Vehicle Modification

PURPOSE: This rule establishes the standards for vehicle modifica tion services provided by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education for individuals with disabilities pur suant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.5(c)(45) and 34 CFR section 361.48(b)(2)(17). 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) Vehicle modification as defined in the federal act and/or applicable regulations may be provided to eligible individuals who meet the financial need guidelines. (2) Eligible individuals may be required to participate in a driver’s evaluation provided by a qualified independent organization or individual, to determine the need for vehicle modification and/or adaptive equipment. The driver’s evaluation should reflect the minimum modification required for safe operation of the vehicle. (3) Vocational Rehabilitation (VR) only authorizes vehicle modification(s) to enable the eligible individual to enter and exit the vehicle, ride in it, and operate it if necessary. Optional equipment, or modifications and accessories not required as indicated by a driver’s evaluation, will not be purchased by VR. (4) The eligible individual or immediate family member/ guardian of the eligible individual must own the vehicle, capable of passing state inspection, prior to any vehicle modification. VR will not purchase an automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state. (5) The eligible individual must have a valid driver’s license or permit. If the disability and resulting functional limitations have occurred since the driver’s license or permit was issued, the eligible individual should complete appropriate driver training. VR may assist in providing driver’s education training. (6) The eligible individual is responsible for the following: (A) Maintenance on the vehicle and adaptive equipment; (B) Payment of the costs of the vehicle (including loan payments); and (C) Appropriate insurance coverage for the vehicle and modifications and all required city and state licenses. (7) 34 CFR section 361.5(c)(45) and 34 CFR section 361.48(b)(2) (17) are hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol St. NW, Washington, DC 20401-0001, August 2023. 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-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 90-5.460. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-500.270, effective Aug. 16, 2011. Amended: Filed Aug. 29, 2023, effective March 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.