Arkansas Administrative Code › Agency 172 - Department of Career Education › Rule 172.00.18-004 - ARS Field Services Policy Manual

Current through Register Vol. 49, No. 6, June, 2024
I.
INTRODUCTION
LEGISLATION
This manual is based on:
* State and Federal statutes
* Federal and State regulations
* Combined State Plan for Vocational Rehabilitation Services
WORKFORCE INNOVATION OPPORTUNITY ACT OF 2014
WIOA is designed to strengthen and improve the nation's public
	 workforce development system by helping Americans with barriers to employment,
	 including individuals with disabilities, achieve high quality careers, and by
	 helping employers hire and retain skilled workers. Title IV of WIOA amended
	 title I of the Rehabilitation Act of 1973.
HISTORY AND CURRENT LEGISLATION
Rehabilitation Act of Arkansas - Arkansas Code Annotated §
								25-30-201
Arkansas Rehabilitation Services - Arkansas Code Annotated §
								20-79-207
Rehabilitation Act Amendments of 1998 -
	 29 U.S.C. §
									701 et. seq.
State Vocational Rehabilitation Services Program - 34 C.F.R. Part
	 361
Workforce Investment Act of 1998 -
	 20
	 U.S.C. §
									9201 et. seq.
Individuals with Disabilities Education Act -
	 20 U.S.C. §
									1400 et. seq.
Americans with Disabilities Act-
	 42 U.S.C. §
									12101 et. seq.
Civil Rights Act of 1964 -
	 42
	 U.S.C. §
									2000d et. seq.
Arkansas Workforce Investment Act of 1998 - Arkansas Code Annotated
	 § 15-4-2201
Other Federal and State laws
PURPOSE
Arkansas Rehabilitation Services (ARS) receives a federal grant from
	 the Rehabilitation Services Administration (U.S. Department of Education,
	 Office of Special Education and Rehabilitative Services) to operate a
	 comprehensive, coordinated, effective, efficient and accountable program
	 designed to assess, plan, develop, and provide vocational rehabilitation
	 services for individuals with disabilities, consistent with their strengths,
	 resources, priorities, concerns, abilities, capabilities, and informed choice,
	 in order to prepare for and engage in gainful employment.
	 34
	 C.F.R. §
									361.1
PUBLIC ACCESS TO ADMINISTRATIVE POLICY
Combined State Plan
- This multi-year plan contains a
	 collaborative description of Arkansas Rehabilitation Services (ARS), Arkansas
	 Department of Workforce Services (ADWS), Adult Education (AE), and Arkansas
	 Division of Services for the Blind (DSB). This multi-year plan seeks input from
	 the public and others designated by the Workforce Innovation Opportunity
	 Act.
Rehabilitation Council
- The Council partners with ARS on a
	 regular and on-going basis by providing advice on the development,
	 implementation and amendments to the State plan, policies and procedures
	 pertaining to vocational rehabilitation services. The Council is Governor
	 appointed consisting of individuals with disabilities, family members,
	 advocates, vocational rehabilitation counselor, and representatives from parent
	 training center, Client Assistance Program, business, industry and labor. The
	 Commissioner serves as a non-voting member.
	 34 C.F.R. §
									361.17
Policy Promulgation Process
- Arkansas Administrative
	 Procedures Act requires ARS to receive public input on policies and
	 procedures.
Arkansas Independent Living Council (AILC)
- ARS works
	 jointly with the AILC in the development and implementation of a statewide
	 Independent Living State Plan.
II.
REFERRAL, APPLICATION, AND
  ASSESSMENT
REFERRAL (STATUS 00)
Arkansas Rehabilitation Services (ARS) will receive referrals from any
	 source.
Eligibility requirements will be applied without regard to the person's
	 sex, race, age, creed, color, or national origin. No group of individuals will
	 be excluded or found ineligible solely on the basis of type of
	 disability.
ARS will provide outreach to underrepresented and under-served
	 individuals in seeking referrals from non-profit and for profit agencies
	 serving minorities, owned or controlled by minorities, and medical
	 professionals who serve the minority community. ARS does not impose a residence
	 duration requirement. 29 U.S.C § 19 (b.) §361.42(C)
LEGAL AND ILLEGAL IMMIGRANTS
Illegal immigrants (individuals in the U.S. without legal status) are
	 not eligible for VR Services.
Legal immigrants are individuals admitted to this country for the
	 purpose of permanent residence. Immigrant aliens must possess a valid
	 Registration Card issued by the United States Citizenship Immigration Service
	 (USCIS) before they can be determined eligible for VR services.
Non-immigrant aliens are individuals admitted to this country for a
	 particular purpose and time period, and are expected to return to their home
	 country upon completion of the specified purpose or time period. This group
	 includes:
* Visitors for business or pleasure;
* Crew of vessels or aircraft;
* Representatives of international organizations;
* Ambassadors, public ministers, and career diplomatic or consular
	 officers; and
* Students pursuing a course of study (most common visas: "Fl" and
	 "Jl"; no work authorized except work related to the applicant's academic
	 program).
The immigrant applicant must be available to complete the IPE, which
	 includes suitable employment in the United States. When completion cannot be
	 expected, the applicant is not eligible for services.
To determine whether services can be provided, request alien
	 status evidence (usually a temporary Residence Card I-94). Note whether work is
	 permitted under the visa.
Immigrants who are part of the Amnesty Program receive a letter stating
	 that they are not eligible for Federal Financial Assistance. ARS programs are
	 not considered Federal Financial Assistance, so services may be provided if the
	 individual is otherwise eligible.
Status 00 is used when an individual has been referred to VR and the
	 minimum information has been obtained. The individual has not actually
	 requested services in this status. No money may be spent in this status.
PROCEDURES-REFERRAL (STATUS 00)
* Referral sources will be cultivated and considered partners in our
	 communities.
* A referral will be keyed into the case management system using the
	 demographics and referral specifics forms, which moves a client into a program
	 of Status 00.
* The counselor will create a Status 00 ECF that includes all
	 information received, the case management system printout, and case note of
	 action taken.
* The counselor will attach into the system all information received at
	 the time of receipt which is deemed pertinent to initiating the case. The
	 counselor will create a case note of action taken within the case management
	 system.
* Within 30 (from VR Management Review Form) days, the individual will
	 be contacted and provided directions and information to prepare the individual
	 to consider making an application.
* To expedite the application process, the individual will be provided
	 a client handbook, and will be instructed to gather current information
	 (medical, psychological, educational, vocational, SSI & SSDI and insurance
	 verification).
* Verification of alien status. (See legal and Illegal Alien
	 above.)
* The individual will be given an appointment and a contact person, or
	 information to contact the Agency for an appointment.
* If the individual does not wish to receive VR services but needs work
	 related services, the counselor will provide information and referral sources
	 using an appropriate means of communication.
* Document in the case note the specific action taken.
Note: If an individual with a primary disability of blindness or
	 visual impairment is referred for services, the individual will be referred to
	 Division of Services for the Blind. ARS may serve individuals with blindness or
	 visual impairment as a secondary disability.
Note: Cases reported/referred by the State Office/Governor's
	 Office/Legislators. The counselor will immediately (or no more than three (3)
	 working days) report findings and opinions to the Manager who will report to
	 the Chief of Field Services. This response will be in writing.
APPLICATION (STATUS 02)
An individual is considered an applicant and placed in Status 02 when
	 sufficient information to initiate an assessment is received, through written
	 application or other method, and the individual is available to complete the
	 assessment process. If the individual definitely requests to make application
	 or requests services, the individual is placed in Status 02 regardless of
	 method of request, (including in-person, written, telephone, e-mail or
	 internet)
Note: Referrals on Application forms from One-Stop Workforce Centers
	 will be accepted as an application for Rehabilitation Services and placed in
	 Status 02.
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, and no additional demonstration on the part of
	 the applicant is required.
34
	 C.F.R. §
									361.42(i)(ii)
PROCEDURES - APPLICATION
* Referrals on One-Stop applications will be placed in Status
	 02.
* The counselor or rehabilitation assistant will complete the ARS
	 application. (See Appendix E)
* The counselor or rehabilitation assistant will secure a copy of the
	 Social Security Card and driver's license or picture identification, and if
	 applicable, a copy of the alien registration.
* Secure a copy of proof of insurance, if applicable.
* Informed Consent if under age 18.
* Complete voter registration form or decline form, if
	 applicable.
* The individual will be provided the ARS Client Handbook.
* The counselor will discuss the agency's Substance Abuse Free Policy
	 with the applicant and give the applicant a copy of the Policy. (See Appendix
	 F)
* The applicant will acknowledge receipt of the Policy by signing the
	 ARS Substance Free Policy Form. The form will be placed in the individual's
	 file. (See Appendix F)
* (See Section X)
* Explanation of CAP/DUE PROCESS
* For each source where information is needed, the counselor will
	 complete the Authorization for Release of Information Form and secure client's
	 signature. (See Appendix E-24)
* Begin collecting existing data (medical, psychological, psychiatric,
	 educational, or vocational reports and, if appropriate, SSI/SSDI verification.)
	 Appropriate information will be attached into the case management system as it
	 is received.
INFORMED CHOICE -APPLICATION
ARS will assure that applicants and eligible individuals or, if
	 appropriate, their representatives are provided information and support
	 services to assist them in exercising informed choice throughout the
	 rehabilitation process. The counselor will inform each applicant and eligible
	 individual through appropriate modes of communication about the availability of
	 support services for individuals with cognitive or other disabilities who
	 require assistance in exercising informed choice in decisions related to the
	 application process. Applicants will be given information, or assistance in
	 acquiring the information, to assist in making an informed choice concerning
	 vendors who provide services needed to establish eligibility for VR services.
	 Counselor judgment and experience must be used to provide the appropriate
	 information or, assistance in acquiring the information, to enable the
	 applicant to make a responsible decision regarding the application process and
	 program of services. A responsible decision is one that is realistic
	 considering the unique strengths, resources, priorities, concerns, abilities,
	 capabilities, and interests of the applicant that must lead to an employment
	 outcome.
	 34
	 C.F.R. §
									361.42
PROCEDURES - INFORMED CHOICE - APPLICATION
* The counselor will maintain a local, regional and statewide list of
	 vendors who provide services needed to establish eligibility of VR
	 services.
* To the extent available, the counselor will provide or assist the
	 applicant in acquiring consumer satisfaction surveys and reports regarding the
	 service providers.
* The counselor will provide or assist the applicant in acquiring
	 accreditation, certification, or other information relating to the
	 qualifications of the providers.
* The counselor will describe the consequences of assessment outcomes
	 and the effect on the potential eligibility for services for the
	 applicant.
* The counselor will document in the case note the specific action
	 taken in the above procedures to assure that informed choice was
	 provided.
* The counselor must be aware of the Ticket to Work Program. If the
	 individual is an SSI/SSDI recipient, the counselor must follow guidelines
	 outlined in Ticket to Work in Appendix B.
* Complete initial case note.
* Documentation of the need for an extension of time to determine
	 eligibility must be made in the case notes. The counselor must document the
	 specific period of time for the extension. If needed, under the Heading of
	 60-Day Extension in the case note record the dates of the Extension and
	 specific reasons for the need for an extension of time to determine
	 eligibility.
CONFLICT OF INTEREST
Counselors should make every effort to avoid dual relationships that
	 could impair their professional judgment or appear as a conflict of interest.
	 Examples of dual relationships include close friends and relatives as consumers
	 or prospective vendors in the community. If an applicant by virtue of address
	 or day of application or by alphabet, etc., is routinely assigned to a
	 counselor with whom the individual already has a close relationship, the
	 counselor should advise the Manager of the relationship. The Manager will
	 review the circumstances and determine if another counselor within the office
	 should serve the case or if referral to another office should be made. ARS
	 policy requires disclosure of any possible conflict of interest or the
	 appearance of a conflict of interest and documentation of the action taken by
	 the Manager should be placed in the ECF.
PROCEDURES - CONFLICT OF INTEREST
* Document any potential conflict of interest.
* Complete the form Disclosure of Possible Conflict of Interest. (Refer
	 to Appendix E)
* Document action taken in the case note.
ASSESSMENT
Preliminary Diagnostic Study
ARS will conduct an assessment to determine eligibility and, if an
	 Order of Selection is in effect the individual's priority for services.
	 Assistive technology services will be provided if required to complete the
	 assessment. This assessment will be conducted in the most integrated setting
	 possible, consistent with the individual's needs and based on the individual's
	 informed choice. 34. C.F.R. § 361.42
In order to determine whether an individual is eligible for vocational
	 rehabilitation services and the individual's priority under an order of
	 selection for services (if ARS is operating under an Order of Selection), ARS
	 must conduct an assessment for determining eligibility and priority for
	 services. The assessment must be conducted in the most integrated setting
	 possible, consistent with the individual's needs and informed choice.
The counselor will review existing data before determining what type of
	 assessment is needed. Based upon counselor judgment, additional assessment may
	 be necessary if the existing data is unavailable, insufficient or inappropriate
	 in describing the current functioning of the individual. Trial work
	 experiences, assistive technology devices and services, personal assistance
	 services and other appropriate support services necessary to determine whether
	 and individual is eligible for services will be provided.
PRESUMPTIVE ELIGIBILITY FOR SSDI/SSI RECIPIENTS
Any applicant who has been determined eligible for Social Security
	 benefits under Title II or Title XVI of the Social Security Act is presumed
	 eligible in accordance with the provisions under ARS Policy and Procedure
	 Manual, Section III, SSDI/SSI Eligibility. No further assessment is necessary
	 for eligibility. 34. C.F.R. § 361.42
If an applicant for vocational rehabilitation services asserts that he
	 or she is eligible for Social Security benefits under title II or title XVI of
	 the Social Security Act (and, therefore, is presumed eligible for vocational
	 rehabilitation services under paragraph (a)(3)(i)(A) of this section), but is
	 unable to provide appropriate evidence, such as an award letter, to support
	 that assertion, ARS must verify the applicant's eligibility under title II or
	 title XVI of the Social Security Act by contacting the Social Security
	 Administration. This verification must be made within a reasonable period of
	 time that enables the State unit to determine the applicant's eligibility for
	 vocational rehabilitation services within 60 days of the individual submitting
	 an application for services in accordance with §361.41 (b)(2). Assessments
	 for Eligibility are completed to determine the following:
1. The applicant has a physical or mental
  impairment.
2. The impairment
  results in a substantial impediment to employment.
3. A presumption that the applicant can
  benefit from receiving VR services in terms of an employment outcome.
4. The applicant requires VR services to
  prepare for, enter into, engage in, or retain gainful employment consistent
  with the applicant's strengths, resources, priorities, concerns, abilities,
  capabilities, and informed choice.
  34
  C.F.R. §
									361.42(a)
Prior to the determination that an individual with a significant
	 disability is incapable of benefiting from VR services in terms of an
	 employment outcome due to the severity of the disability, the Agency will
	 provide the opportunity for Trial Work Experience/Extended Evaluation to
	 demonstrate whether or not there is clear and convincing evidence to support
	 the determination.
Assessments for determining eligibility and priority for Order of
	 Selection are exempt from economic needs assessment.
PROCEDURES - ASSESSMENT
* The counselor will gather information (i.e., medical, psychological,
	 psychiatric, educational or vocational reports) documenting diagnosis, i.e.,
	 with limitations of functional capacities. Priority must be given to existing
	 information.
* The counselor should secure a signature from the applicant or their
	 representative on the agency Request for Release of Information form in order
	 for reports to be obtained from specific sources. Examples of medical
	 information that should be requested include specialist reports, medical and
	 psychological reports, high school transcripts, and ACT scores.
* If existing reports do not describe the current functioning of the
	 individual, the counselor may purchase copies of additional medical records,
	 request consultation with the RIDAC consultant, authorize diagnostic services,
	 or refer and applicant for diagnostic services through the Agency support until
	 (RIDAC) exercising informed choice. (See Appendix B Access and
	 Accommodations)
* If the case is to be closed at any time during the assessment
	 process, refer to Closed Not Rehabilitated Before/During Evaluation. (Section
	 VIII)
INFORMED CHOICE -ASSESSMENT
ARS will assure that applicants and eligible individuals or, if
	 appropriate, their representatives are provided information and support
	 services to assist them in exercising informed choice throughout the
	 rehabilitation process. The counselor will inform each applicant and eligible
	 individual through appropriate modes of communication about the availability of
	 and opportunities to exercise informed choice, including the availability of
	 support services for individuals with cognitive or other disabilities who
	 require assistance in exercising informed choice in decisions related to the
	 assessment process. Applicants will be given information, or assistance in
	 acquiring the information, to make an informed choice of vendors who provide
	 assessment services needed to establish eligibility for VR services.
Counselor judgment and experience must be used to provide the
	 appropriate information, or assistance in acquiring the information, to enable
	 the individual to make a responsible decision regarding the assessment process
	 and the program of services. A responsible decision is one that is realistic,
	 considering the unique strengths, resources, priorities, concerns, abilities,
	 capabilities, and interest of the individual and that must lead to an
	 employment outcome.
	 34 C.F.R. §
										361.52
PROCEDURES - INFORMED CHOICE - ASSESSMENT
* The counselor will maintain a local, regional and statewide list of
	 vendors who provide assessment services needed to establish eligibility for VR
	 services.
* To the extent available, the counselor will provide, or assist the
	 applicant in acquiring consumer satisfaction surveys and reports regarding the
	 service providers.
* The counselor will provide, or assist the applicant in acquiring
	 accreditation, certification, or other information relating to the
	 qualification of the providers.
* The counselor will describe the consequences of assessment outcomes
	 and the effect on the potential eligibility for services for the
	 individual.
* The counselor will make referrals to other consumer, local consumer
	 groups, or disability advisory councils who have relevant information regarding
	 the appropriate assessment.
* The counselor will document in the case note the specific action
	 taken in the above procedures to assure that informed choice was
	 provided.
TRIAL WORK EXPERIENCE (STATUS 06)
The purpose of the trial work experience is to enable the counselor to
	 make a decision when the counselor questions whether the applicant can or
	 cannot work due to the severity of disability. The trial work experience is
	 only used in this instance. The decision is based on a determination of the
	 work potential of the individual through realistic work settings. The counselor
	 must conduct an exploration of the individual's abilities, capabilities, and
	 capacity to perform in realistic work situations.
The exploration during the trial work experience makes the
	 determination that either:
(1) There is
  sufficient evidence to conclude that the individual can benefit from the
  provision of vocational rehabilitation services in terms of an employment
  outcome; or
(2) There is clear and
  convincing evidence* that the individual is incapable of benefiting from
  vocational rehabilitation services in terms of an employment out come due to
  the severity of the individual's disability.
Trial work experiences include supported employment, on-the-job
	 training, and other experiences using realistic work settings. The counselor
	 must develop a written plan to periodically assess the individual's capacity to
	 perform in work situations, which must be provided in the most competitive
	 integrated setting possible, consistent with the informed choice and
	 rehabilitation needs of the individual.
*Note: Clear and convincing evidence
means a high degree
	 of certainty before concluding that an individual is incapable of benefiting
	 from services in terms of an employment outcome. The "clear and convincing"
	 standard constitutes the highest standard used in our civil system of law and
	 is to be individually applied on a case-by-case basis. The term clear means
	 unequivocal. For example, the use of an intelligence test result alone would
	 not constitute clear and convincing evidence. Clear and convincing evidence
	 might include a description of assessments, including situational assessments
	 and supported employment assessments, from service providers who have concluded
	 that they would be unable to meet the individual's needs due to the severity of
	 the individual's disability. The demonstration of "clear and convincing
	 evidence" must include, if appropriate, a functional assessment of skill
	 development activities, with any necessary supports, including assistive
	 technology, in real life settings.
	 34
	 C.F.R. §
											361.42
An Applicant may choose closure rather than enter or continue in either
	 Trial Work Experience. ARS must provide assistive technology devices and
	 services, personal assistance services, and other appropriate support services
	 that are necessary to determine whether an individual is eligible.
Termination of Trial Work Experience services must occur at any point
	 if a determination is made that:
1)
  Sufficient evidence concludes the individual can benefit from VR services in
  terms of an employment outcome.
2)
  Clear and convincing evidence concludes the individual is incapable of
  benefiting from VR services in terms of an employment outcome due to the
  severity of the disability.
  34
  C.F.R. §
											361.42(d)
Clear and convincing evidence is also in Appendix D,
	 Definitions.
The Trial Work Plan (TWP) will include only those services necessary to
	 determine an employment outcome. Services must be provided in the most
	 integrated setting possible and be consistent with informed choice.
The individual's progress will be assessed at least once every
90
	 days.
PROCEDURES - TRIAL WORK EXPERIENCE
* Complete a Certificate of Eligibility/lneligibility for Trial Work
	 Experience.
* The counselor must be aware of the Ticket to Work Program. If the
	 applicant is eligible under "presumptive eligibility," the counselor must
	 follow guidelines outlined in Ticket to Work in Appendix B.
* Write and TWP consistent with Informed Choice.
* The case management system will generate the case note and status
	 move after required data us keyed for Status 06.
* The TWP for trial work/extended evaluation (status 06) is to be
	 reviewed every 90 days. The counselor and the individual must complete a
	 periodic review of the rehabilitation plan every 90 days to assess the
	 individual's progress. The Amendment to the TWP will be completed to document
	 the periodic review.
* When a decision of work feasibility or non-feasibility is made, the
	 appropriate action of case closure or case acceptance is taken in accordance
	 with informed choice. (Refer to Closure Section VII or Eligibility Section
	 III)
* The case management system will only allow 18 months for the case to
	 remain in the Trial Work Experience. The Federal Regulations allow for an
	 adequate period of time to make an eligibility determination in Status
	 06.