Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.4 - DEFINITIONS

Current through June 14, 2024
A. For the purpose of these regulations,
				  except as provided below, the following terms have the following meanings:
1. "Agency" means the Office of
				  Rehabilitation Services.
2.
				  "Applicant" means an individual who applies for the VR Program in accordance
				  with  34 C.F.R. §
												361.41(b)(2), incorporated above.
3. "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, Brailed and large-print materials, materials in
				  electronic formats, augmentative communication devices, graphic presentations,
				  and simple language materials.
4.
				  "Assistive technology device" means any item, piece of equipment, or product
				  system, whether acquired commercially, modified, or customized, that is used to
				  increase, maintain, or improve the functional capabilities of individuals with
				  disabilities.
5. "Assistive
				  technology services" means any service that directly assists an individual with
				  a disability in the selection, acquisition, or use of an assistive technology
				  device.
6. "Clear and convincing
				  evidence" means that the designated state unit will have a high degree of
				  certainty before it can conclude that an individual is incapable of benefiting
				  from services in terms of a competitive integrated employment
				  outcome.
7. "Client assistance
				  program" means the program located within the Disability Rights Rhode Island
				  (DRRI) for the purpose of advising applicants or eligible individuals about all
				  available services under the Rehabilitation Act of 1973 (29 U.S.C §
												701
et seq
.), as amended, and to assist applicants and eligible
				  individuals in their relationship with programs, projects, and facilities
				  providing services for the Vocational Rehabilitation Program in accordance with
				   34 C.F.R. Part 371.
8. "Community
				  rehabilitation program" means a program that provides directly or facilitates
				  the provision of one or more vocational rehabilitation services to individuals
				  with disabilities to enable them to maximize their opportunities for
				  employment, including career advancement, in accordance with  34 C.F.R. §
												361.5(c)(7)(1), incorporated above.
9. "Consent decree" means a 2013 Consent
				  Decree between the Department of Justice and the State of Rhode Island which
				  have requirements about integrated work experiences, minimum wage employment
				  and competitive employment as expectations of Rhode Island as an Employment
				  First state.
10. "Comparable
				  services and benefits" means services and benefits, including accommodations
				  and auxiliary aids, that are provided or paid for in whole or in part, by other
				  Federal, State, or local public agencies.
11. "Competitive integrated employment" means
				  work in the competitive labor market that is performed on a full-time or
				  part-time basis (including self-employment) 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 that benefits are paid by the employer for the
				  same or similar work performed by individuals who are not disabled in
				  accordance with  34 C.F.R. §
												361.5(c)(9), incorporated above. It can also
				  include customized employment consistent with the above definition.
12. "Competitive earnings" means the hourly
				  wage is equal to or greater than the local minimum wage, is comparable to the
				  customary rate paid by the employer for similar positions, and includes the
				  benefits afforded other employees.
13. "Department" means the Department of
				  Human Services (DHS).
14. "Direct
				  school costs" means expenses of tuition, fees, books, room, board, and other
				  materials included in course syllabus.
15. "Durable medical equipment" means
				  equipment prescribed by a physician with a shelf life of more than a year
				  designed to overcome the functional limitations imposed by a
				  disability.
16. "Economic need"
				  means the determination made by the Office of Rehabilitation Services of the
				  extent an individual with a disability and/or his/her family will contribute to
				  the cost of vocational rehabilitation services, once similar benefits if
				  available have been applied to the cost of such services in accordance with  34 C.F.R. §
												361.54, incorporated above.
17. "Eligible individual" means an applicant
				  for the VR Program who meets the eligibility requirements of  34 C.F.R. §
												361.42(a), incorporated above.
18.
				  "Employment outcome" means, with respect to an individual, entering in,
				  advancing in, or retaining full-time or, if appropriate, part-time competitive
				  employment in the integrated labor market; supported employment; or any other
				  type of employment in an integrated setting including self-employment,
				  telecommuting, or business ownership that is consistent with an individual's
				  strengths, resources, priorities, concerns, abilities, capabilities, interests,
				  and informed choice.
19.
				  "Evaluation of vocational rehabilitation potential" means a process of
				  identifying an individual's strengths, abilities, and vocational interests in
				  terms of competitive integrated employment.
20. "Extended services" means on-going
				  support services and other appropriate services provided by a State agency, a
				  private, nonprofit organization, employer, or any other appropriate resource
				  after an individual with the most significant disabilities has concluded
				  support services from State vocational rehabilitation agency support in
				  accordance with  34 C.F.R. 361.5(c)(19), incorporated
				  above.
21. "Family member" means,
				  in accordance with  34 C.F.R. §
												361.5(c)(22), incorporated above, either an
				  individual who is a relative or guardian of an applicant or eligible individual
				  or lives in the same household and who has a substantial interest in the
				  well-being of that individual and for whom receipt of vocational rehabilitation
				  services is necessary to enable the applicant or eligible individual to achieve
				  an competitive integrated employment outcome.
22. "Impartial hearing officer" means an
				  individual trained in mediation, with no conflict of interest, who has no
				  personal, professional, or financial interest that would be in conflict with
				  the objectivity of the presenting issue. 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.
23. "Independent living
				  services" means any services that will improve the ability of an individual
				  with a significant disability to function, continue to function, or move toward
				  functioning independently.
24.
				  "Individual with a disability" means any individual who has a
				  physical/emotional/intellectual impairment that results in a substantial
				  impediment to employment and who can benefit, in terms of an employment
				  outcome, in an integrated competitive setting, from vocational rehabilitation
				  services.
25. "Individualized plan
				  for employment" means a written employment plan, developed and implemented by a
				  qualified Vocational Rehabilitation Counselor and an eligible individual, that
				  identifies an employment goal and the services needed to reach that goal; the
				  entity/entities that will provide these services; and the methods available for
				  procuring these services.
26.
				  "Informed choice" means a decision-making process whereby the individual with a
				  disability analyzes relevant information and selects, with the assistance of a
				  qualified Vocational Rehabilitation Counselor, a vocational goal, and
				  associated services to accomplish that goal.
27. "Integrated setting" means an employment
				  setting typically found in the community in which individuals interact with
				  non-disabled individuals, other than non-disabled individuals who are providing
				  services, to the same extent that non-disabled individuals in comparable
				  positions interact with other persons.
28. "Mediation" means the act or process of
				  using an independent third party to facilitate resolution between parties who
				  have differences or disputes prior to pursuing formal administrative remedies,
				  (i.e., Impartial Due Process Hearing); and must be conducted in accordance with
				  requirements in  34 C.F.R. §
												361.57(d), incorporated above, by a qualified
				  and impartial mediator as defined in § 361.5(c)(43).
29. "Mental restoration" means the diagnosis
				  and treatment for emotional or mental disorders prescribed and provided by
				  qualified personnel in accordance with state law to enable an individual to
				  achieve a competitive integrated employment outcome.
30. "Office of Rehabilitation Services" or
				  "ORS" means the State agency overseeing the State VR program.
31. "On-the-job training" or "OJT" means a
				  method of learning skills on the job needed for a specific vocation with the
				  instruction delivered by the employer at the worksite.
32. "Order of selection" means the priority
				  system the Vocational Rehabilitation Program uses when the program does not
				  have enough resources to assist everyone who is eligible for
				  services.
33. "Physical
				  restoration" means diagnostic and corrective or therapeutic services prescribed
				  and provided by qualified personnel in accordance with state licensing laws, in
				  which service is likely to correct or substantially modify the limitations
				  arising from a stable or slowly progressive physical disability to enable the
				  individual to achieve a competitive integrated employment outcome.
34. "Post-secondary training" means education
				  provided by a degree or certificate granting institution of higher education
				  (universities, colleges, community, or junior colleges, vocational schools,
				  technical institutes, hospital schools of nursing, or any other post-secondary
				  education institution).
35.
				  "Pre-employment transition services" means services provided to students with
				  disabilities ages 14 to 22 who have Individualized Education Plans (IEPs) or
				  504 plans, regardless of application status or type of disability, that are
				  limited to five focus areas:
a. job
				  exploration counseling;
b.
				  work-based learning;
c. counseling
				  on opportunities for enrollment in comprehensive transition or post-secondary
				  educational programs;
d. workplace
				  readiness training to develop social skills and independent living;
				  and
e.
				  self-advocacy.
36.
				  "State" means the State of Rhode Island.
37. "Student with a disability" means a
				  student who meets all of the following criteria in accordance with  34 C.F.R. §
												361.5(c)(51), incorporated above:
a.
				  is at least 14 but no older than 22 years of age;
b. has a disability as evidenced by medical
				  documentation, a copy of an IEP or 504 plan;
c. has confirmation of enrollment as a
				  student in a secondary school, including home school and alternative school
				  programs or post-secondary education;
d. has evidence of participation in adult
				  basic education program leading to such nationally recognized credentials as a
				  GED or high school diploma;
e. has
				  evidence of enrollment in a state, nationally, or industry recognized
				  certificate program leading to a credential such as Commercial Driver's License
				  Certification, Microsoft Certification, Certified Nursing Assistant. Qualified
				  documentation may include IPE, 504 Plan, report card, college registration
				  receipt or other documentation from the educational
				  program.
38. "Supported
				  employment program" means a program that assists adults and youths with the
				  most significant disabilities to obtain the supports, skills and experiences
				  needed to attain, maintain, or advance in competitive integrated
				  employment.
39. "Supported
				  employment services" means ongoing support services, including customized
				  employment, and other appropriate services needed to support and maintain an
				  individual with a most significant disability, in supported
				  employment.
40. "Transition
				  services" means a coordinated set of activities for a student or youth with a
				  disability, designed within an outcome-oriented process that promotes movement
				  from school to post-school activities, including post-secondary education,
				  vocational training, career exploration, competitive integrated employment,
				  supported employment, continuing and adult education, adult services,
				  independent living, and/or community participation in accordance with  34 C.F.R. §
												361.5(c)(55), incorporated above.
41. "Trial work experience" means a process
				  used to determine if an individual with a disability is unable to benefit from
				  vocational rehabilitation services in terms of a competitive integrated
				  employment outcome because of the severity of the individual's
				  disability.
42. "Vocational
				  rehabilitation services" means any goods or services necessary to assist an
				  individual with a disability in preparing for, securing, retaining, advancing
				  in, or regaining a competitive integrated employment outcome that is consistent
				  with the individual's strengths, resources, priorities, concerns, abilities,
				  capabilities, interests, and informed choice.
43. "Vocational training" means skill
				  development in a specific vocation that will result in employment, such as, but
				  not limited to, truck driving, propane gas service, wallpaper hanging,
				  etc.
44. "Youth with a disability"
				  means an individual with a disability; that is not younger than 14 years of
				  age; and not older than 24 years of age. There is no requirement that a "youth
				  with a disability" be participating in an education program. The distinction
				  between the definitions of "student with a disability" and "youth with a
				  disability" is critical for purposes of the various authorities for providing
				  transition related services, including Pre-Employment Transition
				  Services.