R 395.51 Definitions.

Rule 1. As used in these rules: (a) “Clear and convincing evidence” means that MRS concludes, with a high degree of certainty, that an individual is incapable of benefitting from services in terms of an employment outcome. The clear and convincing standard constitutes the highest standard used in civil law and is to be individually applied on a case-by-case basis. The term clear means unequivocal. 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. (b) “Client assistance program” or the “CAP” means the program under the rehabilitation act of 1973, 29 USC 732. The CAP provides assistance in informing and advising all applicants and individuals eligible for vocational rehabilitation services of all available benefits under the rehabilitation act of 1973, 29 USC 701 to 796l. On request of applicants or eligible individuals, the CAP assists and advocates for the applicants or eligible individuals in their relationships with projects, programs, and services provided under the rehabilitation act of 1973, 29 USC 701 to 796l, including assistance and advocacy in pursuing legal, administrative, or other appropriate remedies to ensure the protection of the rights of the individuals under the rehabilitation act of 1973, 29 USC 701 to 796l, and to facilitate access to the services funded under the rehabilitation act of 1973, 29 USC 701 to 796l, through individual and systemic advocacy. (c) “Comparable services and benefits” means services and benefits, not including awards and scholarships based on merit, 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 that are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual’s IPE and that are commensurate to the services the individual would otherwise receive from MRS. (d) “Competitive integrated employment” means work that complies with the following: (i) Is performed on a full-time or part-time basis, including self-employment, and for which an individual is compensated at a rate that includes all of the following: (A) Is not less than the higher of the rate specified in section 6(a)(1) of the fair labor standards act of 1938, 29 USC 206, or the rate required under the applicable state or local minimum wage law for the place of employment. (B) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills. (C) 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 on similar tasks and who have similar training, experience, and skills. (D) Is eligible for the level of benefits provided to other employees. (ii) Is at a location where the employee with a disability interacts for the purpose of performing the duties of the position with other individuals, for example, other employees, 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 individuals. (iii) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions. (e) “Cost of attendance” means the total amount it will cost a student to attend school in a year. (f) “Customized employment” means competitive integrated employment (CIE), for an individual with a significant disability or most significant disability, that meets all the following: (i) Is based on an individualized determination of the unique strengths, needs, and interests of the individual with a significant disability. (ii) Is designed to meet the specific abilities of the individual with a significant disability or most significant disability and the business needs of the employer. (iii) Is carried out through flexible strategies, such as job exploration by the individual, and working with an employer to facilitate placement, including all of the following: (A) Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs. (B) Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision, including performance evaluation and review, and determining a job location. (C) Using a professional representative chosen by the individual, or if elected self- representation, to work with an employer to facilitate placement. (D) Providing services and supports at the job location. (g) “Employment outcome” means, with respect to the individual, entering, advancing in, or retaining full-time, or, if appropriate, part-time competitive integrated employment, including customized employment, self-employment, telecommuting, or business ownership, or supported employment that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (h) “Individualized plan for employment” or “IPE” means an individualized plan for employment as described in R 395.67 to R 395.71. (i) “Michigan rehabilitation services” or “MRS” means the part of a network of vocational rehabilitation programs across the United States authorized by the rehabilitation act of 1973, 29 USC 701 to 796l. (j) “Part-time” means employment that is permanently assigned to an employee that is less than 30 hours of work per week. (k) “Post-employment services” means one or more vocational rehabilitation services 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.” (l) “Pre-employment transition services” or “Pre-ETS” means the required activities and authorized activities specified in 34 CFR 361.48(a)(2) and (3). (m) “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. (n) “Substantial impediment to employment” means that a physical or mental impairment hinders an individual from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the individual’s abilities and capabilities. (o) “Vocational rehabilitation services” or “VRS” means those services, if provided to an individual, listed in 34 CFR 361.48, and, if provided for the benefit of groups of individuals, those services listed in 34 CFR 361.49.