TITLE XV
EDUCATION

Chapter 200-C
VOCATIONAL REHABILITATION PROGRAMS

Section 200-C:1

    200-C:1 Federal Vocational Rehabilitation Program. – The commissioner of education, or if the commissioner of education delegates the authority in writing, the administrator of the bureau of vocational rehabilitation of the department of education, is authorized to make application to and receive funds from, to cooperate with, and to enter into any agreements with the federal government or any agency of the federal government to secure the participation of the United States government through the allotment of federal funds in the vocational rehabilitation program of this state. The bureau of vocational rehabilitation shall comply with the requirements of the applicable federal laws including the determination of eligibility for the determination of the nature and scope of, and the provision of, vocational rehabilitation services under the state plan.

Source. 1967, 417:1. 1986, 41:24. 1994, 379:15, eff. June 9, 1994.

Section 200-C:2

    200-C:2 Cooperative Working Agreements. – The commissioner or his delegate is authorized to make agreements between the bureau of vocational rehabilitation of the state department of education and any other agency of the state or subdivisions of the state or agency of such a subdivision, to assist in the vocational rehabilitation of persons disabled because of a physical, mental, or social disability.

Source. 1967, 417:1. 1990, 140:2, X. 1994, 379:21, eff. June 9, 1994.

Section 200-C:3

    200-C:3 State Matching Funds. – The federal funds anticipated under this chapter are to match state funds on the basis of a state matching share not less than the percentage established by federal law of the total expenditure of funds provided for by the federal legislation and the approved state plan of the bureau of vocational rehabilitation. The funds made available to the bureau of vocational rehabilitation by any state agency or subdivision of the state or agency thereof in the form of use of personnel or facilities or in other ways, may be construed as state matching funds if federal laws or the regulations of the federal agency authorized such a construction.

Source. 1967, 417:1. 1969, 355:1. 1988, 192:1. 1994, 379:21, eff. June 9, 1994.

Section 200-C:4

    200-C:4 Expansion of Programs. – It is the intent of the general court that the vocational rehabilitation program of cooperative agreements may be expanded as additional federal funds become available. In furtherance of this intent, the commissioner of education or his delegate may expand any agreements or enter into new agreements with any other departments or agencies of the state, subdivisions of the state, or agencies of either, under this chapter, and may expand any agreements or enter into new agreements with any federal agency charged with the distribution of funds for the vocational rehabilitation program, as federal funds become available for the program.

Source. 1967, 417:1. 1969, 355:2, eff. Aug. 30, 1969.

Section 200-C:5

    200-C:5 Additional Personnel. – If additional federal funds become available and the additional state matching funds as they are construed under this chapter become available, and if the federal agency approves of a new program under this chapter, and on the request of the commissioner of education or his authorized delegate, the governor and council may approve additional positions beyond those authorized by RSA 200-C and 1967, 417:2 as amended for personnel to operate the programs and to fulfill the cooperative working agreements entered into by the division.

Source. 1967, 417:1. 1969, 355:3, eff. Aug. 30, 1969.

Section 200-C:6

    200-C:6 Repealed by 1994, 379:24, VII, eff. June 9, 1994. –

Section 200-C:6-a

    200-C:6-a Recovery of Costs; Right of Action. –
I. Whenever any person who has received services provided under this chapter shall receive a settlement or an award from a liable third person or party, including workers' compensation and social security disability benefits, and such settlement or award is related to the disability under which the person became eligible for such services, the person shall repay the cost of such services to the extent that the amount of the settlement or award makes repayment possible. No attorneys' fees shall be deducted from the amount due the state from such award or settlement.
II. Amounts repaid under paragraph I shall be payable to the bureau of vocational rehabilitation of the department of education and shall be administered as follows:
(a) If the settlement or award occurs within the same fiscal year as the receipt of any portion of services furnished, the recovered amount proportionate to the cost of services provided for such fiscal year shall be credited to the division; and
(b) If the settlement or award occurs after the fiscal year in which receipt of any portion of services furnished takes place, that part of the cost of services recovered pursuant to this section which was federally funded shall be returned to the federal government in an amount proportionate to the cost of services provided for such previous fiscal year, while the remaining state-funded part of such cost shall remain with the division.
III. The state shall have a right of action over amounts due pursuant to paragraph I.

Source. 1990, 131:2. 1994, 379:21, eff. June 9, 1994.

Telecommunications Equipment Program

Section 200-C:7

    200-C:7 Repealed by 2021, 210:2, Pt. I, Sec. 1, I, eff. Oct. 9, 2021. –

Section 200-C:8

    200-C:8 Rulemaking Authority. – The board of education shall adopt rules, under RSA 541-A, relative to the provision of vocational rehabilitation services.

Source. 1985, 322:1. 1994, 379:23, eff. June 9, 1994. 2021, 210:2, Pt. I, Sec. 2, eff. Oct. 9, 2021.

Workers' Personal Care Assistance Program

Section 200-C:9

    200-C:9 Repealed by 2021, 210:2, Pt. I, Sec. 1, II, eff. Oct. 9, 2021. –

Section 200-C:10

    200-C:10 Repealed by 2021, 210:2, Pt. I, Sec. 1, III, eff. Oct. 9, 2021. –

Section 200-C:11

    200-C:11 Repealed by 2021, 210:2, Pt. I, Sec. 1, IV, eff. Oct. 9, 2021. –

Section 200-C:12

    200-C:12 Repealed by 2021, 210:2, Pt. I, Sec. 1, V, eff. Oct. 9, 2021. –

Section 200-C:13

    200-C:13 Repealed by 2021, 210:2, Pt. I, Sec. 1, VI, eff. Oct. 9, 2021. –

Section 200-C:14

    200-C:14 Repealed by 2010, 368:1(19), eff. Dec. 31, 2010. –

Section 200-C:15

    200-C:15 Repealed by 2021, 210:2, Pt. I, Sec. 1, VII, eff. Oct. 9, 2021. –

Equipment Depository

Section 200-C:16

    200-C:16 Equipment Depository. – There is hereby established an equipment depository within the bureau of vocational rehabilitation to purchase adaptive equipment to enable disabled persons to become gainfully employed by the state and any subdivision thereof. The bureau shall determine the equipment to be purchased, subject to the approval of governor and council. The purchases shall be limited to equipment which provides reasonable, and not extraordinary, accommodations to the needs of the disabled, such as telephone adapters, adjustable desks, and other like equipment. The bureau shall have authority to reissue equipment returned to the depository and to dispose of any equipment that is no longer useful.

Source. 1986, 171:3. 1990, 140:2, X. 1994, 379:21. 2003, 174:13, eff. July 1, 2003.

Section 200-C:17

    200-C:17 Repealed by 2002, 254:5, VIII, eff. July 1, 2002. –

Program for the Deaf and Hard of Hearing

Section 200-C:18

    200-C:18 Program for the Deaf and Hard of Hearing. – There is established a program for the deaf and hard of hearing within the bureau of vocational rehabilitation which shall be administered by a coordinator designated by the administrator, bureau of vocational rehabilitation.

Source. 1989, 51:1. 1994, 379:21, eff. June 9, 1994.

Section 200-C:19

    200-C:19 Functions. –
The program established under this chapter shall:
I. Provide leadership and direction in the area of serving persons with hearing impairment.
II. Review, update and implement the state plan for the deaf and hard of hearing and ensure it is an integral part of the operation of the department of education.
III. [Repealed.]
IV. Provide administrative support upon request of the board of licensure of interpreters for the deaf, deafblind, and hard of hearing established in RSA 326-I. Such support may include the operation of a state screening for New Hampshire interpreters.
V. Collect data on the needs of the deaf or hard of hearing community and investigate resources to meet those needs.
VI. Provide technical assistance to state and private agencies requesting such assistance in order to ensure accessibility for the deaf or hard of hearing.
VII. Assist in development of legislation affecting deaf or hard of hearing people in the state as approved by the state board of education.
VIII. Work with the New Hampshire registry of interpreters for the deaf, the New Hampshire Association of the Deaf, Self-Help for the Hard of Hearing, and any other consumer group interested in hearing loss, as needed, to ensure quality of services for the deaf or hard of hearing.
IX. Serve as an information and referral source for the state on the subject of hearing impairment.

Source. 1989, 51:1. 2001, 232:2, eff. July 1, 2001. 2018, 275:3, eff. Aug. 17, 2018. 2021, 86:2, eff. Jan. 1, 2022; 210:1, VIII, pt. I, eff. Oct. 9, 2021.

Section 200-C:20

    200-C:20 Rulemaking Authority. – The board of education, shall adopt rules, pursuant to RSA 541-A, to implement the program for the deaf and hard of hearing.

Source. 1989, 51:1. 1994, 379:23, eff. June 9, 1994.

Section 200-C:20-a

    200-C:20-a National Level and State Level Examination Fee; Revolving Fund Established. –
I. Interpreters seeking to be licensed under RSA 326-I who are required to be examined by the department of education shall be charged a fee for the national level or state level examination by the department of education, as appropriate. The state board of education shall establish, pursuant to RSA 541-A, a fee schedule for such purpose. The administrator, bureau of vocational rehabilitation, shall assess and collect such fees.
II. The administrator, bureau of vocational rehabilitation, shall establish a revolving fund into which shall be deposited fees collected under paragraph I. The revolving fund shall be nonlapsing. The commissioner of education, with approval of the governor and council, is authorized to use moneys from the revolving fund for the purposes of funding the program as provided in this subdivision.

Source. 1990, 131:3. 1994, 379:21. 2001, 232:3, eff. July 1, 2001.

Supported Employment Program

Section 200-C:21

    200-C:21 Supported Employment Program. – There is established a supported employment program within the bureau of vocational rehabilitation which shall train eligible persons with disabilities in their employment situations by providing appropriate support services.

Source. 1989, 145:1. 1990, 140:2, IV. 1994, 379:21, eff. June 9, 1994.

Section 200-C:22

    200-C:22 Services. –
Services provided by the supported employment program shall include, but not be limited to, the following:
I. Providing vocational rehabilitation programs administered by the bureau of vocational rehabilitation.
II. Providing ongoing job support services, either at the job site or in another location, which are directly related to maintaining employment.

Source. 1989, 145:1. 1994, 379:21, eff. June 9, 1994.

Section 200-C:23

    200-C:23 Rulemaking. – The board of education, shall adopt rules, pursuant to RSA 541-A, to implement the supported employment program.

Source. 1989, 145:1. 1994, 379:23, eff. June 9, 1994.

Independent Living Program

Section 200-C:24

    200-C:24 Independent Living Program. – There is established an independent living program within the bureau of vocational rehabilitation which is intended to assist eligible persons with disabilities in increasing their independence.

Source. 1989, 145:1. 1990, 140:2, IV. 1994, 379:21, eff. June 9, 1994.

Section 200-C:25

    200-C:25 Services. –
Services provided by the independent living program shall include, but not be limited to, the following:
I. Providing vocational rehabilitation programs administered by the bureau of vocational rehabilitation.
II. Establishing, improving, or maintaining independent living centers.
III. Providing services to the elderly blind for the purpose of increasing independence.

Source. 1989, 145:1. 1994, 379:21, eff. June 9, 1994.

Section 200-C:26

    200-C:26 Rulemaking. – The board of education shall adopt rules, pursuant to RSA 541-A, to implement the independent living program.

Source. 1989, 145:1. 1994, 379:23, eff. June 9, 1994.