reglab/statecodes huggingface dataset:
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.003 - Eligibility and Procedure for Apprenticeship Program Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligibility for registration of an
				apprenticeship program for Federal purposes with the Florida Department of
				Education is conditioned upon a program's conformity with the provisions of
				Chapter 446, F.S., and Chapter 6A-23, F.A.C.
(2) Prior to registration of a program by the
				Department, program sponsors or employers must demonstrate reasonable assurance
				of employment opportunities for training purposes necessary for completion of
				the apprenticeship program by individual apprentices.
(3) Apprentices must be individually
				registered under a registered program. The program sponsor or employer must,
				within forty-five (45) calendar days of selection or hire, file original
				documentation of the Apprenticeship Agreement with the Department's
				Apprenticeship and Training Representative for approval. The apprenticeship
				start date shall be the date OJT or related technical instruction begins,
				whichever comes first, in the apprenticeable occupation for which the
				apprentice is being trained. Nothing herein shall invalidate or cause to
				invalidate any provision in a collective bargaining agreement between employers
				and employees.
(4) The program
				sponsor must notify the Department within forty-five (45) calendar days of
				persons who have successfully completed apprenticeship programs, transfers,
				cancellations of apprenticeship agreements, and a statement of the reasons by
				the program sponsor.
(5) Upon
				approval by the Department, apprenticeship programs shall be accorded
				registration for federal purposes.
(6) Applications for new programs that the
				Department determines meet the required standards for program registration
				shall be given provisional approval for a period of one (1) year. The
				Department must review all new programs for conformity with the requirements of
				this rule at the end of the first year of registration. At that time:
(a) A program that conforms with the
				requirements of this rule -
1. May be made
				permanent; or
2. May continue to be
				provisionally approved through the first full training
				cycle.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.0042 - Work-Based Learning Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose. The purpose of this rule is to provide uniform minimum standards and
				guidelines for determining student eligibility, obligations of employers, and
				requirements of institutions that offer work-based learning
				opportunities.
(2) Definitions. For
				the purpose of this rule, the following definitions shall apply:
(a) "Educational institution" means a
				district school board operated school under Section
				1003.01, F.S., a charter school
				operated under Section
				1002.33, F.S., a school district
				operated career center under Section
				1001.44, F.S., a school district
				operated charter technical career center under Section
				1002.34, F.S., or a Florida
				College System Institution under Section
				1000.21, F.S.
(b) "Employability skill" means a
				non-technical, transferable skill or behavior necessary for success in the
				workforce.
(c) "Employer" means a
				sole proprietorship or a business or organization that hires at least one
				individual, pays the individual a salary or wage, and has the power to control
				the individual's work duties. For the purpose of this rule, an employer may be
				a governmental entity or a private, public, or quasi-public legal entity
				eligible to conduct business in the State of Florida.
(d) "Employer supervisor" means an employee
				of an employer providing a work-based learning opportunity, who supervises a
				student or students participating in a work-based learning
				opportunity.
(e) "Instructor" means
				the employee of the educational institution who is responsible for
				administration of the student's work-based learning opportunity and, if
				applicable, the student's training agreement.
(f) "Student" means a person enrolled in an
				educational institution participating in a work-based learning
				opportunity.
(g) "Technical skill"
				means the applied knowledge and abilities capable of performing tasks required
				of a specific occupation or career field.
(h) "Training Agreement" means the document
				which establishes the roles, responsibilities, and intended outcomes of a
				work-based learning opportunity.
(i) "Work-based learning opportunity" shall
				have the same meaning as defined in Section
				446.0915, F.S. Work-based
				learning opportunities may be on or off campus, paid or unpaid, and credit
				bearing or non-credit bearing. For the purpose of this rule, an apprenticeship
				or preapprenticeship, as defined in Rule
				6A-23.002, F.A.C., is not a
				work-based learning opportunity.
(j) "Work-based learning reflection" means a
				student's reporting of his or her experience during a work-based learning
				opportunity.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.005 - Apprenticeship Agreement

Current through Reg. 50, No. 138; July 16, 2024
The apprenticeship agreement shall contain explicitly or by
				  reference:
(1) Names and signatures of
				the contracting parties (apprentice and the program sponsor or participating
				employer), and the signature of a parent or guardian if the apprentice is a
				minor;
(2) The date of birth and,
				on a voluntary basis, Social Security number of the apprentice;
(3) Name and address of the program sponsor
				and Department;
(4) A statement of
				the occupation for which the apprentice is to be trained, and the beginning
				date and length of apprenticeship;
(5) A statement setting forth a schedule of
				the work processes in the occupation or industry divisions in which the
				apprentice is to be trained and the approximate time to be spent at each
				process and a statement showing:
(a) The
				number of hours to be spent by the apprentice in work on the job in a
				time-based program; or a description of the skill sets to be attained by
				completion of a competency-based program, including the on-the-job training
				component; or the range of hours to be spent by the apprentice and a
				description of the skill sets to be attained by completion of a hybrid program;
				and
(b) The number of hours to be
				spent in instruction in technical subjects related to the occupation, which is
				recommended to be not less than 144 hours per year.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.006 - Deregistration of Department Registered Program

Current through Reg. 50, No. 138; July 16, 2024
Deregistration of a program may be effected either upon the
				  voluntary action of the sponsor by a request for cancellation or upon notice by
				  the Department to the sponsor stating cause and instituting formal
				  deregistration proceedings.
(1)
				Cancellation by request of the sponsor. The Department may cancel the
				registration of an apprenticeship program by a written acknowledgement of a
				request stating, but not limited to, the following:
(a) The registration is canceled at sponsor's
				request and the effective date; and,
(b) Within fifteen (15) days of the effective
				date of the acknowledgement, the sponsor must notify all registered apprentices
				of cancellation and the effective date that will automatically deprive the
				apprentice of individual registration; that the cancellation removes the
				apprentice from coverage for federal and state purposes; and that all
				apprentices will be referred to the Department for information regarding other
				registered apprenticeship programs.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.007 - Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 446.032 FS. Law Implemented
					 446.041(2),
					 446.071,
					 446.081(3)
					 FS.
New 6-9-81, Formerly 38C-16.07, 38C-16.007,
					 38H-16.007, Repealed
					 3-29-11.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.008 - Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1) This section is not applicable to any
				complaint concerning discrimination or other equal employment opportunity
				matters; all such complaints must be submitted, processed, and resolved in
				accordance with provisions of Title 29 C.F.R. Part 30 as incorporated in Rule
				6A-23.004, F.A.C., or provisions
				of the Florida State Plan for Equal Employment Opportunity in Apprenticeship
				which is hereby incorporated by reference (effective June 2019) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10516
).
				A copy of the C.F.R. and the State Plan may be obtained by contacting
				Apprenticeship Programs, Division of Career and Adult Education, Department of
				Education, 325 W. Gaines Street, Tallahassee, Florida 32399.
(2) Except for matters described in
				subsection (1) of this rule, any apprentice, preapprentice, or other affected
				person aggrieved by the alleged failure of any registered program to meet the
				standards established by the Department shall notify the program sponsor within
				thirty (30) calendar days of the alleged failure. The notification must be in
				writing and signed by the complainant, or parent or guardian if a
				minor.
(3) The complaint must be in
				writing and signed by the complainant, or authorized representative, and must
				be submitted within sixty (60) days of the final decision of the program
				sponsor or committee. It must set forth the specific matter(s) complained of,
				together with relevant facts and circumstances. Copies of pertinent documents
				and correspondence must accompany the complaint when submitted to the
				Department.
(4) The Department will
				render an opinion within ninety (90) days after receipt of the complaint, based
				upon such investigation of the matters submitted, as may be found necessary,
				and the record before it. During the ninety-day (90) period, the Department
				will make efforts to effect a satisfactory resolution between the parties
				involved. If so resolved, the parties will be notified that the case is closed.
				Where an opinion is rendered, copies will be sent to all parties. If requested,
				the sponsor may seek an administrative hearing in accordance with the
				provisions of Chapter 120, F.S.
(5)
				Nothing herein shall operate to invalidate any provision in a collective
				bargaining agreement between employers and employees. Any dispute covered by a
				collective bargaining agreement shall be resolved in accordance with the
				procedures and terms provided therein.
Rulemaking Authority
					 446.032,
					 446.041 FS. Law Implemented
					 446.041(2), (4)
					 FS.
New 6-9-81, Formerly 38C-16.08, 38C-16.008,
					 38H-16.008, Amended 3-29-11,
					 6-25-19.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.009 - Reinstatement of Program Registration

Current through Reg. 50, No. 138; July 16, 2024
Any apprenticeship program deregistered pursuant to Chapter
				  6A-23, F.A.C., may be reinstated upon presentation of evidence that the
				  apprenticeship program will operate in accordance with Chapter 6A-23, F.A.C.
				  Such evidence shall be presented to the Department through the Director of
				  Apprenticeship at: 325 West Gaines Street, Room 754, Tallahassee, Florida,
				  32399.
Rulemaking Authority
					 446.032,
					 446.041(13) FS.
					 Law Implemented 446.041(2), (3)
					 FS.
New 6-9-81, Formerly 38C-16.09, 38C-16.009,
					 38H-16.009, Amended 3-29-11,
					 6-25-19.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.010 - Preapprenticeship Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose and
				Scope. Sections 446.011 and
				446.052, F.S., authorize and
				direct the Department to develop uniform minimum standards for
				preapprenticeship programs in apprenticeable occupations, and to assist
				district school boards, college district boards of trustees and registered
				apprenticeship program sponsors in the development of preapprenticeship
				programs. The primary objective of the preapprenticeship program is to provide
				Florida residents with educational and training opportunities to enable them,
				upon completion of preapprenticeship training, to obtain entrance into a
				registered apprenticeship program, based upon the selection criteria
				established by a registered apprenticeship program sponsor.
(2) Definitions. In addition to the
				definitions provided in Rule
				6A-23.003, F.A.C., the following
				definitions are specific to preapprenticeship:
(a) "Preapprentice" means any person sixteen
				(16) years of age or over engaged in any course of instruction in the public
				school system or elsewhere, which course is registered as a preapprenticeship
				program with the Department.
(b)
				"Preapprenticeship Agreement" means a written agreement between the
				preapprentice and the preapprenticeship program sponsor, containing the terms
				and conditions of training and incorporating the registered program standards
				as part of the agreement.
(c)
				"Preapprenticeship Committee" or committee means the same as the registered
				apprenticeship program sponsor's committee, or a group appointed by registered
				apprenticeship program sponsor committees, or their designees.
(d) "Preapprenticeship Program" means an
				organized course of instruction, in the public school system or elsewhere,
				which is designed to prepare a person sixteen (16) years of age or older to
				become an apprentice, and which is approved and registered with the Department
				and sponsored by a registered apprenticeship program. Registered
				preapprenticeship programs shall be part of regular or adult high school
				programs when occurring in a public school system.
(e) "Preapprenticeship Sponsor" means
				registered apprenticeship program(s) authorized to offer preapprenticeship
				training.
(f) "Preapprenticeship
				Standards" means the minimum requirements established uniformly for each craft
				under which a preapprenticeship program is administered and includes standards
				of admission, training goals, training objectives, curriculum outlines,
				objective standards to measure successful completion of the preapprenticeship
				program, and the percentage of credit that may be given to preapprenticeship
				completers upon acceptance into the apprenticeship program.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.011 - Program Performance Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Every registered apprenticeship program must have at least one (1) registered
				apprentice, except for the following specified periods of time, which may not
				exceed one (1) year:
(a) Between the date when
				a program is registered and the date of registration for its first
				apprentice(s); or
(b) Between the
				date that a program graduates an apprentice and the date of registration for
				the next apprentice(s) in the program.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-24 - STATE APPRENTICESHIP COUNCIL › Section 6A-24.001 - Council and Officer Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) As
				used in this rule:
(a) "Chairman" means the
				Commissioner of Education or the Commissioner's designee.
(b) "Department" means the Florida Department
				of Education.
(c) "Registration
				Officer" means the Designee, properly authorized to act on behalf of the
				Department in matters of registering program standards, apprenticeship
				agreements and the general supervision of apprenticeship programs which are
				registered with the Department.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-24 - STATE APPRENTICESHIP COUNCIL › Section 6A-24.002 - Composition of Membership and Length of Service on the Council (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 446.032 FS. Law Implemented
					 446.045
					 FS.
New 5-5-83, Formerly 38C-20.02, Amended 1-9-90, Formerly
					 38C-20.002, 38H-20.002, Repealed
					 2-1-11.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-24 - STATE APPRENTICESHIP COUNCIL › Section 6A-24.003 - Officers and Their Functions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 446.032 FS. Law Implemented
					 446.045
					 FS.
New 5-5-83, Formerly 38C-20.03, Amended 1-9-90, Formerly
					 38C-20.003, 38H-20.003, Repealed
					 2-1-11.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-24 - STATE APPRENTICESHIP COUNCIL › Section 6A-24.004 - Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 446.032 FS. Law Implemented
					 446.045
					 FS.
New 5-5-83, Formerly 38C-20.04, Amended 1-9-90, Formerly
					 38C-20.004, 38H-20.004, Repealed
					 2-1-11.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-24 - STATE APPRENTICESHIP COUNCIL › Section 6A-24.005 - Amendments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 446.032 FS. Law Implemented
					 446.045
					 FS.
New 5-5-83, Formerly 38C-20.05, Amended 1-9-90, Formerly
					 38C-20.005, 38H-20.005, Repealed
					 2-1-11.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.001 - Incorporation by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department adopts and incorporates by reference Title 34, Code of Federal
				Regulations, Part 361 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10265
),
				effective 2016; Title 34, Code of Federal Regulations, Part 363 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10266
),
				effective 2016; Title 34, Code of Federal Regulations, Part 397 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10267
),
				effective 2016; and Title 45, Code of Federal Regulations, Part 1329 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10268
)
				effective 2016.
Rulemaking Authority
					 413.22 FS. Law Implemented
					 413.24
					 FS.
New 5-14-12, Amended
					 2-19-19.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Administrative Review" means the
				informal internal review process to contest a division determination.
(2) "Department" means the Florida Department
				of Education.
(3) "Division" means
				the Florida Division of Vocational Rehabilitation.
(4) "Division determination" means any
				decision that affects the provision of vocational rehabilitation services to
				applicants or eligible individuals.
Rulemaking Authority
					 413.22,
					 1001.02 FS. Law Implemented
					 413.24,
					 413.28,
					 413.30
					 FS.
New 5-14-12, Formerly
					 38J-1.002.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.003 - Informed Choice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 413.22,
					 1001.02 FS. Law Implemented
					 413.208,
					 413.24,
					 413.28,
					 413.30,
					 413.731
					 FS.
New 5-14-12, Formerly
					 38J-1.003, Repealed
					 8-20-17.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.004 - Referral and Application Process

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Representatives, parents, and guardians.
(a)
				Individuals may select a representative. The individual's representative shall
				be included in the vocational rehabilitation process with the consent of the
				individual or when so ordered by a court of competent jurisdiction. The
				signature of an authorized representative shall be valid only if the individual
				or recipient of vocational rehabilitation services expressly designates such
				representative in the presence of the counselor, and such designation is noted
				by the counselor in the individual's records. Documentation shall include a
				consent to release of information to the representative.
(b) Parents or guardians shall be included in
				the vocational rehabilitation process only if the individual with a disability
				is a minor (less than eighteen (18) years old) or pursuant to paragraph (1)(a)
				of this rule.
(c) Guardians shall
				be included in the vocational rehabilitation process only if participation is
				within the scope of the guardianship, or pursuant to paragraph (1)(a) of this
				rule. The signature of a legal guardian on behalf of an individual or recipient
				of services from the division shall be invalid unless it is accompanied by one
				of the following:
1. A court order
				establishing such guardianship, or
2. A statement by the guardian that the
				individual or recipient of services is a minor and the guardian is the natural
				parent and/or legal custodian of the child.
(d) Representatives, parents, or guardians
				included in the rehabilitation process shall receive written notice of all
				division determinations that suspend, reduce or terminate services. They shall
				also be entitled to take part in all meetings between the division and the
				individual receiving services.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.005 - Assessment for Determining Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals must have legal status in the
				United States and be authorized to work. Documents that establish employment
				eligibility and identity must be consistent with forms required by the United
				States Citizenship and Immigration Services.
(2) An individual must be physically present
				in the state to qualify for vocational rehabilitation services if he or she is
				not a resident of the state.
(3) In
				the assessment for determining eligibility and vocational rehabilitation needs,
				the division shall, to the greatest extent possible, use information that is
				available, sufficient, and appropriate for purposes of determining eligibility.
				In instances where the division is funding treatment, existing information may
				be no older than one (1) year.
(4)
				The division shall prepare a preliminary assessment of each applicant that
				shall include:
(a) Identification of any
				barriers to employment for the applicant;
(b) An appraisal of the applicant's
				abilities, functional limitations, and rehabilitation needs;
(c) An initial appraisal of rehabilitation
				technology needs to successfully complete an assessment;
(d) A description of the individual's
				expectations with respect to assistance from the division;
(e) An appraisal of the individual's
				understanding of informed choice regarding the services available from the
				division;
(f) Voter registration
				form completed or declined; and,
(g) Initiation of the eligibility
				assessment.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.006 - Ability to Serve All Eligible Individuals and Order of Selection for Services

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to
				determine the level of significance of the individual's disability, the
				division through a counselor shall identify:
(a) Severe impairments which seriously limit
				one or more functional capacities;
(b) The vocational rehabilitation services
				needed to address those impairments; and,
(c) An estimate of the time that services
				will be provided to reach an employment outcome.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.007 - Individualized Plan for Employment

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Individualized Plan for Employment (IPE) must be developed within 90 calendar
				days of the eligibility determination or activation from the waiting list,
				whichever is later. Meeting the 90-day timeframe is the mutual responsibility
				of the division through its counselor and the individual.
(2) If the IPE cannot be developed within 90
				days due to exceptional and unforeseen circumstances, the individual, or an
				authorized representative of the individual, and the division must agree to a
				specific extension of time.
(3) The
				IPE or IPE amendment must be approved by a supervisor before being signed by
				the counselor. No vocational rehabilitation services proposed under an IPE or
				IPE amendment are effective absent such approval.
(4) The IPE or IPE amendment must describe
				only those services necessary to assist an individual with a disability in
				preparing for, securing, retaining, advancing in, or regaining an employment
				outcome consistent with the strengths, resources, priorities, capabilities,
				interests, and informed choice of the individual.
Rulemaking Authority
					 413.22 FS. Law Implemented
					 413.24,
					 413.28,
					 413.30
					 FS.
New 5-14-12, Amended
					 2-19-19.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.008 - Authorization for Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The division
				shall not pay for goods or services unless such goods or services are listed in
				the Individualized Plan for Employment (IPE) or an amendment thereto, or are
				part of the assessment for determining eligibility and vocational
				rehabilitation needs and:
(a) The goods or
				services were authorized in writing by the division prior to the time they were
				provided; or
(b) The goods or
				services were provided under emergency circumstances subsequent to verbal
				authorization by the division.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.009 - Scope of Vocational Rehabilitation Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Maintenance. Maintenance is defined in
				34 C.F.R. §
										361.5(c)(34). Maintenance
				does not mean support for the discharge of court-ordered obligations or
				indebtedness of any kind incurred prior to or subsequent to an application for
				rehabilitation services.
(2)
				Occupational Licenses, Tools, Equipment and Initial Stocks and Supplies.
(a) Occupational licenses shall include any
				license, permit, or other written authority required by a state, city or other
				governmental unit to enter an occupation or enter self-employment.
(b) Occupational tools shall meet the
				requirements of the employment.
(c)
				The division shall retain the right to provide the individual with previously
				used occupational tools.
(d) If the
				aggregate cost of occupational tools is less than or equal to $1, 000, such
				occupational tools shall become the property of the individual immediately upon
				the purchase thereof. If the aggregate cost of the occupational tools exceeds
				$1, 000, such occupational tools shall become the property of the individual
				upon purchase; however, title and ownership to such occupational tools shall
				revert to the division upon written demand by the division, provided
				circumstances exist justifying the closure of the individual's case for reasons
				other than a successful completion of the Individualized Plan for Employment
				(IPE). When title to such occupational tools reverts to the division, the
				individual who received such occupational tools shall make them immediately
				available to the division.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.010 - Comparable Services and Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 413.22,
					 1001.02 FS. Law Implemented
					 413.24,
					 413.28,
					 413.30
					 FS.
New 5-14-12, Repealed
					 8-20-17.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.011 - Division Determinations, Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrative Review.
(a) An individual may request an
				administrative review when he or she is dissatisfied with and wishes to dispute
				a division determination. The Area Director or his or her designee shall, upon
				request by the individual, conduct the administrative review to facilitate the
				speedy resolution of the dispute.
(b) The individual or his or her authorized
				representative shall have twenty-one (21) calendar days from the date of
				receipt of the notification of determination to inform the division in writing
				of his or her desire for an administrative review. The individual may elect to
				bypass the administrative review and file a petition for an administrative
				hearing. The individual, the individual's representative or Client Assistance
				Program, if representing the individual, may initiate a timely request to
				extend the twenty-one (21) days.
(c) The individual or authorized
				representative may attend the administrative review in person or by
				teleconference and shall have the right to present information relevant to the
				determination.
(d) The Area
				Director or his or her designee shall render his or her decision based upon the
				individual's case file, any information presented by the individual or by the
				division at the administrative review, any other pertinent information, and
				applicable law, regulation, and policy.
(e) The Area Director or his or her designee
				shall render a decision in writing consisting of findings and conclusions
				within five (5) working days of the administrative review.
(f) The individual shall have the right to
				challenge the administrative review decision by timely filing with the Director
				of the division a request for mediation or a petition for an administrative
				hearing within twenty-one (21) days of receipt of the
				decision.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.012 - Confidentiality and Release of consumer Information Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Request for Case Record Amendment.
(a) The division shall accept additional
				information for inclusion in the case record to the extent it determines such
				information to be material to providing or not providing rehabilitation
				services to the applicant or individual.
(b) Any such additional information shall be
				identified as produced by the applicant or individual.
(c) The division shall not alter the existing
				case record in any other way.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.013 - Physical and Mental Restoration Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Medical, psychological, or dental
				consultation shall be required prior to treatment for extraordinary or
				experimental procedures. Consultants may assist the division in:
(a) Interpreting medical, dental, or
				psychological reports;
(b)
				Determining the need for further diagnostics or for confirming the suitability
				of restoration services as recommended by a qualified physician, dentist, or
				psychologist;
(c) Determining
				whether a physical or mental condition is chronic and stable or slowly
				progressive;
(d) Determining the
				implication of the applicant's physical or mental condition for rehabilitation
				potential;
(e) Determining the
				appropriate fees for medical, dental or psychological procedures;
(f) Determining the best option for various
				medical procedures;
(g) Determining
				the most appropriate hospital and the most cost-efficient
				fee.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.014 - Vocational and Other Training Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Training materials. If the aggregate cost
				of training materials purchased by the division is less than or equal to $1,
				000, such training materials shall become the property of the individual
				immediately upon purchase.
(a) If the
				aggregate cost of training materials purchased by the division exceeds $1, 000,
				such training materials shall become the property of the individual upon
				purchase; however, title and ownership to such training materials shall revert
				back to the division upon written demand by the division provided circumstances
				exist justifying the closure of the individual's case for reasons other than a
				successful completion of the employment outcome.
(b) When title to training materials reverts
				to the division, the individual who received such training materials shall
				immediately make the training materials available to be secured by the
				division.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.015 - Building Modifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Building
				modifications consist of alterations to homes, condominiums, apartments, and
				worksite facilities for the purpose of accessibility for individuals with
				disabilities. The division will provide modifications that provide an
				accessible environment, consistent with the Florida Accessibility Code for
				Building Construction, and comply with local and state building
				codes.
(2) Residential
				Architectural Modifications. See Form DVR-002, Home Modification Consumer
				Acknowledgement, as incorporated by reference in Rule
				6A-25.019, F.A.C.
(a) The division may provide a limited range
				of residential architectural modifications if:
1. The modifications are required to achieve
				the employment outcome of an approved Individualized Plan for Employment (IPE);
				and,
2. The modifications can be
				made with conformance to all applicable building codes.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.016 - Rehabilitation Technology Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions.
(a) "Accessible vehicle" means an
				ADA-compliant, original equipment manufacturer vehicle, or an original
				equipment manufacturer vehicle subsequently made ADA-compliant prior to
				delivery, or an existing vehicle as modified to reasonably accommodate an
				individual's needs.
(b) "Driver
				evaluation" means an assessment of an individual's abilities to drive a vehicle
				safely, to determine what training needs exist, and if vehicle modification,
				adaptive equipment or automotive equipment is necessary to enable the
				individual to drive.
(c) "Driver
				training" means instruction to teach an individual to drive a vehicle so that
				the individual will be able to obtain or retain a driver's license.
(d) "Used equipment" means any equipment that
				has previously been sold to an individual or utilized as a demonstration
				product. The division will not purchase used equipment or reimburse any portion
				of costs towards the equipment, where a sale or delivery has occurred prior to
				authorization of services.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.017 - Case Closure

Current through Reg. 50, No. 138; July 16, 2024
(1) A case shall be
				closed when the individual has achieved an employment outcome, is determined
				ineligible, is not available, declines further service, or when the
				individual's actions or inactions materially interfere with providing
				services.
(2) Successfully
				Rehabilitated. For an individual to be considered successfully rehabilitated,
				the individual must have been:
(a) Determined
				to be eligible;
(b) Provided an
				assessment for determining eligibility and vocational rehabilitation
				needs;
(c) Provided services from
				the division in accordance with the Individualized Plan for Employment (IPE);
				and,
(d) Determined to have
				achieved and maintained an employment outcome for at least ninety (90)
				days.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.018 - Recovery from Third Parties

Current through Reg. 50, No. 138; July 16, 2024
(1) It
				shall be the policy of the division to seek reimbursement in full for all funds
				expended for vocational rehabilitation and related services from all parties
				liable therefor under Chapter 413, F.S. Third parties shall include first-party
				insurers and the Social Security Administration.
(2) The division shall seek the recovery of
				monies spent on behalf of an individual from a third party:
(a) Whenever a third party is liable for the
				payment of such services;
(b) From
				the individual if the individual has already received third-party
				payments;
(c) From the provider of
				the services if the provider recovers from the individual or a third party on
				behalf of the individual.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.019 - Forms and Documents

Current through Reg. 50, No. 138; July 16, 2024
The following forms and documents are incorporated by
				  reference into this rule, to become effective October 2019, and may be obtained
				  from the Division of Vocational Rehabilitation, 4070 Esplanade Way, Second
				  Floor, Tallahassee, FL 32399:
(1) Form
				DVR-001, Department of Education, Division of Vocational Rehabilitation,
				Vehicle Modification Consumer Acknowledgment (
http://www.flrules.org/Gateway/reference.asp?No=Ref-00642
),
				(rev. 01/2012);
(2) Form DVR-002,
				Department of Education, Division of Rehabilitation, Home Modification Consumer
				Acknowledgment (
http://www.flrules.org/Gateway/reference.asp?No=Ref-00643
),
				(rev. 01/2012);
(3) Form VRW300,
				Department of Education, Division of Vocational Rehabilitation, Referral to
				Vocational Rehabilitation (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10893
),
				(rev. 05/2019);
(4) Form VRW305,
				Department of Education, Division of Vocational Rehabilitation, Referral to
				Vocational Rehabilitation, Spanish (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10894
),
				(rev. 05/2019);
(5) Form
				DOE/DR-VCMT0007, Subrogation Worksheet (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10895
),
				(rev. 12/2018); and
(6) Form
				DOE/DVR VCMT094, Department of Education, Division of Vocational
				Rehabilitation, Financial Participation Assessment Form (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10896
),
				(rev. 03/2019).
Rulemaking Authority
					 413.22,
					 413.445 FS. Law Implemented
					 413.24,
					 413.28,
					 413.30,
					 413.32,
					 413.445
					 FS.
New 5-14-12, Amended
					 10-1-19.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.020 - Florida Endowment for Vocational Rehabilitation (Direct-Support Organization for Vocational Rehabilitation)

Current through Reg. 50, No. 138; July 16, 2024
(1) The Direct-Support Organization (DSO) of
				the Division shall adopt bylaws.
(2) Bylaw provisions shall include, but are
				not limited to, the following:
(a) Description
				of the DSO, including name and purpose;
(b) Structure and organization;
(c) Prohibited activities;
(d) Board of directors, officers and
				committees;
(e) Meetings and
				quorum;
(f) Fiscal procedure;
				and
(g) Amendment of
				bylaws.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-25 - VOCATIONAL REHABILITATION › Section 6A-25.021 - Service Provider Registration and Quality Assurance Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Participant" means a customer or client
				of the Florida Division of Vocational Rehabilitation (DVR) who meets the
				definition of a 'vulnerable person' in section (s.) 435.02, Florida Statute
				(F.S.).
(b) "Proven Functional
				Systems" means an internal method of a service provider, as defined in s.
				413.20, F.S., for managing and
				storing information that must, at a minimum, track:
1. Participant names;
2. Service provided to each client, including
				dollar amounts for each service type;
3. Start and end date of each service
				provided to each participant;
4.
				Fiscal data that includes information on monetary compensation that DVR has
				paid to the service provider for each participant; and
5. Communication and technical assistance
				received by service provider staff from DVR related to service provision or
				payment.
(c) "Internal
				System of Quality Assurance" means internal procedures that must document the
				effectiveness of each service provided to each participant.
(d) "Due-Diligence Inquiry" means any request
				from DVR to a service provider for information relating to the administration
				and provision of services to each participant and may include on-site
				inspection and observation of service provision.
(e) "Sub-contract" means the provision of
				contractual services pursuant to s.
				287.012, F.S. that is not
				rendered directly by a contractor or its direct employee(s). The hiring of an
				independent contractor by a service provider to complete contracted work or
				services is considered subcontracting.
(f) "Fee-for-Service Provider" means a
				service provider, pursuant to the definition in s
				413.20, F.S., who is actively
				registered with DVR and has an executed Fee-for-Service Provider Contractual
				Agreement with DVR.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › Chapter 6AER23 - Emergency Rule for Year 2023 › Section 6AER23-01 - Required Reporting of SESIR Incidents to Law Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Law enforcement action" means that
			 official action was taken by a School Resource Officer (SRO) or local law
			 enforcement officer in response to a SESIR incident, including but not limited
			 to: an arrest, referral to a civil citation or similar prearrest diversion
			 program authorized by Section 985.12, F.S., or initiation of an involuntary
			 examination authorized by Section 394.463, F.S.
(b) "Reported to law enforcement" means that
			 a school district or charter school communicated with a School Resource Officer
			 (SRO) or other law enforcement agency or official about an incident. Reporting
			 to law enforcement may not always result in law enforcement action being
			 taken.
(c) "School district" or
			 "district" means a Florida school district, the Florida Virtual School (Section
			 1002.37, F.S.), the Florida
			 School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental
			 Research (Laboratory) Schools (Section
			 1002.32, F.S.). All reporting
			 requirements in this rule also apply to charter schools, pursuant to Section
			 1002.33(16)(b)10., F.S.
(d) School
			 Environmental Safety Incident Reporting" or "SESIR" means the required
			 reporting by school districts and charter schools of disruptive or criminal
			 incidents to the Florida Department of Education, as prescribed in Rule
			 6A-1.0017, F.A.C, School
			 Environmental Safety Incident Reporting (SESIR), and Rule
			 6A-1.0014, F.A.C, Comprehensive
			 Management Information System.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › Chapter 6AER23 - Emergency Rule for Year 2023 › Section 6AER23-02 - District Threat Management Coordinator Designation and Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "School district" or "district" means a
			 Florida school district, the Florida Virtual School (Section
			 1002.37, F.S.), the Florida
			 School for the Deaf and the Blind (Section
			 1002.36, F.S.), Developmental
			 Research (Laboratory) Schools (Section
			 1002.32, F.S.), and charter
			 schools sponsored by a university or Florida College System institution
			 (Section 1002.33(5),
			 F.S.).
(b) "Threat Management"
			 means the process by which schools identify individuals exhibiting threatening
			 or other concerning behavior, assess the risk of harm, and coordinate
			 appropriate interventions and services for such individuals, as provided in s.
			 1006.07(7),
			 F.S.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6B - Education Practices Commission › Chapter 6B-1 - CODE OF ETHICS OF THE EDUCATION PROFESSION IN FLORIDA › Section 6B-1.001 - Code of Ethics of the Education Profession in Florida (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 229.053(1),
					 231.546(2)(b)
					 FS. Law Implemented 231.546(2)(b)
					 FS.
New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended
					 8-12-81, 7-6-82, Formerly 6B-1.01, Transferred to
					 6A-10.080.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6B - Education Practices Commission › Chapter 6B-1 - CODE OF ETHICS OF THE EDUCATION PROFESSION IN FLORIDA › Section 6B-1.006 - Principles of Professional Conduct for the Education Profession in Florida (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 229.053(1),
					 231.546(2)(b)
					 FS. Law Implemented 231.546(2),
					 231.28
					 FS.
New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended
					 8-10-92, 12-29-98, Transferred to
					 6A-10.081.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6B - Education Practices Commission › Chapter 6B-4 - PROFESSIONAL SELECTION, ASSIGNMENT, CONTINUANCE, TRANSFER AND DISMISSAL › Section 6B-4.009 - Criteria for Suspension and Dismissal (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 229.053(1),
					 231.546(2)(a),
					 (b) FS. Law Implemented
					 231.36(4)(c),
					 231.546(2)
					 FS.
New 12-25-66, Amended 9-8-68, Repromulgated 12-5-74,
					 Amended 8-12-81, 4-5-83, Formerly 6B-4.09, Transferred to
					 6A-5.056.
Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6B - Education Practices Commission › Chapter 6B-4 - PROFESSIONAL SELECTION, ASSIGNMENT, CONTINUANCE, TRANSFER AND DISMISSAL › Section 6B-4.010 - Instructional Personnel Assessment Systems (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 229.053,
					 231.29 FS. Law Implemented
					 230.23(5)(c),
					 231.29
					 FS.
New 6-19-01, Transferred to
					 6A-5.030.