Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-10 - 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 indicates
				  otherwise.
"Act" means the Rehabilitation Act of 1973 (
				  29 USC §
										701 et seq.), as amended.
"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 the use of interpreters, open and closed captioned
				  videos, specialized telecommunications services and audio recordings, Brailled
				  and large-print materials, materials in electronic formats, augmentative
				  communication devices, graphic presentations, and simple language
				  materials.
"Assessment for determining eligibility and vocational
				  rehabilitation needs" means, as appropriate in each case, a review of existing
				  data as described in
				  22VAC30-20-30
				  to determine if an individual meets the eligibility requirements for vocational
				  rehabilitation services as described in
				  22VAC30-20-40,
				  and to assign priority for an order of selection described in
				  22VAC30-20-90.
"Assistive technology" 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 education 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.
"Audiological examination" means the testing of the sense of
				  hearing.
"Clear and convincing evidence" means that the designated
				  state unit shall have a high degree of certainty before it can conclude that an
				  individual is incapable of benefiting from services in terms of an employment
				  outcome. The clear and convincing standard constitutes the highest standard
				  used in our civil system of law and is to be individually applied on a
				  case-by-case basis. The term "clear" means unequivocal. Given these
				  requirements, a review of existing information generally would not provide
				  clear and convincing evidence. For example, the use of an intelligence test
				  result alone would not constitute clear and convincing evidence. Clear and
				  convincing evidence might include a description of assessments, including
				  situational assessments and supported employment assessments, from service
				  providers who have concluded that they would be unable to meet the individual's
				  needs due to the severity of the individual's disability. The demonstration of
				  clear and convincing evidence must include, if appropriate, a functional
				  assessment of skill development activities, with any necessary supports
				  (including assistive technology), in real life settings. (S. Rep. No. 357, 102d
				  Cong., 2d. Sess. 37-38 (1992))
"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 Act , and to assist
				  applicants and eligible individuals in their relationship with programs,
				  projects, and facilities providing vocational rehabilitation services.
"Commissioner" means the Commissioner of the Department for
				  Aging and Rehabilitative Services.
"Community rehabilitation program" means a program that
				  directly provides or facilitates the provision of one or more of the following
				  vocational rehabilitation services to individuals with disabilities to enable
				  those individuals to maximize their opportunities for employment, including
				  career advancement:
1. Medical, psychiatric, psychological, social, and
				  vocational services that are provided under one management;
2. Testing, fitting, or training in the use of prosthetic and
				  orthotic devices;
3. Recreational therapy;
4. Physical and occupational therapy;
5. Speech, language, and hearing therapy;
6. Psychiatric, psychological, and social services, including
				  positive behavior management;
7. Assessment for determining eligibility and vocational
				  rehabilitation needs;
8. Rehabilitation technology;
9. Job development, placement, and retention services;
10. Evaluation or control of specific disabilities;
11. Orientation and mobility services for individuals who are
				  blind;
12. Extended employment;
13. Psychosocial rehabilitation services;
14. Supported employment services and extended
				  services;
15. Customized employment;
16. Services to family members, if necessary, to enable the
				  applicant or eligible individual to achieve an employment outcome;
17. Personal assistance services; or
18. Services similar to the services described in
				  subdivisions 1 through 17 of this definition.
For the purposes of this definition, the word "program" means
				  an agency, organization, or institution, or unit of an agency, organization, or
				  institution that directly provides or facilitates the provision of vocational
				  rehabilitation services as one of its major functions.
"Comparable services and benefits" means services and
				  benefits, including accommodations and auxiliary aids and services, 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; available to the
				  individual at the time needed to ensure the individual's progress toward
				  achieving the employment outcome in the individual's individualized plan for
				  employment; and commensurate to the services that the individual would
				  otherwise receive from the vocational rehabilitation agency. For the purposes
				  of this definition, comparable benefits do not include awards and scholarships
				  based on merit.
"Competitive integrated employment" means work that (i) is
				  performed on a full-time or part-time basis (including self-employment) and for
				  which an individual is compensated at or above the rate required under state or
				  local minimum wage law for the place of employment but not less than the
				  customary wage and level of benefits paid by the employer for the same or
				  similar work performed by individuals without disabilities in comparable
				  positions who have similar training, experience, and skills; (ii) in the case
				  of an individual who is self-employed, yields an income that is comparable to
				  the income received by other individuals who are not individuals with
				  disabilities and who are self-employed in similar occupations or similar tasks
				  and who have similar training, experience, and skills; (iii) is typically found
				  in the community where the employee with a disability interacts for the purpose
				  of performing the duties of the position with other individuals without
				  disabilities to the same extent that employees who do not have disabilities
				  interact in comparable positions; and (iv) presents, as appropriate,
				  opportunities for advancement that are similar to those for other individuals
				  who are not individuals with disabilities and who have similar
				  positions.
"Customized employment" means competitive integrated
				  employment based on the unique strengths, needs, and interests of an individual
				  with a significant disability, which is designed to meet the specific abilities
				  of the individual with a significant disability and the business needs of the
				  employer and is carried out through flexible strategies, such as (i) job
				  exploration by the individual; (ii) customizing a job description based on
				  current employer needs or on previously unidentified and unmet employer needs;
				  (iii) developing a set of job duties, a work schedule and job arrangements, and
				  specifics of supervision (including performance evaluation and reviews) and
				  determining job location; (iv) using a professional representative chosen by
				  the individual, or if elected self-representation, to work with an employer to
				  facilitate placement; and (v) providing services and supports at the job
				  location.
"Department" means the Department for Aging and
				  Rehabilitative Services. The department is considered the "designated state
				  agency" or "state agency," meaning the sole state agency designated in
				  accordance with
				  34 CFR
				  361.13(a) to administer or
				  supervise local administration of the state plan for vocational rehabilitation
				  services. The department also is considered the "designated state unit" or
				  "state unit," meaning the state agency, vocational rehabilitation bureau,
				  division, or other organizational unit that is primarily concerned with
				  vocational rehabilitation or vocational and other rehabilitation of individuals
				  with disabilities and that is responsible for the administration of the
				  vocational rehabilitation program of the state agency as required under
				  34 CFR
				  361.13(b), or the state
				  agency that is primarily concerned with vocational rehabilitation or vocational
				  and other rehabilitation of individuals with disabilities.
"Eligible individual" means an applicant for vocational
				  rehabilitation services who meets the eligibility requirements of
				  22VAC30-20-40.
"Employment outcome" means, with respect to an individual,
				  entering, advancing in, or retaining full-time or, if appropriate, part-time
				  competitive integrated employment , as defined in this section (including
				  customized employment, self-employment, telecommuting, or business ownership),
				  or supported employment as defined in this section, that is consistent with an
				  individual's strengths, resources, priorities, concerns, abilities,
				  capabilities, interests, and informed choice. (
				  34 CFR
				  361.5(c)(15) )
"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.). (
				  34 CFR
				  361.5(c)(18) ).
"Extended services" as used in the definition of "supported
				  employment" means ongoing support services and other appropriate services that
				  are (i) needed to support and maintain an individual with a most significant
				  disability in supported employment ; (ii) organized or made available, singly
				  or in combination, in such a way as to assist an eligible individual in
				  maintaining supported employment; (iii) based on the needs of an eligible
				  individual, as specified in an individualized plan for employment; (iv)
				  provided by a state agency, a private nonprofit organization, employer, or any
				  other appropriate resource after an individual with a most significant
				  disability has made the transition from support provided by the department; and
				  (v) provided to a youth with a most significant disability by the department in
				  accordance with requirements set forth in
				  22VAC30-20-110
				  and
				  22VAC30-20-120
				  of this chapter and 34 CFR Part 363 for a period of time not to exceed four
				  years, or at such time a youth reached age 25 years and no longer meets the
				  definition of youth with a disability in this section, whichever occurs
				  first.
"Extreme medical risk" means a probability of substantially
				  increasing functional impairment or death if medical services, including mental
				  health services, are not provided expeditiously.
"Family member" or "member of the family" means an individual
				  (i) 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; (ii) who has a substantial interest in the well-being of that
				  individual; and (iii) whose receipt of vocational rehabilitation services is
				  necessary to enable the applicant or eligible individual to achieve an
				  employment outcome.
"Higher education" means training or training services
				  provided by universities, colleges, community or junior colleges, vocational
				  schools, technical institutes, or hospital schools of nursing.
"IDEA" means the federal Individuals with Disabilities
				  Education Act (
				  20 USC §
										1400 et seq.).
"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 department; has not been involved
				  previously in the vocational rehabilitation of the applicant or recipient of
				  services; has knowledge of the delivery of vocational rehabilitation services,
				  the vocational rehabilitation portion of the unified or combined 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 a public agency for the purposes of this definition solely because
				  the individual is paid by the agency to serve as a hearing officer. (
				  34 CFR
				  361.5(c)(24) )
"Individual who is blind" means a person who is blind within
				  the meaning of applicable state law.
"Individual with a disability," except as provided in
				  34 CFR
				  361.5(c)(28), means an
				  individual (i) who has a physical or mental impairment; (ii) whose impairment
				  constitutes or results in a substantial impediment to employment; and (iii) who
				  can benefit in terms of an employment outcome from the provision of vocational
				  rehabilitation services. (
				  34 CFR
				  361.5(c)(27) )
"Individual with a most significant disability" means an
				  individual with a significant disability who meets the department's criteria
				  for an individual with a most significant disability. (
				  34 CFR
				  361.5(c)(29) )
"Individual with a significant disability" means an
				  individual with a disability (i) who has a severe physical or mental impairment
				  that seriously limits one or more functional capacities (such as mobility,
				  communication, self-care, self-direction, interpersonal skills, work tolerance,
				  or work skills) in terms of an employment outcome; (ii) whose vocational
				  rehabilitation can be expected to require multiple vocational rehabilitation
				  services over an extended period of time; and (iii) who has one or more
				  physical or mental disabilities resulting from amputation, arthritis, autism,
				  blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head
				  injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary
				  dysfunction, intellectual disability, mental illness, multiple sclerosis,
				  muscular dystrophy, musculoskeletal disorders, neurological disorders
				  (including stroke and epilepsy), spinal cord conditions (including paraplegia
				  and quadriplegia), sickle cell anemia, specific learning disability, end-stage
				  renal disease, or another disability or combination of disabilities determined
				  on the basis of an assessment for determining eligibility and vocational
				  rehabilitation needs to cause comparable substantial functional limitation. (
				  34 CFR
				  361.5(c)(30) )
"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. (
				  34 CFR
				  361.5(c)(31) )
"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. "Integrated setting," with respect to an employment
				  outcome, means a setting typically found in the community where the employee
				  with a disability interacts, for the purposes of performing the duties of the
				  position, with other employees within the particular work unit and the entire
				  work site, and, as appropriate to the work performed, other persons (e.g.,
				  customers and vendors) who are not individuals with disabilities (not including
				  supervisory personnel or individuals who are providing services to such
				  employee) to the same extent that employees who are not individuals with
				  disabilities and who are in comparable positions interact with these persons. (
				  34 CFR
				  361.5(c)(32) )
"Local workforce development board" means a local board as
				  defined in § 3 of the Workforce Innovation and Opportunity Act ( 20 USC
				  § 3101 et seq.). (
				  34 CFR
				  361.5(c)(33) )
"Maintenance" means monetary support provided to an
				  individual for expenses, such as food, shelter, and clothing, that are in
				  excess of the normal expenses of the individual and that are necessitated by
				  the individual's participation in an assessment for determining eligibility and
				  vocational rehabilitation needs or the individual's receipt of vocational
				  rehabilitation services under an individualized plan for employment. (
				  34 CFR
				  361.5(c)(34) )
"Mediation" means the act or process of using an independent
				  third party to act as a mediator, intermediary, or conciliator to assist
				  persons or parties in settling differences or disputes prior to pursuing formal
				  administrative or other legal remedies. Mediation under the program must be
				  conducted in accordance with the requirements in
				  34
				  CFR 361.57(d) by a qualified
				  impartial mediator. (
				  34 CFR
				  361.5(c)(35) )
"Nonprofit," with respect to a community rehabilitation
				  program, means a community rehabilitation program carried out by a corporation
				  or association, no part of the net earnings of which inures, or may lawfully
				  inure, to the benefit of any private shareholder or individual and the income
				  of which is exempt from taxation under § 501(c)(3) of the Internal Revenue
				  Code of 1986. (
				  34 CFR
				  361.5(c)(36) )
"One-stop center" means a center established under the
				  Workforce Innovation and Opportunity Act ( 20 USC § 3101 et seq.) and
				  designed to provide a full range of assistance to job seekers . The centers
				  offer training, career counseling, job listings, and similar employment related
				  services.
"Ongoing support services," as used in the definition of
				  "supported employment," means services that are needed to support and maintain
				  an individual with a most significant disability, including a youth with a most
				  significant disability, in supported employment; identified based on a
				  determination by the department of the individual's needs as specified in an
				  individualized plan for employment; and furnished by the department from the
				  time of job placement until transition to extended services, unless
				  post-employment services are provided following transition, and thereafter by
				  one or more extended services providers throughout the individual's term of
				  employment in a particular job placement . These services shall include an
				  assessment of employment stability and provision of specific services or the
				  coordination of services at or away from the worksite that are needed to
				  maintain stability based on, at a minimum, twice-monthly monitoring at the
				  worksite of each individual in supported employment, or if under specific
				  circumstances, especially at the request of the individual, the individualized
				  plan for employment provides for off-site monitoring, twice-monthly meetings
				  with the individual. These services shall consist of any particularized
				  assessment supplementary to the comprehensive assessment of rehabilitation
				  needs described in subsection A of
				  22VAC30-20-100;
				  the provision of skilled job trainers who accompany the individual for
				  intensive job skill training at the worksite; job development and training;
				  social skills training; regular observation or supervision of the individual;
				  follow-up services including regular contact with the employers, the
				  individuals, the parents, family members, guardians, advocates or authorized
				  representatives of the individuals, and other suitable professional and
				  informed advisors in order to reinforce and stabilize the job placement;
				  facilitation of natural supports at the worksite; any other service identified
				  in the scope of vocational rehabilitation services for individuals described in
				  22VAC30-20-120;
				  or any service similar to the foregoing services. (
				  34 CFR
				  361.5(c)(37) )
"Personal assistance services" means a range of services,
				  including, among other things, training in managing, supervising, and directing
				  personal assistance services, provided by one or more persons designed to
				  assist an individual with a disability to perform daily living activities on or
				  off the job that the individual would typically perform without assistance if
				  the individual did not have a disability. The services must be designed to
				  increase the individual's control in life and ability to perform everyday
				  activities on or off the job. The services must be necessary to the achievement
				  of an employment outcome and may be provided only while the individual is
				  receiving other vocational rehabilitation services. The services may include
				  training in managing, supervising, and directing personal assistance services.
				  (
				  34 CFR
				  361.5(c)(38) )
"Physical and mental restoration services" means corrective
				  surgery or therapeutic treatment that is likely, within a reasonable period of
				  time, to correct or modify substantially a stable or slowly progressive
				  physical or mental impairment that constitutes a substantial impediment to
				  employment; diagnosis of and treatment for mental or emotional disorders by
				  qualified personnel in accordance with state licensure laws; dentistry; nursing
				  services; necessary hospitalization (either inpatient or outpatient care) in
				  connection with surgery or treatment and clinic services; drugs and supplies;
				  prosthetic, orthotic, or other assistive devices, including hearing aids;
				  eyeglasses and visual services, including visual training, and the examination
				  and services necessary for the prescription and provision of eyeglasses,
				  contact lenses, microscopic lenses, telescopic lenses, and other special visual
				  aids provided by the department in accordance with the cooperative agreement
				  established with the Department for the Blind and Vision Impaired and
				  prescribed by personnel that are qualified in accordance with state licensure
				  laws; podiatry; physical therapy; occupational therapy; speech or hearing
				  therapy; mental health services; treatment of either acute or chronic medical
				  complications and emergencies that are associated with or arise out of the
				  provision of physical and mental restoration services or that are inherent in
				  the condition under treatment; special services for the treatment of
				  individuals with end-stage renal disease, including transplantation, dialysis,
				  artificial kidneys, and supplies; and other medical or medically related
				  rehabilitation services.
"Physical or mental impairment" means any physiological
				  disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
				  or more of the following body systems: neurological, musculoskeletal, special
				  sense organs, respiratory (including speech organs), cardiovascular,
				  reproductive, digestive, genitourinary, hemic, and lymphatic, skin, and
				  endocrine; or any mental or psychological disorders such as intellectual
				  disability, organic brain syndrome, emotional or mental illness, and specific
				  learning disabilities. (
				  34 CFR
				  361.5(c)(40) )
"Post-employment services" means one or more of the services
				  identified in
				  22VAC30-20-120
				  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 unique strengths, resources,
				  priorities, concerns, abilities, capabilities, interests, and informed choice.
				  (
				  34 CFR
				  361.5(c)(41) )
"Pre-employment transition services" means the required
				  activities and authorized activities specified in
				  34
				  CFR 361.48(a)(2) and (3). (
				  34 CFR
				  361.5(c)(42) )
"Prevocational training" means individual and group
				  instruction or counseling, the controlled use of varied activities, and the
				  application of special behavior modification techniques. Individuals or
				  patients are helped to (i) develop physical and emotional tolerance for work
				  demands and pressures, (ii) acquire personal-social behaviors which would make
				  them acceptable employees and coworkers on the job, and (iii) develop the basic
				  manual, academic, and communication skills needed to acquire basic job
				  skills.
"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 department; has not been involved previously in the vocational
				  rehabilitation of the applicant or recipient of services; 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 the department for the purposes
				  of this definition solely because the individual is paid by the department to
				  serve as a mediator. (
				  34 CFR
				  361.5(c)(43) )
"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. (
				  34 CFR
				  361.5(c)(45) )
"State" means the Commonwealth of Virginia.
"State plan" means the vocational rehabilitation services
				  portion of the unified or combined state plan submitted under
				  34 CFR
				  361.10.
"State workforce development board" means a state workforce
				  development board as established under § 3 of the Workforce Innovation and
				  Opportunity Act ( 20 USC 3101 et seq.). (
				  34 CFR
				  361.5(c)(49) )
"Student with a disability" means an individual with a
				  disability in secondary, postsecondary, or other recognized education program
				  who (i) is not younger than the earliest age for the provision of transition
				  services under § 614(d)(1)(A)(i)(VIII) of IDEA, or if the state elects to
				  use a lower minimum age for the receipt of pre-employment transition services
				  under IDEA, is not younger than that minimum age; (ii) is not older than the
				  maximum age allowed by state law for receipt of services under IDEA; and (iii)
				  is eligible for and receiving special education or related services under Part
				  B of IDEA or is a student who is an individual with a disability for purposes
				  of § 504 of the Act. (
				  34 CFR
				  361.5(c)(51) )
"Substantial impediment to employment" means that a physical
				  or mental impairment (in light of attendant medical, psychological, vocational,
				  educational, and other related factors) hinders an individual from preparing
				  for, entering into, engaging in, advancing in, or retaining employment
				  consistent with the individual's abilities and capabilities. (
				  34 CFR
				  361.5(c)(52) )
"Supported employment" means
(i) competitive integrated employment , including customized
				  employment, that is individualized and customized, consistent with the unique
				  strengths, abilities, interests, and informed choice of the individual,
				  including ongoing support services for individuals with the most significant
				  disabilities, for whom competitive integrated employment has not historically
				  occurred or for whom competitive integrated employment has been interrupted or
				  intermittent as a result of a significant disability, and who, because of the
				  nature and severity of the individual's disabilities, needs intensive supported
				  employment services and extended services after the transition from support by
				  the department, in order to perform this work . (
				  34 CFR
				  361.5(c)(53) )
"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, including a youth with a most significant disability, in supported
				  employment that are (i) organized and made available, singly or in combination,
				  in such a way as to assist an eligible individual to achieve competitive
				  integrated employment; (ii) based on a determination of the needs of an
				  eligible individual, as specified in an individualized plan for employment;
				  (iii) provided by the department for a period of time not to exceed 24 months,
				  unless under special circumstances the eligible individual and the
				  rehabilitation counselor jointly agree to extend the time to achieve the
				  employment outcome identified in the individualized plan for employment; and
				  (iv) following transition, as post-employment services that are unavailable
				  from an extended services provider and that are necessary to maintain or regain
				  the job placement or advance in employment. (
				  34 CFR
				  361.5(c)(54) )
"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
				  postsecondary education, vocational training, competitive integrated employment
				  , supported employment, continuing and adult education, adult services,
				  independent living, or community participation. The coordinated set of
				  activities must be based upon the individual student's or youth's needs, taking
				  into account the student's or youth's preferences and interests, and must
				  include instruction, community experiences, the development of employment and
				  other post-school adult living objectives, and, if appropriate, acquisition of
				  daily living skills and functional vocational evaluation. Transition services
				  must promote or facilitate the achievement of the employment outcome identified
				  in the student's or youth's individualized plan for employment and include
				  outreach to and engagement of the parents, or as appropriate, the
				  representative of such a student or youth with a disability. (
				  34 CFR
				  361.5(c)(55)
"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. (
				  34 CFR
				  361.5(c)(56) )
"Vocational rehabilitation potential" means the ability of
				  the individual with a disability to benefit in terms of an employment outcome
				  from the provision of vocational rehabilitation services.
"Vocational rehabilitation services" means those services
				  listed in
				  22VAC30-20-120.
"WIOA" means the federal Workforce Innovation and Opportunity
				  Act ( 29 USC §
										3101 et
				  seq.).
"Youth with a disability" means an individual with a
				  disability who is not younger than 14 years of age and not older than 24 years
				  of age.
Statutory Authority: §
											51.5-131
					 of the Code of Virginia.