Arkansas Administrative Code › Agency 003 - DEPARTMENT OF COMMERCE › Division 24 - Division of Services for the Blind › Rule 003.24.21-002 - Division of Services for the Blind Vocational Rehabilitation Policy Manual

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1 -
General Requirements
1.1
INTRODUCTION
The principles and guidelines presented in this chapter extend
				over all Division of Services for the Blind (DSB) policies.
The following principles generally apply to DSB consumers and
				potential consumers:
* Timeliness of services, decisions, and notifications
* Nondiscriminatory availability of services
* Confidentiality of consumer files
* Informed choice (See DSB Policy Chapter 2)
* Allowances for exemptions to policy limitations under
				reasonable extenuating circumstances
* An opportunity to appeal decisions regarding to their planned
				services or their eligibility for such services
1.2
LEGISLATIVE BASIS
The Rehabilitation Act of 1973, as amended by the Workforce
				Innovation and Opportunity Act (WIOA) is the federal law that became effective
				in 2014 and replaced the Workforce Investment Act. Title IV of the WIOA law and
				34 C.F.R. § 361 pertain to the requirements for the Vocational
				Rehabilitation program.
1.3
CONFIDENTIALITY
All DSB staff are responsible for ensuring that personal
				information regarding applicants and recipients of services furnished to this
				agency are held confidential. This includes information such as lists of names
				and addresses; records of agency evaluation; reports of medical examination and
				treatment; financial information; and photographs.
1.3.1
Release of Information
Release of information to any individual, agency, or
				organization shall be conditioned upon satisfactory assurance by such
				individual, agency, or organization that the information will be used only for
				the purpose for which it is provided, and it will not be released to any other
				individual, agency, or organization. Information will not be disclosed, other
				than in the administration of the VR program, unless the informed consent of
				the consumer has been obtained in writing. Any release of information must be
				in accordance with
				34 CFR §
												361.38.
Upon written request, information shall be released to the
				consumer, or, as appropriate, the parent/guardian or other
				representative.
For purposes regarding any proceeding or action for benefit or
				damages, only information that is relevant to the needs of the consumer may be
				released.
If DSB has obtained personal information from another agency or
				organization, it may be released only by the other agency or organization from
				which it originated.
1.4
COMPETITIVE INTEGRATED
			 EMPLOYMENT
All individuals working with the vocational rehabilitation
				program must intend to achieve a competitive integrated employment outcome. The
				requirements for competitive integrated employment are as follows:
* The job must be in an integrated environment.
* The individual's supervision and level of involvement and
				interaction with others should be comparable to non-disabled employees
				performing the same or similar work in businesses typically found in the
				community. This means the individual interacts with others with and without
				disabilities while performing the duties of the job within the work unit and
				worksite. This is not based on a ratio of nondisabled employees, but rather
				interaction with non-disabled coworkers and customers.
* The level of integration of some work environments, including
				enclaves and mobile work crews, must be reviewed on a case-by-case basis, as
				one situation may be non-integrated while another seemingly similar situation
				is integrated.
* The individual must be receiving competitive earnings.
* The individual must be receiving a wage that is comparable to
				the prevailing wage for work performed at that location and must not be below
				the minimum wage set in that location. The individual's level of training,
				skills, and experience must be considered when determining if the individual is
				being compensated at a level comparable to individuals without disabilities
				working in a similar position.
* The rate of pay is based on the local prevailing wage of the
				job consistent with wages paid for comparable work in the community. Minimum
				wage is not the default starting wage.
* The individual must have an opportunity for advancement
				similar to other employees.
* The individual must be provided the equal potential for
				raises in pay, paid vacation, sick leave, and insurance benefits as other
				employees without disabilities who work for the employer.
* Opportunities for advancement are not limited to a promotion
				to more advanced positions. They can also include increased job
				responsibilities or increased work hours.
If there is any indication the individual's employment may be
				non-competitive or non-integrated, the Counselor must determine the following
				information through consultation with the individual and the employer:
* The nature of the work and duties the individual is
				performing;
* The level of interaction the individual has with others who
				have and do not have disabilities;
* The wage the individual is receiving; and
* The opportunities for advancement available.
After consultation with the individual and employer, the
				Counselor will determine whether or not the individual is in competitive
				integrated employment.
Documentation that supports the determination must be in the
				case record.
1.5
NONDISCRIMINATION
Referrals or applicants will not be excluded from applying for
				services or be found ineligible for services on the basis of: race, age, sex, ,
				color, or national origin, type of expected employment outcome, source of
				referral, particular service needs or anticipated cost of services, income
				level of the applicant or their family, applicant's employment history or
				current employment status, applicant's educational status or current
				educational credential.
1.6
REASONABLE ACCOMMODATIONS
Accommodations shall be provided, as needed, during the
				vocational rehabilitation process to enable individuals to participate in their
				services to the fullest extent possible. Accommodations may include aids,
				devices, services, and technology. DSB must use comparable benefits if they are
				available to the individual at the time needed to ensure progress towards the
				employment outcome towards the cost of any accommodations., If the required
				accommodations are not available to the individual at the time needed to ensure
				progress towards an employment outcome specified in the Individualized Plan for
				Employment (IPE), then DSB must provide the accommodations until the comparable
				benefits become available. More about accommodations can be found in DSB Policy
				Chapter 7, Section 504 of the Rehabilitation Act, and the Americans with
				Disabilities Act.
1.7
FOREIGN LANGUAGE AND SIGN LANGUAGE ACCESS
The Rehabilitation Services Administration (RSA) requires that
				consumers receive information through appropriate modes of communication that
				are accessible to and preferred by them. Therefore, DSB must provide foreign
				language interpretation and translation services, including sign language
				interpretation, to consumers if the individual cannot access the VR program
				without that service. If available, only certified interpreters will be
				used.
1.8
NOTIFICATION OF RIGHTS
Consumers, including potentially eligible students with a
				disability, will be notified of their rights including the availability of the
				Client Assistance Program (CAP) and the manner in which a mediator or impartial
				hearing officer may be selected throughout the Vocational Rehabilitation (VR)
				process. The consumer or representative must be notified of their rights in
				writing at each of the following times:
* During their application or intake
* When the individual is assigned to a priority category in
				Order of Selection
* When a determination of ineligibility for services is
				made
* When an Individualized Plan for Employment (IPE) or Pre-ETS
				Service Agreement is developed or amended
* When DSB decides to initiate a reduction, suspension, or
				termination of any services being provided under an IPE or Pre-ETS Service
				Agreement
1.8.1
Client
			 Assistance Program
While the applicant or eligible consumer may at any time call
				the following numbers, it is encouraged that they first pursue the agency's
				informal appeal process. The numbers are:
* The Division of Services for the Blind's toll-free number
				1-800-960 -9270
* Client Assistance Program's toll-free number 1-800-482
				-1174
1.9
STATE RESIDENCY/OUT OF STATE INDIVIDUALS
Individuals are not required to be Arkansas residents or to
				show documentation of residency to receive an eligibility determination or
				services. However, individuals must be present in Arkansas and be available to
				receive and participate in services. Examples of being present in Arkansas, but
				not a state resident, may include postsecondary students and migrant
				workers.
When an individual moves out of state after their
				Individualized Plan for
Employment (IPE) is developed and approved, it may be
				advantageous for the individual to continue receiving services from DSB
				if:
* The individual plans to return to Arkansas; or
* The provision of services would be jeopardized if the
				individual applied for services in the other state (e.g. through order of
				selection delays or unique state policies).
There may be times when it would be beneficial for the
				individual to apply for services in their current state of residence:
* If the individual desires regular access to face-to-face
				communication with a rehabilitation counselor; or
* If the IPE requires extensive coordination of
				services.
In these situations, DSB can coordinate services with other
				state vocational rehabilitation agencies. It is important to ensure both states
				are not providing the same services.
There are times when individuals come from out of state to
				attend World Services for the Blind. It may be to the individual's benefit to
				apply for services at DSB, especially if they plan to stay in the state after
				finishing their program.
1.10
LEGAL RESIDENCY AND
			 CITIZENSHIP
DSB does not require an individual to have legal residency or
				citizenship in order to apply for services and receive an eligibility
				determination. However, individuals who apply for vocational rehabilitation
				services must intend to achieve a competitive integrated employment outcome.
				The other conditions of eligibility required by policy must be met. (See DSB
				Policy 1.9, above, and 4.3.1)
1.11
KNOWLEDGE OF LAWS
DSB staff will keep current in their knowledge of state and
				federal laws that affect consumers. DSB staff must comply with all state and
				federal laws, rules, and regulations, including state purchasing
				requirements.
DSB staff who have reasonable cause to believe a child, elderly
				person, or person with a disability is being abused, neglected or exploited are
				mandatory reporters and shall report the information. For individuals in a
				facility, the incident is to be reported to the authority having responsibility
				for the facility. For other situations, the local office of Adult Protective
				Services (State Abuse Hotline 1-800-482 -8049) will be notified if the
				individual is an adult; if the individual is a child, then Child Protective
				Services (Child Abuse Hotline 1-800-482 -5964) will be notified.
1.12
ALLOWABLE COSTS AND
			 COST EFFECTIVENESS
All rehabilitation services must be provided in the most
				cost-effective manner possible, consistent with the individual's needs and
				informed choice. The cost must be allocable, allowable, reasonable, and
				necessary. This means the cost must be necessary for the performance or
				administration of the vocational rehabilitation program, follow sound business
				practices, follow procurement processes, be prudent under state and local laws,
				with fair market prices, be in accordance with informed choice as outlined in
				34 C.F.R. §
											361.52, and fall within the terms of the
				vocational rehabilitation grant award. This includes using comparable benefits
				when applicable (See DSB Policy 6.9).
DSB must not place absolute dollar limits on specific service
				categories or on the total cost of services provided to an individual. Staff
				must comply with the established fee schedules and rates put in place for goods
				and services.
1.13
DUAL CASE FILES WITH OTHER VOCATIONAL REHABILITATION AGENCIES
In the unique circumstance where the specific expertise of
				another vocational rehabilitation agency is necessary to best meet the needs of
				an individual, there can be a dual case file. DSB has a dual service agreement
				with Arkansas Rehabilitation Services that uses a team approach with consumers
				who have disabilities in addition to blindness or visual impairment.
The expectation in any dual case situation is that there will
				be sufficient communication between the vocational rehabilitation counselors
				involved from each agency to prevent duplication of services and funding on the
				IPE. When a counselor determines that a consumer has a case with another
				agency, they must notify Quality Assurance of the dual case. Quality Assurance
				will then coordinate with the other agency to assign one unique identifier to
				the participant for both agencies on all federal reports. This will ensure both
				agencies correctly identify the participant to RSA and correctly include them
				in all performance measures.
When a participant must be contacted for supplemental wage
				information, each agency will send their form to the consumer at the
				appropriate time after closure. It is possible that the case will close at
				different times for each agency, and this will allow both agencies to track
				their participant's performance measures as needed. When supplemental wage
				information is received by the agency for a shared consumer, the agency will
				provide a copy of that information to the other agency for federal reporting
				purposes.
If the individual has a Ticket to Work, both vocational
				rehabilitation agencies may seek cost reimbursement from the Social Security
				Administration (SSA).
Reimbursement payments will not be made more than once for the
				same service or cost. This is per 20 CFR 404, Subpart V. See RSA Technical
				Assistance Circular titled Provision of Vocational Rehabilitation Services to
				an Individual by More Than One Agency.
1.14
TIMELINESS
DSB staff must assure that all individuals who are referred to,
				apply for, or receive vocational rehabilitation services are responded to in a
				timely manner. Timeliness will be defined individually, based on individual
				needs and readiness for services. This includes:
* Respond to emails and phone calls within one business day of
				receiving or within one business day of returning to the office;
* Documented contact with individuals at least every 45
				days;
* Contact all referrals within one business day to schedule the
				orientation contact;
* Contact all newly assigned cases, including case transfers,
				within five business days of the assignment;
* An orientation meeting conducted by the vocational
				rehabilitation counselor completed within 10 days from the date of
				referral;
* Eligibility completed within 60 days of application;
* Extensions must follow DSB Policy 4.2.4
* Weekly contact with individual during the comprehensive
				assessment period;
* IPE developed within 90 days of eligibility; and o Extensions
				must follow DSB Policy 6.3.2
* Authorizations processed and paid within 90 days of being
				issued, unless documented, extenuating circumstances apply.
1.15
QUALITY SERVICES
It is intended that consumers of this agency receive the
				quality services necessary and appropriate to the achievement of their
				vocational goal . DSB will strive to maximize the potential for consumers to
				prepare for, obtain, retain, and advance in high-quality jobs and high demand
				careers.
1.16
REPRESENTATIVES
A representative means a person designated by an individual, by
				law, or by the court system to represent the individual in any matter
				pertaining to a request for or receipt of rehabilitation services. Types of
				representation of the individual may include:
*
Parent(s)
- For minors under 18 years of age, as
				long as there are no other court appointed representatives or a legal
				emancipation, the parent has the right to make decisions regarding the minor's
				education, health care, and religion, among other things.
*
Legal Guardian
- A legal guardian is appointed
				by the court to make the personal decisions of a protected person or "ward".
				The guardian has the authority to make decisions on behalf of the protected
				person about such things as where to live, medical decisions, training and
				education, etc. A ward who has a legal guardian has been determined by the
				courts to have a lack of sufficient understanding or capacity to make or
				communicate responsible personal decisions and an inability to meet personal
				needs for medical care, nutrition, clothing, shelter, or safety.
*
Conservator -
A conservator is appointed to make
				financial decisions for the protected person or "conservatee." The conservator
				typically has the power to enter into contracts, pay bills, invest assets, and
				perform other financial functions for the protected person. Conservatees have
				had conservators appointed for them because they lack similar capacity and have
				demonstrated an inability to make decisions regarding their financial affairs
				or estate.
*
Power of Attorney -
A power of attorney is
				written permission for someone to take care of property or money matters for
				the individual, in whatever way they want. With power of attorney, the
				individual can still act for themselves and they cannot be forced to do
				anything they do not agree to. An individual can give the power of attorney the
				ability to sign papers about property and money matters.
*
Designated Representative -
An individual who
				is 18 years of age or older can designate a representative to represent the
				individual in any matter pertaining to a request for or receipt of
				rehabilitation services. The designated representative must be a person
				designated by an individual in writing, and only one representative can be
				designated at one time.
All signature requirements placed on an individual are
				satisfied by the signature of an individual's representative. The individual is
				encouraged to also sign official documents to the extent possible, as this is
				the individual's vocational rehabilitation program, regardless of
				representation. All written notices which must be provided to an individual
				must also be provided to the individual's legal representative.
Documentation must be kept in the file showing the
				representation, including guardianship and conservatorship
				documentation.
Legal representatives do not require a release of information
				so long as they are actively designated to represent the individual.
1.17
COUNSELOR CHANGE
			 REQUESTS
An individual may request a change in counselor. An individual
				can request a change for a variety of reasons, and the request should not be
				viewed negatively. The counseling relationship is important, and some
				individuals respond differently to certain counseling approaches. All change
				requests will be given consideration. If the Field Administrator grants the
				change request, there must be a case transfer meeting with the individual, the
				newly assigned counselor, and any involved supervisors to discuss expectations
				moving forward. If the change request is denied, the supervisor must consult
				with the individual and explain the reasons for the decision. At that time, the
				individual is provided their appeal rights.
1.17.1
Change in Counselor
			 Procedure
1. Individual requests a new
			 counselor:
a. If the call is to someone other
			 than a counselor's direct supervisor, that staff person will listen and talk to
			 the individual regarding the request to gather initial information and relay
			 that information to the counselor's supervisor.
b. The receiver of the request must case note
			 the discussion.
2. The
			 supervisor will:
a. Talk to the individual to
			 gather the facts.
b. Talk to the
			 counselor to gather the facts.
c.
			 Review case documentation and information collected.
i. The supervisor will then offer
			 consultation with the individual and the counselor to try to resolve the
			 situation. If this is not successful, the remaining procedure is
			 applied.
d. Consult with
			 the Field Administrator to review and discuss the situation.
e. Case note the information collected and
			 the decision of the Field Administrator
3. If the decision is to transfer the case to
			 another counselor:
a. An exchange meeting will
			 take place with the individual, the counselor, and the involved supervisors to
			 discuss expectations moving forward.
4. If the decision is not to transfer the
			 case to another counselor:
a. A consultation
			 with the individual must occur to explain the reason(s) for the decision.
i. The supervisor must provide the appeal
			 rights to the customer.
b. A meeting with the individual, the
			 counselor, and the supervisor must occur to discuss the situation and next
			 steps.
1.18
CASE TRANSFERS
If an individual's case is transferred to a new counselor, the
				individual must be sent a letter notifying them. The letter will
				include:
* Reason for the transfer and
* The new counselor's contact information.
Staff must contact all newly assigned cases, including case
				transfers, within five (5) business days of the assignment.
1.19
CASE MANAGEMENT SUPPORT FOR
			 COUNSELOR-VACANT CASELOADS
The caseloads for vacant Counselor positions may be managed in
				the following ways at the direction of the Area Manager or Field Administrator,
				based on the nature of the caseload and length of vacancy:
* Primary case management by the Area Manager until vacancy is
				filled
* Temporary or permanent reassignment of specific cases to
				another rehabilitation counselor
1.20
EXCEPTIONS TO POLICY
Policies may be waived on a case-by-case basis depending on the
				individual's needs and circumstance. DSB recognizes that occasionally medical
				emergencies or other circumstances beyond the consumer's control occur
				preventing the consumer from completing an activity within allotted timeframes
				or causing a need for additional services. In these situations, the consumer
				may request an exemption to policy limits. Depending on the policy affected, a
				VR Counselor, Area Manager, or Field Administrator would review the situation
				and determine if reasonable extenuating circumstances existed and whether an
				exemption to policy limitations should be approved.
Any exception made to policy must be documented as such in the
				case record of the individual, and the documentation must include justification
				on why the exception was made.
1.21
RIGHT TO REVIEW AND
			 MEDIATION
Recipients of services, including students receiving
				pre-employment transition services, applicants, and eligible individuals, have
				the right to a review and mediation if they are dissatisfied with any
				determination made by DSB staff that affects the provisions of rehabilitation
				services. The individual has a right to:
* An informal review of the decision conducted by DSB staff not
				involved in the decision
* Mediation; and
* An impartial hearing before an administrative law judge
				(ALJ)
A request for a review and mediation may be made by the
				affected individual or the individual's representative. The request must be in
				writing and must be sent to the DSB Director as follows:
Director
Arkansas Division of Services for the Blind
P.O. Box 3237
Little Rock, AR 72203
The written request for review or mediation must be received by
				the director no more than 60 calendar days after the appellant is notified of
				the action for which the review is requested. The appellant must identify the
				determination with which the appellant is dissatisfied.
DSB must not institute a suspension, reduction, or termination
				of rehabilitation services being provided to an appellant until completion of
				the review process unless requested by the appellant or if DSB has evidence
				that the services have been obtained through misrepresentation, fraud,
				collusion, or criminal conduct by the appellant.
DSB must contact the appellant within five calendar days
				following receipt of the written request and explain review and mediation
				options. This contact and all other matters related to the process of review
				and mediation will be done by DSB's Assistant Director.
DSB must also provide the appellant a description of services
				available from and information on how to contact the Client Assistance Program
				to assist the appellant in the review of determinations.
If the appellant is dissatisfied with the results of an
				informal review or mediation, or chooses an impartial hearing initially, an
				impartial hearing must commence within 60 calendar days of the initial written
				request unless the parties agree to a specific extension of time. DSB's
				Assistant Director is responsible for scheduling mediators and impartial
				hearing officers.
1.21.1
Informal Review
An appellant may request an informal review. An informal review
				must not be used to deny the right of an appellant to pursue mediation or an
				impartial hearing. Participation in the informal review is voluntary on the
				part of the appellant and on the part of DSB. The appellant or DSB may
				terminate the informal review at any time. In the event an informal review is
				terminated, the appellant or DSB may pursue resolution through mediation or an
				impartial hearing.
The informal review must be conducted by supervisory staff not
				involved in the original determination that caused the appellant to ask for a
				review. An appellant may choose either:
* An informal review of written materials only. Supervisory
				staff conducting the review must consider all written evidence presented from
				the time the request for informal review is received until the final decision
				is made; or
* An informal review of written materials with a review
				conference. Supervisory staff conducting the informal review must consider all
				written and oral evidence presented from the time the request for review is
				received until the final decision is made.
The final decision regarding the informal review must be made
				by the reviewing supervisory staff either within 10 calendar days following the
				request for an informal review of written materials only, or within 10 calendar
				days following the conclusion of an informal review conference, unless the
				parties agree to a specific extension of time. The supervisory staff conducting
				the informal review must notify the appellant in writing by mail of the
				informal review decision. The informal review decision must contain a summary
				of the nature and basis of the decision and the appellant's review rights under
				this part.
1.21.2
Mediation
An appellant may request mediation at any time. Mediation must
				not be used to deny the right of an appellant to pursue an impartial hearing.
				Participation in the mediation process is voluntary on the part of the
				appellant and on the part of DSB. The appellant, DSB, or mediator may terminate
				mediation at any time. In the event mediation is terminated, the appellant or
				DSB may pursue resolution through an impartial hearing.
All mediation shall be conducted by a qualified and impartial
				mediator as defined in
				34 C.F.R. §
												361.5(c)(43). The mediator
				will be selected from a list maintained by the State of Arkansas as required in
				Section 102 of the Rehabilitation Act of 1973 as amended by WIOA. Selection
				will be on a random basis and agreed upon by both DSB and the applicant/client,
				or their representative. DSB will offer a list of three names of mediators and
				their qualifications to the applicant/client, who may then choose from those
				names. The list of mediators will be maintained by the Quality Assurance Unit.
				In mediation, decision-making authority rests with the parties agreeing to
				mediate. The role of the mediator includes but is not limited to assisting the
				parties to identifying issues, facilitating communication, focusing the parties
				on their interests, maximizing the exploration of alternatives, and helping the
				parties reach voluntary agreements. The mediator may offer options for the
				parties to consider as to settlement terms but will not impose settlement terms
				on the parties. Mediation sessions must be held in a timely manner and at a
				location convenient to both parties.
Mediation discussions are confidential and may not be used as
				evidence in any subsequent due process hearings or civil proceedings, and the
				parties may be required to sign a confidentiality pledge prior to the
				commencement of mediation. Any agreement resulting from mediation must be in
				writing with the assistance of the mediator, signed by both parties, and copies
				provided to both parties. DSB must pay for the cost of mediation but is not
				required to pay for any costs related to the representation of an
				appellant.
1.21.3
Impartial Hearing
An appellant may choose an impartial hearing. The impartial
				hearing officer for a particular case must be selected on a random basis from a
				list of qualified impartial hearing officers who have been identified by DSB.
				The hearing must be initiated and conducted according to Code of Federal
				Regulations, title 34, part 361.57(e).
The impartial hearing officer must provide by mail to both
				parties a full written report of the findings and grounds for the decision
				within 30 calendar days of the completion of the hearing. The impartial hearing
				officer's decision is final unless a review is requested by either
				party.
An appellant may request a review of the impartial hearing
				officer's decision using the following process:
1. A party who is dissatisfied with the
			 impartial hearing officer's decision may request a review of the decision
			 within 20 calendar days of the mailing of the impartial hearing officer's
			 decision. The review must be conducted by the Director of the Division of
			 Services for the Blind, who may not delegate the review to any employee of
			 DSB.
2. The DSB Director must
			 provide both parties with an opportunity to submit additional evidence and
			 information relevant to a final decision concerning the matter under
			 review.
3. The DSB Director may not
			 overturn or modify the impartial hearing officer's decision, or any part of the
			 decision, that supports the position of the appellant unless the commissioner
			 concludes, based on clear and convincing evidence, that the decision of the
			 impartial hearing officer is clearly erroneous on the basis of being contrary
			 to the approved state plan, federal law and regulations, or state rules and
			 policies that are consistent with federal requirements.
4. The DSB Director must make an independent,
			 final decision within 30 calendar days of the request after reviewing the
			 entire hearing record and provide the decision in writing, including a full
			 report of the findings and the statutory, regulatory, or policy grounds for the
			 decision to both parties.
5. The
			 DSB Director's decision is final unless either party disagrees and brings a
			 civil action, in which case the DSB Director's decision must be implemented
			 pending review by the court.
6. Any
			 party dissatisfied with the DSB Director's decision after reviewing the
			 impartial hearing officer's decision may bring a civil action with respect to
			 the matter in dispute.
1.21.4
Representation and Auxiliary
			 Aids
The individual may designate in writing any representative
				(e.g., parent, guardian, Client Assistance Program, etc.) to assist them in the
				informal review, mediation, or impartial hearing activities. Costs associated
				with representation will not be borne, in whole or in part, by DSB. Auxiliary
				aids and services required for the individual to communicate directly with DSB
				or for communication needs at any scheduled meeting involving DSB will be
				provided by DSB. Required auxiliary aids and services will be provided by DSB
				during all stages and elements of the appeals process up through an impartial
				hearing.