HAR §17-401.1-23
HAR §17-401.1-23. 348-3, 348-6; 29 U
Cite as Haw. Code R. § 17-401.1-23
S.C. §§709, 723; 34
C.F.R. §361.50)
§17-401.1-24 Interpreter services and tactile
interpreting services. (a) The division shall
provide interpreter services for applicants and
eligible individuals who are deaf and tactile
interpreting services for applicants and eligible
individuals who are deaf-blind when necessary to
assure the provision of efficient and meaningful VR
services throughout the VR process.
(1)
Interpreter services consists of sign
language and oral interpreter services to
facilitate communication between individuals
who are deaf and individuals who can hear.
(A)
Individuals who have low vision or a
restricted visual field may continue to
use some preferred form of sign
language with minor modifications.
Appropriate use of lighting and
distance may enable the staff to work
directly with the individual.
(B)
Individuals who have a narrow visual
field may hold onto a speaker’s wrists
in order to follow what is being
signed. One modification of this
system is for the individual to place
the individual’s hands on either side
of the visual field so the speaker can
sign within the field.
(C)
Fingerspelling can be read visually, by
tracking, or tactually. The individual
aids the speaker in positioning the
hand so that both are comfortable and
comprehension is optimal.
(2)
Tactile interpreting services consists of
hand-over-hand sign language using any
preferred sign system. The individual who
is deaf-blind places the individual’s hands
over the speaker’s hand or hands. The
speaker uses the same handshapes and
96
§17-401.1-25
placement as in visual signing, which are
read tactually by the individual who is
deaf-blind.
(b) The division shall obtain interpreter or
tactile interpreting services from qualified
interpreters. The most skilled interpreter available
shall be used based on American sign language/English
oral interpreter certification standards.
(c) Interpreter or tactile interpreting services
are subject to the use of comparable services and
benefits provisions of section 17-401.1-13, but are
exempt from the use of personal resources (financial
needs test) provisions of section 17-401.1-14. [Eff
AUG 13 2007] (Auth: HRS §§347-4, 348-3, 348-6; 29
U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS
§§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R.
§361.50)
§17-401.1-25 Reader, rehabilitation teaching,
and orientation and mobility services. (a) Reader,
rehabilitation teaching, and orientation and mobility
services shall be included as VR services in an
assessment for determining eligibility for VR services
of applicants who are blind, or in an IPE when
necessary for the vocational rehabilitation of
eligible individuals who are blind.
(1)
“Reader services” means any person’s oral
reading to an individual who is blind, of
ink print material which is not available
through any of the accepted special non-
visual methods of reading used by
individuals who are blind (braille, talking
book, tape recording). Reader services may
also be the oral reading of material which
are available in those forms, when an
individual who is blind or visually impaired
has not yet acquired sufficient skill in
using them to meet an immediate need in the
rehabilitation process which, if unfulfilled
at the stage of rehabilitation, would impede
the person’s rehabilitation process, or the
97
§17-401.1-25
person’s attainment of or continuation in
employment.
(2)
“Rehabilitation teaching services” include
the teaching of techniques fundamental to
developing personal independence by
mastering common skills of daily living
without eyesight or with impaired eyesight.
They encompass specific and identifiable
teaching methods to assist individuals who
are blind and visually impaired in personal
independence.
(3)
“Orientation and mobility services” refers
to the teaching of methods of independent
travel without sight or with partial sight.
“Mobility” in this context is the act of
moving, while “orientation” is awareness of
pertinent factors in the environment which
enable the person with partial or total
impairment of sight to react, move, and
travel in a safe, appropriate and purposeful
manner.
(b)
Reader, rehabilitation teaching and
orientation and mobility services shall be provided by
trained personnel, as necessary to assist individuals
who are blind and visually impaired in developing use
of their remaining senses, especially hearing and
touch, and an awareness of obstacles to be overcome,
including the initial effect blindness can have on the
individual’s morale. In each instance, the purpose
for the services shall be explained to the applicant
or eligible individual who is blind. Such services
shall be provided consistent with the needs of the
individual and, as appropriate with the individual’s
informed choice in accordance with section 17-401.1-
12.
(1)
Reader services shall be provided in
accordance with the following:
(A)
When substantial amounts of reading are
necessary for individuals who are blind
during the assessment to determine
eligibility and priority for services,
98
§17-401.1-25
or when entering employment, both for
an individual working for an employer
or an individual who is self-employed,
especially in the beginning of
employment.
(B)
Payment for reader services for an
individual who is employed and before
case closure is limited to an initial
period of four months and shall not
exceed one year.
(2)
Rehabilitation teaching services may include
the following:
(A)
Instruction in skills related to
personal management including but not
limited to grooming, table etiquette,
and personal hygiene.
(B)
Instruction in communication skills,
including braille, tape recording,
typing, and manual writing.
(C)
Instruction in home management
including childcare and supervision,
techniques of home maintenance,
budgeting, cooking, cleaning, and
dietary and menu planning.
(D)
Limited instruction in travel
techniques.
(E)
Participation in group activities in
the community with sighted as well as
blind and visually impaired persons.
(3)
Orientation and mobility services shall be
provided to enable an individual who is
blind or visually impaired to move about at
an optimum level of independence in
immediate personal surroundings and ranges
as far as required by the individual’s
activities and interests. Services may
include but are not limited to:
(A)
Sensory development;
(B)
Use of a sighted guide;
(C)
Use of hands, arms, and other body
movements in a protective way;
99
§17-401.1-25
(D)
Grip and use of a cane;
(E)
Principles of indoor and outdoor
orientation to the environment,
including how to obtain and use
reference data through the remaining
senses;
(F)
Use of common modes of transportation;
(G)
Travel in residential and business
areas;
(H)
Travel with electronic mobility aids;
(I)
Travel with guide dog; and
(J)
Travel with low vision aids.
(c) Reader, rehabilitation teaching, and
orientation and mobility services are subject to the
use of comparable services and benefits provisions of
section 17-401.1-13, but are exempt from the use of
personal resources (financial needs test) provisions
of section 17-401.1-14. [Eff AUG 13 2007
] (Auth:
HRS §§347-4, 348-3, 348-6: 29 U.S.C. §§709, 723; 34
C.F.R. §361.50) (Imp: HRS §§347-4, 348-3, 348-6; 29
U.S.C. §§709, 723; 34 C.F.R. §361.50)
§17-401.1-26 Occupational licenses, tools,
equipment, and initial stocks and supplies. (a) The
division may provide an applicant in a trial work
experience or extended evaluation, or an individual
determined eligible for VR services with an
occupational license, tools, equipment, initial
stocks, and supplies for employment or self-
employment, consistent with the individual’s needs
and, as appropriate, the individual’s informed choice
in accordance with section 17-401.1-12, when necessary
to determine the applicant’s eligibility for VR
services or when necessary for the eligible individual
to achieve an employment outcome.
(1)
“Occupational licenses” are any license,
permit or other written authority required
by a state, city, or other government unit
to be obtained in order to enter an
occupation or a small business such as a
100
§17-401.1-26
chauffeur license, food service license,
realtor license, or business license.
(2)
“Tools” shall be limited to those types
needed or required by the VR applicant or
eligible individual during training or for
entry into employment and customarily
required for the job and normally possessed
by workers in the same or similar trade or
profession. Special tools may be provided
in cases where they are required by the
individual to perform normal tasks because
of the individual’s disability or functional
limitations.
(3)
“Equipment” refers to pieces of occupational
fixtures normally found in places of
business for use in carrying out the
requirements of the particular business and
which are needed to provide for an efficient
operation.
(A)
Generally, equipment includes
apparatus, machinery, and appliances
that are usually of a stationary nature
during the time of use.
(B)
Equipment which have no connection with
the actual functions of a business,
trade, or profession but are required
because of the nature of the
individual’s disability may be
provided.
(C)
“Shelter” to house a self-employment
business venture is included as
equipment if customarily furnished by
an operator of a like undertaking,
occupying premises under a short-term
lease. Shelters which are normally
portable, easily dismantled, moved, and
reassembled with a minimum loss of
value, are differentiated from
buildings, which are excluded as
rehabilitation service to individuals
based on permanency of structure.
101
§17-401.1-26
(D)
Automobiles, trucks, vans and other
like vehicles shall not be considered
as equipment.
(4)
“Initial stocks and supplies” may be
provided only to individuals entering self-
employment.
(A)
“Initial stock” includes the initial
inventory of merchandise or goods
necessary for direct resale or for
further preparation for direct resale
either on a wholesale or retail basis.
(i) The amount of such goods to be
provided as an initial stock shall
be determined by the amount
considered necessary to enable the
individual to initially open
business. When a turnover of the
primary operation stock occurs,
the individual should have
adequate income to replenish the
depleted stock for the first time
in addition to having the
necessary income to meet daily
living needs.
(ii) The initial purchase of livestock
necessary for the establishment of
a base stock of animals or the
purchase of initial supplies of
seed, fertilizer, fuel, and other
supplies for a farming or
agricultural self-employment
venture may be provided as a
rehabilitation service.
(B) “Supplies” are expendable items
necessary to enable the individual to
carry out the day-to-day operations of
the self-employment business and are
consumed on the premises such as:
(i) Stationery, pencils, pens, stamps,
and other office supplies for a
business office;
102
§17-401.1-27
(ii) Soap, shampoo, hair tonic, and
other barber supplies for a barber
shop; and
(iii) Wrapping paper, string,
stationery, and other supplies for
a retail store.
(b)
Occupational licenses, tools, equipment, and
initial stocks and supplies are subject to the use of
comparable services and benefits provisions of section
17-401.1-13 and the use of personal resources
(financial needs test) provisions of section 17-401.1-
14.
(c)
The division shall retain title to all
tools, equipment, shelters, initial stock and
supplies, including livestock provided to an applicant
or eligible individual, until the individual with a
disability is vocationally rehabilitated and on
condition that tools, equipment, shelters, and initial
supplies, including livestock, are still needed or
required for continued employment. An inventory of
items provided shall be maintained in the division’s
record of services for the individual.
(d)
Disposition of items on inventory shall be
clearly indicated in the division’s record of services
for the individual, including justification for action
taken, and other details to account for its
whereabouts and other status of possession. [Eff
AUG 13 2007
] (Auth: HRS §§347-4, 348-3, 348-6; 29
U.S.C. §§709, 723; 34 C.F.R. 361.50) (Imp: HRS §§347-
4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R.
§361.50)