justicedao/ipfs_state_laws huggingface dataset:
582-100-0040 Waitlist during Order of Selection (1) The Program shall maintain a single, statewide waiting list to track eligible individuals, who are not receiving full Program services under an Order of Selection, consistent with the provision of services described in OAR 582-100-0011. (2) The eligible individual on the waiting list shall be responsible for ensuring their contact information is kept current with the Program. (3) The Program shall notify an eligible individual when they are selected from the waiting list. (a) Contact with the eligible individual shall be in the manner most appropriate to the manner that the individual requests. (b) If an individual is eligible to be removed from the waiting list, and the Program is unable to locate that individual for service, the Program shall follow the process required for being unable to contact a program participant under the Programs Notice of Proposed Action. (c) An individual who fails to respond to an invitation to move off the waiting list during an Order of Selection is entitled to notice of the Program’s determination and dispute resolution rights to challenge that determination, as described in OAR Chapter 582, Division 20. (d) If the individual is contacted to initiate services and is not ready to begin working with the Program, the counselor shall assist the individual to make an informed decision about how to proceed. The counselor and participant must determine whether to move forward with vocational rehabilitation services. (A) To remain eligible for services, the individual must be available to participate in services and be interested and willing to participate in competitive integrated employment. (B) If the individual is not willing or able to participate in services when contacted, the individuals file shall be closed, and the client is eligible to reapply for services at a later date. (C) Information and referral shall be provided to any individual who exits the Program because they were not ready to participate when notified during the Order of Selection. (D) The Program shall not hold a spot on the waiting list nor alter a client’s number on the waiting list. Waiting list order is determined by priority category and application date only. (e) An individualized plan for employment must be written in 90 days from when the individual’s name is removed from the Order of Selection waiting list unless the Vocational Rehabilitation counselor and the individual agree to an extension. (f) A closed case service file shall not be reopened. There are no exceptions. Statutory/Other Authority: ORS 344.540 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025 VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025 VRS 5-2020, amend filed 06/01/2020, effective 06/08/2020 VRS 2-2009, f. & cert. ef. 3-27-09 VRS 5-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09 VRS 2-2005, f. 4- 20-05, cert. ef. 7-1-05 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 3-1991, f. & cert. ef. 9-11-91 VRD 3-1980, f. & cert. ef. 7-2-80
582-115-0005 Definitions (1) "Career counseling for limitation on subminimum wage" means a service provided by the Program or its contractor that: (a) Pertains to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decision making, placement skills, and knowledge and understanding of local, state, and national occupational educational, and labor market needs, trends and opportunities; and (b) Assists individuals with disabilities in making and implementing informed educational and occupational choices. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0010 General provisions (1) The Program shall support placement of Program clients only in work that is competitive integrated employment. (2) The Program shall assure that career counseling and information and referral shall be available to individuals known by the Program: (a) An individual with a disability may become "known" to the Program through self-identification by the individual with a disability, referral by a third-party (including an entity as defined in 34 CFR §397.5(d)), through the individual's involvement with the vocational rehabilitation process, or any other method: (A) Who are working at less than the federal minimum wage, or, (B) Who are youths with a disability, known to be considering pursuing employment paying less than the federal minimum wage. (b) These individuals shall not be required to be, or have applied to be, a Program participant. (c) If the individual is a current Program participant, or has applied to the Program, they shall receive limitation on subminimum wage services if they wish to remain in subminimum wage employment while working with the Program. (d) Limitation on subminimum wage services shall be based on vocational rehabilitation counseling strategies that facilitate informed choice. (e) These services shall be provided twice in the first year of employment at subminimum wage and annually thereafter. (3) The Program may employ contractors to provide limitation on subminimum wage services. (a) The contractors shall be chosen only through the Oregon Department of Administrative Services (DAS) and Department of Human Services (DHS) contracting process. (b) The services shall not be provided by an entity. (4) Individuals who are not Program participants shall receive an Oregon Vocational Rehabilitation Brochure. Referral to other Federal, State, and local resources shall be provided as applicable to each individual. (5) All individuals shall receive Client Assistance Program (CAP) information to guide them if they have a grievance regarding this specific vocational rehabilitation service. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0015 Services to individuals of any age who are employed at a subminimum wage (1) The Program shall provide career counseling and information and referral to individuals with disabilities regardless of age, or the individual's representative as appropriate, who are known by the Program to be employed at a subminimum wage. (2) Career counseling and information and referral services may include benefits planning materials and information. (3) The Program shall upon referral of an individual with a disability employed at subminimum wage by an entity with fewer than 15 employees: (a) Inform the individual about self-advocacy, self-determination, and peer mentoring training opportunities in the community; (b) Provide the information within 30 days of the referral by the entity. (4) Required services shall: (a) Be carried out once every six months for the first year of subminimum wage employment; (b) Be carried out annually after the first year, for the duration of such employment. (c) The applicable intervals shall be calculated based upon the date the individual becomes known to the Program. (5) The Program shall provide documentation to the individual: (a) No later than 45 calendar days after completion of service; or 90 days with extenuating circumstances. (b) Documentation shall contain: (A) Name of the individual; (B) Description of service; (C) Name of the provider of the required service or activity; (D) Date required service completed; (E) Signature of individual; documenting completion of service; (F) Date of signature; (G) Signature of Program personnel transmitting documentation to the individual; and (H) Date and method of transmittal to individual. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0020 Refusal to participate in a required activity (1) When the individual refuses to participate in a required activity, documentation of that refusal shall be provided within 10 calendar days and shall at a minimum contain: (a) Name of the individual; (b) Description of the refusal including reason for refusal; (c) Signature of the individual or individual’s representative; (d) Signature of Program personnel documenting the individual’s refusal; (e) Date of signatures; and (f) Date and method of transmittal of documentation of refusal to the individual. (2) The Program shall retain a copy of all documentation in a manner consistent with the Program’s case management system. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0030 Semi-annual and annual review in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act (1) The Program shall conduct semi-annual review and reevaluation for the first two years of such employment and annually thereafter in accordance with the requirements in paragraph (2) of this section for an individual who has a record of service as either an applicant or eligible individual under the Program; who: (a) Has achieved employment in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act; or (b) Is in extended employment including those individuals whose record of service is closed while the individual is in extended employment on the basis that the individual is unable to achieve competitive integrated employment or the individual made an informed choice to remain in extended employment. (2) For each individual who meets the criteria in paragraph (1), the Program shall semi-annually review and reevaluate the status of each individual for two years after the individual’s record of service is closed, and annually thereafter, to: (a) Determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive integrated employment; and (b) Enable the individual, or if appropriate, the individual’s representative to provide input into the review and reevaluation and shall document that input in the record of services, with the individual’s or, as appropriate, the individual’s representative’s signed acknowledgement that the review and reevaluation have been conducted, and (c) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services to assist the individual in engaging in competitive integrated employment. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0050 Documentation of service completion for youth seeking subminimum wage employment (1) The Program shall provide documentation of services within 45 days after completion of the activity or service; or 90 days if extenuating circumstances make the extra time necessary. The documentation shall be given to the youth in an accessible format. (2) Such documentation shall, at a minimum include: (a) Youth’s name; (b) Determination made including summary of reason for the determination or description of service or activity completed; (c) Name of the individual making the determination or provider of the required service or activity; (d) Date determination made or required service or activity completed; (e) Signature of the Program or educational personnel making determination or documenting completion of required service or activity; (f) Date of signatures; (g) Date and method by which document was transmitted to the youth. (3) The Program shall provide documentation of services that shall include, if available: (a) For a student, completion of appropriate pre-employment transition services, in accordance with 34 CFR §361.48(a), and, (b) Completion of transition services, as documented and provided by appropriate school official, and, (c) Application to the Program, and, (d) The Program’s eligibility determination, and (e) Career counseling and information and referral regardless of eligibility determination, and (f) An approved individualized plan for employment (IPE) for those determined eligible, and (g) The individual’s Program case record showing either successful rehabilitation or that a reasonable period of time was utilized in attempt to achieve the employment outcome. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0060 Youth or representative refusal to participate (1) If a youth or, as applicable, the youth’s parent or guardian, refuses to participate in the required activities, the documentation shall at a minimum, include: (a) The Youth’s name; (b) Description of the refusal and reason for such refusal; (c) Signature of the youth or youth’s parent or guardian; (d) Signature of Program or educational personnel documenting the youth’s refusal; (e) Date of signatures; and, (f) Date and method by which documentation was transmitted to the youth. (2) Documentation required when a youth refuses to participate in required activities shall be provided within 10 calendar days of the youth's refusal to participate. (3) When transmitting documentation of the final determination or activity completed, the Program shall provide a coversheet that itemizes each of the documents that have been provided to the youth. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-115-0070 Limitations on use of subminimum wage activities (1) A youth with a disability shall receive documentation that they have completed requirements prior to beginning subminimum wage employment. (2) Anyone currently employed at subminimum wage shall receive documentation of receipt of limitation of subminimum wage services to remain in that employment. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020
582-150-0015 General Provisions for Students and Youth with Disabilities in Transition (1) The Program shall use best practices (OAR 582-001-0010 (11)) to serve students and youth with disabilities, including those with the most significant disabilities, who are in transition. (2) To accomplish this, the Program shall collaborate with the Oregon Department of Education and local education agencies. (3) General provision of pre-employment transition services (Pre-ETS) to students with disabilities, and pre-employment transition services coordination activities is: (a) Governed by the Program’s rules and procedures; (b) Made available to all students with disabilities who may need them statewide; and (c) In accordance with: (A) State and federal law and regulation; and (B) The statewide Memorandum of Understanding developed between the Oregon Department of Education and the Department. (4) Outreach to and engagement of families. (a) The Program shall inform school transition programs, students, and families about Program services. (b) Outreach to and engagement of families shall be provided through local Program branches and services through contracts and interagency agreements with school districts and community-based service providers. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020
582-150-0030 Pre-Employment Transition Services The Program shall provide pre-employment transition services to all students with disabilities who may need and request them. (1) Students with disabilities shall not be required to apply or be determined eligible for Program services before receiving pre-employment transition services. (2) The Program shall provide pre-employment transition services to students with disabilities who: (a) Are eligible for an individual education plan (IEP), or have a documented disability, or is an individual with a disability under Section 504 under the Act; and (b) Age 14 to 21, in school, and participating in a secondary or post-secondary school leading to recognized credentials. (c) Have been determined by the Program to need such service, and those services are not customarily provided by their school of attendance. (3) The Program shall arrange for or provide pre-employment transition required activities to students who request specific services. Students may not receive all services depending on their individualized needs. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020
582-150-0040 Program application and eligibility for students and youth (1) A student with a disability may receive pre-employment transition services (Pre-ETS) before applying for individualized services from the Program. (2) A student with a disability who needs individualized services from the Program, in addition to pre-employment transition services, in order to access pre-employment transition services, or stand-alone services, shall apply and be determined eligible for the Program. (3) The Program application and eligibility determination requirements and process shall be the same for all Program applicants, including students and youth with disabilities. (4) Every student and youth, regardless of the severity of their disability, is presumed able to benefit in terms of an employment outcome from Program services. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020
582-150-0045 Individualized Plan for Employment (IPE) for student or youth (1) An individualized plan for employment (IPE) for an eligible student or youth with a disability shall: (a) Contain a description of the employment goal or may include a description of the individual’s projected post-school employment and include educational goals which support the employment goal; (A) The employment goal must be consistent with the general goal of competitive integrated employment; and (B) Include the specific transition services and supports needed by the student or youth for the achievement of the employment goal or projected post-school employment goal; and (C) Be developed as early as possible and no later than 90 days after determination of eligibility. (b) Align the individualized plan for employment with the individualized education program or 504 services plans for the individual in terms of goals, objectives, and services identified in the education program; and (2) Any pre-employment transition services a student with a disability receives shall be included in the individualized plan for employment as a part of the individualized plan for employment. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020
582-150-0055 Pre-employment transition coordination activities (1) Pre-employment transition coordination activities include: (a) Attending individualized education plan (IEP) meetings, when invited; (b) Working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities; (c) Working with schools to coordinate and ensure the provision of pre-employment transition services; and (d) Attending person-centered planning meetings for students with disabilities receiving Medicaid services, when invited. (2) The Program shall carry out pre-employment transition coordination activities: (a) Attend individualized education program meetings for students with disabilities, when invited; (b) Work with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships; (c) Work with local education agencies, including carrying out activities under section 614(d) of the Individuals with Disabilities Education Act (IDEA), to coordinate and ensure the provision of pre-employment transition services under 34 CFR §361.48(4)(a); (d) When invited, attend person-centered planning meetings for individuals receiving Medicaid services; (e) Pre-employment transition coordination activities may be tracked to a specific student. Program staff may attend individual education program or person-centered planning meetings for students whom they have not yet received a referral or application for services and join to provide basic information. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020
582-150-0065 Program service records for students receiving pre-employment transition or transition coordination services (1) Program service records about participants in pre-employment transition services shall include: (a) Date of birth; (b) Race and ethnicity; and (c) Verify disability by: (A) Medical documentation signed by a medical provider; or (B) A copy or receipt of an individualized education plan (IEP) or 504 Plan verified by the Oregon Department of Education or attestation by qualified school personnel that the individual is a student with a disability; or (C) Work with families of a student to verify medical documentation of disability for any student not reported by the local education agencies. (d) Pertinent and available school-based assessment information, or an individualized educational plan; (e) Verify enrollment as a student in a secondary, postsecondary, or other educational program; (f) Student identification number, if available; (g) Information about their previous employment related experiences in and out of school, if any; and (h) Documentation of any pre-employment transition services participation shall: (A) Describe a documented need to include which of the five required services the student receives; (B) The start date; (C) Provided directly by Program staff or purchased; and, (D) If purchased, the cost of the required activity. (i) Document parental or guardian’s consent to participate in pre-employment transition services for any minor student not legally emancipated. (2) This documentation does not constitute an application for Program services as in OAR Division 50 Referral, Application, and Eligibility for Vocational Rehabilitation Services. (3) The Program shall store service records for pre-employment transition services in the Program’s electronic case management system. (4) Non-identifying information may be used in research projects by the Program to improve services to students and youth with disabilities. Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025 VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020