New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 95 - VOCATIONAL REHABILITATION SERVICES PROGRAM OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Subchapter 1 - OVERVIEW OF VOCATIONAL REHABILITATION › Section 10:95-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Amanuensis" means an individual who reads and/or writes
				  appropriate material for a blind or visually impaired person. For the purposes
				  of this chapter, an amanuensis is equivalent to a reader.
"Applicant" means an individual who submits an application
				  for vocational rehabilitation services, has completed and signed an agency
				  application form, has completed a common intake application form in a One-Stop
				  center requesting VR services or has otherwise requested services from the
				  Commission (in writing or electronically).
"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, Braille and large print
				  materials in electronic formats, the use of interpreters, open and closed
				  captioned videos, specialized telecommunications services and audio recordings,
				  augmentative devices, graphic presentations and simple language
				  materials.
"Assistive technology devices" means any item or equipment
				  used to increase, maintain, or improve the functional capabilities of an
				  individual with a disability. Assistive technology device has the meaning given
				  such term in section 3(2) of the Technology-Related Assistance for Individuals
				  with Disabilities Act of 1988 ( 29 U.S.C. § 2202(2) ).
"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. Assistive technology service has the
				  meaning given such term in section 3(3) of the Technology-Related Assistance
				  for Individuals with Disabilities Act of 1988 ( 29 U.S.C. § 2202(3)
				  ).
"Community rehabilitation program" means a program that
				  provides directly, or facilitates the provision of, vocational rehabilitation
				  services to individuals with disabilities and that provides, singly or in
				  combination, for an individual with a disability to enable the individual to
				  maximize opportunities for employment, including career advancement.
"Comparable services and benefits" means services and
				  benefits that are provided or paid for, in whole or in part, by other Federal,
				  State, or local public agencies, by health insurance, or by employee benefits.
				  These services should be available to the individual at the time needed to
				  ensure the progress of the individual in achieving an employment
				  outcome.
"Competitive employment" means work in the competitive labor
				  market that is performed on a full or part-time basis in an integrated setting
				  and 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.
				  Competitive employment also includes satisfying the vocational outcome of
				  supported employment or satisfying any other vocational outcome that the U.S.
				  Secretary of Education may determine to be appropriate, including
				  self-employment, telecommuting, or business ownership.
"Employment outcome" means 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 the individual's strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed choice.
				  Pursuant to 34 CFR Part 361.1 (c), independent homemaker is deemed to be an
				  employment outcome.
"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
				  other 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.
"Financial needs standard and survey," as defined in
				  10:91-3.1, means the instrument
				  that the Commission utilizes in determining consumer participation in services
				  provided under an Individualized Plan for Employment. SSDI and SSI
				  beneficiaries, who are recipients of vocational rehabilitation services, are
				  exempt from the needs test standard. Reader services, interpreter services, and
				  personal assistance services are exempt from the needs test standard.
"Individualized Plan for Employment (IPE)" means an agreement
				  developed, with or without assistance from the State unit or other entity that
				  is agreed to, and signed by the Commission and the individual. It is designed
				  to achieve the employment objective of the individual.
"Informed choice" means a decision-making process in which
				  the individual analyzes relevant information and selects, with the assistance
				  of the rehabilitation counselor, a vocational goal, rehabilitation objectives,
				  VR services and VR providers.
"Post-employment services" means one or more services 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, and interests.
"Rehabilitation" means the capacity of an individual to
				  benefit from vocational rehabilitation services sufficient to achieve an
				  employment outcome.
"Significant disability" means a disability that severely
				  limits one or more functional capacities (such as mobility, communication,
				  self-care, self-direction, interpersonal skills, work tolerance, or work
				  skills) and will require multiple vocational rehabilitation services over an
				  extended period of time.
"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 capacities and abilities.
"Supported employment" means competitive work in integrated
				  work settings for individuals with the most significant disabilities or
				  employment in integrated work settings in which the individual is working
				  toward competitive employment. These are persons for whom competitive
				  employment has not traditionally occurred, for whom competitive employment has
				  been interrupted or intermittent as a result of a significant disability.
				  Because of the nature and severity of their disabilities, these persons need
				  intensive supported employment services and extended services in order to
				  perform such work.
"Transition services" mean 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 shall be
				  based upon the individual student's needs, taking into account the student's
				  preferences and interests, and shall include instruction, community
				  experiences, the development of employment and other post school adult living
				  objectives, and when appropriate, acquisition of daily living skills and
				  functional vocational evaluation.
"Vocational goal" means an employment objective consistent
				  with the unique strengths, resources, priorities, concerns, abilities,
				  capabilities, interests and informed choice of the individual. Vocational goal,
				  employment objective, and employment goal are used interchangeably.
"Workforce investment activities" means activities, as
				  defined in Section 101 of the Workforce Investment Act of 1998 (
				  P.L.
				  105-220, enacted August 2, 1998),
				  29
				  U.S.C. §§
										201 et seq., that are
				  carried out under the Act.