Section 281.56.6. Other eligibility and service determinations.

         56.6(1) Achievement of an employment outcome. Any eligible individual, including an individual who is presumed eligible, must intend to achieve an employment outcome that is consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. The DSU is responsible for informing individuals, through the application process for services, that individuals who receive services from the DSU must intend to achieve an employment outcome. The applicant’s completion of the application process for vocational rehabilitation services is sufficient evidence of the individual’s intent to achieve an employment outcome.

         56.6(2) Options for IPE development.

            a.                The DSU will provide information on the available options for developing the individualized plan for employment (IPE), including the option that an eligible individual or, as appropriate, the individual’s representative may develop all or part of the IPE:

             (1)              Without assistance from the DSU or any other entity; or

             (2)              With assistance from:

            1.      A qualified vocational rehabilitation counselor employed by the DSU;

            2.      A qualified vocational rehabilitation counselor not employed by the DSU;

            3.      A representative of DSU under the guidance of a DSU vocational rehabilitation counselor;

            4.      A disability advocacy organization, such as the Iowa client assistance program (ICAP) or Disability Rights Iowa, or any other advocacy organization of the individual’s choosing; or

            5.      A representative through another source that is already working with the individual, such as the individual’s case manager.

            b.                The IPE is not approved or put into practice until it is discussed and reviewed with, revised if applicable, and approved by the vocational rehabilitation counselor employed by DSU.

            c.                The IPE implementation date begins on the date of the DSU counselor’s signature.

            d.                There is no compensation for any expenses incurred while the IPE is developed with any entity not employed by the DSU.

            e.                If the job candidate is not on the DSU waiting list and requires some assessment services to develop the IPE, the job candidate must discuss the needs in advance with the DSU counselor and obtain prior approval if financial assistance is needed from the DSU to pay for the assessment service.

            f.                 If the job candidate requires information from a benefits planner, the DSU can provide or arrange that assistance at any time during the development or implementation of the plan, when the job candidate is off the waiting list.

         56.6(3) Scope of services. Vocational services for eligible individuals not on a waiting list are services described in an individualized plan for employment and are necessary to assist the eligible individual in preparing for, obtaining, retaining, regaining, or advancing in employment if the failure to advance is due to the disability, consistent with informed choice. The services include:

            a.                Assessment for determining eligibility and services needed for an eligible individual to achieve competitive integrated employment including, if necessary, an assessment in rehabilitation technology;

            b.                Counseling and guidance, which is career counseling to provide information and support services to assist the eligible individual in making informed choices about the individual’s future work or career goals;

            c.                Referral and other services to secure needed services from other agencies and through agreements with other organizations and agencies;

            d.                Job-related services to facilitate the preparation for, obtaining of, and retaining of employment to include job search, job development, job placement assistance, job retention services, follow-up services and follow-along if necessary and required under the IPE;

            e.                Vocational and other training services that assist the eligible individual in preparing for work or an occupation identified on the IPE and include the provision of personal and vocational adjustment services, books, tools, and other training materials, except that no training services may be paid for with funds by the DSU unless maximum efforts have been made by the DSU and the individual to secure grant assistance, in whole or in part, or assistance from other sources to pay for such training;

            f.                 Training and training materials as provided according to the fee schedule and the following provisions:

             (1)              The training and books and supplies that are necessary for the job candidate’s satisfactory occupational adjustment.

             (2)              The job candidate has the mental and physical capacity to acquire a skill that the job candidate can perform in an occupation commensurate with the job candidate’s abilities and limitations.

             (3)              The job candidate is not otherwise precluded by law from employment in the job candidate’s field of training.

             (4)              If the costs exceed the fee schedule established for in-state training, individuals deciding to attend a training program outside the state of Iowa may do so at their own expense;

            g.                Physical and mental treatment may be provided to the extent that financial support is not readily available from another source, such as health insurance of the individual or a comparable service or benefit, and said treatment is essential to the progression of the individual to achieve the competitive integrated employment outcome according to the following provisions:

             (1)              The service is necessary for the job candidate’s satisfactory occupational adjustment.

             (2)              The condition causing disability is relatively stable or slowly progressive.

             (3)              The condition is of a nature that treatment may be expected to remove, arrest, or substantially reduce the disability within a reasonable length of time.

             (4)              The prognosis for life and employability is favorable.

         56.6(4) Specific services requiring financial assessment. Financial need must be established prior to provision of certain services at the division’s expense and is evidenced by documents of financial income. Applicants are eligible for physical restoration, occupational licenses, customary occupational tools and equipment, training materials, maintenance and transportation (except transportation for diagnosis, guidance or placement) only on the basis of financial need and when services are not otherwise immediately available or comparable benefits and services are not available. Recipients of SSD/SSI due to their disability who are independent are not subject to a financial needs test for any services but must demonstrate eligibility under subrule 56.6(6) and rule 281—56.8(259), as well as demonstrate need in the IPE under rule 281—56.9(259).

            a.                For the determination of financial need, the job candidate or, in the case of a minor, the minor’s parent or guardian, or family in which the individual resides, is required to provide documentation regarding all family income from any source that may be applied toward the cost of rehabilitation services, except the rehabilitation services of diagnosis, counseling, training and placement, which are provided without regard to financial need; however, the division shall not pay for more than the balance of the cost of the service minus comparable services and benefits and the individual’s documented contribution. A comparable services and benefits search is required for some services. When an individual refuses to supply documentation of family income, the individual assumes 100 percent of the responsibility for the costs of rehabilitation.

            b.                The division shall observe the following policies in making a determination of financial need based upon the findings:

             (1)              All services requiring the determination of financial need are provided on the basis of supplementing the resources of the job candidate or of those responsible for the job candidate.

             (2)              A supervisor may grant an exception in cases where the applicant’s disability caused or is directly related to financial need and where all other sources of money have been exhausted by the applicant or the parents or guardians of a minor applicant.

             (3)              Consideration shall be given to the job candidate’s responsibility for the immediate needs and maintenance of the job candidate’s dependents, and the job candidate shall be expected to reserve sufficient funds to meet the job candidate’s family obligations and to provide for the family’s future care, education and medical expenses.

             (4)              Income up to a reasonable amount should be considered and determined based on the federal poverty guidelines associated with family size, income, and exclusions.

             (5)              General assistance from state or federal sources is disregarded as a resource unless the assistance is a grant award for postsecondary training.

             (6)              Grants and scholarships based on merit, while not required to be searched for as a comparable benefit, may be considered as part of the determination of financial support of a plan when a request beyond the basic support for college is requested. Public grants and institutional grants or scholarships not based on merit are considered a comparable benefit.

         56.6(5) Areas in which exceptions shall not be granted. Pursuant to federal law, an exception shall not be granted for any of the following requirements:

            a.                The eligibility requirements in rule 281—56.5(259) (i.e., presence of disability, substantial impediment to employment, need for vocational rehabilitation services).

            b.                The required contents of the IPE and plan of natural supports.

            c.                Identification of a long-term follow-up provider in supported employment cases.

            d.                Being in employment and in Status 22-0 consistent with federal regulations prior to Status 26-0 closure.

            e.                Time frames, such as the federal requirement that eligibility be determined within 60 days of an individual’s application for services unless the individual has agreed to an extension.

            f.                 Intensive services may be provided only to eligible individuals who are not on a waiting list, except for assessments which will help the division appropriately determine on which waiting list an individual belongs.

         56.6(6) Waiting list. As required by the Act and 34 CFR Section 361.36, if the division cannot serve all eligible individuals who apply, the division shall develop and maintain a waiting list for services based on significance of disability.

            a.                The three categories of waiting lists are as follows, listed in order of priority to be served:

             (1)              Individuals with most significant disabilities;

             (2)              Individuals with significant disabilities; and

             (3)              Other individuals.

            b.                An individual’s order of selection is determined by the waiting list and the date on which the individual applied for services from the division. All waiting lists are statewide in scope; no regional lists are to be maintained.

            c.                Assessment of the significance of an applicant’s disability is done during the process of determining eligibility but may continue after the individual has been placed on a waiting list.

         56.6(7) Individuals who are blind. Pursuant to rule 111—10.4(216B), individuals who meet the department for the blind’s definition of “blind” are to be served primarily by the department for the blind. Individuals with multiple disabilities who also are blind may receive technical assistance and consultation services while the department for the blind provides their rehabilitation plan. Joint cases are served in the Iowa self-employment program and other contracts developed by the DSU.

         56.6(8) Students in high school. The division may serve students in high school who may legally work in competitive integrated environments. If an applicant is in high school and is determined to be eligible for vocational rehabilitation services, such services begin before the student exits the secondary school system. The services shall not supplant services for which the secondary school is responsible and are delivered according to the memorandum of understanding in effect with the department of education.

            a.                When the DSU determines that a student is eligible for services, the student’s place on the waiting list under subrule 56.6(6) shall be determined. If the waiting list category appropriate for the student is a category currently being served, the case record moves to a planning status and the student will work with a counselor, or other DSU representative, to develop an IPE. The student may also work with other representatives of the student’s choosing to assist with the development of the IPE; however, said plan is not in effect until approved and signed by the rehabilitation counselor of record. Otherwise, the case is placed in Status 04-0, and the student’s name is added to the waiting list for that category, based on the student’s date of application. The IPE must be in place as required by federal regulations, unless the student has agreed to an extension or is on a waiting list. The IPE shall be developed in accordance with the standard established by the division and within the time frames established by federal regulations.

            b.                The counselor assigned by the division to work with the student may participate in the student’s individualized education program meetings to provide consultation and technical assistance if the student is on the waiting list for services and received preemployment transition services prior to the decision on eligibility. Once a student is removed from the waiting list, the counselor may also provide vocational counseling and planning for the student and coordinate services with transition planning teams. When such services do not supplant services for which the secondary school is responsible, the division may begin to provide services specifically related to employment, such as supported employment. As needed for the student’s progression toward employment, a student who is in high school or in an alternative high school and has not yet met high school graduation requirements after four years of secondary enrollment may continue to receive services that do not supplant the responsibilities of the high school. A student who is in the student’s final year of high school and has made satisfactory progress and has demonstrated job-specific skills to work in the student’s trained profession may receive assistance in purchasing tools to be used on the job for which the student studied.

[ ARC 2844C , IAB 12/7/16, effective 1/11/17]