Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 3 - Definitions › Section 3-1 - Definitions

Current through July 10, 2024
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC
				  12-9-5-3
Affected: IC 12-8-1.5-1; IC 12-9-1-1; IC 12-9-5; IC 12-12-1;
				  IC 12-12-5; IC 12-28-1
Sec. 1.
The following definitions in this rule apply throughout this
				  article:
(1) "Acquisition cost" has
				the meaning set forth in 34
				CFR 80.3.
(2) "Act" has the meaning set forth in
				34 CFR
				361.5(b)(1).
(3) "Administrative review" means the
				procedure that enables a party who is dissatisfied with the decision of the
				impartial hearing officer to seek review of the impartial hearing officer's
				decision after an impartial due process hearing.
(4) "Americans with Disabilities Act" or
				"ADA" means the Americans with Disabilities Act of 1990 (
				P.L.
				101-336 and
				42 U.S.C.
				12101, et seq.), as amended.
(5) "Applicant" has the meaning set forth in
				34 CFR
				361.5(b)(4).
(6) "Appropriate modes of communication" has
				the meaning set forth in 34
				CFR 361.5(b)(5).
(7) "Approved interpreter" means an
				interpreter who possesses a valid Indiana interpreter certificate or has the
				prior approval of the director of deaf and hard of hearing services to
				interpret to meet a special or emergency need.
(8) "Area supervisor" means an individual
				employed by BRS who is responsible for the direct supervision of vocational
				rehabilitation counselors, other staff, and office operations of an area
				office.
(9) "Assessment for
				determining eligibility and vocational rehabilitation needs" has the meaning
				set forth in 34 CFR
				361.5(b)(6).
(10) "Assessment of eligibility and priority
				for services" means the assessment for determining eligibility and vocational
				rehabilitation needs described in
				34 CFR
				361.5(b)(6)(i).
(11) "Assessment of vocational rehabilitation
				needs" means that part of the assessment for determining eligibility and
				vocational rehabilitation needs described in
				34 CFR
				361.5(b)(6)(ii).
(12) "Assistive technology device" has the
				meaning set forth in 34 CFR
				361.5(b)(7).
(13) "Assistive technology service" has the
				meaning set forth in 34 CFR
				361.5(b)(8).
(14) "Bureau of rehabilitation services" or
				"BRS" means the rehabilitation services bureau created under IC
				12-12-1-1.
(15) "Business
				enterprise program" or "BEP" means the Indiana Randolph-Sheppard Business
				Enterprise Program authorized by
				20 U.S.C.
				107 and IC 12-12-5.
(16) "Clear and convincing evidence" has the
				meaning set forth in 34 CFR
				361.42.
(17) "Client assistance program" or "CAP"
				means the program established by the 1984 amendments to the Rehabilitation Act
				and administered by Indiana protection and advocacy services.
(18) "Community rehabilitation program" or
				"CRP" has the meaning set forth in
				34 CFR
				361.5(b)(9).
(19) "Comparable services and benefits" has
				the meaning set forth in 34
				CFR 361.5(b)(10).
(20) "Competitive employment" has the meaning
				set forth in 34 CFR
				361.5(b)(11).
(21) "Confidential information" means
				information, regardless of format or source, that identifies, or can be used to
				identify, any current or former applicant or eligible individual.
(22) "Contiguous out-of-state areas" means
				immediately adjacent out-of-state major metropolitan areas, cities, or towns
				sharing part of their borders with the state of Indiana.
(23) "Deaf and hard of hearing services"
				means the unit established under IC 12-12-1-2.
(24) "Designated state agency" or "DSA" has
				the meaning set forth in 34
				CFR 361.5(b)(13).
(25) "Designated state unit" or "DSU" has the
				meaning set forth in 34 CFR
				361.5(b)(14).
(26) "Director" means the director of the
				bureau of rehabilitation services.
(27) "Disclose" or "disclosure" means to
				permit access to or to release, transfer, or otherwise communicate confidential
				information concerning any individual or applicant.
(28) "Division" or "DDRS" means the division
				of disability and rehabilitative services created under IC 12-9-1-1.
(29) "Eligible individual" has the meaning
				set forth in 34 CFR
				361.5(b)(15).
(30) "Employment outcome" has the meaning set
				forth in 34 CFR
				361.5(b)(16).
(31) "Equipment" as used in connection with
				business equipment, durable medical equipment, occupational equipment, or other
				items purchased with vocational rehabilitation program funds, means tangible,
				nonexpendable devices and apparatus, whether movable or fixed, having a useful
				life of more than one (1) year, inclusive of all component or integral parts
				and appurtenances, installation, and setup necessary for the performance of the
				functions for which the equipment is purchased. (32) "Expected family
				contribution" has the meaning set forth in
				34 CFR
				668.2.
(33) "Extended employment" has the meaning
				set forth in 34 CFR
				361.5(b)(19).
(34) "Extended evaluation" means an extension
				of an assessment of eligibility and priority for services during which services
				are provided in order to assess whether certain individuals with significant
				disabilities are able to benefit from vocational rehabilitation services in
				terms of an employment outcome.
(35) "Extended services" has the meaning set
				forth in 34 CFR
				361.5(b)(20).
(36) "Fair market value" means the amount for
				which property would sell on the open market if put up for sale in the ordinary
				course of business.
(37) "Family
				and social services administration" or "FSSA" means the office of the secretary
				of family and social services created under IC 12-8-1.5-1.
(38) "Family member" has the meaning set
				forth in 34 CFR
				361.5(b)(23).
(39) "Fiscal year" has the meaning set forth
				in 34 CFR
				77.1(c).
(40) "Impartial due process hearing" has the
				meaning set forth in 34 CFR
				361.57(e).
(41) "Impartial hearing officer" or "IHO" has
				the meaning set forth in 34
				CFR 361.5(b)(25).
(42) "Indiana protection and advocacy
				services" or "IPAS" means the commission established under IC
				12-28-1.
(43) "Individual with a
				disability" has the meaning set forth in
				34 CFR
				361.5(b)(28).
(44) "Individual with a most significant
				disability" means an individual with a significant disability as defined in
				460 IAC
				14-8-1(b).
(45) "Individual with a significant
				disability" has the meaning set forth in
				34 CFR
				361.5(b)(31). An individual
				with a disability is presumed to be an individual with a significant disability
				if he or she meets the requirements under
				34 CFR
				361.42 (a)(3).
(46) "Individualized plan for employment" or
				"IPE" means a written plan of services developed and implemented for an
				eligible individual, which identifies the eligible individual's employment
				outcome, the anticipated duration of his or her participation in the vocational
				rehabilitation program, the specific vocational rehabilitation services that
				will be provided to enable him or her to achieve the outcome, the service
				providers selected, the criteria that will be used to evaluate his or her
				progress toward achievement of the employment outcome, and the other terms and
				conditions of the IPE including the requirements for developing, reviewing, and
				amending the IPE and its mandatory components described in
				34 CFR
				361.45 and
				34 CFR
				361.46.
(47) "Individual's representative" has the
				meaning set forth in 34 CFR
				361.5(b)(32).
(48) "Informed choice" means that an
				applicant or an eligible individual has full participation in the selection of
				his or her employment outcome, the specific vocational rehabilitation services
				needed to achieve the employment outcome that will be provided, the entities
				that will provide the services, the settings in which the services will be
				provided, and the available methods used for procuring the services.
(49) "Informed consent" means a written
				request signed by the individual or his or her representative allowing the
				division to obtain confidential information from or disclose confidential
				information to another party.
(50)
				"In-state" means within the state of Indiana and contiguous out-of-state
				areas.
(51) "Integrated setting"
				has the meaning set forth in 34 CFR
				361.5(b)(33).
(52) "Job-related services" means job
				development, job modification, placement assistance, follow-up, and
				follow-along services required for an eligible individual to secure, maintain,
				or retain an employment outcome.
(53) "Maintenance", for purposes of
				subdivision (75), has the meaning set forth in
				34 CFR
				361.5(b)(35).
(54) "Mediation" has the meaning set forth in
				34 CFR
				361.5(b)(43).
(55) "Ongoing support services" has the
				meaning set forth in 34 CFR
				361.5(b)(38) and
				34 CFR
				363.6(c)(3).
(56) "Order of selection" means the procedure
				used by the division to determine the priority in which eligible individuals
				will receive services if there are insufficient resources to serve all eligible
				individuals in the state who apply for services. (57) "Personal assistance
				services" has the meaning set forth in
				34 CFR
				361.5(b)(39).
(58) "Physical and mental restoration
				services" has the meaning set forth in
				34 CFR
				361.5(b)(40).
(59) "Physical or mental impairment" has the
				meaning set forth in 34 CFR
				361.5(b)(41).
(60) "Post-employment services" has the
				meaning set forth in 34 CFR
				361.5(b)(42).
(61) "Postsecondary education" has the
				meaning set forth in 34 CFR
				643.7.
(62) "Private" has the meaning set forth in
				34 CFR
				77.1(c).
(63) "Public" has the meaning set forth in
				34 CFR
				77.1(c).
(64) "Qualified and impartial mediator" has
				the meaning set forth in 34
				CFR 361.5(b)(43).
(65) "Real property" has the meaning set
				forth in 34 CFR
				74.2.
(66) "Record of services" means the record
				created and maintained by the bureau for each applicant and eligible individual
				that contains any and all information concerning an individual's participation
				in the vocational rehabilitation program.
(67) "Reviewing authority" means the director
				of the division of disability and rehabilitative services or the director's
				designee.
(68) "Self-employment"
				means a competitive employment outcome in which the eligible individual is
				working for himself or herself independently, rather than as the employee of
				another individual or entity. The term includes, but is not limited to, a small
				business operation.
(69) "Service
				priority category" means one (1) of three (3) categories to which an individual
				is assigned for order of selection based on the severity of his or her
				disability and the scope and duration of services needed for the individual to
				achieve an employment outcome.
(70)
				"Service provider" means any person, business, organization, or entity that
				provides vocational rehabilitation services to individuals with disabilities. A
				family member of an applicant or eligible individual is prohibited from being a
				service provider for that applicant or eligible individual.
(71) "Services to family members" means
				vocational rehabilitation services provided to a family member as defined in
				34 CFR
				361.5(23) that are necessary
				to enable an applicant or eligible individual to achieve an employment
				outcome.
(72) "Substantial
				impediment to employment" has the meaning set forth in
				34 CFR
				361.5(b)(52).
(73) "Supported employment" has the meaning
				set forth in 34 CFR
				361.5(b)(53).
(74) "Supported employment services" has the
				meaning set forth in 34 CFR
				361.5(b)(54).
(75) "Supporting services" means maintenance,
				transportation, services to family members, and personal assistance services.
				Supporting services are not intended to support the individual, but rather to
				support the individual's participation in other vocational rehabilitation
				services.
(76) "Transportation" has
				the meaning set forth in 34
				CFR 361.5(b)(57).
(77) "Trial work experience" or "TWE" means
				the exploration of an individual's abilities, capabilities, and capacity to
				perform in realistic work situations in order to determine whether or not there
				is clear and convincing evidence to support a determination that an individual
				with a disability is incapable of benefiting from vocational rehabilitation
				services in terms of an employment outcome.
(78) "Tuition" means the amount charged for
				instruction by the institution of higher education in which a student is
				enrolled.
(79) "Vocational
				rehabilitation counselor" or "counselor" means an individual employed by BRS to
				manage an applicant or eligible individual's case and provide vocational
				rehabilitation services. An area supervisor, region manager, or other
				appropriate designee may also act as a counselor.
(80) "Vocational rehabilitation program" or
				"VR program" means the unit within the bureau of rehabilitation services
				charged with the provision of vocational rehabilitation services.
(81) "Vocational rehabilitation services" has
				the meaning set forth in 34
				CFR 361.5(b)(58).