Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 33 - Iowa Vocational Rehabilitation Services › Rule 877-33.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the indicated terms are
				defined as follows:
"Act"
means the federal Rehabilitation Act of
				1973 as codified at 29
				U.S.C. Section 701, et seq.
"Aggregate data"
means information about one
				or more aspects of division job candidates, or from some specific subgroup of
				division job candidates, but from which personally identifiable information on
				any individual cannot be discerned.
"Applicant"
means an individual or the
				individual's representative, as appropriate, who has completed the Iowa
				vocational rehabilitation services (IVRS) Application for Services (R-412), a
				common intake application form through a one-stop center requesting IVRS
				services, or has otherwise requested services from IVRS; has provided to IVRS
				information necessary to initiate an assessment to determine eligibility and
				priority for services; is available to complete the assessment process; and has
				reviewed and signed the Rights and Responsibilities (IPE-1).
"Appropriate modes of communication"
means the
				same as defined in 34 CFR
				Section 361.5(4).
"Assessment for determining eligibility or in the
				development of an IPE"
means a review of existing data and, to the
				extent necessary, the provision of appropriate assessment activities to obtain
				additional information to make a determination and to assign the priority for
				services or development of an IPE.
"Assistive technology device"
means the same
				as defined in Section 3 of the Assistive Technology Act of 1998.
"Assistive technology service"
means the same
				as defined in Section 3 of the Assistive Technology Act of 1998.
"Benefits planning"
means assistance provided
				to an individual who is interested in becoming employed, but is uncertain of
				the impact work income may have on any disability benefits and entitlements
				being received, and is or is not aware of benefits, such as access to health
				care, that might be available to support employment efforts.
"Case record"
means the file of personally
				identifiable information, whether written or electronic in form, on an
				individual that is collected to carry out the purposes of the division as
				defined in the Act. This information remains a part of the case record and is
				subject to these rules even when temporarily physically removed, either in
				whole or in part, from the file folder in which it is normally kept.
"Community rehabilitation program"
or
"CRP"
means the same as defined in
				34 CFR Section
				361.5(7).
"Comparable services and benefits"
means the
				same as defined in 34 CFR
				Section 361.5(8).
"Competitive integrated employment"
means the
				same as defined in 34 CFR
				Section 361.5(9).
"Competitive integrated work setting,"
with
				respect to the provision of services, means a setting, typically found in the
				community, in which applicants or eligible individuals interact with
				nondisabled individuals, other than nondisabled individuals who are providing
				services to those applicants or eligible individuals, and said interaction is
				consistent with the quality of interaction that would normally occur in the
				performance of work by the nondisabled coworkers.
"Customized employment"
means the same as
				defined in 34 CFR Section
				361.5(11).
"Department"
means the department of workforce
				development.
"Designated representative"
means any
				representative chosen by an applicant or eligible individual, as appropriate,
				including a parent, guardian, other family member, or advocate, unless a
				representative has been appointed by a court to represent the individual, in
				which case the court-appointed representative is the designated
				representative.
"Designated state unit"
or
"DSU"
means Iowa vocational rehabilitation services.
"Division"
or
"IVRS"
means
				Iowa vocational rehabilitation services.
"Eligible individual"
means an applicant for
				services from the division who meets the eligibility requirements.
"Employment outcome"
means the same as defined
				in 34 CFR Section
				361.5(15).
"Extended employment"
means the same as
				defined in 34 CFR Section
				361.5(18).
"Extended services"
means the same as defined
				in 34 CFR Section
				361.5(19).
"Family income,"
for purposes of calculating
				the financial participation rate for services, means those who are financially
				responsible for the support of the job candidate and may involve individuals
				who live in the same or separate households including partners and
				spouses.
"Family member,"
for purposes of vocational
				rehabilitation services, means any individual who lives with the individual
				with a disability and has a vested interest in the welfare of that individual
				whether by marriage, birth, or choice. A family member is an individual who
				either (1) is a relative or guardian of an applicant or job candidate, or (2)
				lives in the same household as an applicant or job candidate, who has a
				substantial interest in the well-being of the applicant or job candidate, and
				whose receipt of vocational rehabilitation services is necessary to enable the
				applicant or job candidate to achieve an employment outcome.
"IDEA"
means the Individuals with Disabilities
				Education Act (20 U.S.C.
				Section 1400 et seq.).
"Impartial hearing officer"
or
"IHO"
means the same as defined in
				34 CFR Section
				361.5(24).
"Independent living services"
or
"IL
				services"
means services authorized under Title VII, Chapter 1, Part
				B, of the Rehabilitation Act of 1973.
"Individualized plan for employment"
or
"IPE"
means a plan that specifies the services needed by an
				eligible individual and the responsibilities of the individual with a
				disability and other payers. An IPE contains the matter set forth in or
				permitted by 34 CFR Section
				361.46.
"Individual with a disability"
means the same
				as defined in 34 CFR Section
				361.5(28).
"Individual with a most significant
				disability"
means the same as defined in
				34 CFR Section
				361.5(29).
"Individual with a significant disability"
means the same as defined in 34 CFR Section
				361.5(30).
"Institution of higher education"
or
"IHE"
means the same as defined in Section 102(a) of the
				Higher Education Act of 1965.
"Job candidate"
means an applicant or eligible
				individual applying for or receiving benefits or services from any part of the
				division and includes former job candidates of the division whose files or
				records are retained by the division.
"Job retention waiting list release"
means the
				mechanism used to remove a job candidate from the division waiting list when
				the individual is at immediate risk of losing the job and requires vocational
				rehabilitation service(s) or good(s) in order to maintain employment. This
				applies only for those service(s) or good(s) that will allow the individual to
				maintain employment. After the individual receives said service(s) or good(s),
				the individual's file will be closed if the individual is satisfied with the
				services provided and requires no further services. If there are additional
				services needed, the individual will return to the waiting list, if necessary,
				until that point where the individual's priority of service is being
				served.
"Maintenance"
means the same as defined in
				34 CFR Section
				361.5(34).
"Mediation"
means the same as defined in
				34 CFR Section
				361.5(35).
"Menu of services"
means the services provided
				by community partners to assist an individual with a disability in achieving an
				employment outcome. Menu of services refers to various services that the
				division is able to purchase from an approved CRP or other approved provider on
				behalf of a job candidate. The services are selected and jointly agreed upon by
				the counselor and job candidate of the division. Payments for services are made
				based on a fee structure that is published and updated annually, and there is
				no financial needs assessment applied toward the costs of these purchased
				services from the community partner.
"Ongoing support services"
means the same as
				defined in 34 CFR Section
				361.5(37).
"Personal assistance services"
means the same
				as defined in 34 CFR Section
				361.5(38).
"Physical or mental impairment"
means the same
				as defined in 34 CFR Section
				361.5(40).
"Physical or mental restoration services"
means the same as defined in 34 CFR Section
				361.5(39).
"Plan for natural supports"
means a plan
				initiated prior to the implementation of the supported employment program that
				describes the natural supports to be used on the job; the training provided to
				the supervisor and mentor on the job site; the technology used in the
				performance of the work; the rehabilitation strategies and trainings that will
				be taught to the mentor in order to support and direct the job candidate on the
				job; the supports needed outside of work for the job candidate to be
				successful; and the methods by which the employer can connect with the job
				candidate's job coach/IVRS staff member, or the training program when the need
				arises.
"Postemployment services"
means the same as
				defined in 34 CFR Section
				361.5(41).
"Potentially eligible"
for the purposes of
				preemployment transition services means all students with disabilities. A
				student is considered potentially eligible until the student has applied for
				services and an eligibility decision has been determined.
"Preemployment transition services"
or
"pre-ETS"
means those services specified in
				34 CFR Section
				361.48(a).
"Recognized educational program"
includes
				secondary education programs, nontraditional or alternative secondary education
				programs (including homeschooling), postsecondary education programs, and other
				recognized educational programs such as those offered through the juvenile
				justice system.
"Rehabilitation technology"
means the same as
				defined in 34 CFR Section
				361.5(45).
"Satisfactory employment"
means stable
				employment in a competitive integrated employment setting that is consistent
				with the individual's IPE and acceptable to both the individual and the
				employer.
"Self-employment services"
means services to
				assist individuals with disabilities to achieve a self-employment outcome
				consistent with the individual's abilities, preferences and needs.
				Self-employment is a vocational option through the division that is available
				only to for-profit businesses intended for operation within the state of Iowa.
				The division provides two options within the program, which include the full
				self-employment program and micro-enterprise development. These services
				provide information, strategies and resources to help the business become
				self-sustaining while assisting the individual in assuring all necessary
				supports are in place for long-term success.
"Status"
means the existing condition or
				position of a case. The specific case statuses are as follows:
1. 00-0 Referral for services.
2. 01-0 Potentially eligible
			 student.
3. 01-1 Closed from
			 potentially eligible.
4. 02-0
			 Applicant.
5. 04-0 Waiting
			 list.
6. 08-0 Closed before
			 acceptance (from Status 02-0).
7.
			 10-0 Accepted for services (plan development) adults.
8. 10-1 Accepted for services (plan
			 development) high school students.
9. 14-0 Counseling and guidance.
10. 16-0 Physical and mental
			 restoration.
11. 18-Training.
* 18-1 Work adjustment training/assessment.
* 18-2 On-the-job training.
* 18-3 Vocational-technical training.
* 18-4 Academic training.
* 18-5 Secondary education.
* 18-6 Supported employment.
* 18-7 Other types of training (including nonsupported
				employment job coaching, job development, ISE).
12. 20-0 Ready for employment.
13. 22-0 Employed.
14. 24-0 Services interrupted.
15. 26-0 Closed rehabilitated.
16. 28-0 Closed after IPE initiated (from
			 Status 14-0 through 24-0).
17. 30-0
			 Closed before IPE initiated (from Status 10-_).
18. 32-0 Postemployment services (from Status
			 26-0).
19. 33- Closed after
			 postemployment services (from Status 32-0).
* 33-1 Individual is returned to suitable employment or the
				employment situation is stabilized.
* 33-2 The case has been reopened for comprehensive vocational
				rehabilitation services.
* 33-3 The postemployment services are no longer assisting the
				individual and further services would be of no assistance.
20. 38-0 Closed from Status 04-0 (individual
			 does not meet one of the waiting list categories, and the individual no longer
			 wants to remain on the waiting list or fails to respond when contacted because
			 individual's name is at the top of the waiting list).
"Student with a disability"
means an
				individual with a disability in a secondary, postsecondary, or other recognized
				education program who is not younger than 14 years of age and not older than 21
				years of age; and is eligible for, and receiving, special education or related
				services under Part B of the Individuals with Disabilities Education Act or is
				a student who is an individual with a disability, for purposes of Section
				504.
"Substantial impediment to employment"
means
				the same as defined in 34
				CFR Section
				361.5(52).
"Supported employment"
means the same as
				defined in 34 CFR Section
				361.5(53).
"Supported employment services"
means the same
				as defined in 34 CFR Section
				361.5(54).
"Transition services"
means the same as
				defined in 34 CFR Section
				361.5(55).
"Transportation"
means the same as defined in
				34 CFR Section
				361.5(56).
"Vocational rehabilitation services"
means the
				same as defined in 34 CFR
				Section 361.5(57).
"Waiting list"
means the listings of eligible
				individuals for vocational rehabilitation services who are not in a category
				being served, otherwise known as "order of selection" under the Workforce
				Innovation and Opportunity Act of 2014.
"Youth with a disability"
means the same as
				defined in 34 CFR Section
				361.5(58).