Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 45 - DEPARTMENT FOR THE BLIND AND VISION IMPAIRED › Chapter 51 - REGULATIONS GOVERNING PROVISION OF SERVICES IN VOCATIONAL REHABILITATION › Section 22VAC45-51-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, unless the context clearly states
				  otherwise:
"Applicant" means an individual who submits an application
				  for vocational rehabilitation services.
"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 telecommunication services and audio
				  recordings, Brailed and large print materials, materials in electronic formats,
				  augmentative communication devices, graphic presentations, and simple language
				  materials.
"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.
"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:
1. The evaluation of the needs of an individual with a
				  disability, including a functional evaluation of the individual in his
				  customary environment;
2. Purchasing, leasing, or otherwise providing for the
				  acquisition by an individual with a disability of an assistive technology
				  device;
3. Selecting, designing, fitting, customizing, adapting,
				  applying, maintaining, repairing, or replacing assistive technology
				  devices;
4. Coordinating and using other therapies, interventions, or
				  services with assistive technology devices, such as those associated with
				  existing educational and rehabilitation plans and programs;
5. 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
6. 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.
"Blind" means having not better than 20/200 central visual
				  acuity in the better eye measured at 20 feet with correcting lenses or having
				  visual acuity greater than 20/200 but with the widest diameter of the visual
				  field in the better eye subtending an angle of no greater than 20 degrees,
				  measured at a distance of 33 centimeters using a three-millimeter white-test
				  object, a Goldman III-4e target, or other equivalent equipment. Such blindness
				  shall be certified by a duly licensed physician or optometrist. (§ 51.5-60
				  of the Code of Virginia)
"Client assistance program" means the program located within
				  the disAbility Law Center of Virginia for the purpose of advising applicants or
				  eligible individuals about all available services under the Rehabilitation Act,
				  as amended by the Workforce Innovation and Opportunity Act of 2014 (
				  29 USC §
										3101
				  et seq.), as amended, and to assist them in their
				  relationship with programs, projects, and facilities providing rehabilitation
				  services.
"Community rehabilitation program" means a program that
				  provides directly or facilitates the provision of one or more of the allowable
				  vocational rehabilitation services to individuals with disabilities to enable
				  those individuals to maximize their opportunities for employment, including
				  career advancement.
"Comparable services and benefits" means services and
				  benefits that are (i) provided or paid for, in whole or in part, by other
				  federal, state, or local public agencies, by health insurance, or by employee
				  benefits; (ii) 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; and (iii) commensurate to the
				  services that the individual would otherwise receive from the designated state
				  vocational rehabilitation agency. For the purposes of this definition,
				  comparable benefits do not include awards and scholarships based on
				  merit.
"Competitive employment" means work in the competitive labor
				  market that is performed on a full-time 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.
"DBVI" means the Department for the Blind and Vision
				  Impaired.
"Eligible individual" means an applicant for vocational
				  rehabilitation services who meets the eligibility requirements in
				  22VAC45-51-40.
"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.
"Extended employment" means work in a nonintegrated or
				  sheltered setting for a public or private nonprofit agency or organization that
				  provides compensation in accordance with the Fair Labor Standards Act (
				  29 USC §
										201
				  et seq.) 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.
"Extended services," as used in the definition of "supported
				  employment," 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, an employer, or any other appropriate resource
				  from funds other than funds received under 34 CFR Part 361 and 34 CFR Part 363
				  after an individual with a most significant disability has made the transition
				  from support provided by DBVI.
"Family member" for the purposes of receiving vocational
				  rehabilitation services means an individual who is either a relative or
				  guardian of an applicant or eligible individual or lives in the same household
				  as an applicant or eligible individual who has a substantial interest in the
				  well-being of that individual and whose receipt of vocational rehabilitation
				  services is necessary to enable the applicant or eligible individual to achieve
				  an employment outcome.
"Financial need test" means the test developed by DBVI and
				  used to consider the financial need of applicants or eligible individuals with
				  blindness or visual impairment for the purpose of determining the extent of
				  their participation in the costs of vocational rehabilitation services.
"Impartial hearing officer" means an individual who is not an
				  employee of a public agency other than an administrative law judge, hearing
				  examiner, or employee of an institution of higher education; is not a member of
				  the State Rehabilitation Council for the Blind and Vision Impaired; has not
				  been involved previously in the vocational rehabilitation of the applicant or
				  eligible individual; has knowledge of the delivery of vocational rehabilitation
				  services, the state plan, and the federal and state regulations governing the
				  provision of services; has received training with respect to the performance of
				  official duties; and has no personal, professional, or financial interest that
				  would be in conflict with the objectivity of the individual. An individual is
				  not considered to be an employee of DBVI for the purposes of this definition
				  solely because the individual is paid by the DBVI to serve as a hearing officer
				  ( 34 CFR
				  361.5(b)(25) ).
"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.
"Individual with a most significant disability" means an
				  individual who has no functional vision or is significantly visually impaired;
				  has a secondary disability that profoundly limits two or more life activities,
				  such as mobility, communication, self-care, interpersonal skills,
				  self-direction, work tolerance, or work skills in terms of achieving an
				  employment outcome; and the individual's vocational rehabilitation is expected
				  to require three or more vocational rehabilitation services for one year or
				  more.
"Individual with a significant disability" means the
				  significant visual impairment does not enable the individual to obtain a
				  driver's license in Virginia with normal correction; "seriously limits" one or
				  more life activities, such as mobility, communication, self-care, interpersonal
				  skills, self-direction, work tolerance, or work skills, in terms of achieving
				  an employment outcome; and the individual's vocational rehabilitation shall
				  require two or more substantial vocational rehabilitation services for a
				  minimum of three months.
"Individualized plan for employment" or "IPE" means a unique
				  plan for employment that is customized for each eligible individual receiving
				  vocational rehabilitation services.
"Integrated setting," with respect to the provision of
				  services, means a setting typically found in the community in which applicants
				  or eligible individuals interact with nondisabled individuals, other than
				  nondisabled individuals who are providing services to those applicants or
				  eligible individuals, to the same extent that nondisabled individuals in
				  comparable positions interact with other persons.
"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 services under an individualized plan for
				  employment.
"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 remedies.
"One-stop center" means a center designed to provide a full
				  range of assistance to job seekers under one roof. Established under the
				  Workforce Innovation and Opportunity Act of 2014 (
				  29 USC §
										3101
				  et seq.), the centers offer training, career
				  counseling, job listings, and similar employment-related services.
"On-the-job training" means job training received in a real
				  work environment for individuals who are job ready.
"Ophthalmologist" means a physician specializing in diseases
				  of the eye.
"Optometrist" means any person practicing the profession of
				  optometry as defined by § 54.1-3200 of the Code of Virginia and
				  regulations of the Board of Optometry (18VAC105-20).
"Order of selection" means the order defined in the state
				  plan for vocational rehabilitation services that DBVI shall follow in selecting
				  eligible individuals to be provided vocational rehabilitation services when
				  DBVI determines that it is unable to provide the full range of vocational
				  rehabilitation services to all eligible individuals.
"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 shall be designed to increase the individual's
				  control in life and ability to perform everyday activities on or off the job.
				  These services shall be necessary to the achievement of an employment outcome
				  and may be provided only while the individual is receiving other vocational
				  rehabilitation services. These services may include training in managing,
				  supervising, and directing personal assistance services.
"Personal information" means all information that describes,
				  locates, or indexes anything about an individual including (i) social security
				  number, driver's license number, agency-issued identification number, student
				  identification number, or real or personal property holdings derived from tax
				  returns and (ii) education, financial transactions, medical history, or
				  employment record.
"Post-employment services" means one or more of the services
				  identified in 22VAC45-51-80 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.
"Profoundly limits" means the individual is unable to use
				  vision (with or without visual aids) to assist him in performing such functions
				  as mobility, communication, self-care, interpersonal skills, self-direction,
				  work tolerance, or work skills and the individual has not acquired the adaptive
				  skills to compensate for the lack of functional vision.
"Qualified and impartial mediator" means an individual who 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; is not a member of the State Rehabilitation
				  Council for the Blind and Vision Impaired; has not been involved previously in
				  the vocational rehabilitation of the applicant or eligible individual; is
				  knowledgeable of the vocational rehabilitation program and the applicable
				  federal and state laws, regulations, and policies governing the provision of
				  vocational rehabilitation services; has been trained in effective mediation
				  techniques consistent with any state-approved or recognized certification,
				  licensing, registration, or other requirements; and has no personal,
				  professional, or financial interest that would be in conflict with the
				  objectivity of the individual during the mediation proceedings. An individual
				  serving as a mediator is not considered to be an employee of DBVI for the
				  purposes of this definition solely because the individual is paid by DBVI to
				  serve as a mediator.
"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.
"Seriously limits" means an individual has some functional
				  vision (with or without visual aids) that is used by the individual in
				  performing such functions as mobility, communication, self-care, interpersonal
				  skills, self-direction, work tolerance, or work skills and the individual has
				  not acquired the adaptive skills to compensate for the limited functional
				  vision.
"Significant visual impairment" means vision worse than 20/70
				  in the better eye with correction or a field of vision restricted to less than
				  70 degrees in the better eye.
"Supported employment" means
(i) competitive work 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 individual with
				  ongoing support services for individuals with the most significant disabilities
				  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 who, because of the nature and severity of their
				  disabilities, need intensive supported employment services from DBVI and
				  extended services after transition to perform this work or
(ii) transitional employment for individuals with the most
				  significant disabilities due to mental illness.
"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 post-secondary
				  education, vocational training, and integrated employment (including supported
				  employment), continuing adult education, adult services, independent living, or
				  community participation.
"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.
"Vocational rehabilitation services" or "services" means
				  goods and services that are available to assist the individual with a
				  disability in preparing for, securing, retaining, or regaining an employment
				  outcome that is consistent with the individual's strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed choice
				  as described in 22VAC45-51-70 and
				  34 CFR
				  361.48.
"Work adjustment training" means a training process utilizing
				  individual and group work or work-related activities to assist individuals in
				  understanding the meaning, value, and demands of work; to modify or develop
				  attitudes, personal characteristics, and work behavior; and to develop
				  functional capacities, as required, in order to assist individuals toward their
				  optimum level of vocational development.
Statutory Authority: § 51.5-66 of the Code of
					 Virginia.