R 395.89 Ability to serve all eligible individuals; order of selection for services.

Rule 39. (1) MRS shall have the ability to provide the full range of services listed in 34 CFR 361.48, as appropriate, to all eligible individuals or, in the event that vocational rehabilitation services cannot be provided to all eligible individuals in this state who apply for the services, include in the vocational rehabilitation services portion of the unified or combined state plan the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services. (2) The ability of MRS to provide the full range of vocational rehabilitation services to all eligible individuals must be supported by a determination that satisfies the requirements of subrules (1) to (3) of this rule and a determination that, on the basis of MRS's projected fiscal and personnel resources and its assessment of the rehabilitation needs of individuals with significant disabilities within this state, MRS can complete all of the following: (a) Continue to provide services to all individuals currently receiving services. (b) Provide assessment services to all individuals expected to apply for services in the next fiscal year. (c) Provide services to all individuals who are expected to be determined eligible in the next fiscal year; and (d) Meet all program requirements. (3) If MRS is unable to provide the full range of vocational rehabilitation services to all eligible individuals in this state who apply for the services, the vocational rehabilitation services portion of the unified or combined state plan must address all of the following: (a) Show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services. (b) Provide a justification for the order of selection. (c) Identify service and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order, as required under 34 CFR 361.29(c)(5). (d) Ensure both of the following: (i) In accordance with criteria established by the MRS for the order of selection, individuals with the most significant disabilities are selected first for the provision of vocational rehabilitation services. (ii) Individuals who do not meet the order of selection criteria have access to services provided through the information and referral system established under 34 CFR 361.37. (e) State whether MRS elects to serve, in its discretion, eligible individuals, whether or not the individuals are receiving vocational rehabilitation services under the order of selection, who require specific services or equipment to maintain employment, notwithstanding the assurance provided pursuant to subdivision (d)(i) of this subrule. (4) For MRS to determine, for the current fiscal year and the preceding fiscal year, that it is able to provide the full range of services, as appropriate, to all eligible individuals, MRS, during the current fiscal and preceding fiscal year, shall have completed all of the following: (a) Provided assessment services to all applicants and the full range of services, as appropriate, to all eligible individuals. (b) Made referral forms widely available throughout this state. (c) Conducted outreach efforts to identify and serve individuals with disabilities who have been unserved or underserved by the vocational rehabilitation system. (d) Not delayed, through waiting lists or other means, determinations of eligibility, the development of individualized plans for employment for individuals determined eligible for vocational rehabilitation services, or the provision of services for eligible individuals for whom individualized plans for employment have been developed. (5) For MRS to determine that it is unable to provide the full range of services to all eligible individuals during the current or preceding fiscal year or when MRS has not met the requirements in subrule (4)(a) of this rule, the determination that MRS is able to provide the full range of vocational rehabilitation services to all eligible individuals in the next fiscal year must be based on all of the following: (a) A demonstration that circumstances have changed that will allow MRS to meet the requirements of subrule (3) of this rule in the next fiscal year, including all of the following: (i) An estimate of the number of and projected costs of serving, in the next fiscal year, individuals with existing individualized plans for employment. (ii) The projected number of individuals with disabilities who will apply for services and be determined eligible in the next fiscal year and the projected costs of serving those individuals. (iii) The projected costs of administering the program in the next fiscal year, including, but not limited to, costs of staff salaries and benefits, outreach activities, and required statewide studies. (iv) The projected revenues and projected number of qualified personnel for the program in the next fiscal year. (b) Comparable data, as relevant, for the current or preceding fiscal year, or for both years, of costs and an explanation of any projected increases or decreases in these costs and resources. (c) A determination that the projected revenues and the projected number of qualified personnel for the program in the next fiscal year are adequate to cover costs to ensure the provision of the full range of services, as appropriate, to all eligible individuals. (6) MRS shall determine, before the beginning of each fiscal year, whether to establish and implement an order of selection and adhere to the following requirements: (a) If MRS determines that it does not need to establish an order of selection, it must reevaluate this determination whenever circumstances change during the course of a fiscal year, such as a decrease in its fiscal or personnel resources or an increase in its program costs, and indicate that it may no longer be able to provide the full range of services, as appropriate, to all eligible individuals. (b) If MRS establishes an order of selection, but determines that it does not need to implement that order at the beginning of the fiscal year, it shall continue to meet the requirements of subrule (3) of this rule, or it must implement the order of selection by closing 1 or more priority categories. (7) An order of selection must be based on a refinement of the 3 criteria in the definition of an individual with a significant disability in 34 CFR 361.5(c)(30). (8) Other factors, that are not based on a refinement of the 3 criteria in the definition of an individual with a significant disability in 34 CFR 361.5(c)(30), cannot be used in determining order of selection of eligible individuals, including any of the following: (a) Any duration of residency requirement, provided the individual is present in this state. (b) Type of disability. (c) Age, sex, race, color, or national origin. (d) Source of referral. (e) Type of expected employment outcome. (f) The need for specific services, except those services provided in accordance with 34 CFR 361.36(a)(3)(v), or anticipated cost of services required by an individual. (g) The income level of an individual or an individual's family. (9) In administering the order of selection, MRS must abide by the following: (a) Implement the order of selection on a statewide basis. (b) Notify all eligible individuals of the priority categories in MRS’s order of selection, their assignment to a particular category, and their right to appeal their category assignment. (c) Continue to provide services to any recipient who has begun to receive services, irrespective of the severity of the individual's disability, as follows: (i) MRS shall continue to provide pre-employment transition services to students with disabilities who were receiving the services before being determined eligible for vocational rehabilitation services. (ii) MRS shall continue to provide an eligible individual all needed services listed on the individualized plan for employment if the individual had begun receiving the services before the effective date of the MRS’s order of selection. (d) Ensure that its funding arrangements for providing services under the vocational rehabilitation services portion of the unified or combined state plan, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, MRS shall renegotiate these funding arrangements so that they are consistent with the order of selection. (10) MRS shall consult with the Michigan Council on Rehabilitation Services regarding all of the following: (a) Need to establish an order of selection. (b) Priority categories of the particular order of selection. (c) Criteria for determining individuals with the most significant disabilities. (d) Administration of the order of selection.