Definitions

PURPOSE: This rule establishes definitions through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education for the standards and procedures to provide vocational rehabilitation (VR) services for applicants and eligible individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.5. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Dependent. An individual not meeting any of the criteria as an independent individual for financial needs purposes. When the individual is a dependent, the vocational rehabilitation financial application must be completed by the parent(s)/ guardian to determine the individual’s eligibility for services based on financial need. (2) Disability-related expenses. Medication, therapy, medical treatment, prosthetic appliances, repairs to equipment, etc., which directly relates to an individual or family member with a disability and is not covered by insurance, Medicare, Medicaid, or other third-party payee. (3) Extreme medical risk. The probability of substantially increasing functional impairment or death if medical services including mental health services are not provided expeditiously as recommended by an appropriate licensed medical professional. (4) Immediate risk. An eligible individual at immediate risk of losing employment requiring specific services or equipment to maintain employment is not subject to the order of selection for only those specific services or equipment necessary to maintain employment. (5) Independent individual for financial needs purposes. Any individual who meets any one (1) of the following criteria: (A) Is twenty-three (23) years old; (B) A veteran of the U.S. Armed Forces; (C) An orphan or a ward of the court; (D) Has legal dependents other than a spouse; (E) Is married and not claimed as a dependent during the current tax year; (F) Is unmarried and not claimed as a dependent during the past two (2) years; or (G) Has been determined independent by another federal or state agency. (6) Student with a disability. An individual with a disability who— (A) Is in a secondary, postsecondary, or other recognized education program; (B) Is not younger than age fourteen (14) and is not older than twenty-one (21); and (C) Is eligible for and receiving special education or related services under an individualized education program or is a student with a disability for purposes of Section 504. (7) 34 CFR section 361.5 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in January 2024. Copies of this regulation can also be obtained from the Department of Elementary and Second ary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/ dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 161.092, 178.600, 178.610, and 178.620, RSMo 2016.* This rule previously filed as 5 CSR 90-4.100. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.120, effective Aug. 16, 2011. Amended: Filed Sept. 27, 2013, effective May 30, 2014. Amended: Filed Jan. 18, 2024, effective Aug. 30, 2024. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.