs

4. Workplace Readiness Training

5. Self-Advocacy

C. ORS provides both Transition Services to youth with disabilities and Pre-Employment Transition Services to students with disabilities under the auspices of a Cooperative Agreement between the ORS and RIDE. This Cooperative Agreement enables ORS to locate VR Counselors within each high school in RI and describes:

1. interagency collaboration and coordination

2. pre-employment transition services and transition services

3. consultation and technical assistance

4. transition planning by vocational rehabilitation and educational personnel that facilitates the development and implementation of a student's individualized education program (IEP)

5. outreach to and identification of students with disabilities in need of PRE-ETS and Transition services

6. coordination to satisfy the documentation requirements set forth in section 511 of the Rehabilitation Act

7. assurance that neither the SEA nor the LEA will enter into an arrangement with an entity holding a special wage certificate under section 14(c) of the Fair Labor Standards Act, 29 C.F.R. Part 525, for the purpose of operating a program under which a youth with a disability is engaged in work at a subminimum wage

8. the role and responsibilities of each partner

9. the process for resolving disagreements.

D. VR Counselors provide consultation and technical assistance regarding vocational guidance and counseling, information about related services, employment pathways, labor market information, and consideration of accommodations or Assistive Technology to maximize rehabilitation potential. The VR Counselor will conduct the following activities in the role of liaison to the school:

1. Attend individualized education program (IEP) meetings for eligible and potentially eligible students with disabilities, when invited, pending VR Counselor availability.

2. Attend person-centered planning meetings, when invited and available, for students with significant intellectual disabilities as covered by the Consent Decree, for students receiving services under Title XIX of the Social Security Act (42 U.S.C. § 1396et seq.).

3. Partner with the local workforce development boards, one-stop centers, community rehabilitation providers and employers to develop work opportunities for students with disabilities, including afterschool, summer employment and other employment experiences throughout the school year.

4. Encourage referrals of students with disabilities as early as age 14 for Pre-Employment Transition Services.

5. Provide information about the timeline and application process for vocational rehabilitation services, and participate in yearly state service meetings, so that students and families can make informed decisions about applying for services with the agency.

6. Collaborate with schools, including those carrying out activities under § 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. § 1414(d)(1)(A)(i) (VIII)) to coordinate and ensure the provision of Transition and Pre-Employment Transition Services.

7. Inform and educate students and parents about participation options for Pre-Employment Transition Services vs. applying for services during a prioritization/Wait List Order of Selection period.

8. Attend Transition Advisory Council regional meetings and parent information sessions.

E. Students may be referred to ORS by school district personnel, with the written permission of the student if he/she is at least eighteen years old or the written permission of a parent or guardian if the student is under eighteen years of age.

1. ORS Pre-ETS Referral form, Referral Guidelines, and School Referral Forms are utilized to ensure that all students and families receive accurate and consistent information about the process.

2. The process ensures that VR Counselors receive documentation necessary to verify disability and parental/guardian support for vocational rehabilitation transition and/or pre-employment transition services.

F. This referral to ORS, from the LEA with parental consent, is the first step in the referral process.

1. The VR Counselor then conducts an Intake meeting with the student and family to explain services and the options available to access services. This meeting will provide an opportunity to explore participation in Pre-Employment Transition Services prior to completing an application for services.

2. If ORS is on an Order of Selection, this meeting provides an opportunity to educate the family to the timing of PRE-ETS services vs. applying for services as students are not exempt from being placed on a Wait List after eligibility determination. As Pre-Employment Transition Services are limited to five career and exploration services, this meeting offers the parent and student an opportunity to determine if the student needs will be met through just Pre-Employment Transition Services.

3. The parent and student may elect to complete an application with ORS in order to access more comprehensive services. A student who has applied for services and found eligible has access to services that may vary depending on ORS' Order of Selection and prioritization for services, Additional services could include job coaching, transportation training and assistive technology

G. Students with disabilities are not required to apply or be determined eligible for vocational rehabilitation services before receiving Pre-Employment Transition Services. Students who have provided adequate documentation of their disability, an IEP or 504 Plan, and enrollment in a recognized education program and have elected to apply for services will be able to participate in pre-employment transition services during the process of applying for vocational rehabilitation services.

1. The assigned VR Counselor will discuss vocational rehabilitation services with students and the parent/legal guardian, and encourage interested students to apply within two years prior to graduation in order to facilitate a smooth transition into vocational rehabilitation services and post high school plans.

2. Students, who do not apply for vocational rehabilitation services, may continue to receive access to Pre-employment Transition Services, as long as the criteria of a "student with a disability" is met by the student up to the age of 22.

H. Students who apply, are determined eligible for vocational rehabilitation services, assigned to an open Order of Selection category, and will continue to be designated as Pre-ETS eligible student category, may have Pre-employment Transition Services included on the Individualized Plan for Employment and provided for as long as the individual continues to meet the definition of a "student with a disability."

1. A student applicant who is ready to participate in Pre-employment Transition Services, but does not have a specific vocational goal on the Individualized Plan for Employment, can use a projected goal.

2. The purpose of the services on the IPE will be to assist the student in developing and refining a vocational goal.

3. The plan must be revised to indicate a specific vocational goal prior to graduation from high school.

1.17.12OTHER GOODS AND SERVICES

A. ORS may provide other goods and services determined necessary for the individual with a disability to achieve an employment outcome and are the result of an informed choice decision.

B. The services must be necessary to the determination of an individual's rehabilitation potential, or are provided to those individuals who meet the Order of Selection priority to receive services and are deemed necessary for the customer to achieve an employment outcome.

C. Other goods and services can include but are not limited to: Short-term or emergency financial assistance to an individual to cover occasional or emergency purchases that are not covered under maintenance and will not support an individual's everyday living expenses or substitute for, provide the services of, or become a payment program similar to transitional assistance and other public benefit programs. Other goods and services do not include those services in accordance with 34 C.F.R. § 361.48, incorporated above.

D. Goods and services can be provided only after financial participation has been determined (if applicable), and any comparable benefits available to meet, in whole or in part, the cost of services has been explored, except for eligible customers who receive Social Security disability benefits under Title II or XVI of the Social Security Act (42 U.S.C. § 423et seq.).

1.17.13ADAPTIVE HOUSING SERVICES

A. Adaptive housing is a supportive service provided to an individual with a disability who has an Individualized Plan for Employment (IPE), to enable that individual to have functional access to the primary living quarters where she/he lives and/or in order to leave the house to participate in job placement, training, and competitive integrated employment.

B. ORS may purchase adaptive housing services only if these services are necessary to enable the individual to access to and from the home in order to work.

1. Adaptive Housing Services may include, but are not limited to, the provision of ramps, desks, railings, modifications to doorways, lowering kitchen counter tops, making bathrooms accessible and barrier-free, or any type of lifting device, (e.g., wheelchair lift, stairway chair lift, etc.) As appropriate, the contractor must have the necessary State License through the Department of Labor and Training, Division of Professional Regulation; must be registered with the RI Contractor's Registration and Licensing Board; must meet System for Award Management (SAM) requirements; must be an ORS-approved vendor; must carry appropriate insurance cover; and must submit the proper application for a permit to install.

2. Adaptive housing services do not include, and ORS will not provide architectural modifications:

a. that are not necessitated by disability-related limitations of the eligible individual;

b. that would significantly add to the resale or assessed value of the home;

c. to a new home or a home under construction

d. that add a room or living space to a home currently being renovated or to a recently renovated home unless the renovation was completed before the onset of the impairment;

e. for items considered portable in nature that do not permanently modify the home;

f. When the individual resides in rental or leased property with the following exceptions:

(1) self-help devices such as grab bars and railings or portable ramps or other mechanical or motorized devices may be provided with the written consent of the landlord; or

(2) the owner is a relative, if the owner provides a notarized statement permitting the individual with a disability to reside on the premises for at least ten (10) years;

g. If house is not up to current city building codes and/or is not structurally sound.

h. when property owner is a public entity such as a housing authority or otherwise has a legal obligation to provide accessible housing under provisions of the 7 C.F.R. 1901.203 - Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act.

C. ORS may establish maximum dollar limits for adaptive housing services.

D. Housing adaptations must be performed in accordance with all applicable building codes, specifications and architectural drawings approved by ORS, and in conformance with building trade standards. Equipment devices and installations will conform to all federal and state health and safety standards, and installations will conform to manufacturer specifications. Work will be performed by qualified licensed and insured individuals in carpentry, plumbing, electrical, concrete, related building trades, and mechanical trades.

E. Procurement of all services, goods and supplies will be through a competitive bid process. Services, goods and supplies will be provided at the lowest cost to ORS.

F. Adaptive housing services are subject to a determination of financial participation and consideration of any comparable benefit available to an individual to meet, in whole or in part, the cost of such services.

1.17.14MOTOR VEHICLE MODIFICATION SERVICES

A. Motor vehicle modification services are changes to privately owned motor vehicles that are provided only when necessary to remove impairment related transportation barriers for an eligible individual to achieve a competitive integrated employment outcome. The approved IPE must describe the required vehicle modification service and how the vehicle modification service enables the individual to achieve the employment outcome. Vehicle modification services are subject to a determination of financial participation and to consideration of any comparable benefit available to an individual to meet in whole or in part, the cost of vehicle modification services. ORS may set maximum dollar limits for these services and may periodically review and update those limits.

B. ORS will not provide or purchase:

1. Modifications to a vehicle if the individual owns another vehicle which would meet transportation needs;

2. Modifications to vehicles which do not meet the requirements of state inspection under the R.I. Motor Vehicle Code;

3. Modifications to a vehicle for the purpose of enabling an individual to drive who, in the opinion of the agency after consultation with an agency consultant, is not capable of operating a motor vehicle with reasonable safety due to the individual's disability.

C. ORS will not provide or purchase structural modifications to a van, with or without existing modifications, if an automobile would satisfy the person's need for transportation.

1. Non-structural modifications such as hand controls, steering knobs, left- foot accelerator extensions, etc., may be considered if van transportation is preferred, and no extensive structural modifications are required to make the van accessible to the person with a disability.

D. ORS will not provide structural modifications to a vehicle if the following conditions exist:

1. The full-sized van is more than five (5) years old, or has more than fifty thousand (50,000) miles on the odometer; or

2. Minivan is more than three (3) years old or has more than thirty thousand (36,000) miles on the odometer; or

3. When ORS has previously provided motor vehicle modification services to the same individual; or

4. When the vehicle has previously been modified for another individual or has been modified by the client without the assistance of ORS.

5. The above restrictions do not apply to automobile modifications that are non-structural in nature.

6. The MVMC, with the concurrence of the Administrator, may waive this limitation if the modification is deemed by the coordinator to be appropriate and in conformance with good vocational rehabilitation practice.

7. The vehicle has been determined by a licensed mechanic or VM Engineer to not be in good mechanical and/or structural condition.

E. Responsibilities of the Individual with a Disability

1. ORS will not assume responsibility for the regular or on-going maintenance or repair of vehicles for which it has provided modifications.

2. Insurance on Motor Vehicle Modification - ORS will not repair or replace motor vehicle modifications damaged by accident, vandalism, or fire. The VR Counselor must emphasize to the individual receiving vehicle modification services that s/he must arrange for adequate insurance coverage.

F. Responsibilities of an Approved Vendor

1. Assume responsibility for damage occurring in performance of work and repair such damage at the expense of the contractor;

2. Guarantee work, materials, and equipment to be free from defect for one year from date of acceptance, as described in bid specifications, and guarantee work for high-tech jobs for two years. Should any defects be discovered during the stated period, the contractor must at their expense correct the defect(s), including labor, necessary transportation, and associated fuel costs, Vendors are encouraged to offer extended warranties to ORS-VR clients;

3. Maintain local and state required business licenses;

4. Maintain at a minimum the following insurance coverage levels:

a. Worker's Compensation for all employees;

b. Minimum statutory required automobile insurance;

c. General liability;

d. Hired/Non-Owned Auto Liability; and

e. Garage Liability, including coverage for Premises & Products and Completed Operations Insurance.

G. Equipment

1. ORS will not provide standard equipment or customary optional equipment that is ordinarily available when individual purchases a new vehicle. Such equipment includes, but is not limited to: Automatic transmission; power steering; power brakes; automatic speed control; air conditioning; heavy duty alternators; or power windows.

2. ORS will not purchase or pay for the installation of non-essential equipment, such as: Radios, AM or FM, or other entertainment equipment; burglar alarm systems; or insulation.

3. ORS may provide non-structural modifications to a vehicle. Such modifications include, but are not limited to: VA approved hand controls; wheelchair carriers or trunk loaders; pedal blocks; left foot brake and accelerator pedals; extensions on turn signal and/or shift lever; and electric parking brake.

4. ORS may provide equipment for an eligible individual that is designed to enable them to enter, exit, operate, or be transported in their modified vehicle. This equipment may include: wheelchair securement systems; raised roofs; lowered floors; restraint systems if the factory-installed system is inadequate or inappropriate; modification to the power brake system already purchased; switches or touch pads for secondary controls; wheelchair lift; dual battery system; outside rear-view mirrors; rear end sensors; and other equipment essential for safe entry, exit, and transit in the vehicle.

5. After completion of structural modifications to automobiles or installation of equipment in vans, the installed equipment belongs to the client.

H. Training with Motor Vehicle Modifications

1. In all cases where motor vehicle modifications are provided by the agency to an individual with a disability who will also be the driver, the counselor will ensure that proper training is provided concurrently with the provision of motor vehicle modifications. The counselor will select a vendor licensed to provide driver training who is familiar with the motor vehicle technologies that enable the person with a disability to drive. The MVMC can assist the counselor in selecting the appropriate adaptive driving instructor. The only exception to this procedure is when replacement equipment is provided and the person with a disability is a licensed driver already using the provided adaptive driving equipment.

1.17.15SELF-EMPLOYMENT SERVICES

A. Self-employment is one type of employment outcome clients of ORS may obtain. Self-employment services are services that maximize the client's work, earnings, and financial independence.

B. ORS will complete a thorough evaluation and assessment of the eligible individual's priorities, strengths, resources, concerns, abilities, capabilities, and interests that will contribute to the startup, management, and success of the business over time. A business plan may be required.

C. Start-up and operational costs related to self-employment services are only available for new self-employment ventures. (Refer to §1.17.9 of this Part above)

D. The VR Counselors' role is to provide guidance and counseling and informed choice throughout the assessment of the feasibility of a self-employment goal, planning, and implementation process with the client.

E. Self-employment, a competitive integrated employment outcome, which provides the individual comparable income to individuals who are not individuals with disabilities, self-employed in similar occupations or on similar tasks, and who have similar training, expertise, or skills.

F. Self-employment is not:

1. speculative in nature,

2. a business set up as non-profit,

3. an alternative employment path for an individual's difficulty with supervision and/or co-workers,

4. a way of avoiding issues associated with a positive Bureau of Criminal Identification (BCI) or criminal background,

5. organized as a hobby,

6. utilized to finance existing debt,

7. any form of pyramid sales-based venture, unprofitable in nature, or unlawful enterprises.

1.17.16INDEPENDENT LIVING SERVICES

A. Independent Living Services are any services that will improve the ability of an individual with a significant disability to function, continue to function, or move toward functioning independently.

B. Individuals must be evaluated utilizing a comprehensive Independent Living Assessment showing the client's need for specific independent living services in order to achieve an employment outcome in the competitive labor market. The independent living services must be part of the IPE.

1. Assessments include general independent living assessment, comprehensive independent living/PA assessment, and assessment of equipment or adaptive housing needs.

C. Once a client has met VR eligibility criteria or is in extended evaluation, and specific independent living services have been assessed and are required, and the IPE has been developed, ORS will authorize payment in accordance with existing agency fee schedule.

1. The only exception will be in the case of consumer-directed personal assistance services.

218 R.I. Code R. 218-RICR-50-00-1.17

Amended effective 6/4/2023