Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart A - General › Section 32-11-361-A-361.5 - Applicable definitions

Current through June 25, 2024
(a) Definitions in
				  EDGAR. The following terms used in this part are defined in
				   34 CFR
				  77.1:
Department
EDGAR
Fiscal year
Nonprofit
Private
Public
Secretary
(b) Other definitions. The following
				  definitions also apply to this part:
(1) Act
				  means the Rehabilitation Act of 1973, as amended (
				   29 U.S.C.
				  701  et seq.).
(2) Administrative costs under the State plan
				  means expenditures incurred in the performance of administrative functions
				  under the vocational rehabilitation program carried out under this part,
				  including expenses related to program planning, development, monitoring, and
				  evaluation, including, but not limited to, expenses for--
(i) Quality assurance;
(ii) Budgeting, accounting, financial
				  management, information systems, and related data processing;
(iii) Providing information about the program
				  to the public;
(iv) Technical
				  assistance and support services to other State agencies, private nonprofit
				  organizations, and businesses and industries, except for technical assistance
				  and support services described in Sec. 361.49(a)(4);
(v) The State Rehabilitation Council and
				  other advisory committees;
(vi)
				  Professional organization membership dues for designated State unit
				  employees;
(vii) The removal of
				  architectural barriers in State vocational rehabilitation agency offices and
				  State-operated rehabilitation facilities;
(viii) Operating and maintaining designated
				  State unit facilities, equipment, and grounds;
(ix) Supplies;
(x) Administration of the comprehensive
				  system of personnel development described in Sec. 361.18, including personnel
				  administration, administration of affirmative action plans, and training and
				  staff development;
(xi)
				  Administrative salaries, including clerical and other support staff salaries,
				  in support of these administrative functions;
(xii) Travel costs related to carrying out
				  the program, other than travel costs related to the provision of
				  services;
(xiii) Costs incurred in
				  conducting reviews of determinations made by personnel of the designated State
				  unit, including costs associated with mediation and impartial due process
				  hearings under Sec. 361.57; and
(xiv) Legal expenses required in the
				  administration of the program.
(Authority: Section 7(1) of the Act;
					  29 U.S.C.
					 705(1)  )
(3) American Indian means an
				  individual who is a member of an Indian tribe.
(Authority: Section 7(19)(A) of the Act;
					  29 U.S.C.
					 705(19)(A)  )
(4) Applicant means an individual
				  who submits an application for vocational rehabilitation services in accordance
				  with Sec. 361.41(b)(2).
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(5) Appropriate modes of communication means
				  specialized aids and supports that enable an individual with a disability to
				  comprehend and respond to information that is being communicated. Appropriate
				  modes of communication include, but are not limited to, the use of
				  interpreters, open and closed captioned videos, specialized telecommunications
				  services and audio recordings, Brailled and large print materials, materials in
				  electronic formats, augmentative communication devices, graphic presentations,
				  and simple language materials.
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(6) Assessment for determining eligibility
				  and vocational rehabilitation needs means, as appropriate in each case--
(i)
(A) A
				  review of existing data--
(1) To determine if
				  an individual is eligible for vocational rehabilitation services; and
(2) To assign priority for an order of
				  selection described in Sec. 361.36 in the States that use an order of
				  selection; and
(B) To
				  the extent necessary, the provision of appropriate assessment activities to
				  obtain necessary additional data to make the eligibility determination and
				  assignment;
(ii) To the
				  extent additional data are necessary to make a determination of the employment
				  outcomes and the nature and scope of vocational rehabilitation services to be
				  included in the individualized plan for employment of an eligible individual, a
				  comprehensive assessment to determine the unique strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed choice,
				  including the need for supported employment, of the eligible individual. This
				  comprehensive assessment--
(A) Is limited to
				  information that is necessary to identify the rehabilitation needs of the
				  individual and to develop the individualized plan of employment of the eligible
				  individual;
(B) Uses as a primary
				  source of information, to the maximum extent possible and appropriate and in
				  accordance with confidentiality requirements--
(1) Existing information obtained for the
				  purposes of determining the eligibility of the individual and assigning
				  priority for an order of selection described in Sec. 361.36 for the individual;
				  and
(2) Information that can be
				  provided by the individual and, if appropriate, by the family of the
				  individual;
(C) May
				  include, to the degree needed to make such a determination, an assessment of
				  the personality, interests, interpersonal skills, intelligence and related
				  functional capacities, educational achievements, work experience, vocational
				  aptitudes, personal and social adjustments, and employment opportunities of the
				  individual and the medical, psychiatric, psychological, and other pertinent
				  vocational, educational, cultural, social, recreational, and environmental
				  factors that affect the employment and rehabilitation needs of the individual;
				  and
(D) May include, to the degree
				  needed, an appraisal of the patterns of work behavior of the individual and
				  services needed for the individual to acquire occupational skills and to
				  develop work attitudes, work habits, work tolerance, and social and behavior
				  patterns necessary for successful job performance, including the use of work in
				  real job situations to assess and develop the capacities of the individual to
				  perform adequately in a work environment;
(iii) Referral, for the provision of
				  rehabilitation technology services to the individual, to assess and develop the
				  capacities of the individual to perform in a work environment; and
(iv) An exploration of the individual's
				  abilities, capabilities, and capacity to perform in work situations, which must
				  be assessed periodically during trial work experiences, including experiences
				  in which the individual is provided appropriate supports and training.
(Authority: Section 7(2) of the Act;
					  29 U.S.C.
					 705(2)  )
(7) Assistive technology device
				  means any item, piece of equipment, or product system, whether acquired
				  commercially off the shelf, modified, or customized, that is used to increase,
				  maintain, or improve the functional capabilities of an individual with a
				  disability.
(Authority: Section 7(3) of the Act;
					  29 U.S.C.
					 705(3)  )
(8) Assistive technology service means any
				  service that directly assists an individual with a disability in the selection,
				  acquisition, or use of an assistive technology device, including--
(i) The evaluation of the needs of an
				  individual with a disability, including a functional evaluation of the
				  individual in his or her customary environment;
(ii) Purchasing, leasing, or otherwise
				  providing for the acquisition by an individual with a disability of an
				  assistive technology device;
(iii)
				  Selecting, designing, fitting, customizing, adapting, applying, maintaining,
				  repairing, or replacing assistive technology devices;
(iv) Coordinating and using other therapies,
				  interventions, or services with assistive technology devices, such as those
				  associated with existing education and rehabilitation plans and
				  programs;
(v) Training or technical
				  assistance for an individual with a disability or, if appropriate, the family
				  members, guardians, advocates, or authorized representatives of the individual;
				  and
(vi) Training or technical
				  assistance for professionals (including individuals providing education and
				  rehabilitation services), employers, or others who provide services to, employ,
				  or are otherwise substantially involved in the major life functions of
				  individuals with disabilities, to the extent that training or technical
				  assistance is necessary to the achievement of an employment outcome by an
				  individual with a disability.
(Authority: Sections 7(4) and 12(c) of the Act;
					  29 U.S.C.
					 705(4)  and 709(c)  )
(9) Community
				  rehabilitation program.
(i) Community
				  rehabilitation program means a program that provides directly or facilitates
				  the provision of one or more of the following vocational rehabilitation
				  services to individuals with disabilities to enable those individuals to
				  maximize their opportunities for employment, including career advancement:
(A) Medical, psychiatric, psychological,
				  social, and vocational services that are provided under one
				  management.
(B) Testing, fitting,
				  or training in the use of prosthetic and orthotic devices.
(C) Recreational therapy.
(D) Physical and occupational
				  therapy.
(E) Speech, language, and
				  hearing therapy.
(F) Psychiatric,
				  psychological, and social services, including positive behavior
				  management.
(G) Assessment for
				  determining eligibility and vocational rehabilitation needs.
(H) Rehabilitation technology.
(I) Job development, placement, and retention
				  services.
(J) Evaluation or control
				  of specific disabilities.
(K)
				  Orientation and mobility services for individuals who are blind.
(L) Extended employment.
(M) Psychosocial rehabilitation
				  services.
(N) Supported employment
				  services and extended services.
(O)
				  Services to family members if necessary to enable the applicant or eligible
				  individual to achieve an employment outcome.
(P) Personal assistance services.
(Q) Services similar to the services
				  described in paragraphs (A) through (P) of this definition.
(ii) For the purposes of this
				  definition, the word program means an agency, organization, or institution, or
				  unit of an agency, organization, or institution, that provides directly or
				  facilitates the provision of vocational rehabilitation services as one of its
				  major functions.
(10)
				  Comparable services and benefits means--
(i)
				  Services and benefits that are--
(A) Provided
				  or paid for, in whole or in part, by other Federal, State, or local public
				  agencies, by health insurance, or by employee benefits;
(B) Available to the individual at the time
				  needed to ensure the progress of the individual toward achieving the employment
				  outcome in the individual's individualized plan for employment in accordance
				  with Sec. 361.53; and
(C)
				  Commensurate to the services that the individual would otherwise receive from
				  the designated State vocational rehabilitation agency.
(ii) For the purposes of this definition,
				  comparable benefits do not include awards and scholarships based on merit.
(Authority: Sections 12(c) and 101(a)(8) of the Act;
					  29 U.S.C.
					 709(c)  and 721(a)(8)  )
(11)
				  Competitive employment means work--
(i) In
				  the competitive labor market that is performed on a fulltime or part-time basis
				  in an integrated setting; and
(ii)
				  For which an individual is compensated at or above the minimum wage, but not
				  less than the customary wage and level of benefits paid by the employer for the
				  same or similar work performed by individuals who are not disabled.
(Authority: Sections 7(11) and 12(c) of the Act;
					  29 U.S.C.
					 705(11)  and 709(c)  )
(12) Construction of a
				  facility for a public or nonprofit community rehabilitation program means--
(i) The acquisition of land in connection
				  with the construction of a new building for a community rehabilitation
				  program;
(ii) The construction of
				  new buildings;
(iii) The
				  acquisition of existing buildings;
(iv) The expansion, remodeling, alteration,
				  or renovation of existing buildings;
(v) Architect's fees, site surveys, and soil
				  investigation, if necessary, in connection with the construction
				  project;
(vi) The acquisition of
				  initial fixed or movable equipment of any new, newly acquired, newly expanded,
				  newly remodeled, newly altered, or newly renovated buildings that are to be
				  used for community rehabilitation program purposes; and
(vii) Other direct expenditures appropriate
				  to the construction project, except costs of off-site improvements.
(Authority: Sections 7(6) and 12(c) of the Act;
					  29 U.S.C.
					 705(6)  and 709(c)  )
(13) Designated State
				  agency or State agency means the sole State agency, designated in accordance
				  with Sec. 361.13(a), to administer, or supervise the local administration of,
				  the State plan for vocational rehabilitation services. The term includes the
				  State agency for individuals who are blind, if designated as the sole State
				  agency with respect to that part of the plan relating to the vocational
				  rehabilitation of individuals who are blind.
(Authority: Sections 7(8)(A) and 101(a)(2)(A) of the Act;
					  29 U.S.C.
					 705(8)(A)  and 721(a)(2)(A)  )
(14) Designated State
				  unit or State unit means either--
(i) The
				  State vocational rehabilitation bureau, division, or other organizational unit
				  that is primarily concerned with vocational rehabilitation or vocational and
				  other rehabilitation of individuals with disabilities and that is responsible
				  for the administration of the vocational rehabilitation program of the State
				  agency, as required under Sec. 361.13(b); or
(ii) The State agency that is primarily
				  concerned with vocational rehabilitation or vocational and other rehabilitation
				  of individuals with disabilities.
(Authority: Sections 7(8)(B) and 101(a)(2)(B) of the Act;
					  29 U.S.C.
					 705(8)(B)  and 721(a)(2)(B)  )
(15) Eligible
				  individual means an applicant for vocational rehabilitation services who meets
				  the eligibility requirements of Sec. 361.42(a).
(Authority: Sections 7(20)(A) and 102(a)(1) of the Act;
					  29 U.S.C.
					 705(20)(A)  and 722(a)(1)  )
(16) Employment outcome
				  means, with respect to an individual, entering or retaining full-time or, if
				  appropriate, part-time competitive employment in the integrated labor market to
				  the greatest extent practicable; supported employment; or any other type of
				  employment, including self-employment, telecommuting, or business ownership,
				  that is consistent with an individual's strengths, resources, priorities,
				  concerns, abilities, capabilities, interests, and informed choice.
(Authority: Sections 7(11), 12(c), 100(a)(2), and
					 102(b)(3)(A) of the Act;  29
					 U.S.C. 705(11), 709(c), 720(a)(2), and 722(b)(3)(A)  )
(17) Establishment,
				  development, or improvement of a public or nonprofit community rehabilitation
				  program means--
(i) The establishment of a
				  facility for a public or nonprofit community rehabilitation program as defined
				  in paragraph (b)(18) of this section to provide vocational rehabilitation
				  services to applicants or eligible individuals;
(ii) Staffing, if necessary to establish,
				  develop, or improve a community rehabilitation program for the purpose of
				  providing vocational rehabilitation services to applicants or eligible
				  individuals, for a maximum period of 4 years, with Federal financial
				  participation available at the applicable matching rate for the following
				  levels of staffing costs:
(A) 100 percent of
				  staffing costs for the first year.
(B) 75 percent of staffing costs for the
				  second year.
(C) 60 percent of
				  staffing costs for the third year.
(D) 45 percent of staffing costs for the
				  fourth year; and
(iii)
				  Other expenditures related to the establishment, development, or improvement of
				  a community rehabilitation program that are necessary to make the program
				  functional or increase its effectiveness in providing vocational rehabilitation
				  services to applicants or eligible individuals, but are not ongoing operating
				  expenses of the program.
(Authority: Sections 7(12) and 12(c) of the Act;
					  29 U.S.C.
					 705(12)  and 709(c)  )
(18) Establishment of a
				  facility for a public or nonprofit community rehabilitation program means--
(i) The acquisition of an existing building
				  and, if necessary, the land in connection with the acquisition, if the building
				  has been completed in all respects for at least 1 year prior to the date of
				  acquisition and the Federal share of the cost of acquisition is not more than
				  $300,000;
(ii) The remodeling or
				  alteration of an existing building, provided the estimated cost of remodeling
				  or alteration does not exceed the appraised value of the existing
				  building;
(iii) The expansion of an
				  existing building, provided that--
(A) The
				  existing building is complete in all respects;
(B) The total size in square footage of the
				  expanded building, notwithstanding the number of expansions, is not greater
				  than twice the size of the existing building;
(C) The expansion is joined structurally to
				  the existing building and does not constitute a separate building;
				  and
(D) The costs of the expansion
				  do not exceed the appraised value of the existing building;
(iv) Architect's fees, site
				  survey, and soil investigation, if necessary in connection with the
				  acquisition, remodeling, alteration, or expansion of an existing building;
				  and
(v) The acquisition of fixed or
				  movable equipment, including the costs of installation of the equipment, if
				  necessary to establish, develop, or improve a community rehabilitation program.
(Authority: Sections 7(12) and 12(c) of the Act;
					  29 U.S.C.
					 705(12)  and 709(c)  )
(19) Extended
				  employment means work in a non-integrated or sheltered setting for a public or
				  private nonprofit agency or organization that provides compensation in
				  accordance with the Fair Labor Standards Act and any needed support services to
				  an individual with a disability to enable the individual to continue to train
				  or otherwise prepare for competitive employment, unless the individual through
				  informed choice chooses to remain in extended employment.
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(20) Extended services means ongoing support
				  services and other appropriate services that are needed to support and maintain
				  an individual with a most significant disability in supported employment and
				  that are provided by a State agency, a private nonprofit organization,
				  employer, or any other appropriate resource, from funds other than funds
				  received under this part and 34 CFR part 363 after an individual with a most
				  significant disability has made the transition from support provided by the
				  designated State unit.
(Authority: Sections 7(13) and 623 of the Act;
					  29 U.S.C.
					 705(13)  and 795 i )
(21) Extreme medical risk means a probability
				  of substantially increasing functional impairment or death if medical services,
				  including mental health services, are not provided expeditiously.
(Authority: Sections 12(c) and 101(a)(8)(A)(i)(III) of the
					 Act;  29 U.S.C.
					 709(c)  and 721(a)(8)(A)(i)(III)  )
(22) Fair hearing board
				  means a committee, body, or group of persons established by a State prior to
				  January 1, 1985 that--
(i) Is authorized under
				  State law to review determinations made by personnel of the designated State
				  unit that affect the provision of vocational rehabilitation services;
				  and
(ii) Carries out the
				  responsibilities of the impartial hearing officer in accordance with the
				  requirements in Sec. 361.57(j).
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(23) Family member, for purposes
				  of receiving vocational rehabilitation services in accordance with Sec.
				  361.48(i), means an individual--
(i) Who
				  either--
(A) Is a relative or guardian of an
				  applicant or eligible individual; or
(B) Lives in the same household as an
				  applicant or eligible individual;
(ii) Who has a substantial interest in the
				  well-being of that individual; and
(iii) Whose receipt of vocational
				  rehabilitation services is necessary to enable the applicant or eligible
				  individual to achieve an employment outcome.
(Authority: Sections 12(c) and 103(a)(17) of the Act;
					  29 U.S.C.
					 709(c)  and 723(a)(17)  )
(24) Governor
				  means a chief executive officer of a State.
(Authority: Section 7(15) of the Act;
					  29 U.S.C.
					 705(15)  )
(25) Impartial hearing officer.
(i) Impartial hearing officer means an
				  individual who--
(A) Is not an employee of a
				  public agency (other than an administrative law judge, hearing examiner, or
				  employee of an institution of higher education);
(B) Is not a member of the State
				  Rehabilitation Council for the designated State unit;
(C) Has not been involved previously in the
				  vocational rehabilitation of the applicant or eligible individual;
(D) Has knowledge of the delivery of
				  vocational rehabilitation services, the State plan, and the Federal and State
				  regulations governing the provision of services;
(E) Has received training with respect to the
				  performance of official duties; and
(F) Has no personal, professional, or
				  financial interest that would be in conflict with the objectivity of the
				  individual.
(ii) An
				  individual is not considered to be an employee of a public agency for the
				  purposes of this definition solely because the individual is paid by the agency
				  to serve as a hearing officer.
(Authority: Section 7(16) of the Act;
					  29 U.S.C.
					 705(16)  )
(26) Indian tribe means any
				  Federal or State Indian tribe, band, rancheria, pueblo, colony, or community,
				  including any Alaskan native village or regional village corporation (as
				  defined in or established pursuant to the Alaska Native Claims Settlement Act).
(Authority: Section 7(19)(B) of the Act;
					  29 U.S.C.
					 705(19)(B)  )
(27) Individual who is blind means
				  a person who is blind within the meaning of applicable State law. (Authority:
				  Section 12(c) of the Act;  29
				  U.S.C. 709(c)  )
(28) Individual with a disability, except as
				  provided in Sec. 361.5(b)(29), means an individual--
(i) Who has a physical or mental
				  impairment;
(ii) Whose impairment
				  constitutes or results in a substantial impediment to employment; and
(iii) Who can benefit in terms of an
				  employment outcome from the provision of vocational rehabilitation services.
(Authority: Section 7(20)(A) of the Act;
					  29 U.S.C.
					 705(20)(A)  )
(29) Individual with a
				  disability, for purposes of Secs. 361.5(b)(14), 361.13(a), 361.13(b)(1),
				  361.17(a), (b), (c), and (j), 361.18(b), 361.19, 361.20, 361.23(b)(2),
				  361.29(a) and (d)(5), and 361.51(b), means an individual--
(i) Who has a physical or mental impairment
				  that substantially limits one or more major life activities;
(ii) Who has a record of such an impairment;
				  or
(iii) Who is regarded as having
				  such an impairment.
(Authority: Section 7(20)(B) of the Act;
					  29 U.S.C.
					 705(20)(B)  )
(30) Individual with a
				  most significant disability means an individual with a significant disability
				  who meets the designated State unit's criteria for an individual with a most
				  significant disability. These criteria must be consistent with the requirements
				  in Sec. 361.36(d)(1) and (2).
(Authority: Sections 7(21)(E)(i) and 101(a)(5)(C) of the
					 Act;  29 U.S.C.
					 705(21)(E)(i)  and 721(a)(5)(C)  )
(31) Individual with a
				  significant disability means an individual with a disability--
(i) Who has a severe physical or mental
				  impairment that seriously limits one or more functional capacities (such as
				  mobility, communication, self-care, self-direction, interpersonal skills, work
				  tolerance, or work skills) in terms of an employment outcome;
(ii) Whose vocational rehabilitation can be
				  expected to require multiple vocational rehabilitation services over an
				  extended period of time; and
(iii)
				  Who has one or more physical or mental disabilities resulting from amputation,
				  arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic
				  fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia,
				  respiratory or pulmonary dysfunction, mental retardation, mental illness,
				  multiple sclerosis, muscular dystrophy, musculo-skeletal disorders,
				  neurological disorders (including stroke and epilepsy), spinal cord conditions
				  (including paraplegia and quadriplegia), sickle cell anemia, specific learning
				  disability, end-stage renal disease, or another disability or combination of
				  disabilities determined on the basis of an assessment for determining
				  eligibility and vocational rehabilitation needs to cause comparable substantial
				  functional limitation.
(Authority: Section 7(21)(A) of the Act;
					  29 U.S.C.
					 705(21)(A)  )
(32) Individual's
				  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
				  individual's representative.
(Authority: Sections 7(22) and 12(c) of the Act;
					  29 U.S.C.
					 705(22)  and 709(c)  )
(33) Integrated setting,--
(i) With respect to the provision of
				  services, means a setting typically found in the community in which applicants
				  or eligible individuals interact with non-disabled individuals other than
				  non-disabled individuals who are providing services to those applicants or
				  eligible individuals;
(ii) With
				  respect to an employment outcome, means a setting typically found in the
				  community in which applicants or eligible individuals interact with
				  non-disabled individuals, other than non-disabled individuals who are providing
				  services to those applicants or eligible individuals, to the same extent that
				  non-disabled individuals in comparable positions interact with other persons.
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(34) Local workforce investment
				  board means a local workforce investment board established under section 117 of
				  the Workforce Investment Act of 1998.
(Authority: Section 7(25) of the Act;
					  29 U.S.C.
					 705(25)  )
(35) Maintenance means monetary support
				  provided to an individual for expenses, such as food, shelter, and clothing,
				  that are in excess of the normal expenses of the individual and that are
				  necessitated by the individual's participation in an assessment for determining
				  eligibility and vocational rehabilitation needs or the individual's receipt of
				  vocational rehabilitation services under an individualized plan for employment.
(Authority: Sections 12(c) and 103(a)(7) of the Act;
					  29 U.S.C.
					 709(c)  and 723(a)(7)  )
(i) Examples: The following are
				  examples of expenses that would meet the definition of maintenance. The
				  examples are illustrative, do not address all possible circumstances, and are
				  not intended to substitute for individual counselor judgment.
Example 1: The cost of a uniform or other suitable clothing
					 that is required for an individual's job placement or job-seeking
					 activities.
Example 2: The cost of short-term shelter that is required
					 in order for an individual to participate in assessment activities or
					 vocational training at a site that is not within commuting distance of an
					 individual's home.
Example 3: The initial one-time costs, such as a security
					 deposit or charges for the initiation of utilities, that are required in order
					 for an individual to relocate for a job placement.
Example 4: The costs of an individual's participation in
					 enrichment activities related to that individual's training program.
(ii) [Reserved]
(36) Mediation means the act or
				  process of using an independent third party to act as a mediator, intermediary,
				  or conciliator to assist persons or parties in settling differences or disputes
				  prior to pursuing formal administrative or other legal remedies. Mediation
				  under the program must be conducted in accordance with the requirements in Sec.
				  361.57(d) by a qualified and impartial mediator as defined in Sec.
				  361.5(b)(43).
(Authority: Section 12(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(37) Nonprofit, with respect to a community
				  rehabilitation program, means a community rehabilitation program carried out by
				  a corporation or association, no part of the net earnings of which inures, or
				  may lawfully inure, to the benefit of any private shareholder or individual and
				  the income of which is exempt from taxation under section 501(c)(3) of the
				  Internal Revenue Code of 1986.
(Authority: Section 7(26) of the Act;
					  29 U.S.C.
					 705(26)  )
(38) Ongoing support services, as used in the
				  definition of ``Supported employment''
(i)
				  Means services that are--
(A) Needed to
				  support and maintain an individual with a most significant disability in
				  supported employment;
(B)
				  Identified based on a determination by the designated State unit of the
				  individual's need as specified in an individualized plan for employment;
				  and
(C) Furnished by the designated
				  State unit from the time of job placement until transition to extended
				  services, unless post-employment services are provided following transition,
				  and thereafter by one or more extended services providers throughout the
				  individual's term of employment in a particular job placement or multiple
				  placements if those placements are being provided under a program of
				  transitional employment;
(ii) Must include an assessment of employment
				  stability and provision of specific services or the coordination of services at
				  or away from the worksite that are needed to maintain stability based on--
(A) At a minimum, twice-monthly monitoring at
				  the worksite of each individual in supported employment; or
(B) If under specific circumstances,
				  especially at the request of the individual, the individualized plan for
				  employment provides for off-site monitoring, twice monthly meetings with the
				  individual;
(iii)
				  Consist of--
(A) Any particularized assessment
				  supplementary to the comprehensive assessment of rehabilitation needs described
				  in paragraph (b)(6)(ii) of this section;
(B) The provision of skilled job trainers who
				  accompany the individual for intensive job skill training at the work
				  site;
(C) Job development and
				  training;
(D) Social skills
				  training;
(E) Regular observation
				  or supervision of the individual;
(F) Follow-up services including regular
				  contact with the employers, the individuals, the parents, family members,
				  guardians, advocates or authorized representatives of the individuals, and
				  other suitable professional and informed advisors, in order to reinforce and
				  stabilize the job placement;
(G)
				  Facilitation of natural supports at the worksite;
(H) Any other service identified in the scope
				  of vocational rehabilitation services for individuals, described in Sec.
				  361.48; or
(I) Any service similar
				  to the foregoing services.
(Authority: Sections 7(27) and 12(c) of the Act;
					  29 U.S.C.
					 705(27)  and 709(c)  )
(39)
				  Personal assistance services means a range of services provided by one or more
				  persons designed to assist an individual with a disability to perform daily
				  living activities on or off the job that the individual would typically perform
				  without assistance if the individual did not have a disability. The services
				  must be designed to increase the individual's control in life and ability to
				  perform everyday activities on or off the job. The services must be necessary
				  to the achievement of an employment outcome and may be provided only while the
				  individual is receiving other vocational rehabilitation services. The services
				  may include training in managing, supervising, and directing personal
				  assistance services.
(Authority: Sections 7(28), 102(b)(3)(B)(i)(I), and
					 103(a)(9) of the Act;  29
					 U.S.C. 705(28), 722(b)(3)(B)(i)(I),
					 and  723(a)(9)  )
(40) Physical and mental
				  restoration services means--
(i) Corrective
				  surgery or therapeutic treatment that is likely, within a reasonable period of
				  time, to correct or modify substantially a stable or slowly progressive
				  physical or mental impairment that constitutes a substantial impediment to
				  employment;
(ii) Diagnosis of and
				  treatment for mental or emotional disorders by qualified personnel in
				  accordance with State licensure laws;
(iii) Dentistry;
(iv) Nursing services;
(v) Necessary hospitalization (either
				  inpatient or outpatient care) in connection with surgery or treatment and
				  clinic services;
(vi) Drugs and
				  supplies;
(vii) Prosthetic and
				  orthotic devices;
(viii) Eyeglasses
				  and visual services, including visual training, and the examination and
				  services necessary for the prescription and provision of eyeglasses, contact
				  lenses, microscopic lenses, telescopic lenses, and other special visual aids
				  prescribed by personnel that are qualified in accordance with State licensure
				  laws;
(ix) Podiatry;
(x) Physical therapy;
(xi) Occupational therapy;
(xii) Speech or hearing therapy;
(xiii) Mental health services;
(xiv) Treatment of either acute or chronic
				  medical complications and emergencies that are associated with or arise out of
				  the provision of physical and mental restoration services, or that are inherent
				  in the condition under treatment;
(xv) Special services for the treatment of
				  individuals with end-stage renal disease, including transplantation, dialysis,
				  artificial kidneys, and supplies; and
(xvi) Other medical or medically related
				  rehabilitation services.
(Authority: Sections 12(c) and 103(a)(6) of the Act;
					  29
					 U.S.C.709(c)  and 723(a)(6)  )
(41) Physical
				  or mental impairment means--
(i) Any
				  physiological disorder or condition, cosmetic disfigurement, or anatomical loss
				  affecting one or more of the following body systems: neurological,
				  musculo-skeletal, special sense organs, respiratory (including speech organs),
				  cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic,
				  skin, and endocrine; or
(ii) Any
				  mental or psychological disorder such as mental retardation, organic brain
				  syndrome, emotional or mental illness, and specific learning disabilities.
(Authority: Sections 7(20)(A) and 12(c) of the Act;
					  29 U.S.C.
					 705(20)(A)  and 709(c)  )
(42) Post-employment
				  services means one or more of the services identified in Sec. 361.48 that are
				  provided subsequent to the achievement of an employment outcome and that are
				  necessary for an individual to maintain, regain, or advance in employment,
				  consistent with the individual's strengths, resources, priorities, concerns,
				  abilities, capabilities, interests, and informed choice.
(Authority: Sections 12(c) and 103(a)(18) of the Act;
					  29 U.S.C.
					 709(c)  ) and
					 723(a)(18))
Note to paragraph (b)(42): Post-employment services are
					 intended to ensure that the employment outcome remains consistent with the
					 individual's strengths, resources, priorities, concerns, abilities,
					 capabilities, interests, and informed choice. These services are available to
					 meet rehabilitation needs that do not require a complex and comprehensive
					 provision of services and, thus, should be limited in scope and duration. If
					 more comprehensive services are required, then a new rehabilitation effort
					 should be considered. Post-employment services are to be provided under an
					 amended individualized plan for employment; thus, a re-determination of
					 eligibility is not required. The provision of post-employment services is
					 subject to the same requirements in this part as the provision of any other
					 vocational rehabilitation service. Post-employment services are available to
					 assist an individual to maintain employment, e.g., the individual's employment
					 is jeopardized because of conflicts with supervisors or co-workers, and the
					 individual needs mental health services and counseling to maintain the
					 employment; to regain employment, e.g., the individual's job is eliminated
					 through reorganization and new placement services are needed; and to advance in
					 employment, e.g., the employment is no longer consistent with the individual's
					 strengths, resources, priorities, concerns, abilities, capabilities, interests,
					 and informed choice.
(43)
				  Qualified and impartial mediator.
(i)
				  Qualified and impartial mediator means an individual who--
(A) Is not an employee of a public agency
				  (other than an administrative law judge, hearing examiner, employee of a State
				  office of mediators, or employee of an institution of higher
				  education);
(B) Is not a member of
				  the State Rehabilitation Council for the designated State unit;
(C) Has not been involved previously in the
				  vocational rehabilitation of the applicant or eligible individual;
(D) Is knowledgeable of the vocational
				  rehabilitation program and the applicable Federal and State laws, regulations,
				  and policies governing the provision of vocational rehabilitation
				  services;
(E) Has been trained in
				  effective mediation techniques consistent with any State-approved or
				  -recognized certification, licensing, registration, or other requirements;
				  and
(F) Has no personal,
				  professional, or financial interest that would be in conflict with the
				  objectivity of the individual during the mediation proceedings.
(ii) An individual serving as a
				  mediator is not considered to be an employee of the designated State agency or
				  designated State unit for the purposes of this definition solely because the
				  individual is paid by the designated State agency or designated State unit to
				  serve as a mediator.
(Authority: Sections 12(c) and 102(c)(4) of the Act;
					  29 U.S.C.
					 709(c)  and 722(c)(4)  )
(44)
				  Rehabilitation engineering means the systematic application of engineering
				  sciences to design, develop, adapt, test, evaluate, apply, and distribute
				  technological solutions to problems confronted by individuals with disabilities
				  in functional areas, such as mobility, communications, hearing, vision, and
				  cognition, and in activities associated with employment, independent living,
				  education, and integration into the community.
(Authority: Section 7(12)(c) of the Act;
					  29 U.S.C.
					 709(c)  )
(45) Rehabilitation technology means the
				  systematic application of technologies, engineering methodologies, or
				  scientific principles to meet the needs of, and address the barriers confronted
				  by, individuals with disabilities in areas that include education,
				  rehabilitation, employment, transportation, independent living, and recreation.
				  The term includes rehabilitation engineering, assistive technology devices, and
				  assistive technology services.
(Authority: Section 7(30) of the Act;
					  29 U.S.C.
					 705(30)  )
(46) Reservation means a Federal or State
				  Indian reservation, public domain Indian allotment, former Indian reservation
				  in Oklahoma, and land held by incorporated Native groups, regional
				  corporations, and village corporations under the provisions of the Alaska
				  Native Claims Settlement Act.
(Authority: Section 121(c) of the Act;
					  29 U.S.C.
					 741(c)  )
(47) Sole local agency means a unit or
				  combination of units of general local government or one or more Indian tribes
				  that has the sole responsibility under an agreement with, and the supervision
				  of, the State agency to conduct a local or tribal vocational rehabilitation
				  program, in accordance with the State plan.
(Authority: Section 7(24) of the Act;
					  29 U.S.C.
					 705(24)  )
(48) State means any of the 50 States, the
				  District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
				  Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
				  Islands.
(Authority: Section 7(32) of the Act;
					  29 U.S.C.
					 705(32)  )
(49) State workforce investment board means a
				  State workforce investment board established under section 111 of the Workforce
				  Investment Act of 1998.
(Authority: Section 7(33) of the Act;
					  29 U.S.C.
					 705(33)  )
(50) Statewide workforce investment system
				  means a system described in section 111(d)(2) of the Workforce Investment Act
				  of 1998.
(Authority: Section 7(34) of the Act;
					  29 U.S.C.
					 705(34)  )
(51) State plan means the State plan for
				  vocational rehabilitation services submitted under Sec. 361.10.
(Authority: Sections 12(c) and 101 of the Act;
					  29 U.S.C.
					 709(c)  and 721  )
(52) Substantial impediment to employment
				  means that a physical or mental impairment (in light of attendant medical,
				  psychological, vocational, educational, communication, and other related
				  factors) hinders an individual from preparing for, entering into, engaging in,
				  or retaining employment consistent with the individual's abilities and
				  capabilities.
(Authority: Sections 7(20)(A) and 12(c) of the Act;
					  29 U.S.C.
					 705(20)(A)  and 709(c)  )
(53) Supported employment means--
(i) Competitive employment in an integrated
				  setting, or employment in integrated work settings in which individuals are
				  working toward competitive employment, consistent with the strengths,
				  resources, priorities, concerns, abilities, capabilities, interests, and
				  informed choice of the individuals with ongoing support services for
				  individuals with the most significant disabilities--
(A) For whom competitive employment has not
				  traditionally occurred or for whom competitive employment has been interrupted
				  or intermittent as a result of a significant disability; and
(B) Who, because of the nature and severity
				  of their disabilities, need intensive supported employment services from the
				  designated State unit and extended services after transition as described in
				  paragraph (b)(20) of this section to perform this work; or
(ii) Transitional employment, as defined in
				  paragraph (b)(54) of this section, for individuals with the most significant
				  disabilities due to mental illness.
(Authority: Section 7(35) of the Act;
					  29 U.S.C.
					 705(35)  )
(54) Supported employment services
				  means ongoing support services and other appropriate services needed to support
				  and maintain an individual with a most significant disability in supported
				  employment that are provided by the designated State unit--
(i) For a period of time not to exceed 18
				  months, unless under special circumstances the eligible individual and the
				  rehabilitation counselor or coordinator jointly agree to extend the time to
				  achieve the employment outcome identified in the individualized plan for
				  employment; and
(ii) Following
				  transition, as post-employment services that are unavailable from an extended
				  services provider and that are necessary to maintain or regain the job
				  placement or advance in employment.
(Authority: Sections 7(36) and 12(c) of the Act;
					  29 U.S.C.
					 705(36)  and 709(c)  )
(55) Transition
				  services means a coordinated set of activities for a student designed within an
				  outcome-oriented process that promotes movement from school to post-school
				  activities, including postsecondary education, vocational training, integrated
				  employment (including supported employment), continuing and adult education,
				  adult services, independent living, or community participation. The coordinated
				  set of activities must be based upon the individual student's needs, taking
				  into account the student's preferences and interests, and must include
				  instruction, community experiences, the development of employment and other
				  post-school adult living objectives, and, if appropriate, acquisition of daily
				  living skills and functional vocational evaluation. Transition services must
				  promote or facilitate the achievement of the employment outcome identified in
				  the student's individualized plan for employment.
(Authority: Section 7(37) and 103(a)(15) of the Act;
					  29 U.S.C.
					 705(37)  and 723(a)(15)  )
(56) Transitional
				  employment, as used in the definition of ``Supported employment,'' means a
				  series of temporary job placements in competitive work in integrated settings
				  with ongoing support services for individuals with the most significant
				  disabilities due to mental illness. In transitional employment, the provision
				  of ongoing support services must include continuing sequential job placements
				  until job permanency is achieved.
(Authority: Sections 7(35)(B) and 12(c) of the Act;
					  29 U.S.C.
					 705(35)(B)  and 709(c)
(57) Transportation means travel
				  and related expenses that are necessary to enable an applicant or eligible
				  individual to participate in a vocational rehabilitation service, including
				  expenses for training in the use of public transportation vehicles and systems.
(Authority: 103(a)(8) of the Act;
					  29 U.S.C.
					 723(a)(8)  )
(i) Examples: The following are examples of
				  expenses that would meet the definition of transportation. The examples are
				  purely illustrative, do not address all possible circumstances, and are not
				  intended to substitute for individual counselor judgment.
Example 1: Travel and related expenses for a personal care
					 attendant or aide if the services of that person are necessary to enable the
					 applicant or eligible individual to travel to participate in any vocational
					 rehabilitation service.
Example 2: The purchase and repair of vehicles, including
					 vans, but not the modification of these vehicles, as modification would be
					 considered a rehabilitation technology service.
Example 3: Relocation expenses incurred by an eligible
					 individual in connection with a job placement that is a significant distance
					 from the eligible individual's current residence.
(ii) [Reserved]
(58) Vocational rehabilitation services--
(i) If provided to an individual, means those
				  services listed in Sec. 361.48; and
(ii) If provided for the benefit of groups of
				  individuals, also means those services listed in Sec. 361.49.