reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.43 - Procedures for ineligibility determination

Current through June 25, 2024
If the State unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the State unit must--
(a) Make the determination only after
					 providing an opportunity for full consultation with the individual or, as
					 appropriate, with the individual's representative;
(b) Inform the individual in writing,
					 supplemented as necessary by other appropriate modes of communication
					 consistent with the informed choice of the individual, of the ineligibility
					 determination, including the reasons for that determination, the requirements
					 under this section, and the means by which the individual may express and seek
					 remedy for any dissatisfaction, including the procedures for review of State
					 unit personnel determinations in accordance with Sec. 361.57;
(c) Provide the individual with a description
					 of services available from a client assistance program established under 34 CFR
					 part 370 and information on how to contact that program;
(d) Refer the individual to other training or
					 employment-related programs that are part of the One-Stop service delivery
					 system under the Workforce Investment Act; and
(e) Review within 12 months and annually
					 thereafter if requested by the individual or, if appropriate, by the
					 individual's representative any ineligibility determination that is based on a
					 finding that the individual is incapable of achieving an employment outcome.
					 This review need not be conducted in situations in which the individual has
					 refused it, the individual is no longer present in the State, the individual's
					 whereabouts are unknown, or the individual's medical condition is rapidly
					 progressive or terminal.
Authority: Sections
						102(a)(5) and 102(c) of the Act;
						 29 U.S.C.
						722(a)(5)  and 722(c)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.44 - Closure without eligibility determination

Current through June 25, 2024
The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.
Authority: Section
						12(c) of the Act;  29 U.S.C.
						709(c)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.45 - Development of the individualized plan for employment

Current through June 25, 2024
(a) General requirements. The State plan must
					 assure that--
(1) An individualized plan for
					 employment (IPE) meeting the requirements of this section and Sec. 361.46 is
					 developed and implemented in a timely manner for each individual determined to
					 be eligible for vocational rehabilitation services or, if the designated State
					 unit is operating under an order of selection in accordance with Sec. 361.36,
					 for each eligible individual to whom the State unit is able to provide
					 services; and
(2) Services will be
					 provided in accordance with the provisions of the IPE.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.46 - Content of the individualized plan for employment

Current through June 25, 2024
(a) Mandatory components. Regardless of the
					 approach in Sec. 361.45(c)(1) that an eligible individual selects for purposes
					 of developing the IPE, each IPE must include--
(1) A description of the specific employment
					 outcome that is chosen by the eligible individual that--
(i) Is consistent with the individual's
					 unique strengths, resources, priorities, concerns, abilities, capabilities,
					 career interests, and informed choice; and
(ii) To the maximum extent appropriate,
					 results in employment in an integrated setting;
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.50 - Written policies governing the provision of services for individuals with disabilities

Current through June 25, 2024
(a) Policies. The
					 State unit must develop and maintain written policies covering the nature and
					 scope of each of the vocational rehabilitation services specified in Sec.
					 361.48 and the criteria under which each service is provided. The policies must
					 ensure that the provision of services is based on the rehabilitation needs of
					 each individual as identified in that individual's IPE and is consistent with
					 the individual's informed choice. The written policies may not establish any
					 arbitrary limits on the nature and scope of vocational rehabilitation services
					 to be provided to the individual to achieve an employment outcome. The policies
					 must be developed in accordance with the following provisions:
(b) Out-of-State services.
(1) The State unit may establish a preference
					 for in-State services, provided that the preference does not effectively deny
					 an individual a necessary service. If the individual chooses an out-of-State
					 service at a higher cost than an in-State service, if either service would meet
					 the individual's rehabilitation needs, the designated State unit is not
					 responsible for those costs in excess of the cost of the in-State
					 service.
(2) The State unit may not
					 establish policies that effectively prohibit the provision of out-of-State
					 services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.51 - Standards for facilities and providers of services

Current through June 25, 2024
(a) Accessibility of facilities. The State
					 plan must assure that any facility used in connection with the delivery of
					 vocational rehabilitation services under this part meets program accessibility
					 requirements consistent with the requirements, as applicable, of the
					 Architectural Barriers Act of 1968, the Americans with Disabilities Act of
					 1990, section 504 of the Act, and the regulations implementing these
					 laws.
(b) Affirmative action. The
					 State plan must assure that community rehabilitation programs that receive
					 assistance under part B of Title I of the Act take affirmative action to employ
					 and advance in employment qualified individuals with disabilities covered under
					 and on the same terms and conditions as in section 503 of the Act.
(c) Special communication needs personnel.
					 The designated State unit must ensure that providers of vocational
					 rehabilitation services are able to communicate--
(1) In the native language of applicants and
					 eligible individuals who have limited English speaking ability; and
(2) By using appropriate modes of
					 communication used by applicants and eligible individuals.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.52 - Informed choice

Current through June 25, 2024
(a) General
					 provision. The State plan must assure that applicants and eligible individuals
					 or, as appropriate, their representatives are provided information and support
					 services to assist applicants and eligible individuals in exercising informed
					 choice throughout the rehabilitation process consistent with the provisions of
					 section 102(d) of the Act and the requirements of this section.
(b) Written policies and procedures. The
					 designated State unit, in consultation with its State Rehabilitation Council,
					 if it has a Council, must develop and implement written policies and procedures
					 that enable an applicant or eligible individual to exercise informed choice
					 throughout the vocational rehabilitation process. These policies and procedures
					 must provide for--
(1) Informing each
					 applicant and eligible individual (including students with disabilities who are
					 making the transition from programs under the responsibility of an educational
					 agency to programs under the responsibility of the designated State unit),
					 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 throughout the vocational
					 rehabilitation process;
(2)
					 Assisting applicants and eligible individuals in exercising informed choice in
					 decisions related to the provision of assessment services;
(3) Developing and implementing flexible
					 procurement policies and methods that facilitate the provision of vocational
					 rehabilitation services and that afford eligible individuals meaningful choices
					 among the methods used to procure vocational rehabilitation services;
(4) Assisting eligible individuals or, as
					 appropriate, the individuals' representatives in acquiring information that
					 enables them to exercise informed choice in the development of their IPEs with
					 respect to the selection of the--
(i)
					 Employment outcome;
(ii) Specific
					 vocational rehabilitation services needed to achieve the employment
					 outcome;
(iii) Entity that will
					 provide the services;
(iv)
					 Employment setting and the settings in which the services will be provided;
					 and
(v) Methods available for
					 procuring the services; and
(5) Ensuring that the availability and scope
					 of informed choice is consistent with the obligations of the designated State
					 agency under this part.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.53 - Comparable services and benefits

Current through June 25, 2024
(a) Determination
					 of availability. The State plan must assure that prior to providing any
					 vocational rehabilitation services, except those services listed in paragraph
					 (b) of this section, to an eligible individual, or to members of the
					 individual's family, the State unit must determine whether comparable services
					 and benefits, as defined in Sec. 361.5(b)(10), exist under any other program
					 and whether those services and benefits are available to the individual unless
					 such a determination would interrupt or delay--
(1) The progress of the individual toward
					 achieving the employment outcome identified in the individualized plan for
					 employment;
(2) An immediate job
					 placement; or
(3) The provision of
					 vocational rehabilitation services to any individual who is determined to be at
					 extreme medical risk, based on medical evidence provided by an appropriate
					 qualified medical professional.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.55 - Annual review of individuals in extended employment or other employment under special certificate provisions of the Fair Labor Standards Act

Current through June 25, 2024
The State plan must assure that the designated State unit--
(a) Annually reviews and
					 reevaluates the status of each individual with a disability served under the
					 vocational rehabilitation program who has achieved an employment outcome either
					 in an extended employment setting in a community rehabilitation program or in
					 any other employment setting in which the individual is compensated in
					 accordance with section 14(c) of the Fair Labor Standards Act for 2 years after
					 the individual achieves the employment outcome (and thereafter if requested by
					 the individual or, if appropriate, the individual's representative) to
					 determine the interests, priorities, and needs of the individual with respect
					 to competitive employment or training for competitive employment;
(b) Enables the individual or, if
					 appropriate, the individual's representative to provide input into the review
					 and reevaluation and documents that input in the record of services, consistent
					 with Sec. 361.47(a)(10), with the individual's or, as appropriate, the
					 individual's representative's signed acknowledgment that the review and
					 reevaluation have been conducted; and
(c) Makes maximum efforts, including
					 identifying and providing vocational rehabilitation services, reasonable
					 accommodations, and other necessary support services, to assist the individuals
					 identified in paragraph (a) of this section in engaging in competitive
					 employment as defined in Sec. 361.5(b)(11).
Authority: Section
						101(a)(14) of the Act;  29
						U.S.C. 721(a)(14)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.56 - Requirements for closing the record of services of an individual who has achieved an employment outcome

Current through June 25, 2024
The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:
(a) Employment outcome
					 achieved. The individual has achieved the employment outcome that is described
					 in the individual's IPE in accordance with Sec. 361.46(a)(1) and is--
(1) Consistent with the individual's
					 strengths, resources, priorities, concerns, abilities, capabilities, interests,
					 and informed choice; and
(2) In the
					 most integrated setting possible, consistent with the individual's informed
					 choice.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.57 - Review of determinations made by designated State unit personnel

Current through June 25, 2024
(a) Procedures. The designated State unit
					 must develop and implement procedures to ensure that an applicant or eligible
					 individual who is dissatisfied with any determination made by personnel of the
					 designated State unit that affects the provision of vocational rehabilitation
					 services may request, or, if appropriate, may request through the individual's
					 representative, a timely review of that determination. The procedures must be
					 in accordance with paragraphs (b) through (k) of this section:
(b) General requirements.
(1) Notification. Procedures established by
					 the State unit under this section must provide an applicant or eligible
					 individual or, as appropriate, the individual's representative notice of--
(i) The right to obtain review of State unit
					 determinations that affect the provision of vocational rehabilitation services
					 through an impartial due process hearing under paragraph (e) of this
					 section;
(ii) The right to pursue
					 mediation under paragraph (d) of this section with respect to determinations
					 made by designated State unit personnel that affect the provision of vocational
					 rehabilitation services to an applicant or eligible individual;
(iii) The names and addresses of individuals
					 with whom requests for mediation or due process hearings may be
					 filed;
(iv) The manner in which a
					 mediator or impartial hearing officer may be selected consistent with the
					 requirements of paragraphs (d) and (f) of this section; and
(v) The availability of the client assistance
					 program, established under 34 CFR part 370, to assist the applicant or eligible
					 individual during mediation sessions or impartial due process
					 hearings.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.60 - Matching requirements

Current through June 25, 2024
(a) Federal share.
(1) General. Except as provided in paragraph
				  (a)(2) of this section, the Federal share for expenditures made by the State
				  under the State plan, including expenditures for the provision of vocational
				  rehabilitation services and the administration of the State plan, is 78.7
				  percent.
(2) Construction projects.
				  The Federal share for expenditures made for the construction of a facility for
				  community rehabilitation program purposes may not be more than 50 percent of
				  the total cost of the project.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.61 - Limitation on use of funds for construction expenditures

Current through June 25, 2024
No more than 10 percent of a State's allotment for any fiscal year under section 110 of the Act may be spent on the construction of facilities for community rehabilitation program purposes.
Authority: Section
					 101(a)(17)(A) of the Act;  29
					 U.S.C. 721(a)(17)(A)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.62 - Maintenance of effort requirements

Current through June 25, 2024
(a) General
				  requirements.
(1) The Secretary reduces the
				  amount otherwise payable to a State for a fiscal year by the amount by which
				  the total expenditures from non-Federal sources under the State plan for the
				  previous fiscal year were less than the total of those expenditures for the
				  fiscal year 2 years prior to the previous fiscal year.
Example: For fiscal year 2001, a State's maintenance of
					 effort level is based on the amount of its expenditures from non-Federal
					 sources for fiscal year 1999. Thus, if the State's non-Federal expenditures in
					 2001 are less than they were in 1999, the State has a maintenance of effort
					 deficit, and the Secretary reduces the State's allotment in 2002 by the amount
					 of that deficit.
(2) If, at
				  the time the Secretary makes a determination that a State has failed to meet
				  its maintenance of effort requirements, it is too late for the Secretary to
				  make a reduction in accordance with paragraph (a)(1) of this section, then the
				  Secretary recovers the amount of the maintenance of effort deficit through
				  audit disallowance.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.63 - Program income

Current through June 25, 2024
(a) Definition. For
				  purposes of this section, program income means gross income received by the
				  State that is directly generated by an activity supported under this
				  part.
(b) Sources. Sources of
				  program income include, but are not limited to, payments from the Social
				  Security Administration for assisting Social Security beneficiaries and
				  recipients to achieve employment outcomes, payments received from workers'
				  compensation funds, fees for services to defray part or all of the costs of
				  services provided to particular individuals, and income generated by a
				  State-operated community rehabilitation program.
(c) Use of program income.
(1) Except as provided in paragraph (c)(2) of
				  this section, program income, whenever earned, must be used for the provision
				  of vocational rehabilitation services and the administration of the State plan.
				  Program income is considered earned when it is received.
(2) Payments provided to a State from the
				  Social Security Administration for assisting Social Security beneficiaries and
				  recipients to achieve employment outcomes may also be used to carry out
				  programs under part B of Title I of the Act (client assistance), part B of
				  Title VI of the Act (supported employment), and Title VII of the Act
				  (independent living).
(3) The State
				  is authorized to treat program income as--
(i)
				  An addition to the grant funds to be used for additional allowable program
				  expenditures, in accordance with
				   34 CFR
				  80.25(g)(2); or
(ii) A deduction from total allowable costs,
				  in accordance with  34 CFR
				  80.25(g)(1).
(4) Program income cannot be used
				  to meet the non-Federal share requirement under Sec. 361.60.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.64 - Obligation of Federal funds and program income

Current through June 25, 2024
(a)
				  Except as provided in paragraph (b) of this section, any Federal funds,
				  including reallotted funds, that are appropriated for a fiscal year to carry
				  out a program under this part that are not obligated by the State by the
				  beginning of the succeeding fiscal year and any program income received during
				  a fiscal year that is not obligated by the State by the beginning of the
				  succeeding fiscal year remain available for obligation by the State during that
				  succeeding fiscal year.
(b) Federal
				  funds appropriated for a fiscal year remain available for obligation in the
				  succeeding fiscal year only to the extent that the State met the matching
				  requirement for those Federal funds by obligating, in accordance with
				   34 CFR
				  76.707, the non-Federal share in the fiscal
				  year for which the funds were appropriated.
Authority: Section 19
					 of the Act;  29 U.S.C.
					 716
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart C - Financing of State Vocational Rehabilitation Programs › Section 32-11-361-C-361.65 - Allotment and payment of Federal funds for vocational rehabilitation services

Current through June 25, 2024
(a) Allotment.
(1) The allotment of Federal funds for
				  vocational rehabilitation services for each State is computed in accordance
				  with the requirements of section 110 of the Act, and payments are made to the
				  State on a quarterly basis, unless some other period is established by the
				  Secretary.
(2) If the State plan
				  designates one State agency to administer, or supervise the administration of,
				  the part of the plan under which vocational rehabilitation services are
				  provided for individuals who are blind and another State agency to administer
				  the rest of the plan, the division of the State's allotment is a matter for
				  State determination.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.80 - Purpose

Current through June 25, 2024
The purpose of this subpart is to establish evaluation standards and performance indicators for the Program.
Authority:
					  29 U.S.C.
					 726(a)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.82 - Applicable definitions

Current through June 25, 2024
(a) The Secretary
				  establishes two evaluation standards to evaluate the performance of each DSU
				  that receives funds under this part. The evaluation standards assist the
				  Secretary and each DSU to evaluate a DSU's performance in serving individuals
				  with disabilities under the VR program.
(b) A DSU must achieve successful performance
				  on both evaluation standards during each performance period.
(c) The evaluation standards for the VR
				  program are--
(1) Evaluation Standard
				  1--Employment outcomes. A DSU must assist any eligible individual, including an
				  individual with a significant disability, to obtain, maintain, or regain
				  high-quality employment.
(2)
				  Evaluation Standard 2--Equal access to services. A DSU must ensure that
				  individuals from minority backgrounds have equal access to VR services.
				  (Approved by the Office of Management and Budget under control number
				  1820-0508.)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.84 - Performance indicators

Current through June 25, 2024
(a) The performance
				  indicators establish what constitutes minimum compliance with the evaluation
				  standards.
(b) The performance
				  indicators require a DSU to provide information on a variety of factors to
				  enable the Secretary to measure compliance with the evaluation
				  standards.
(c) The performance
				  indicators are as follows:
(1) Employment
				  outcomes.
(i) Performance Indicator 1.1. The
				  number of individuals exiting the VR program who achieved an employment outcome
				  during the current performance period compared to the number of individuals who
				  exit the VR program after achieving an employment outcome during the previous
				  performance period.
(ii)
				  Performance Indicator 1.2. Of all individuals who exit the VR program after
				  receiving services, the percentage who are determined to have achieved an
				  employment outcome.
(iii)
				  Performance Indicator 1.3. Of all individuals determined to have achieved an
				  employment outcome, the percentage who exit the VR program in competitive,
				  self-, or BEP employment with earnings equivalent to at least the minimum
				  wage.
(iv) Performance Indicator
				  1.4. Of all individuals who exit the VR program in competitive, self-, or BEP
				  employment with earnings equivalent to at least the minimum wage, the
				  percentage who are individuals with significant disabilities.
(v) Performance Indicator 1.5. The average
				  hourly earnings of all individuals who exit the VR program in competitive,
				  self-, or BEP employment with earnings levels equivalent to at least the
				  minimum wage as a ratio to the State's average hourly earnings for all
				  individuals in the State who are employed (as derived from the Bureau of Labor
				  Statistics report ``State Average Annual Pay'' for the most recent available
				  year).
(vi) Performance Indicator
				  1.6. Of all individuals who exit the VR program in competitive, self-, or BEP
				  employment with earnings equivalent to at least the minimum wage, the
				  difference between the percentage who report their own income as the largest
				  single source of economic support at the time they exit the VR program and the
				  percentage who report their own income as the largest single source of support
				  at the time they apply for VR services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.86 - Performance levels

Current through June 25, 2024
(a) General.
(1) Paragraph (b) of this section establishes
				  performance levels for--
(i) General or
				  combined DSUs; and
(ii) DSUs
				  serving exclusively individuals who are visually impaired or blind.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.88 - Reporting requirements

Current through June 25, 2024
(a) The Secretary
				  requires that each DSU report within 60 days after the end of each fiscal year
				  the extent to which the State is in compliance with the evaluation standards
				  and performance indicators and include in this report the following RSA-911
				  data:
(1) The number of individuals who exited
				  the VR program in each closure category as specified in the definition of
				  ``Exit the VR program'' under Sec. 361.81.
(2) The number of individuals who exited the
				  VR program in competitive, self-, or BEP employment with earnings at or above
				  the minimum wage.
(3) The number of
				  individuals with significant disabilities who exited the VR program in
				  competitive, self-, or BEP employment with earnings at or above the minimum
				  wage.
(4) The weekly earnings and
				  hours worked of individuals who exited the VR program in competitive, self-, or
				  BEP employment with earnings at or above the minimum wage.
(5) The number of individuals who exited the
				  VR program in competitive, self-, or BEP employment with earnings at or above
				  the minimum wage whose primary source of support at the time they applied for
				  VR services was ``personal income.''
(6) The number of individuals who exited the
				  VR program in competitive, self-, or BEP employment with earnings at or above
				  the minimum wage whose primary source of support at closure was ``personal
				  income.''
(7) The number of
				  individuals exiting the VR program who are individuals from a minority
				  background.
(8) The number of
				  non-minority individuals exiting the VR program.
(9) The number of individuals from a minority
				  background exiting the VR program after receiving services under an
				  IPE.
(10) The number of
				  non-minority individuals exiting the VR program after receiving services under
				  an IPE.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart E - Evaluation Standards and Performance Indicators › Section 32-11-361-E-361.89 - Enforcement procedures

Current through June 25, 2024
(a) If a DSU fails
				  to meet the established performance levels on both evaluation standards as
				  required by Sec. 361.82(b), the Secretary and the DSU must jointly develop a
				  program improvement plan that outlines the specific actions to be taken by the
				  DSU to improve program performance.
(b) In developing the program improvement
				  plan, the Secretary considers all available data and information related to the
				  DSU's performance.
(c) When a
				  program improvement plan is in effect, review of the plan is conducted on a
				  biannual basis. If necessary, the Secretary may request that a DSU make further
				  revisions to the plan to improve performance. If the Secretary establishes new
				  performance levels under Sec. 361.86(a)(2), the Secretary and the DSU must
				  jointly modify the program improvement plan based on the new performance
				  levels. The Secretary continues reviews and requests revisions until the DSU
				  sustains satisfactory performance based on the current performance levels over
				  a period of more than 1 year.
(d)
				  If the Secretary determines that a DSU with less than satisfactory performance
				  has failed to enter into a program improvement plan or comply substantially
				  with the terms and conditions of the program improvement plan, the Secretary,
				  consistent with the procedures specified in Sec. 361.11, reduces or makes no
				  further payments to the DSU under this program until the DSU has met one of
				  these two requirements or raised its subsequent performance to meet the current
				  overall minimum satisfactory level on the compliance indicators.
(Approved by the Office of Management and Budget under
					 control number 1820-0508.)
Authority:
					  29 U.S.C.
					 726(b) and (c)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.0 - MDRS Mission

Current through June 25, 2024
It is the mission of the Mississippi Department of Rehabilitation Services to provide appropriate and comprehensive services to Mississippians with disabilities in a timely and effective manner.
All policy statements expressed within this
Office of Vocational Rehabilitation/Office of Vocational Rehabilitation for the Blind Policy and Procedure Manual
reflect a commitment to the mission of the Agency as being the guiding principle with respect to all activities of the Department.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.1 - Nondiscrimination

Current through June 25, 2024
No individual or group of individuals is excluded or found ineligible on the basis of sex, age, race, creed, color, religion, or, national origin, type of disability, duration of residence in Mississippi, public assistance status, citizenship, type of expected employment outcome, source of referral, particular service needs or anticipated costs of services required, or income level of an applicant or applicant's family. This applies to all locations in which rehabilitation services are provided by this agency, including one-stop centers.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.2 - Informed Choice

Current through June 25, 2024
MDRS provides applicants and clients with opportunities to exercise informed choice throughout the VR process, including making decisions about the employment goal, VR services, service providers, settings for employment and service provision, and methods for procuring services.
To enable an individual to make such decisions, MDRS provides information, support and assistance needed by the individual. MDRS has implemented policies, procedures, and practices and developed resources that enable applicants and clients to exercise informed choice throughout the entire VR process; these policies, procedures, and practices are consistent with Federal statutory and regulatory requirements.
Specifically, MDRS ensures that the individual, or if appropriate, the individual through his or her representative:
*
makes decisions related to the assessment process and to selection of the employment outcome and the settings in which employment occurs, vocational rehabilitation services, service providers, the settings for service provision, and the methods for procuring services;
*
has a range of options from which to make these decisions or, to the extent possible, the opportunity to create new options that will meet the individual's specific rehabilitation needs;
*
has access to sufficient information about the consequences of various options;
*
has skills for evaluating the information and for making decisions, or, to the extent possible, the opportunity to develop such skills or support and assistance in carrying out these functions;
*
makes decisions in ways that reflect the individuals strengths, resources, priorities, concerns, abilities, capabilities, and career interests; and
*
takes personal responsibility, to the extent possible, for implementing the chosen options.
For individual Areas of Responsibility, see the
OVR/OVRB Resource Guide.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.4 - Case File Documentation

Current through June 25, 2024
A case file must be maintained for each applicant/client containing all required forms and case records. The counselor will record all decisions to provide, deny or modify services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.5 - Data Collection

Current through June 25, 2024
Counselors shall insure the provision of client and financial data necessary for the operation of the MDRS Management Information System.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.6 - Cost Effective Service Provision

Current through June 25, 2024
Services shall be provided in a cost-effective manner. Vocational rehabilitation services will be provided after a determination that comparable services and benefits are not available under any other program, except in three instances.
Such a determination of comparable services and benefits shall not be required prior to the provision of services planned on an IPE
1. If the determination would
				  delay the provision of such services to any individual at extreme medical
				  risk;
2. if an immediate job
				  placement would be lost due to a delay in the provision of such comparable
				  benefits; or,
3. if the search
				  would delay or interrupt the progress of the individual toward achieving the
				  specific employment outcome identified in the IPE. (Section 101(a)(8) of the
				  1998 Rehabilitation Act
Amendments)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.7 - Outreach Activities

Current through June 25, 2024
MDRS shall ensure issues of traditionally underserved populations are addressed. These issues include, but are not limited to, the following:
*
the rapid changing racial profile of America,
*
the disproportionately high rate of disability in ethnic and racial minorities,
*
the historic inequitable treatment of minorities in the vocational rehabilitation process, and,
*
the need to recruit larger numbers of minorities into the rehabilitation profession.
MDRS addresses strategies regarding minority outreach through the ten geographical case service districts. The following strategies for district outreach activities are designed to ensure that the philosophy of MDRS is implemented at all levels of the organization.
1. District Managers shall be familiar with
				  the ethnic minorities (American Indian, African-Americans, Asian-Americans, and
				  Latinos) located in their service areas.
2. Staff persons shall be designated in all
				  districts to coordinate outreach activities related to minorities and other
				  traditionally unserved or underserved individuals.
3. Each service area shall maintain an
				  outreach program by establishing contact with community centers, churches,
				  clubs, and social organizations where ethnic minorities participate actively
				  and maintain their identity.
4.
				  Service delivery patterns shall be analyzed throughout the district to develop
				  strategies to eradicate current deficiencies in service provision to minority
				  individuals and thereby increase employment outcomes among those
				  groups.
5. Each district shall
				  provide in-service training periodically to increase awareness, sensitivity,
				  and attitudinal shift or change on multi-cultural issues for counselors and
				  support staff.
6. MDRS shall
				  recruit qualified staff of various ethnic origins to fill professional staff
				  vacancies.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.8 - Services to American Indians Who Are Disabled

Current through June 25, 2024
MDRS will provide vocational rehabilitation services to American Indians with disabilities residing in the State to the same extent as the State provides such services to other significant segments of the population of individuals with disabilities residing in the State. Vocational rehabilitation services will continue to be provided, including as appropriate, services traditionally used by Indian tribes, to American Indians with disabilities on reservations eligible for services by special tribal programs under other sections of the Rehabilitation Act. (Section 101(a) (13) and 130 of the 1998 Rehabilitation Act Amendments)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.10 - Utilization of Community Rehabilitation Programs

Current through June 25, 2024
MDRS will, when in the best interest of the consumer, utilize community rehabilitation programs to meet the identified needs of those persons served by the Agency. In order to ensure quality of services provided by community rehabilitation programs, MDRS will institute a mechanism for review and maintenance of community rehabilitation program utilization statistics. Individuals with disabilities are active and full partners in their rehabilitation programming through the exercise of informed choices with respect to selection of services and service providers.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.11 - Utilization of Profit-Making Organizations

Current through June 25, 2024
Mississippi Code, Section 37-33-157, gives MDRS direct purchasing authority for the purchase of services from a profit-making organization for the purpose of providing on-the-job training and related programs. Profit-making organizations may be utilized when they are better qualified than not-for-profit agencies and organizations to provide needed services. This can be determined based on past performance, quality of service, client satisfaction, and similar factors.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.1 - General Policies › Section 32-21-1-1.1.12 - Establishment and Construction Authority

Current through June 25, 2024
MDRS through its Office of Vocational Rehabilitation and Office of Vocational Rehabilitation for the Blind officially exercises the option of Establishment or Construction Authority as provided for in the 1998 Amendments to the Rehabilitation Act. In utilizing such special authority, MDRS will adhere to all applicable rules and regulations as set forth by the State of Mississippi, the Rehabilitation Services Administration, and the U.S. Department of Education.
MDRS will use this authority for the establishment, development, or improvements of community rehabilitation programs, including, under special circumstances, the construction of a facility and the provision of other services (including services offered at community rehabilitation programs) which promise to contribute substantially to the rehabilitation of a group of individuals but which are not related directly to the individualized rehabilitation program of any one individual with a disability. Such programs will be used to provide services that promote integration and competitive employment. (Section 103(b)(2) and Section 104 of the 1998 Rehabilitation Act Amendments)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 21 - Vocational Rehabilitation Policy and Resource Guide › Chapter 1 - Mission and Assurances › Section 32-21-1-1.2 - Vocational Rehabilitation Services for Employees of MDRS

Current through June 25, 2024
The practice for providing services to MDRS employees who have disabilities are exactly the same as those for providing vocational rehabilitation services to any person with a disability. Every case being considered for vocational rehabilitation services must be subjected to the eligibility criteria established in
Section 102(a), Title I
of the
1998 Rehabilitation Act Amendments
. These criteria are equally applicable to employees of MDRS who may apply for vocational rehabilitation services. An employee of MDRS who is seeking vocational rehabilitation services should never confuse these services with having reasonable accommodations on the job. The concept of reasonable accommodations on the job applies to the accommodations needed at the job site in order to function on the job. The use of comparable benefits must be evident in all rehabilitation programs.