Appeals

PURPOSE: This rule establishes the procedures for appeal by an applicant or eligible individual dissatisfied with a determination made regarding the provision of services by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.57. 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) An applicant or eligible individual will be informed of their right to a due process hearing and/or mediation— (A) Upon application for vocational rehabilitation (VR) services; (B) If they are determined ineligible for services; (C) Assigned to a category in the order of selection; (D) When the Individualized Plan for Employment (IPE) is developed or executed; or (E) If there is a reduction, suspension, or cessation of VR services. (2) If an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual may request an informal review, a due process hearing, or mediation. (3) When an applicant or eligible individual is dissatisfied with any determination made by VR regarding the provision of services, the applicant or eligible individual will be informed in writing about the client assistance program. (4) VR will not suspend, reduce, or terminate services provided to an eligible client under an existing IPE pending a decision from an informal review, a due process hearing, or a written mediation agreement, unless the eligible individual or the individual’s representative requests in writing that services be suspended, reduced, or terminated. (5) 34 CFR section 361.57 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 June 2024. Copies of this regulation 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-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 90-4.400. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.170, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *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.