reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title X - Veterans' Training › Chapter 52 - Approval of Educational Institutions for the Education and Training of Eligible Veterans Under the Montgomery G.i. Bill › Rule 281-52.15 - Evaluation Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The following standards are used in evaluating a school
				  eligible under this chapter:
(1) The
				curriculum and instruction must be consistent in quality, content and length
				with similar courses in the public schools or other private schools with
				recognized and accepted standards.
(2) Each school must have a system for
				keeping attendance, progress and placement records that is acceptable to this
				department. Records must be kept up-to-date, and reports must be prepared and
				submitted as requested. Furthermore, school records must be made available for
				inspection on request of department representatives.
(3) The school must have clearly stated and
				enforced standards of attendance, progress and conduct. Such standards must be
				acceptable to this department.
(4)
				The school must give appropriate credit for previous training or experience,
				with the training period shortened proportionately. No course of training will
				be considered bona fide if a veteran is already qualified by training and
				experience for that course objective.
(5) The school must provide the student with
				a copy of the approved curriculum.
(6) Upon completion of the training, the
				school must give the veteran a certificate indicating the approved course,
				title, and length and that the training was completed satisfactorily.
(7) The school must have a clear statement as
				to entrance qualifications and must abide by them.
(8) The school must have sufficient toilet
				facilities to adequately serve the enrollment.
(9) Each school must provide adequate
				classroom and laboratory space consistent with the needs of the
				curriculum.
(10) Heat, light and
				ventilation shall be adequate for the type of instruction and enrollment in the
				school.
(11) School buildings must
				meet local and state regulations concerning fire, safety and health.
(12) Schools must be ethical in their
				advertising and solicitation. Both are subject to review and approval by this
				department.
(13) Instructors must
				be competent in the fields they are teaching and be able to document their
				background and training. Instructors shall hold appropriate certificates,
				licenses or degrees.
(14) While
				schools may not guarantee employment upon graduation, a school should exert
				every effort to assist its graduates in obtaining employment.
(15) Tuition and other charges made by the
				school should be clearly set out in publications of the school.
(16) Schools should make use of modem
				teaching aids and procedures.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.1 - Nature and Responsibility of Division

Current through Register Vol. 47, No. 3, July 24, 2024
The division of vocational rehabilitation services is
				  established in the department of education and is responsible for providing
				  services to potentially eligible and eligible individuals with disabilities
				  leading to competitive integrated employment in accordance with Iowa Code
				  chapter 259, the federal Rehabilitation Act of 1973 as amended, the federal
				  Social Security Act (
				  42 U.S.C. Section
				  301, et seq.), and the corresponding federal
				  regulations.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.2 - Nondiscrimination

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall not discriminate on the basis of age,
				  race, creed, color, gender, sexual orientation, gender identity, national
				  origin, religion, duration of residency, or disability in the determination of
				  a person's eligibility for rehabilitation services and in the provision of
				  necessary rehabilitation services.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.4 - Referral and Application for Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. The division has
				established and implemented standards for the prompt and equitable handling of
				referrals of individuals for vocational rehabilitation services, including
				referrals of individuals made through the one-stop service delivery systems
				under Section 121 of the Workforce Innovation and Opportunity Act. The
				standards include timelines for making good faith efforts to inform these
				individuals of application requirements and to gather information necessary to
				initiate an assessment for determining eligibility and priority for
				services.
b. A referral for a
				student with a disability requesting preemployment transition services
				(pre-ETS) includes completion of the pre-ETS agreement.
c. Once an individual has submitted an
				application for vocational rehabilitation services, including applications made
				through common intake procedures in one-stop centers under Section 121 of the
				Workforce Innovation and Opportunity Act, an eligibility determination must be
				made within 60 days, unless exceptional and unforeseen circumstances beyond the
				control of the division preclude making an eligibility determination within 60
				days and the division and the individual agree to a specific extension of
				time.
d. An individual is
				considered to have submitted an application when the individual or the
				individual's representative, as appropriate, has completed an agency
				application form including written consent; has completed a common intake
				application form in a one-stop center requesting vocational rehabilitation
				services or has otherwise requested services from the division; has provided to
				the division information necessary to initiate an assessment to determine
				eligibility and priority for services; and is available to complete the
				assessment process. The division ensures that its application forms are widely
				available throughout the state, particularly in the one-stop centers under
				Section 121 of the Workforce Innovation and Opportunity Act.
e. The division will refer applicants or
				eligible individuals to appropriate programs and service providers best suited
				to address the specific rehabilitation, independent living and employment needs
				of the individual with a disability. Individuals with the most significant
				disabilities who are working at subminimum wage in a nonintegrated setting are
				provided information about competitive integrated employment and support from
				the division, once known to the division, by qualified personnel and partners
				with the goal of assisting said individuals to pursue competitive integrated
				employment.
f. The division will
				inform those who decide against pursuit of employment that services may be
				requested at a later date if, at that time, they choose to pursue an employment
				outcome.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.5 - Eligibility for Vocational Rehabilitation Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. Eligibility for
				vocational rehabilitation services shall be determined upon the basis of the
				following:
(1) A determination by a qualified
				rehabilitation counselor that the applicant has a physical or mental impairment
				documented by a qualified provider;
(2) A determination by a qualified
				rehabilitation counselor that the applicant's physical or mental impairment
				constitutes or results in a substantial impediment to employment for the
				applicant; and
(3) A determination
				by a qualified vocational rehabilitation counselor that the applicant requires
				vocational rehabilitation services to prepare for, secure, retain, advance in,
				or regain employment that is consistent with the applicant's unique strengths,
				resources, priorities, concerns, abilities, capabilities, interests, and
				informed choice.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.6 - Other Eligibility and Service Determinations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Waiting
				list.
a. As required by the Act and
				34
				CFR Section 361.36, if the division cannot
				serve all eligible individuals who apply, the division shall develop and
				maintain a waiting list for services based on significance of disability. The
				three categories of waiting lists are as follows, listed in order of priority
				to be served:
(1) Most significantly
				disabled;
(2) Significantly
				disabled; and
(3) Others
				eligible.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.7 - Purchasing Principles for Individual-specific Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division
				shall follow the administrative rules for purchasing goods and services
				promulgated by the department of administrative services.
(2) The division shall purchase only those
				items or models that allow for ajob candidate to meet the job candidate's
				vocational objective. The division shall not pay for additional features that
				exceed the requirements to meet a job candidate's vocational objective or that
				serve primarily to enhance the job candidate's personal life.
(3) The division shall seek out and purchase
				the most economical item or model that meets the job candidate's vocational
				needs.
(4) The division shall
				encourage all job candidates to develop strategies and savings programs to pay
				for replacement items/models or upgrades.
(5) Items purchased for a job candidate
				become the property of the job candidate but may be repossessed by the
				division, subject to reimbursement to the job candidate for the job candidate's
				share of the purchase price, if the job candidate does not attain employment
				prior to case closure.
(6) The
				division shall inform the job candidate that any change to planned purchases
				must be discussed and approved jointly before a purchase is made.
(7) The division will not participate in the
				modification to property not owned by the job candidate or the job candidate's
				family without a division-approved exception to policy.
(8) When considering what item or model to
				purchase for a specific job candidate, the division shall in all cases consider
				the following factors:
a. Whether the item or
				model is required for the job candidate to be able to perform the essential
				functions of the job candidate's job.
b. Whether other parties or entities may be
				responsible for providing or contributing to the costs of an item.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.9 - Case Record

Current through Register Vol. 47, No. 3, July 24, 2024
The division has the authority to collect and maintain
				  records on individuals under the Act, the state plan for vocational
				  rehabilitation services, and the Social Security Act. Under this authority, the
				  division maintains a record for each case. The case record contains pertinent
				  case information as defined in division policy including, as a minimum, the
				  basis for determination of eligibility, the basis justifying the plan of
				  services and the reason for closing the case, together with a justification of
				  the closure and supporting documents. Case information is contained in the
				  agency's case management system and a hard copy file. A combination of these
				  data collections instruments constitutes the official case record. The hard
				  copy files are retained for a minimum of four years, but there are instances
				  when a case may be stored longer based on the services
				  received.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.12 - State Rehabilitation Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Composition.
The state rehabilitation council shall be
				composed of at least 15 members, appointed by the governor. A majority of the
				council members must be individuals with disabilities who are not employed by
				the division. The appointing authority must select members of the council after
				soliciting recommendations from representatives of organizations representing a
				broad range of individuals with disabilities and organizations interested in
				individuals with disabilities. In selecting members, the appointing authority
				must consider, to the greatest extent practicable, the extent to which minority
				populations are represented on the council. A majority of members must be
				individuals with disabilities who meet the requirements of
				34 CFR Section
				361.5(c)(28) and are not
				employed by the designated state unit. The council members shall include the
				following:
a. At least one representative of
				the statewide independent living council, who must be the chairperson or other
				designee of the statewide independent living council;
b. At least one representative of a parent
				training and information center established pursuant to Section 682(a) of the
				IDEA;
c. At least one
				representative of the client assistance program established under 34 CFR Part
				370, who must be the director or other individual recommended by the client
				assistance program;
d. At least one
				qualified vocational rehabilitation counselor with knowledge of and experience
				with vocational rehabilitation programs who serves as an ex officio, nonvoting
				member of the council if employed by the division;
e. At least one representative of community
				rehabilitation program service providers;
f. Four representatives of business,
				industry, and labor;
g.
				Representatives of disability groups that include a cross section of:
(1) Individuals with physical, cognitive,
				sensory, and mental disabilities; and
(2) Representatives of individuals with
				disabilities who have difficulty representing themselves or are unable, due to
				their disabilities, to represent themselves;
h. Current or former applicants for, or
				recipients of, vocational rehabilitation services;
i. At least one representative of the state
				educational agency responsible for the public education of students with
				disabilities who are eligible to receive services under the Act and Part B of
				the IDEA;
j. At least one
				representative of the Iowa workforce development board; and
k. The director of the division, who serves
				as an ex officio, nonvoting member of the council.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.13 - Iowa Self-employment Program: Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The division of vocational rehabilitation services works in
				  collaboration with the department for the blind to administer the Iowa
				  self-employment (ISE) program. The purpose of the program is to provide
				  business development funds in the form of technical assistance (up to $10,000)
				  and financial assistance (up to $10,000) to qualified Iowans with disabilities
				  who start, expand, or acquire a business within the state of Iowa. Actual
				  assistance is based on the requirements of the business, not to exceed the
				  technical assistance and financial assistance limits.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.14 - Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Clients of the
				division or the department for the blind may apply for the program.
(2) All of the following conditions are also
				applicable:
a. The division may limit or deny
				ISE assistance to an applicant who has previously received educational or
				training equipment from the division through another rehabilitation program
				when such equipment could be used in the applicant's proposed
				business.
b. Any equipment
				purchased for the applicant under this program that is no longer used by the
				applicant may be returned to the division, at the discretion of the
				division.
c. An applicant must
				demonstrate that the applicant has at least 51 percent ownership in a
				for-profit business that is actively owned, operated, and managed in
				Iowa.
d. Recommendation for and
				approval of financial assistance are based upon acceptance of a business plan
				feasibility study and documentation of the applicant's ability to match
				dollar-for-dollar the amount of funds requested.
e. To receive financial support from the ISE
				program, the applicant's business plan feasibility study must result in
				self-sufficiency for the applicant as measured by earnings that equal or exceed
				80 percent of substantial gainful activity.
f. The division cannot support the purchase
				of real estate or improvements to real estate.
g. The division cannot provide funding to be
				used as a cash infusion, for personal or business loan repayments, or for
				personal or business credit card debt.
h. The division may deny ISE assistance to an
				applicant who desires to start, expand, or acquire any of the following types
				of businesses:
(1) A hobby or similar
				activity that does not produce income at the level required for
				self-sufficiency;
(2) A business
				venture that is speculative in nature or considered high risk by the Better
				Business Bureau or similar organization;
(3) A business registered with the federal
				Internal Revenue Service as a Section 501(c)(3) entity or other entity set up
				deliberately to be not for profit;
(4) A business that is not fully compliant
				with all local, state, and federal zoning requirements and all other applicable
				local, state, and federal requirements;
(5) A multitiered marketing
				business.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.15 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Application materials for the program are
				available from the division and the department for the blind.
(2)
Submittal.
Completed
				applications shall be submitted to a counselor employed by the division or the
				department for the blind.
(3)
Review.
Applications will be forwarded to a business
				development specialist employed by the division for review. Approval of
				technical assistance funding is based upon the results of a business plan
				feasibility study. If the application is for financial assistance only, a
				business plan feasibility study will be required at the time of submission of
				the application. Approval of financial assistance funding is based upon
				acceptance of a business plan feasibility study and documentation of the
				applicant's ability to match dollar-for-dollar the amount of funds
				requested.
(4)
Funding.
Before the division will provide funding for a small
				business, the job candidate must complete an in-depth study about the business
				the job candidate intends to start and must demonstrate that the business is
				feasible.
(5)
Appeal.
If an application is denied, an applicant may appeal
				the decision to the division or the department for the blind. An appeal shall
				be consistent with the appeal processes of the division or the department for
				the blind.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.16 - Award of Technical Assistance Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Awards.
Technical assistance funds may be used for specialized
				consulting services as determined necessary by the counselor, the business
				development specialist, and the job candidate. Technical assistance funds may
				be awarded, based on need, up to a maximum of $10,000 per applicant.
				Specialized technical assistance may include, but is not limited to,
				engineering, legal, accounting, and computer services and other consulting
				services that require specialized education and training.
(2)
Technical assistance.
When technical assistance is needed for specialized services beyond the
				expertise of the business development specialist, technical assistance will be
				provided to assist the job candidate.
(3)
Technical assistance
				contracts.
The division shall negotiate contracts with qualified
				consultants for delivery of services to an applicant if specialized services
				are deemed necessary. The contracts shall state hourly fees for services, the
				type of service to be provided, and a timeline for delivery of services.
				Authorization of payment will be made by a counselor employed by the division
				or the department for the blind based upon the negotiated rate as noted in the
				contract. A copy of each contract shall be filed with the division.
(4)
Consultants.
Applicants
				will be provided a list of qualified business consultants by the business
				development specialist if specialized consultation services are necessary. The
				selection of the consultant(s) shall be the responsibility of the
				applicant.
(5)
Case
				management.
The business development specialist or counselor will be
				available as needed for direct consultation to each applicant to ensure that
				quality services for business planning are provided in a timely
				manner.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.17 - Business Plan Feasibility Study Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Information and materials are available from the division and
				  the department for the blind. The job candidate shall submit the job
				  candidate's business plan feasibility study to the job candidate's counselor if
				  the study is completed at the time application is made or to the business
				  development specialist if the business plan feasibility study is completed
				  after application approval. The business development specialist is available to
				  guide and assist in the analysis of the feasibility study.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.18 - Award of Financial Assistance Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Awards
. Following the business development specialist's review
				of the business plan feasibility study, the business development specialist
				will issue a recommendation to support or not to support the proposed business
				venture. The counselor shall make a decision regarding approval or denial of
				the recommendation. If the plan is approved, the job candidate and counselor
				will review conditions of the financial assistance award and sign the
				appropriate forms of acknowledgment.
a.
				Financial assistance funds may be awarded, based on need, up to $10,000 after
				approval of a business plan feasibility study and evidence of business need or
				evidence of business progression. Before receiving financial assistance, the
				job candidate must demonstrate a dollar-for-dollar match based on the amount of
				funding needed. The match may be provided through approved existing business
				assets, cash, conventional financing or other approved sources.
b. Financial assistance funds may be approved
				for, but are not limited to, equipment, tools, printing of marketing materials,
				advertising, rent (upto six months), direct-mail postage,raw
				materials,inventory, insurance (up to six months), and other approved start-up,
				expansion, or acquisition costs.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.19 - Exceptions to Duration of Services

Current through Register Vol. 47, No. 3, July 24, 2024
As required by the Act and
				  34
				  CFR Section 361.50(d), the
				  division shall have a method of allowing for exceptions to its rules regarding
				  the duration of services. In order to exceed the duration of service as defined
				  in the IPE, a job candidate must follow through on the agreed-upon IPE and
				  related activities and keep the division informed of the job candidate's
				  progress.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.20 - Maximum Rates of Payment to Training Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
In no case shall the amount paid a training facility exceed
				  the rate published, and in the case of facilities not having published rates,
				  the amount paid the facility shall not exceed the amount paid to the facility
				  by other public agencies for similar services. The division will maintain
				  information necessary to justify the rates of payment made to training
				  facilities.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.21 - Purchasing Principles for Job Candidate-specific Purchases

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division
				shall follow the administrative rules for purchasing goods and services
				promulgated by the department of administrative services.
(2) The division shall purchase only those
				items or models that allow a job candidate to meet the job candidate's
				vocational objective. The division shall not pay for additional features that
				exceed the requirements to meet a job candidate's vocational objective or that
				serve primarily to enhance the job candidate's personal life.
(3) The division shall seek out and purchase
				the most economical item or model that meets the job candidate's vocational
				needs.
(4) The division shall
				encourage all job candidates to develop strategies and savings programs to pay
				for replacement items/models or upgrades.
(5) Items purchased for a job candidate
				become the property of the job candidate but may be repossessed by the
				division, subject to reimbursement to the job candidate for the job candidate's
				share of the purchase price, if the job candidate does not attain employment
				prior to case closure.
(6) The
				division shall inform the job candidate that any change to planned purchases
				must be discussed and approved jointly before a purchase is made.
(7) The division will not participate in the
				modification to property not owned by the job candidate or the job candidate's
				family.
(8) When considering what
				item or model to purchase for a specific job candidate, the division shall in
				all cases consider the following factors:
a.
				Whether the item or model is required for the job candidate to be able to
				perform the essential functions of the job candidate's job.
b. Whether other parties or entities may be
				responsible for providing or contributing to the costs of an item.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.22 - Review Process

Current through Register Vol. 47, No. 3, July 24, 2024
At the time of making application for rehabilitation
				  services, and at other times throughout the rehabilitation process, all
				  applicants and job candidates shall be informed of the right to appeal or
				  mediation and the procedures by which to file. If an applicant or job candidate
				  is dissatisfied with any agency decision that directly affects the applicant or
				  job candidate, the applicant, job candidate, or designated representative may
				  appeal that decision or request mediation. The term "appellant" shall be used
				  to indicate the applicant, job candidate, or designated representative who
				  initiates an appeal. The appellant may initiate the appeal process either by
				  calling a counselor or supervisor or by filing the appropriate division appeal
				  form, available from any counselor or supervisor of the division. If the appeal
				  process or mediation is initiated by telephone, the counselor or supervisor who
				  received the call must complete the appeal form to the best of that person's
				  ability with information from the appellant. The division shall accept as an
				  appeal or request for mediation a written letter, facsimile, or electronic mail
				  that indicates that the applicant or job candidate desires to appeal or seek
				  mediation. An appeal or mediation request must be filed within 90 days of
				  notification of the disputed decision. Once the appeal form or request for
				  mediation has been filed with the division administrator, a hearing shall be
				  held before an impartial hearing officer (IHO) or mediator within the next 60
				  days unless an extension of time is mutually agreed upon or one of the parties
				  shows good cause for an extension or one of the parties declines mediation. The
				  appellant may request that the appeal go directly to impartial hearing, but the
				  appellant shall be offered the opportunity for a supervisor review or
				  mediation. The appellant may request assistance with an appeal or mediation
				  from the Iowa client assistance program (ICAP).
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.23 - Supervisor Review

Current through Register Vol. 47, No. 3, July 24, 2024
As a first step, the appellant shall be advised that a
				  supervisor review of the counselor's decision may be requested by notifying the
				  counselor or supervisor in person, by telephone or by letter of the decision to
				  appeal. If the supervisor has been involved in decisions in the case to the
				  extent that the supervisor cannot render a fair and impartial decision or if
				  the supervisor is not available to complete the review in a timely manner, the
				  appeal and case file shall be forwarded to the bureau chief for review. The
				  appellant is not required to request supervisor review as a prerequisite for
				  appeal before an IHO; however, if a supervisor review is requested, the
				  following steps shall be observed:
(1)
				Upon receipt of a request for supervisor review, the supervisor shall notify
				all appropriate parties of the date and nature of the appeal; examine case file
				documentation; discuss the issues and reasons for the decision with the
				immediate counselor and other counselors who may have been previously involved
				with the case or issue; and, if necessary, meet with any or all parties to
				discuss the dispute.
(2) The
				supervisor shall have ten working days from receipt of the request for
				supervisor review to decide the issue and notify the appellant in writing. A
				copy of the supervisor's decision shall be sent to all appropriate
				parties.
(3) If the supervisor's
				decision is adverse to the appellant, the copy of the written decision given to
				the appellant shall include further appeal procedures, including notification
				that the appellant has ten days from the date of the letter to file further
				appeal. Also included shall be notice of the Iowa client assistance program
				(ICAP), a program within the department of human rights, commission of persons
				with disabilities. If ICAP determines it appropriate, ICAP provides assistance
				in the preparation and presentation of the appellant's case.
(4) As an alternative to, but not to the
				exclusion of, filing for further appeal, the appellant may request mediation of
				the supervisor's decision, or review by the chief of the rehabilitation
				services bureau.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.24 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
Regardless of whether a supervisor review is requested, an
				  appellant may request resolution of the dispute through the mediation process.
				  Mediation is also available if the appellant is dissatisfied with the
				  supervisor's decision. If mediation is requested by the appellant and agreed to
				  by the division, the following steps shall be observed:
(1) Mediation shall be conducted by a
				qualified and impartial mediator, as defined in
				34 CFR Section
				361.5(c)(43), trained in
				effective mediation techniques and selected randomly by the division from a
				list maintained by the division.
(2) The mediation shall be conducted in a
				timely manner at a location convenient to the parties.
(3) Mediation shall not be used to delay the
				appellant's right to a hearing.
(4)
				Mediation must be voluntary on the part of the appellant and the
				division.
(5) Mediation is at no
				cost to the appellant.
(6) All
				discussions and other communications that occur during the mediation process
				are confidential. Any offers of settlement made by either party during the
				mediation process are inadmissible if further appeal is sought by the
				appellant.
(7) Existing division
				services provided to an appellant shall not be suspended, reduced, or
				terminated pending decision of the mediator, unless so requested by the
				appellant.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.25 - Hearing Before Impartial Hearing Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Regardless of whether the appellant has used supervisor
				  review or mediation or both, if the appellant requests a hearing before an IHO,
				  the following provisions apply:
(1)
				The division shall appoint the IHO from the pool of impartial hearing officers
				with whom the division has contracts. The IHO shall be assigned on a random
				basis or by agreement between the administrator of the division and the
				appellant.
(2) The hearing shall be
				held within 20 days of the receipt of the appointment of the IHO. A written
				decision shall be rendered and given to the parties by the IHO within 30 days
				after completion of the hearing. Either or both of these time frames may be
				extended by mutual agreement of the parties or by a showing of good cause by
				one party.
(3) The appellant shall
				be informed that the filing of an appeal confers consent for the release of the
				case file information to the IHO. The IHO shall have access to the case file or
				a copy thereof at any time following acceptance of the appointment to hear the
				case.
(4) Within five working days
				after appointment, the IHO shall notify both parties in writing of the
				following:
a. The role of the IHO;
b. The IHO's understanding of the reasons for
				the appeal and the requested resolution;
c. The date, time, and place for the hearing,
				which shall be accessible and located as advantageously as possible for both
				parties but more so for the appellant;
d. The availability of the case file for
				review and copying in a vocational rehabilitation office prior to the hearing
				and how to arrange for the same (see also rule
				281-56.22 (259));
e. That the hearing shall be closed to the
				public unless the appellant specifically requests an open hearing;
f. That the appellant may present evidence
				and information personally, may call witnesses, may be represented by counsel
				or other appropriate advocate at the appellant's expense, and may examine all
				witnesses and other relevant sources of information and evidence;
g. The availability to the appellant of the
				Iowa client assistance program (ICAP) for possible assistance;
h. Information about the amount of time it
				will take to complete the hearing process;
i. The possibility of reimbursement of
				necessary travel and related expenses; and
j. The availability of interpreter and reader
				services for appellants not familiar with the English language and those who
				are deaf or hard of hearing and the availability of transportation or attendant
				services for those appellants requiring such assistance.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.26 - Collection and Maintenance of Records

Current through Register Vol. 47, No. 3, July 24, 2024
The division has the authority to collect and maintain
				  records on individuals under the Act, the state plan for vocational
				  rehabilitation services, and the Social Security Act. The acceptance of the
				  provisions and benefits of the Rehabilitation Act, under Iowa Code section
				  259.1,
				  is conditioned on the requirement that the division maintain the
				  confidentiality of personally identifiable information and its release under
				  certain circumstances as provided by applicable federal laws. These laws
				  include, but are not limited to, the following:
1. The Freedom of Information Act (
				5
				U.S.C. 552, added by P.L. 90-23 and amended
				by P.L. 93-502 and P.L. 94-409).
2. The Privacy Act of 1974 (
				5 U.S.C.
				552a, added by P.L. 93-579).
3. The Drug Abuse Office and Treatment Act (
				21 U.S.C. 1175, added by P.L. 92-255) as amended by the Comprehensive Alcohol
				and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendment of 1974
				( 42 U.S.C. 4582, added by P.L. 93-282).
4. Section 6103 of the Internal Revenue Code
				(
				26
				U.S.C. 6103)  as amended by the Tax Reform
				Act of 1976 ( P.L. 94-455).
5. The
				Government in the Sunshine Act ( P.L. 94-409).
6. The Family Educational Rights and Privacy
				Act (FERPA) (
				20 U.S.C.
				1232g, added by P.L. 93-568).
Pursuant to Iowa Code section
				  259.9, the
				  state of Iowa accepts the social security system rules for the disability
				  determination program of the division. Failure to follow the provisions of the
				  Act can result in the loss of federal funds. The state plan provides that all
				  personally identifiable information is confidential and may be released only
				  with the informed written consent of the job candidate or the job candidate's
				  representative, except as permitted by federal law. Any contrary provision in
				  Iowa Code chapter 22 must be waived in order for the state to receive federal
				  funds, services, and essential information for the administration of vocational
				  rehabilitation services.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.29 - State Rehabilitation Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Composition.
The state
				rehabilitation council shall be composed of at least 15 members, appointed by
				the governor. A majority of the council members must be individuals with
				disabilities who are not employed by the division. The appointing authority
				must select members of the council after soliciting recommendations from
				representatives of organizations representing a broad range of individuals with
				disabilities and organizations interested in individuals with disabilities. In
				selecting members, the appointing authority must consider, to the greatest
				extent practicable, the extent to which minority populations are represented on
				the council. A majority of members must be individuals with disabilities who
				meet the requirements of
				34 CFR Section
				361.5(c)(28) and are not
				employed by the designated state unit. The council members shall include the
				following:
a. At least one representative of
				the statewide independent living council, who must be the chairperson or other
				designee of the statewide independent living council;
b. At least one representative of a parent
				training and information center established pursuant to Section 682(a) of the
				Individuals with Disabilities Education Act;
c. At least one representative of the client
				assistance program established under 34 CFR Part 370, who must be the director
				or other individual recommended by the client assistance program;
d. At least one qualified vocational
				rehabilitation counselor with knowledge of and experience with vocational
				rehabilitation programs who serves as an ex officio, nonvoting member of the
				council if employed by the division;
e. At least one representative of community
				rehabilitation program service providers;
f. Four representatives of business,
				industry, and labor;
g.
				Representatives of disability groups that include a cross section of:
(1) Individuals with physical, cognitive,
				sensory, and mental disabilities; and
(2) Representatives of individuals with
				disabilities who have difficulty representing themselves or are unable, due to
				their disabilities, to represent themselves;
h. Current or former applicants for, or
				recipients of, vocational rehabilitation services;
i. At least one representative of the state
				educational agency responsible for the public education of students with
				disabilities who are eligible to receive services under the Rehabilitation Act
				of 1973, as amended, and Part B of the Individuals with Disabilities Education
				Act;
j. At least one representative
				of the Iowa workforce development board; and
k. The director of the division, who serves
				as an ex officio, nonvoting member of the council.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.30 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The division of vocational rehabilitation services works in
				  collaboration with the Iowa department for the blind to administer the Iowa
				  self-employment (ISE) program. The purpose of the program is to provide
				  business development funds in the form of technical assistance (up to $10,000)
				  and financial assistance (up to $10,000) to qualified Iowans with disabilities
				  who start, expand, or acquire a business within the state of Iowa. Actual
				  assistance is based on the requirements of the business, not to exceed the
				  technical assistance and financial assistance limits.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.31 - Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Clients of the division or the department for the blind may
				  apply for the program. All of the following conditions are also
				  applicable:
1. The division may limit
				or deny ISE assistance to an applicant who has previously received educational
				or training equipment from the division through another rehabilitation program
				when such equipment could be used in the applicant's proposed
				business.
2. Any equipment
				purchased for the applicant under this program that is no longer used by the
				applicant may be returned to the division, at the discretion of the
				division.
3. An applicant must
				demonstrate that the applicant has at least 51 percent ownership in a
				for-profit business that is actively owned, operated, and managed in
				Iowa.
4. Recommendation for and
				approval of financial assistance is based upon acceptance of a business plan
				feasibility study and documentation of the applicant's ability to match
				dollar-for-dollar the amount of funds requested.
5. In order to receive financial support from
				the ISE program, the applicant's business plan feasibility study must result in
				self-sufficiency for the applicant as measured by earnings that equal or exceed
				80 percent of substantial gainful activity.
6. The division cannot support the purchase
				of real estate or improvements to real estate.
7. The division cannot provide funding to be
				used as a cash infusion, for personal or business loan repayments, or for
				personal or business credit card debt.
8. The division may deny ISE assistance to an
				applicant who desires to start, expand, or acquire any of the following types
				of businesses:
* A hobby or similar activity that does not produce income at
				  the level required for self-sufficiency;
* A business venture that is speculative in nature or
				  considered high risk by the Better Business Bureau or similar
				  organization;
* A business registered with the federal Internal Revenue
				  Service as a Section 501(c)(3) entity or other entity set up deliberately to be
				  not for profit;
* A business that is not fully compliant with all local,
				  state, and federal zoning requirements and all other applicable local, state,
				  and federal requirements;
* A multitiered marketing business.
Iowa Administrative Code › Agency 281 - Education Department › Title XI - Vocational Rehabilitation Education › Chapter 56 - Iowa Vocational Rehabilitation Services › Rule 281-56.32 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Application materials for the program are
				available from the division and the department for the blind.
(2)
Submittal.
Completed
				applications shall be submitted to a counselor employed by the division or the
				department for the blind.
(3)
Review.
Applications will be forwarded to a business
				development specialist employed by the division for review. Approval of
				technical assistance funding is based upon the results of a business plan
				feasibility study. If the application is for financial assistance only, a
				business plan feasibility study will be required at the time of submission of
				the application. Approval of financial assistance funding is based upon
				acceptance of a business plan feasibility study and documentation of the
				applicant's ability to match dollar-for-dollar the amount of funds
				requested.
(4)
Funding.
Before the division will provide funding for a small
				business, the job candidate must complete an in-depth study about the business
				the job candidate intends to start and must demonstrate that the business is
				feasible.
(5)
Appeal.
If an application is denied, an applicant may appeal
				the decision to the division or the department for the blind. An appeal shall
				be consistent with the appeal processes of the division or the department for
				the blind.