Order of Selection for Services

PURPOSE: This rule establishes the order of selection for vocational rehabilitation (VR) services if Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education, cannot provide services to all eligible individuals with disabilities in the state of Missouri pursuant to the Rehabilitation Act of 1973 as amended, 34 CFR section 361.5(c)(5)(i)(A)(2), and 34 CFR section 361.36. 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) The following definitions apply to this rule: (A) Individual with the most significant disability. An individual with a significant disability who is seriously limited in three (3) or more of the following functional areas: 1. Self-care; 2. Communication; 3. Mobility; 4. Self-direction; 5. Work tolerance; 6. Work skills; and/or 7. Interpersonal skills; (B) Individual with a significant disability. An individual with a disability— 1. Who has a severe physical or mental impairment that seriously limits one (1) or two (2) functional capacities in terms of an employment outcome such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and/or work skills; 2. Who can be expected to require multiple VR services over an extended period of time; and 3. Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, developmental disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke or epilepsy), spinal cord conditions (including paraplegia or quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, another disability, or combination of disabilities AND SECONDARY EDUCATION determined on the basis of an assessment for determining eligibility and VR needs to cause comparable substantial functional limitation; or (C) All other eligible individuals with a disability. (2) In the event VR services cannot be provided to all eligible individuals with disabilities in the state of Missouri, VR will implement a statewide order of selection. In accordance with the following priority categories, individuals with the most significant disabilities will be selected first for the provision of VR services. Services shall be provided based upon the eligible individual’s placement in one (1) of the following category priorities: (A) Priority Category I—An individual with the most signifi cant disability as defined above; (B) Priority Category II—An individual with a significant disability as defined above; or (C) Priority Category III—All other eligible individuals with a disability. (3) An eligible individual will be placed in the appropriate priority category and receive written notification of the assigned priority category. The eligible individual’s date of application will be used to determine the order of services within a priority category. (4) An eligible individual will be notified of their right to appeal their category assignment. (5) All funding arrangements for providing services, including any third-party arrangements and awards by VR shall be consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, VR shall renegotiate these funding arrangements so that they are consistent with the order of selection. (6) Eligible individuals who are in a priority category that is not open shall be provided accurate VR information and guidance (including counseling and referral for job placement) using appropriate modes of communication to assist them in preparing for, securing, retaining, advancing in, or regaining employment. These individuals will also be referred to other appropriate federal and state programs, including the statewide workforce development system. (7) Individuals being referred to appropriate programs, as men tioned above, shall be provided the following: (A) A notice of the referral to the agency carrying out the program; (B) Information identifying a specific point of contact within the agency to which the individual is being referred; and (C) Information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain, advance in, or regain employment. (8) Eligible individuals who are at immediate risk of losing employment and require specific services or equipment to maintain employment are not subject to the order of selection for only those specific services or equipment necessary to maintain employment. (A) Eligible individuals remain in the order of selection for the purpose of receiving any other VR services not related to an immediate risk of losing employment. (9) An eligible individual’s placement in a priority category may be changed under justifiable circumstances. (10) Rationale for placement will appear in the individual’s case file. (11) The order of selection shall in no way affect the provision or authorization of an assessment or diagnostic evaluation/ service needed to determine eligibility. (12) Services authorized or provided to any eligible individual shall not be disrupted as a result of an order of selection or the closing of a priority category. (13) The order of selection shall in no way affect eligible individual’s access to services provided through VR’s information and referral system. (14) The order of selection shall in no way affect the provision of pre-employment transition services to students with disabilities who were receiving such services prior to being determined eligible for VR and were placed in a closed category. (15) 34 CFR section 361.5(c)(5)(i)(A)(2) and 34 CFR section 361.36 are 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 these regulations can also be obtained from the Department of Elementary and Secondary 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-administrativerules/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 90-4.300. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Moved to 5 CSR 20-500.160, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 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.