Order of Selection

Order of selection refers to the process of selecting eligible individuals with disabilities who can be provided vocational rehabilitation services when the Commission has determined that resources are inadequate to provide services to all eligible individuals. (1) All eligible individuals will be assigned to: (a) Priority Category I if they have been determined to be individuals with most significant disabilities, or (b) Priority Category II if they have been determined to be individuals with significant disabilities; or (c) Priority Category III if they have been determined to be individual with disabilities. (2) An individual will be considered to be: (a) An individual with a disability when he or she has a physical or mental impairment which constitutes or results in a substantial impediment to employment and can benefit in terms of an employment outcome from vocational rehabilitation services. (b) An individual with a significant disability when he or she has a significant physical or mental impairment which seriously limits at least one functional capacity (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cognitive dysfunction, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders, (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability or end-stage renal disease that causes comparable substantial functional limitation. An individual who has been recently determined to have a disability by the Social Security Administration under Title II [SSDI] or Title XVI [SSI] of the Social Security Act is considered to have a physical or mental impairment which constitutes or results in a significant physical or mental impairment which seriously limits one or more functional capacities in terms of an employment outcome. (c) An individual with a most significant disability has a significant physical or mental impairment which seriously limits three 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 and whose vocational rehabilitation can be expected to require: 1. Vocational rehabilitation services over an extended period of time of no less than six months; and 2. Two or more separate and distinct vocational services within the following categories: a. Interpreter or CART services provided by qualified personnel for individuals who are deaf or hard of hearing; b. Services within 107 CMR 4.08(2)(c)2.a. and/or 107 CMR 4.08(2)(c)b. through i. the family of an individual with a disability necessary to assist the individual to achieve an employment outcome; c. Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials; d. Diagnosis and treatment of physical and mental impairments; e. Occupational licenses, tools, equipment and initial stocks and supplies; f. Technical assistance and other consultation services to conduct market analyses; develop business plans and otherwise provide resources to pursue self-employment or telecommuting or establishing a small business operation as an employment outcome. g. Rehabilitation technology, including vehicle modification, telecommunications, sensory, and other technological aids and devices; h. Supported employment services; and i. Specific post-employment service in 107 CMR 4.08(2)(c)a. through j. necessary to assist an individual with a disability to, retain, regain, or advance in employment; j. Transportation inconnectionwiththe renderingof any vocational rehabilitation service and in accordance with the following definition: Transportationmeanstraveland related expenses that are necessary to enable an applicant or eligible individualto participate ina vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems; k. Rehabilitation teaching services, and orientation and mobility services; l. Job placement assistance of a specialized nature including job seeking skills, job club, purchased direct placement assistance and job retention services; m. Transition services in accordance with the following definition: 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, integrated employment( including 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 needs, taking into account the student’s preferences and interests, and must include instruction, community experiences, the development of employment and otherpost-schooladult 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; and n. Personal assistance services in accordance with the following definition: Personal assistance services means a range of services provided byone 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. (3) First priority in selection for service will be given to individuals with the most significant disabilities. Eligible individuals with the most significant disabilities will be first selected to be provided vocational rehabilitation services. (4) Second priority in selection for service will be given to individuals with significant disabilities. Eligible individuals with significant disabilities may be selected only after determination that funds are available to provide vocational rehabilitation services to all eligible individuals withthe most significant disabilities. (5) Last priority in selection for service will be given to other eligible individuals with disabilities. Eligible individuals with disabilities may be selected only after determination that funds are available to provide vocational rehabilitation services to alleligible individuals with most significant disabilities and all eligible individuals with significant disabilities. (6) Based upon a determination that funds are insufficient to provide vocational rehabilitation services to all individuals determined eligible for such services, the Commission may institute or amend a statewide waiting list of eligible individuals who have not been selected to receive vocational rehabilitation services. A statewide waiting list of eligible individuals who have not been selected to receive vocational rehabilitation services will bemaintained, and willlistindividuals by order of selection priority category assignment and the dated of the signed application for vocational rehabilitation services. (7) A decision that resources are inadequate to provide vocational rehabilitation services to all eligible individuals with disabilities will be reviewed by the Commission at least annually. The Commissioner will report the findings of such review to the Commission's State Rehabilitation Council. (8) Prior to instituting or amending order of selection or a related waiting list, the Commission will ensure that its actions comply with applicable state and federal statutory and regulatory requirements. (9) The Rehabilitation Services Administration of the U.S. Department of Education and theExecutive Office ofHealthand HumanServices of the Commonwealth will be advised of the impact of anorder of selection for serving eligible individuals and the impact of not providing vocational rehabilitation services to all eligible individuals. (10) The order of selection by priority category will not affect vocational rehabilitation services to eligible individuals with disabilities who have been selected to receive vocational rehabilitation services and for whom an individualized plan for employment has been developed, agreed to, and approved until such time as the individualized plan for employment is terminated for reasons other than achievement of the employment objective of the individual. (11) An eligible individual selected to receive vocational rehabilitationservices may receive vocational rehabilitation services necessary to render such individual employable consistent with an individualized plan for employment and subsequent amendments. (12) Eligible individuals with disabilities not selected to receive vocational rehabilitation services are limited to assessment for determining eligibility and vocational rehabilitation needs, referral and other services designed to assist individuals with disabilities in securing needed services from Federal, State, and local public agencies. (13) The order of selection does not apply to assessments necessary to make determination of eligibility, order of selection priority assignment, and vocational rehabilitation needs. Allapplicantsmay receive goods and services during such assessments, to the extent necessary to make determination of eligibility and determination of order of selection priority assignment. (14) Order of selection priority category assignment of eligible individuals with disabilities will be determined after certification of eligibility and will be based on the review of existing data to the maximum extent possible. A certification of order of selection assignment will include reasons for the priority category determination. (15) Order of selection of eligible individuals who have not been selected to receive vocational rehabilitation services may be amended if there has been a change in the nature and severity of a physical or mental impairment which results in a change in functional capacities, changes to expected requirement for multiple vocational rehabilitation services over an extended period of time or the priority category assignment was a consequence of a misclassification. (16) At the time of determination or change of order of selection assignment the individual (or, as appropriate a representative of the individual) will be notified in writing of the determination of order of selection assignment, the appeal rights available to the individual including the availability of services provided by the Client Assistance Program. (17) Order of selection priority category classification or reclassification may be appealed in writing within 30 days of notification of priority category classification or reclassification.