218 R.I. Code R. 218-RICR-50-00-1.4

Current through December 3, 2024

Section 218-RICR-50-00-1.4 - DEFINITIONS

A. For the purpose of these regulations, except as provided below, the following terms have the following meanings:

1. "Agency" means the Office of Rehabilitation Services.

2. "Applicant" means an individual who applies for the VR Program in accordance with 34 C.F.R. § 361.41(b)(2), incorporated above.

3. "Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed-captioned videos, specialized telecommunications services and audio recordings, Brailed and large-print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

4. "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.

5. "Assistive technology services" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.

6. "Clear and convincing evidence" means that the designated state unit will have a high degree of certainty before it can conclude that an individual is incapable of benefiting from services in terms of a competitive integrated employment outcome.

7. "Client assistance program" means the program located within the Disability Rights Rhode Island (DRRI) for the purpose of advising applicants or eligible individuals about all available services under the Rehabilitation Act of 1973 (29 U.S.C § 701et seq.), as amended, and to assist applicants and eligible individuals in their relationship with programs, projects, and facilities providing services for the Vocational Rehabilitation Program in accordance with 34 C.F.R. Part 371.

8. "Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more vocational rehabilitation services to individuals with disabilities to enable them to maximize their opportunities for employment, including career advancement, in accordance with 34 C.F.R. § 361.5(c)(7)(1), incorporated above.

9. "Consent decree" means a 2013 Consent Decree between the Department of Justice and the State of Rhode Island which have requirements about integrated work experiences, minimum wage employment and competitive employment as expectations of Rhode Island as an Employment First state.

10. "Comparable services and benefits" means services and benefits, including accommodations and auxiliary aids, that are provided or paid for in whole or in part, by other Federal, State, or local public agencies.

11. "Competitive integrated employment" means work in the competitive labor market that is performed on a full-time or part-time basis (including self-employment) in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage; and that benefits are paid by the employer for the same or similar work performed by individuals who are not disabled in accordance with 34 C.F.R. § 361.5(c)(9), incorporated above. It can also include customized employment consistent with the above definition.

12. "Competitive earnings" means the hourly wage is equal to or greater than the local minimum wage, is comparable to the customary rate paid by the employer for similar positions, and includes the benefits afforded other employees.

13. "Department" means the Department of Human Services (DHS).

14. "Direct school costs" means expenses of tuition, fees, books, room, board, and other materials included in course syllabus.

15. "Durable medical equipment" means equipment prescribed by a physician with a shelf life of more than a year designed to overcome the functional limitations imposed by a disability.

16. "Economic need" means the determination made by the Office of Rehabilitation Services of the extent an individual with a disability and/or his/her family will contribute to the cost of vocational rehabilitation services, once similar benefits if available have been applied to the cost of such services in accordance with 34 C.F.R. § 361.54, incorporated above.

17. "Eligible individual" means an applicant for the VR Program who meets the eligibility requirements of 34 C.F.R. § 361.42(a), incorporated above.

18. "Employment outcome" means, with respect to an individual, entering in, advancing in, or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market; supported employment; or any other type of employment in an integrated setting including self-employment, telecommuting, or business ownership that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

19. "Evaluation of vocational rehabilitation potential" means a process of identifying an individual's strengths, abilities, and vocational interests in terms of competitive integrated employment.

20. "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 in accordance with 34 C.F.R. 361.5(c)(19), incorporated above.

21. "Family member" means, in accordance with 34 C.F.R. § 361.5(c)(22), incorporated above, either an individual who is a relative or guardian of an applicant or eligible individual or lives in the same household and who has a substantial interest in the well-being of that individual and for whom receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an competitive integrated employment outcome.

22. "Impartial hearing officer" means an individual trained in mediation, with no conflict of interest, who has no personal, professional, or financial interest that would be in conflict with the objectivity of the presenting issue. An individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer.

23. "Independent living services" means any services that will improve the ability of an individual with a significant disability to function, continue to function, or move toward functioning independently.

24. "Individual with a disability" means any individual who has a physical/emotional/intellectual impairment that results in a substantial impediment to employment and who can benefit, in terms of an employment outcome, in an integrated competitive setting, from vocational rehabilitation services.

25. "Individualized plan for employment" means a written employment plan, developed and implemented by a qualified Vocational Rehabilitation Counselor and an eligible individual, that identifies an employment goal and the services needed to reach that goal; the entity/entities that will provide these services; and the methods available for procuring these services.

26. "Informed choice" means a decision-making process whereby the individual with a disability analyzes relevant information and selects, with the assistance of a qualified Vocational Rehabilitation Counselor, a vocational goal, and associated services to accomplish that goal.

27. "Integrated setting" means an employment setting typically found in the community in which individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services, to the same extent that non-disabled individuals in comparable positions interact with other persons.

28. "Mediation" means the act or process of using an independent third party to facilitate resolution between parties who have differences or disputes prior to pursuing formal administrative remedies, (i.e., Impartial Due Process Hearing); and must be conducted in accordance with requirements in 34 C.F.R. § 361.57(d), incorporated above, by a qualified and impartial mediator as defined in § 361.5(c)(43).

29. "Mental restoration" means the diagnosis and treatment for emotional or mental disorders prescribed and provided by qualified personnel in accordance with state law to enable an individual to achieve a competitive integrated employment outcome.

30. "Office of Rehabilitation Services" or "ORS" means the State agency overseeing the State VR program.

31. "On-the-job training" or "OJT" means a method of learning skills on the job needed for a specific vocation with the instruction delivered by the employer at the worksite.

32. "Order of selection" means the priority system the Vocational Rehabilitation Program uses when the program does not have enough resources to assist everyone who is eligible for services.

33. "Physical restoration" means diagnostic and corrective or therapeutic services prescribed and provided by qualified personnel in accordance with state licensing laws, in which service is likely to correct or substantially modify the limitations arising from a stable or slowly progressive physical disability to enable the individual to achieve a competitive integrated employment outcome.

34. "Post-secondary training" means education provided by a degree or 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).

35. "Pre-employment transition services" means services provided to students with disabilities ages 14 to 22 who have Individualized Education Plans (IEPs) or 504 plans, regardless of application status or type of disability, that are limited to five focus areas:

a. job exploration counseling;

b. work-based learning;

c. counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs;

d. workplace readiness training to develop social skills and independent living; and

e. self-advocacy.

36. "State" means the State of Rhode Island.

37. "Student with a disability" means a student who meets all of the following criteria in accordance with 34 C.F.R. § 361.5(c)(51), incorporated above:

a. is at least 14 but no older than 22 years of age;

b. has a disability as evidenced by medical documentation, a copy of an IEP or 504 plan;

c. has confirmation of enrollment as a student in a secondary school, including home school and alternative school programs or post-secondary education;

d. has evidence of participation in adult basic education program leading to such nationally recognized credentials as a GED or high school diploma;

e. has evidence of enrollment in a state, nationally, or industry recognized certificate program leading to a credential such as Commercial Driver's License Certification, Microsoft Certification, Certified Nursing Assistant. Qualified documentation may include IPE, 504 Plan, report card, college registration receipt or other documentation from the educational program.

38. "Supported employment program" means a program that assists adults and youths with the most significant disabilities to obtain the supports, skills and experiences needed to attain, maintain, or advance in competitive integrated employment.

39. "Supported employment services" means ongoing support services, including customized employment, and other appropriate services needed to support and maintain an individual with a most significant disability, in supported employment.

40. "Transition services" means a coordinated set of activities for a student or youth with a disability, designed within an outcome-oriented process that promotes movement from school to post-school activities, including post-secondary education, vocational training, career exploration, competitive integrated employment, supported employment, continuing and adult education, adult services, independent living, and/or community participation in accordance with 34 C.F.R. § 361.5(c)(55), incorporated above.

41. "Trial work experience" means a process used to determine if an individual with a disability is unable to benefit from vocational rehabilitation services in terms of a competitive integrated employment outcome because of the severity of the individual's disability.

42. "Vocational rehabilitation services" means any goods or services necessary to assist an individual with a disability in preparing for, securing, retaining, advancing in, or regaining a competitive integrated employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

43. "Vocational training" means 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.

44. "Youth with a disability" means an individual with a disability; that is not younger than 14 years of age; and not older than 24 years of age. There is no requirement that a "youth with a disability" be participating in an education program. The distinction between the definitions of "student with a disability" and "youth with a disability" is critical for purposes of the various authorities for providing transition related services, including Pre-Employment Transition Services.

218 R.I. Code R. 218-RICR-50-00-1.4

Amended effective 6/4/2023