According to 34 CFR 361.36, if RSB is unable to provide vocational rehabilitation services to all eligible individuals who apply for services, RSB will implement an order of selection to ensure that those individuals with the most severe disabilities are provided services. 361.36
1. In the event that a full range of vocational rehabilitation services cannot be provided to all visually-eligible individuals with disabilities in the State of Missouri, Rehabilitation Services for the Blind (RSB) will implement a statewide order of selection. RSB will evaluate the need to implement an order of selection prior to the beginning of each federal fiscal year. If circumstances that arise during the year indicate that RSB may not be able to provide the full range of services to all eligible individuals, RSB will reevaluate the need to implement an order of selection at that time.
2. RSB will consult with the State Rehabilitation Council for the Blind (SRC) prior to implementing an order of selection. RSB will also jointly develop criteria for determining severity of disability, priority categories for services and information pertaining to the administration of the order of selection with the SRC.
3. When an order of selection is implemented, RSB will notify all eligible individuals of the priority categories that apply to the order of selection, along with the individual’s assigned category and their right to appeal their categorical assignment. A narrative entry in each case record will record the basis for the categorical assignment.
4. An eligible individual’s assigned category may be changed at any time based on information that clarifies the severity of the individual’s disability or if there is a change in the severity of disability.
5. The implementation of an order of selection will not affect the provision of diagnostic and evaluation services necessary to determine eligibility.
6. While under an order of selection, RSB will develop an individualized plan for employment (IPE) only for those eligible individuals who are in the priority categories currently being served.
7. RSB will continue to provide all needed services to any eligible individual who has begun to receive services under an Individualized Plan for Employment (IPE) prior to the effective date of the order of selection, regardless of the eligible individual’s assigned category.
8. RSB will ensure that all funding arrangements for providing services under the State Plan for Vocational Rehabilitation, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection.
9. When operating under an order of selection, RSB will ensure that all eligible individuals, regardless of assigned category, will have access to an information and referral system that ensures that they will be provided accurate vocational rehabilitation information and guidance, (including counseling and referral for job placement by RSB staff), using appropriate modes of communication, to assist such individuals in preparing for, securing, retaining, or regaining employment, and that they will be appropriately referred to Federal and State programs (other than the vocational rehabilitation program), including other components of the statewide workforce investment system. In the event of an individual’s referral to a Federal or State program, RSB will provide the individual with –
(A) a notice of the referral by RSB to the agency carrying out the program;
(B) information identifying a specific point of contact within the agency carrying out the program; and
(C) information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain, or regain employment.
10. Eligible individuals will be served under the categories of priority defined below. In accordance with these categories, individuals with the most significant disabilities (Priority I) will be selected first for the provision of vocational rehabilitation services. In the event that all Priority I individuals can be served with available resources, Priority II and then Priority III cases (in that order) will be opened for provision of vocational rehabilitation services,
Priority I: Individual with a most significant disability
Priority II: Individual with a significant disability
Priority III: Individual with a disability
(A) Who has a physical or mental impairment;
(B) Whose impairment constitutes or results in a substantial impediment to employment; and
(C) Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
(A) has a severe physical or mental impairment that seriously limits one or more functional capacities (i.e., mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) (for examples of limitation of functional capacities, see Appendix A) in terms of an employment outcome; and
(B) whose vocational rehabilitation can be expected to require multiple services over an extended period of time; and
(C) 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, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal 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.
(A) has a severe physical or mental impairment that seriously limits three or more functional capacities (i.e., mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) (for examples of limitation of functional capacities, see Appendix A) in terms of an employment outcome.
12. While RSB is operating under the order of selection, all RSB-eligible individuals who are in priority categories that are not being served will be placed on a waiting list in Status 04 (prior to IPE development) and will remain on the waiting list in that status until approval is given to serve individuals in their assigned priority category. When approval to serve a priority category that has been on the waiting list is given, individuals will be served in the order of their application date.
a. Requires assistive devices (cane, canes for the blind, crutches, prosthesis, walker, wheelchair) to be mobile.
b. Is unable to climb one flight of stairs without pause.
c. Is unable to walk 100 meters without pause.
d. Requires assistance from another individual to travel from place to place.
e. Due to possible side effects of psychotropic medications, is experiencing tremors or balance problems.
f. Other similar mobility impediments.
a. Expressive and receptive primary mode of communication is unintelligible to non-family members.
b. Does not demonstrate understanding of simple requests or is unable to understand one-to-two step instructions including instructions given through an interpreter.
c. Is not able to read written communication.
d. Thought process and/or mood extremely impaired as evidenced by symptoms such as hallucinations, delusions, extreme mood swings, depression and/or severe deficit in attention span.
e. Other similar communication impediments.
a. Is unable to make life decisions, provide informed consent, or understand rights or responsibilities as determined by a judicial or other proceeding, a duly licensed physician, licensed psychologist or other qualified professional or entity. Is unable to procure appropriate public support systems without assistance.
b. Is unable to perform activities of daily living without assistance
c. Other similar self-care impediments.
4. Self Direction
a. Is unable to independently provide informed consent for life issues or make life decisions.
b. Is unable to understand rights or responsibilities as determined by a judicial or other proceeding, a duly licensed physician, licensed psychologist or other qualified professional.
c. Other similar impediments in self-direction.
5. Learning Ability and Inter-personal Impediments
a. Has disfigurement or deformity so pronounced as to cause social rejection.
b. Whose demonstrated behavior is such that the individual is a danger to self and others without supervision.
c. Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual’s role or functioning in the community, school, family or peer group.
d. Unable to respond appropriately to supervision or to respond appropriately to co-workers or the public.
e. Unable to develop social support systems in a natural environment
f. Other similar learning or interpersonal impediments.
6. Capacity for Independence
a. Unable to perform tasks such as locate and use telephone.
b. Unable to understand money/change making.
c. Unable to tell/interpret time.
d. Requires public financial assistance for out of hospital maintenance.
e. Is unable to live independently without assistance.
f. Other similar impediments in independence.
7. Work Skills and Work Tolerance
a. Is unable to perform sustained work for more than 4 hours per day.
b. Is unable to perform work outside sheltered environment.
c. Is unable to perform work in an integrated setting without support.
d. Individual is unable to perform sustained work longer than 6 months due to cyclical nature of mental illness, and/or difficulty in handling stress/ anxiety, as evidenced by agitation or inability to problem solve.
e. Other similar work related impediments.
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