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Developed and maintained by the Division of Legislative Automated Systems.
2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.5-9.01, 51.5-16 through 51.5-20, and 63.1-70.1 of the Code of Virginia are amended and reenacted as follows:
§ 51.5-9.01. State Rehabilitation Council.
The Statewide State Rehabilitation Advisory Council is hereby created to
provide advice to the Department of Rehabilitative Services regarding vocational services provided pursuant to
Title I and Title VI of the federal Rehabilitation Act. Membership and duties
shall be constructed according to federal provisions.
§ 51.5-16. Assessment.
A. When an individual applies for vocational rehabilitation services provided
or funded by the Department, in whole or in part, a preliminary diagnostic
evaluation an assessment shall be made to determine eligibility for benefits
according to the standards adopted pursuant to § 51.5-15. If, after a
preliminary evaluation an assessment, eligibility is established, a thorough
comprehensive diagnostic evaluation assessment shall be conducted to ascertain
the nature and scope of services needed by the applicant. Both evaluations
assessments shall be carried out with the involvement of the applicant and his
parents or guardian if appropriate. Both evaluations assessments shall include,
when appropriate: (i) a comprehensive diagnostic study that assesses the
relationship between the applicant's impairment and the vocational rehabilitative
services that may enhance the applicant's employability a review of existing
data and to the extent necessary, the provision of appropriate assessment activities to
obtain necessary data to determine eligibility and services needed; (ii)
evaluations by qualified personnel of the applicant's potential to benefit from
rehabilitation technology services referral for the provision of rehabilitation
technology services to assess and develop the individual's capacities to perform in a work
environment; and (iii) referral to other agencies and organizations for
appropriate evaluation assessment services.
B. Extended evaluation may be undertaken to determine the vocational
rehabilitative potential of applicants for whom additional diagnostic study is
necessary to determine eligibility or need for specific services when, after
both preliminary and comprehensive evaluation of an applicant, no conclusion
fairly can be reached about either the extent of impairment or the potential
enhancement to employability that vocational rehabilitation would yield.
§ 51.5-17. Individualized plan for employment.
An A written individualized written program plan for employment for each
recipient of vocational rehabilitation services provided or funded by the Department, in whole or in part, shall be
developed within a reasonable time and agreed to and signed by the client, his
parents or guardian, if appropriate, and a qualified vocational by a
rehabilitation counselor, or other staff member of comparable skills employed
by the department. The development and implementation of the program shall
involve, to the maximum extent feasible, the client and, when appropriate, the client's
parents or guardian. The program plan shall be reviewed at least annually,
involving in the review by the client, and, when appropriate, his parents or
guardian, if appropriate, and the qualified vocational rehabilitation
counselor.
§ 51.5-18. Services for individuals.
A. Vocational rehabilitation services provided by the Department shall address comprehensively the individual needs of each client to the maximum extent possible with resources available to the Department, through the following:
1. Evaluation of vocational rehabilitation potential, including diagnostic and
related services incidental to the determination of An assessment for
determining eligibility and vocational needs by qualified personnel, including,
if appropriate, an assessment by personnel skilled in rehabilitation technology
for rehabilitation services;
2. Counseling and guidance, including information and support services to assist an individual in exercising informed choice, and referral necessary to help applicants or clients to secure needed services from other agencies;
3. Physical Diagnosis and treatment of physical or mental impairments,
including restoration services designed to correct or significantly modify a
physical or mental condition which is chronic or slowly deteriorative;:
a. Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but that is of such a nature that correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time;
b. Necessary hospitalization in connection with surgery or treatment;
c. Prosthetic and orthotic devices;
d. Eyeglasses and visual services as prescribed by qualified personnel who meet state licensure laws and who are selected by the client;
e. Special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of clients with end-stage renal disease; and
f. Diagnosis and treatment for mental and emotional disorders by qualified personnel who meet state licensure laws.
4. Career and technical education Vocational and other training services,
including services for the provision of personal and vocational-adjustment
services, books, tools, and other training materials, except that no training
services in provided at institutions of higher education may shall be paid for
with funds under this chapter unless maximum efforts have been made to secure
funds and grant assistance in whole or part from other funding sources;
5. Maintenance, including payments not exceeding the estimated cost of
subsistence, provided from the time vocational rehabilitation services have begun
through the time when post-employment services are provided for additional
costs incurred while participating in an assessment for determining eligibility and
vocational rehabilitation needs or while receiving services under an individualized plan
for employment;
6. Transportation for the purpose of supporting and deriving the full benefit
of the other vocational rehabilitation services being provided, including
adequate training in the use of public transportation vehicles and systems that
is provided in connection with the provision of any other services described in
this section and needed by the client to achieve an employment outcome;
7. Services to members of a client's family when such services are necessary to
achieve assist the objectives included in the client's rehabilitation program
client to achieve an employment outcome;
8. Interpreter and note-taking services services provided by qualified
personnel for clients who are deaf or hard-of-hearing clients and reader
services for clients determined to be blind, after an examination by qualified
personnel who meet state licensure laws;
9. Rehabilitation technology, including telecommunications, sensory and other technological aids and devices;
10. Placement in suitable employment Job-related services, including job search
and assistance, job retention services, follow-up services, and follow-along
services;
11. Specific post-employment services when necessary to assist the maintenance
of client to retain, regain, or advance in employment;
12. Occupational licenses, tools, equipment, and initial stocks and supplies;
13. On-the-job or other related personal assistance services provided while a
client is receiving other goods and services, including attendant care,
reasonably related to enhancing the employability of persons with disabilities
described in this section;
14. Supported employment services which include providing a rehabilitation or
other human services agency staff person to assist in job placement, job site
training and job follow-through for the disabled employee; and
15. Rehabilitation technology services Technical assistance and other
consultation services to conduct market analyses, develop business plans, and otherwise provide
resources to the extent such resources are authorized to be provided through
the statewide workforce investment system, to eligible clients pursuing
self-employment or telecommuting or establishing a small business operation as
an employment outcome; and
16. Transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the individualized plan for employment.
B. Written standards shall be established by the Commissioner detailing the scope and nature of each vocational rehabilitation service authorized herein, the conditions, criteria and procedures under which each service may be provided, and the use of entitlements and other benefits to access these services, when appropriate.
C. In providing the foregoing services, the Department shall make maximum
efforts to utilize those services and entitlements which are or could be provided
more economically by other public or private agencies determine whether
comparable services and benefits are available under any other program unless
such a determination would interrupt or delay the progress of the client toward
achieving the employment outcome identified in the individualized plan for
employment, an immediate job placement, or the provision of such service to any
client at extreme medical risk.
§ 51.5-19. Services for groups.
Vocational rehabilitation services provided by the Department for the benefit of groups shall include, to the maximum extent possible with the resources available to the Department:
1. The establishment of, development, or improvement of community
rehabilitation facilities programs;
2. The provision of other facilities and services, in addition to those
provided at rehabilitation facilities, which that promise to contribute
significantly to rehabilitation of a group of clients but which that are not
directly related to the individualized written program plan for employment of
any one client; and,
3. The use of existing telecommunications and the use or development of other
assistant systems, including telephone, television, satellite, radio, and other
similar systems that have the potential for substantially improving delivery methods of
activities described in this section and developing appropriate programming to meet the
particular needs of individuals with disabilities;
4. Technical assistance and support services to businesses that are not subject to Title I of the Americans With Disabilities Act of 1990 (42 U.S.C. § 1211 et seq.); and
5. Consultative and technical assistance services to assist educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.
§ 51.5-20. Community Rehabilitation Program
When any part of the written individualized written rehabilitation program plan
for employment of a client of the Department includes services in a private,
nonprofit workshop community rehabilitation program (CRP), that portion of the
program plan shall be developed jointly with the rehabilitation counselor,
or qualified designated staff member, a qualified staff member of the sheltered
workshop CRP, and the client and, when appropriate, his parents or guardian.
Factors to be considered shall include, but not be limited to, proposed activities, activity
schedule, and the impact of the activity on the welfare of the client, the
client's family, and his community.
When a case is closed upon a client's placement in extended employment in a
sheltered workshop CRP, the case shall be reviewed by the Department, with
the cooperation of the workshop CRP, within twelve months of case closure.
§ 63.1-70.1. State Rehabilitation Council for the Blind and Vision Impaired created.
The Statewide State Rehabilitation Advisory Council for the Blind and Vision
Impaired is hereby created to provide advice to the Department for the Blind
and Vision Impaired regarding vocational services provided pursuant to Title I and
Title VI of the federal Rehabilitation Act. Membership and duties shall be
constructed according to federal provisions.