CHAPTER
Ed 1000 VOCATIONAL REHABILITATION
PROGRAMS
REVISION NOTE:
Document
#8030, eff 1-22-04, made extensive changes to the wording, format and structure
of Chapter Ed 1000. Document #8030 supersedes
all prior filings for the sections in this chapter except for Part Ed 1001,
which was renumbered as 1019 and Ed 1013, which was renumbered as Ed 1023. The prior filings for former Ed 1000 include
the following documents:
|
#2055, eff 6-16-82 |
#4851, eff 6-25-90; EXPIRED 6-25-96 |
|
#2714, eff 5-16-84 |
#6366, eff 10-30-96 |
PART
Ed 1001 PURPOSE
Ed 1001.01 Purpose. The purpose of the New Hampshire vocational
rehabilitation services program is to assess, plan, develop, and provide
vocational rehabilitation services for individuals with disabilities,
consistent with their strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, so that they can prepare for and
engage in gainful employment. The rules
for the
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART
Ed 1002 DEFINITIONS
Ed 1002.01 "Act" means the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 701 et seq.
Source. #8030, eff
1-22-04; ss by #10074, eff 1-19-12
Ed 1002.02 "Administrative costs under the state
plan" means "administrative costs under the state plan" as
defined in 34 CFR 361.5(b)(2).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.03)
Ed 1002.03 “Applicant” means an individual who submits
an application for vocational rehabilitation services in accordance with 34 CFR
§361.41 (b), (2)
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1002.04 "Appropriate modes of
communication" means "appropriate modes of communication" as
defined in 34 CFR 361.5(b)(5).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.05)
Ed 1002.05 "Assessment for determining eligibility
and vocational rehabilitation needs" means "assessment for
determining eligibility and vocational rehabilitation needs" as defined in
34 CFR 361.5(b)(6).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.06)
Ed 1002.06 "Assistive technology device" means
"assistive technology device" as defined in 34 CFR 361.5(b)(7).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.07)
Ed 1002.07 "Assistive technology service"
means "assistive technology service" as defined in 34 CFR
361.5(b)(8).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.08)
Ed 1002.08 "Community rehabilitation program"
means "community rehabilitation program" as defined in 34 CFR
361.5(b)(9).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.09)
Ed 1002.09 "Comparable services and benefits"
means "comparable services and benefits" as defined in 34 CFR
361.5(b)(10).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.10)
Ed 1002.10 "Competitive employment" means
"competitive employment" as defined in 34 CFR 361.5(b)(11).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.11)
Ed 1002.11 “Designated state agency” means the New
Hampshire department of education, which is the state agency responsible for
administering the state plan for vocational rehabilitation services in
accordance with 34 CFR 361.13(a).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1002.12 “Designated state unit” means the division of
career technology and adult learning in the New Hampshire department of
education pursuant to 34 CFR 361.5(b)(14).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1002.13 "Eligible individual" means an
applicant for vocational rehabilitation services who meets the eligibility
requirements of 34CFR361.5(b)(15).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.14)
Ed 1002.14 "Employment
outcome" means "employment outcome" as defined in 34 CFR
361.5(b)(16).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.15)
Ed 1002.15 "Establishment,
development, or improvement of a public or nonprofit community rehabilitation
program" means "establishment, development, or improvement of a
public or nonprofit community rehabilitation program" as defined in 34 CFR
361.5(b)(17).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.16)
Ed 1002.16 "Extended
employment" means "extended employment" as defined in 34 CFR
361.5(b)(19).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.17)
Ed 1002.17 "Extended services" means
"extended services" as defined in 34 CFR 361.5(b)(20).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.18)
Ed 1002.18 "Extreme medical risk" means
"extreme medical risk" as defined in 34 CFR 361.5(b)(21).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.19)
Ed 1002.19 "Family member",
for purposes of receiving vocational rehabilitation services in accordance with
Ed 1010.16(a)(9), means "family member" as defined in 34 CFR
361.5(b)(23).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.20)
Ed 1002.20 "Impartial hearing officer" means
"impartial hearing officer" as defined in 34 CFR 361.5(b)(25), and
includes “presiding officer” as defined in RSA 541-A:1,XIV.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.21)
Ed 1002.21 "Independent living program" means
the state independent living services program set out in 34 CFR§364 and RSA
200-C:24 and includes the services set out in 34 CFR §365.1
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.22)
Ed 1002.22 "Individual who is blind" means a
person whose central acuity does not exceed 20/200 in the better eye with correcting
lenses or whose visual acuity, if better than 20/200 is accompanied by a limit
to the field of vision in the better eye to such a degree that its widest
diameter subtends an angle of no greater than 20 degrees, and who has been
examined by a physician skilled in diseases of the eye, or by an optometrist,
whichever the individual selects, to make the determination that the individual
is blind.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.23)
Ed 1002.23 "Individual with a
disability" means "individual with a disability" as defined in
34 CFR 361.5(b)(28) and (29).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.24)
Ed 1002.24 "Individual with a
most significant disability" means an individual with a significant
disability:
(a)
Who has a significant mental or physical impairment that seriously
limits 2 or more functional capacities such as mobility, communication,
self-care, self-direction, interpersonal skills, work tolerance and work
skills, or work tolerance or work skills in terms of employment outcomes; and
(b)
Whose vocational rehabilitation can be expected to require 2 or more
vocational rehabilitation services, in addition to the vocational
rehabilitation counselor provided services of guidance, counseling, service
coordination and job placement, over an extended period of time of 6 months or
longer.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.25)
Ed 1002.25 "Individual with a significant
disability” means "individual with a significant disability" as
defined in 34 CFR 361.5(b)(31).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.26)
Ed 1002.26 "Individual's representative" means
"individual’s representative" as defined in 34 CFR 361.5(b)(32).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.27)
Ed 1002.27 "Integrated setting" means
"integrated setting" as defined in 34 CFR 361.5(b)(33).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.28)
Ed 1002.28 "Maintenance" means
"maintenance" as defined in 34 CFR 361.5(b)(35)
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.30)
Ed 1002.29 "Mediation" means
"mediation" as defined in 34 CFR 361.5(b)(36).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.31)
Ed 1002.30 "Nonprofit" means
"nonprofit" as defined in 34 CFR 361.5(b)(37).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.32)
Ed 1002.31 "Ongoing support
services" means "ongoing support services" as defined in 34 CFR
361.5(b)(38).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.33)
Ed 1002.32 "Personal assistance services"
means "personal assistance services" as defined in 34 CFR
361.5(b)(39).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.34)
Ed 1002.33 "Physical and mental
restoration services" means "physical and mental restoration
services" as defined in 34 CFR 361.5(b)(40).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.35)
Ed 1002.34 "Physical or mental impairment” means
"physical or mental impairment" as defined in 34 CFR 361.5(b)(41).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.36)
Ed 1002.35 "Post-employment
services" means "post-employment services" as defined in 34 CFR
361.5(b)(42).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.37)
Ed 1002.36 "Program for the deaf and hard of
hearing" means the program established under RSA 200-C:18.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.38)
Ed 1002.37 "Qualified and impartial mediator"
means "qualified and impartial mediator" as defined in 34 CFR
361.5(b)(43).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.39)
Ed 1002.38 "Rehabilitation
engineering" means "rehabilitation engineering" as defined in 34
CFR 361.5(b)(44).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.40)
Ed 1002.39 "Rehabilitation
technology" means "rehabilitation technology" as defined in 34
CFR 361.5(b)(45).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.41)
Ed 1002.40 "Review " means the procedure for
determining whether decisions made by personnel of the designated state unit
that affect the provision of vocational rehabilitation services are consistent
with the Act and rules adopted thereunder.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.42)
Ed 1002.41 "State workforce investment board"
means a board established under section 111 of the Workforce Investment Act of
1998, 29 U.S.C. 705(33).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.43)
Ed 1002.42 "Statewide workforce investment system”
means a system described in section 111(d)(2) of the Workforce Investment Act
of 1998, 29 U.S.C. 705(34).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.44)
Ed 1002.43 "State plan” means "state
plan" as defined in 34 CFR 361.5(b)(51).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.45)
Ed 1002.44 "Substantial impediment to employment"
means "substantial impediment to employment" as defined in 34 CFR
361.5(b)(52).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.46)
Ed 1002.45 "Supported
employment" means "supported employment" as defined in 34 CFR
361.5(b)(53).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.47)
Ed 1002.46 "Supported employment program"
means the program established under RSA 200-C:21 and 34 CFR 363.1.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.48)
Ed 1002.47 "Supported employment services" means
"supported employment services" as defined in 34 CFR 361.5(b)(54).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.49)
Ed 1002.48 “Transition services” means “transition
services” as defined in 34 CFR 361.5(b)(55).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.51)
Ed 1002.49 "Transitional employment" means
"transitional employment" as defined in 34 CFR 361.5(b)(56).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.52)
Ed 1002.50 "Transportation" means
"transportation" as defined in 34 CFR 361.5(b)(57).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.53)
Ed 1002.51 "Vocational rehabilitation
services" means "vocational rehabilitation services" as defined
in 34 CFR 361.5(b)(58).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1002.54)
PART Ed 1003 PROTECTION, USE AND RELEASE OF PERSONAL
INFORMATION
Ed 1003.01 Confidentiality.
(a)
All current and stored information as to personal facts given or made
available to the designated state unit, its representative, or its employee, in
the course of the administration of the vocational rehabilitation program,
including photographs, lists of names and addresses and records of agency
evaluation, shall be held to be confidential by the division and by
individuals, service providers, other cooperating agencies and organizations,
and interested parties to whom such information is disseminated.
(b)
All personal information in the possession of the designated state unit
shall be used only for purposes directly connected with the administration of
the vocational rehabilitation program.
Information containing identifiable personal information shall not be
shared with advisory or other bodies which do not administer the program.
(c)
All applicants, eligible individuals, representatives of applicants or
individuals, service providers, other cooperating agencies and organizations,
and interested parties shall be informed through appropriate modes of
communication consistent with the choice, used by the individual of the
confidentiality of personal information and the conditions in Ed 1003.03 for
accessing and releasing this information.
(d)
The designated state unit shall inform all applicants, eligible
individuals, and representatives of applicants or individuals about the
division’s need to collect personal information and the provisions of this section
governing its use.
(e)
In the administration of the vocational rehabilitation program, the
designated state unit shall obtain personal information from service providers
and cooperating agencies under assurances that the information shall not be
further divulged, except as provided under Ed 1003.02, Ed 1003.03, and Ed
1003.04.
(f)
Individuals, agencies, and organizations shall pay a fee of $.06 per
page to cover costs of duplicating records and making extensive searches
required for the release of information in Ed 1003.03 and the exchange of
information in Ed 1003.04.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1003.02 Data Collection.
(a)
The collection of personal information by designated state unit
personnel concerning applicants and eligible individuals shall be authorized by
the applicant or individual through completion of a release of information
permit containing the:
(1) Date;
(2) Applicant or individual’s name;
(3) Signature;
(4) Social security number optional: may be
required for eligibility for certain state and federal programs; and
(5) A statement authorizing release to the
designated state unit of medical, psychological, psychiatric, educational, and vocational
information necessary for the determination of eligibility and development and
implementation of an individualized plan for employment.
(b)
The signature of the parent or guardian shall be required when the
applicant or eligible individual is under 18 years old or has a legal guardian.
(c)
The designated state unit shall collect personal information under 29
U.S.C. 709(c), 29 U.S.C. 721(a)(6)(A), and34 CFR 361.38. Failure by the applicant or eligible individual
to provide sufficient personal information to the designated state unit to
determine eligibility, or to prepare an individualized plan for employment or
to monitor progress of services provided, shall result in the case being
closed.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1003.03 Release of Information.
(a)
Personal information concerning the applicant or eligible individual
shall not be released to any individual or organization except as authorized by
the applicant, individual, or law. When
personal information has been obtained from another agency or organization, it
shall be released only by, or under the conditions established by, the other
agency or organization. However, when
such information has been used to make a
determination regarding the applicant or eligible individual that is
being contested through the hearing process it shall be available for release
as evidence in the hearing unless precluded by law.
(b)
When requested in writing by the applicant or eligible individual or his
or her representative, the designated state unit shall make all information in
the record of vocational rehabilitation services accessible to the individual
and release the information to him or her or the representative except when:
(1) Medical, psychological, or other information
that the designated state unit determines might be harmful to the applicant or
eligible individual after consultation with a qualified medical or mental
health professional, in which case the information shall not be released
directly to the applicant or individual but shall be provided to the applicant
or individual through a third party chosen by the applicant or individual. The third party may include an advocate, a
family member, or a qualified medical or mental health professional, unless a
representative has been appointed by a court to represent the applicant or
individual, in which case the information shall be released to the
court-appointed representative; or
(2) Personal information has been obtained from
another agency or organization, in which case the information shall be released
only by, or under the conditions established by, the other agency or
organization.
(c)
An applicant or eligible individual who believes that information in his
or her record of services is inaccurate or misleading may request that the
designated state unit amend the information.
If the information is not amended, the request for an amendment shall be
documented in the record of services, consistent with Ed 1010.16(a)(12).
(d)
When a third party requests
particular information about an applicant or eligible individual, the third
party shall provide a written request signed by the applicant or individual or
their guardian designating the third party as a representative who may have
access to client information. Third
parties may include attorneys, service providers, and other public or private
agency or organizations.
(e)
The request shall include:
(1) The applicant’s or eligible individual’s
name;
(2) The information being requested;
(3) The reasons why the material is being
requested; and
(4) The name of the individual, agency, or
organization assuming responsibility for the information and giving assurance that
the information will not be released to any other individual, agency or
organization.
(5) The request shall also include the following
statement:
"I , hereby authorize
the release of information for the purpose of providing vocational
rehabilitation services relating to me which is in the custody or control of
the New Hampshire Department of Education, Division of Career Technology and
Adult Learning. I have considered and
understand the implications of this waiver.
The release of this information is more important to me than the loss of
privacy which may result directly or indirectly from the release. I agree to hold harmless the New Hampshire
Department of Education, Division of Career Technology and Adult Learning and
their authorized representatives for any damages arising out the release of the
information I am requesting. ”
(f)
Personal information shall be released under Ed 1003.03(g) only if the
organization, agency, or individual assures that:
(1) The information will be used only for the
purposes for which it is being provided;
(2) The information will be released only to
persons officially responsible for conducting the audit, evaluation, or
research;
(3) The information will not be released to the involved
applicant or individual;
(4) The information will be managed in a manner
to safeguard confidentiality; and
(5) The final product will not reveal any
personal identifying information without the informed written consent of the
involved applicant or individual or the applicant’s or individual's
representative.
(g)
Upon receiving the informed written consent of the applicant or eligible
individual or, if appropriate, the applicant’s or individual's representative,
the designated state unit shall release personal information to another agency
or organization for its program purposes if:
(1) The information may be released to the
involved applicant or individual or the applicant’s or individual's
representative; and
(2) The other agency or organization demonstrates
that the information requested is necessary for its program.
(3) Medical or
psychological information that the designated state unit determines might be
harmful to the applicant or eligible individual shall be released only if the other
agency or organization assures the designated state unit that the information
will be used only for the purpose for which it is being provided and will not
be further released to the applicant or individual.
(h)
Personal information concerning the applicant or eligible individual
shall be released to an organization, agency, or individual engaged in audit,
evaluation, or research.
(i)
The designated state unit shall release personal information as required
by federal law.
(j)
The designated state unit shall release personal information in response
to investigations in connection with law enforcement, fraud, or abuse, unless
expressly prohibited by federal or state laws or regulations, and in response
to an order issued by a judge or other authorized judicial officer.
(k)
The designated state unit shall release personal information in order to
protect the applicant or eligible individual or others if the applicant or
individual poses a threat to his or her safety or to the safety of others.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1003.04
Exchanging Information with Other Parties.
(a)
When the designated state unit is working with an agency or organization
on behalf of an applicant or eligible individual, information shall be
exchanged after obtaining a written release of information authorization
described in Ed 1003.03(d), signed by the individual, or his or her parent or
guardian if the individual is under 18 years old or has a legal guardian. For agencies and organizations having an
agreement with the designated state unit to exchange information, information
regarding mutual applicants or eligible individual’s information shall be
exchanged without obtaining an individual’s release. The agencies and organizations having such
cooperative agreements shall be identified by the designated state unit on the
application for vocational rehabilitation services described in Ed 1010.02.
(b)
Agencies and organizations with which the designated state unit shall
exchange information include but are not limited to:
(1) The
(2) The
(3) New Hampshire WORKS Partners established
under the Workforce Investment Act of 1998, 29 U.S.C. 705, as described in the
cooperative agreement;
(4) Community rehabilitation programs;
(5)
(6) The Social Security Administration.
(c)
In situations not covered by the provisions of Ed 1003.04(a), upon
receiving the informed written consent of the applicant or eligible individual
or, if appropriate, the applicant’s or individual's representative, the designated
state unit shall release personal information to another agency or organization
for its program purposes only to the extent that the information shall be
released to the involved applicant or individual or the applicant’s or
individual's representative and only to the extent that the other agency or
organization demonstrates that the information requested is necessary for its
program.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1004 REVIEW PROCEDURE
Ed 1004.01 Review Procedures.
(a)
Review procedures shall comply with 34 CFR 361.57 and
(b)
An individual who is dissatisfied with any determination made by
personnel of the designated state unit that affects the provision of vocational
rehabilitation services may request, or, if appropriate, may request through
the individual's representative, a timely review of that determination.
(c)
The designated state unit shall make reasonable accommodation for the
individual’s disability in conducting hearings and mediation procedures.
Reasonable accommodation shall include using appropriate modes of communication
consistent with the informed choice of the individual.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.02 Notification of Right to Mediation and
Hearings.
(a) The designated state unit shall
provide an individual or, as appropriate, the individual's representative,
notice of:
(1) The right to obtain review of designated
state unit determinations that affect the provision of vocational
rehabilitation services through a hearing under Ed 1004.07 and Ed 1004.15;
(2) The availability of informal dispute
resolution under Ed 1004.03
(3) The right to
pursue mediation under Ed 1004.05 with respect to determinations made by
designated state unit personnel that affect the provision of vocational
rehabilitation services to an individual;
(4) The names and addresses of department of
education personnel with whom requests for mediation or hearings may be filed;
(5) The manner in which a neutral mediator or
hearing officer is selected; and
(6) The availability of the client assistance
program, established under 34 CFR 370, to assist the individual during neutral
evaluation, mediation sessions or hearings.
(b) The notice required in Ed
1004.04(a) shall be provided by using the appropriate mode of communication
consistent with the informed choice of the individual:
(1) At the time the individual applies for
vocational rehabilitation services;
(2) At the time the individual is assigned to a
category in the order of selection, if an order of selection is established
under Ed 1006;
(3) At the time the individualized plan for
employment is developed; and
(4) Whenever
vocational rehabilitation services for an individual are reduced, suspended, or
terminated;
(c) Determinations for which a review may be
requested include the designated state unit’s failure to release harmful
information directly to the individual.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1004.04)
Ed 1004.03 Informal Dispute Resolution.
(a)
An individual, or a representative of the individual, seeking review of
a determination shall file a complaint with the administrator for policy and
law at the bureau of vocational rehabilitation, in the designated state unit.
(b)
Filing a complaint shall not prevent the individual from requesting
mediation or a due process hearing in the case where the complaint is not
resolved to the individual’s satisfaction.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.04 Mediation.
(a)
Mediation shall be voluntary and available to individuals in accordance
with 34 CFR 361.57(d), and Ed 205.
(b)
If mediation as described in Ed 205.03 is selected by the parties and
resolution is not achieved, the individual selected as a mediator shall not be
the same individual who is subsequently appointed as a hearing officer to
preside at a hearing in the same matter pursuant to Ed 1004.10(c).
(c)
Inconsistencies between mediation procedures in Ed 205.03 and Ed 1004.05
shall be resolved in favor of the provisions of Ed 1004.05.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1004.02)
Ed 1004.05 Mediation Procedure.
(a)
An individual shall have the option of using mediation to resolve
disputes involving designated state unit determinations that affect the
provision of vocational rehabilitation services. Mediation shall be made available, at a
minimum, whenever an individual or, as appropriate, the individual's
representative requests a hearing.
Mediation may also be requested without filing a complaint or requesting
a hearing.
(b)
Mediation shall not be used to deny or delay the individual's right to
pursue resolution of the dispute through a hearing held within the 60 day time
period for holding hearings required by 34 CFR 361.57(e). At any point during the mediation process
either the individual or the mediator shall have the option of electing to
terminate the mediation. In the event
mediation is terminated, the individual shall have the option of pursuing
resolution through a hearing.
(c)
An individual may be represented during mediation sessions by counsel or
another advocate selected and paid for by the applicant or individual.
(d)
Mediation sessions shall be conducted by a qualified and impartial
mediator. The mediator shall be chosen at random from a pool of mediators who
are knowledgeable about vocational rehabilitation services.
(e)
Mediation sessions shall be arranged by the office of legislation and
hearings in the designated state agency.
Mediation shall be scheduled within 30 days from the date a written
request for mediation is received by the designated state unit.
(f)
Discussions that occur during the mediation sessions shall be kept
confidential and shall not be used as evidence in any subsequent hearings or
civil proceedings. The parties to the
mediation sessions shall sign a confidentiality pledge prior to the
commencement of the sessions.
(g)
An agreement reached by the parties to the dispute in the mediation
sessions shall be described in a written mediation agreement that is developed
by the parties with the assistance of the qualified and impartial mediator and
signed by both parties. Copies of the
agreement shall be sent to both parties.
(h)
The costs of the mediation process shall be paid by the designated state
unit.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1004.03)
Ed 1004.06 Scheduling of Mediation, Prehearing
Conference, and Hearing.
(a)
At the time of the filing of a request to initiate a hearing under Ed
1004.07, the parties shall notify the office of legislation and hearings in the
designated state agency of whether they wish to pursue mediation prior to a
prehearing conference and a hearing.
(b)
If the parties choose not to engage in mediation the office of
legislation and hearings in the department of education shall schedule the
prehearing conference and hearing based on hearing officer availability, as
provided in Ed 1004.10.
(c)
The scheduling shall allow for the following:
(1) A day for an alternative dispute resolution,
if the parties so decide;
(2) A half day for a prehearing conference; and
(3) A minimum of 2 days for a hearing.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
(from Ed 1004.07)
Ed 1004.07 Initiation of Hearing by Applicant or
Individual.
(a)
An individual who is dissatisfied with any determination made by
personnel of the designated state unit that affects the provision of vocational
rehabilitation services shall notify the office of legislation and hearings in
the designated state agency, in writing, if he or she wishes to request a due
process hearing. The written request for
a hearing shall be made within 30 days after the designated state unit notifies
the individual of its determination or completion of an alternative dispute
resolution procedure.
(b)
The written request required to initiate the hearing process shall
include:
(1) The full name and address of the individual;
(2) A description of why the individual is not
satisfied with the determination; and
(3) The desired
outcome of the complaint or mediation procedure, if applicable.
(c)
When providing a written request for a hearing is a burden to the
individual because of the individual’s disability, the office of legislation
and hearings shall accept a request in the appropriate mode of communication
that is consistent with the informed choice of, and used by, the individual in
order to promote the fair, accurate, and efficient resolution of issues.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.08 Commencement of Hearing Process. The hearing shall be held no later than 60
days after the office of legislation and hearings receives a request for the
hearing under Ed 1004.07, unless an agreement is reached prior to the 60th day,
or unless the parties agree to a specific extension of time.
Source. #8030, eff
1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.06)
Ed 1004.09 Denial, Dismissal, or Withdrawal of
Request for Hearing.
(a)
The office of legislation and hearings in the department of education
shall not deny or dismiss a request for a hearing unless the individual:
(1) Withdraws the request in writing;
(2) Is held by the hearing officer to be in
default for failure to appear at the hearing without good cause that
constitutes illness, accident, or any other circumstances beyond the control of
the individual; or
(3) The hearing
officer grants a motion to dismiss.
(b)
An individual may withdraw a request for a hearing without prejudice
until such time as he or she retains legal counsel.
(c)
When withdrawing a request for a hearing in writing is a burden to the
individual because of the individual’s disability, the office of legislation
and hearings shall accept requests in the appropriate mode of communication
that are consistent with the informed choice of, and used by, the individual in
order to promote the fair, accurate, and efficient resolution of issues.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.08)
Ed 1004.10 Scheduling Mediation Proceedings and
Hearings.
(a)
The office of legislation and hearings in the department of education
shall schedule mediation, if requested, and a prehearing conference and a
hearing as follows:
(b)
As soon as the mediation, if any, the prehearing conference, and the
hearing have been scheduled, the office of legislation and hearings shall
notify the parties in writing of:
(1) The date, time and place of the requested
mediation and the prehearing conference;
(2) The date, time, place, and nature of the
hearing;
(3) Legal authority under which the hearing is to
be held;
(4) The particular sections of the statutes and
rules involved, including a copy of Ed 1004;
(5) A short and plain statement of the issues
involved; and
(6) The party's right to have an attorney present
to represent the party at the party's expense.
(c)
The name and address of the hearing officer who will preside at a
hearing shall be selected:
(1) From a list of hearing officers, who have
knowledge of state and federal vocational rehabilitation law, that is
maintained by the office; and
(2) On a random basis.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.09)
Ed 1004.11 Elements of a Hearing. A hearing shall include the following
elements:
(a)
A prehearing conference, governed by Ed 1004.13;
(b)
A hearing, governed by Ed 1004.15, that shall, except for good cause
shown, be limited to 2 days; and
(c)
A hearing officer's decision under Ed 1004.16(a) shall be considered the
final decision of the designated state unit.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.10)
Ed 1004.12 Prehearing Procedures. The prehearing conference required by Ed
1004.10(a) shall be conducted by a hearing officer and governed by the
following:
(a)
Parties shall be prepared to discuss the issues described in RSA
541-A:31,V(c);
(b)
Parties shall exchange, and provide to the hearing officer, witness
lists including a brief description of each witness's testimony, and
documentary evidence at least 5 business days before the hearing. Documentary evidence exchanged shall be
legibly labeled in the upper right-hand corner with consecutive Arabic numerals
as either "Individual Exhibit (number)" or "designated state
unit (number)", as appropriate. An
index, by title, of all exhibits submitted shall also be exchanged;
(c)
In order to limit testimony at the hearing to only those factual matters
which remain in dispute between the parties, each party shall submit a
statement of facts;
(d)
The party who has initiated the hearing shall present his or her case
first unless the hearing officer determines that the change in the order of
presentation would not materially prejudice any party's right to a full and
fair hearing and:
(1) The hearing would proceed in a more timely
manner if the party not initiating the hearing presents his or her case first;
or
(2) The hearing would proceed in a more efficient
manner if the party not initiating the hearing presents his or her case first.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.13)
Ed 1004.13 Voluntary Production of Information.
(a)
Each party shall attempt in good faith to make a complete response to
requests, as soon as practicable, for the voluntary production of information.
(b)
When a dispute between parties arises concerning a request for the
voluntary production of information, releases, or documents, any party may file
a motion to compel the production of the requested information under Ed
1004.14.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.11)
Ed 1004.14 Motion to Compel Production of Information.
(a)
Any party may file a motion requesting that the hearing officer compel
the parties to comply with information requests. The motion shall be filed at least 15 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing. Any
objection to the motion to compel shall be filed within 5 days of the date
receipt of the motion.
(b)
The moving party's motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c)
When a party has demonstrated that such requests for information are
relevant to the issues described in the hearing notice and might be necessary
for a full and fair presentation of the evidence at the hearing because they
have the potential to affect the outcome of the hearing, the hearing officer
shall grant the motion to compel.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.12)
Ed 1004.15 Hearing Procedures. The hearing shall be conducted by a hearing
officer, governed by the following:
(a)
All hearings shall be electronically recorded by the hearing officer or
his or her designee. The hearing
officer’s recording shall be the official record of the hearing unless a party
requests and pays for stenographic recording of such hearing. If a party requests and pays for a
stenographic recording of the hearing, the stenographic record shall be under
the control of the hearing officer and shall be the official record;
(b)
Any party to a hearing shall have the right to:
(1) Be accompanied and advised by counsel, who
shall be an attorney, or by an individual with special knowledge or training
with respect to vocational rehabilitation services and whose services shall be
paid for by the party retaining counsel;
(2) Present evidence and confront and
cross-examine witnesses;
(3) Request that the hearing officer prohibit the
introduction of any evidence at the hearing that has not been disclosed to that
party at least 5 business days before the first day of the scheduled hearing;
(4) Obtain a verbatim record of the hearing, at
any point during the hearing or afterwards;
(5) Obtain written findings of facts and
decisions; and
(6) Record the hearing;
(c)
At the conclusion of the hearing an applicant, eligible individual, or
previously eligible individual may request, at no cost, a verbatim record of
the hearing in either electronic or written format and written findings of fact
and decisions at no cost for the first copy of each item. Any additional copies or copies of any of the
items in the case file shall be available at the department’s cost to produce
them;
(d)
An applicant, eligible individual, or previously eligible individual
shall have the right to open the hearing to the public. However, if a hearing is open to the public,
the hearing officer shall seat the members of the public and position their
equipment in such a way that the public and equipment do not interfere with the
proceedings;
(e)
Each party shall have a maximum of one day to present its case, unless
additional time is necessary for a full, fair disclosure of the facts necessary
to arrive at a conclusion;
(f)
The hearing officer shall limit the number of additional witnesses to
eliminate redundant, cumulative, or irrelevant testimony; and
(g)
The hearing officer shall limit examination of a witness by either party
to avoid redundant, cumulative, or irrelevant testimony.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.16 Agreement Prior to Hearing.
(a)
If the parties reach an agreement prior to the hearing, both parties
shall sign a written statement requesting the cancellation of the hearing.
(b)
When signing a written statement requesting the cancellation of the
hearing is a burden to the applicant, eligible individual, or previously
eligible individual because of the individual’s disability, the office of
legislation and hearings shall accept such requests in the appropriate mode of
communication that is consistent with the informed choice of and used by the
applicant, eligible individual, or previously eligible individual in order to promote
the fair, accurate, and efficient resolution of issues.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1004.14)
Ed 1004.17
Continuance of Hearing.
(a)
A hearing officer shall grant extensions of time beyond the period set
out in Ed 1004.(15)(e) for specific periods of time at the request of either
party if:
(1) The party’s vocational rehabilitation
services would not be jeopardized by the delay;
(2) The party would not have adequate time to
prepare and present the party's position at the hearing in accordance with the
requirements of due process; and
(3) The need for the delay is greater than any
financial or other detrimental consequences likely to be suffered by a party in
the event of delay.
(b)
A hearing shall not be continued by the hearing officer because of the
hearing officer's schedule.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.18 Decision.
(a)
The hearing officer shall issue a final decision not later than 30 days
after the hearing is completed. The
final decision shall be consistent with RSA 541-A:35. The final decision shall be based on the
provisions of the approved state plan, the Act, federal vocational
rehabilitation regulations, and state rules that are consistent with federal
requirements.
(b)
The hearing officer shall provide to the individual or, if appropriate,
to the individual's representative, and to the designated state unit a full
written report of the findings and grounds for the final decision within 30
days after the hearing is completed.
(c)
A copy of the final decision shall be sent by certified mail to each of
the parties.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12 (from Ed 1002.16)
Ed 1004.19 Impact on Provision of Services During
Proceedings.
(a) The designated state unit shall
not institute a suspension, reduction, or termination of vocational
rehabilitation services being provided to an applicant or eligible individual,
including evaluation and assessment services and individualized plan for
employment development, pending resolution of a request for review of a
determination through mediation or pending a decision by a hearing officer
unless:
(1) The individual or, in appropriate cases, the
individual's representative requests a suspension, reduction, or termination of
services;
(2) The designated state unit has evidence that
the services have been obtained through misrepresentation, fraud, collusion, or
criminal conduct on the part of the individual or the individual's
representative; or
(3) The individual or the individual’s
representative engages in delaying tactics to avoid a determination of the
issue for the purpose of continuing services the designated state unit believes
are inappropriate or inconsistent with the program or the employment aptitudes
and interests of the individual. In the
case of apparent delaying tactics, the following shall apply:
a. Any case that remains open after 180 days
shall be presumed to be a case where delay tactics are being employed; and
b. In any case open longer than 180 or whenever
the hearing officer believes a party is hindering the prosecution of the case,
the hearing officer shall require the offending party to show good cause
pursuant to Ed 206.04(a) why the hearing officer should not dismiss the case
with prejudice.
(b)
If a party brings a civil action under Ed 1004.20 to challenge the final
decision of the hearing officer made under Ed 1004.18(f), the final decision of
the hearing officer shall be implemented pending review by the court.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1004.20 Civil Action. Any party who disagrees with the findings and
decision of the hearing officer may bring a civil action to appeal that
decision in a state or a United States district court of competent jurisdiction
as provided in 34 CFR 361.57(i).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1005 ABILITY TO SERVE ALL ELIGIBLE INDIVIDUALS
Ed 1005.01 Ability to Provide
(a)
The designated state unit shall either provide the full range of
vocational rehabilitation services listed in 29 U.S.C. 723(a) and Ed 1010.16,
as appropriate, to all eligible individuals or, in the event that vocational
rehabilitation services cannot be provided to all eligible individuals who
apply for the services, implement the order of selection established in Ed 1006
to be followed in selecting eligible individuals to be provided vocational
rehabilitation services.
(b)
The designated state unit shall provide the full range of vocational
rehabilitation services to all eligible individuals if a determination is also
made that, on the basis of the designated state unit’s projected fiscal and
personnel resources and its assessment of the rehabilitation needs of
individuals with significant disabilities within
(1) Continue to provide services to all
individuals currently receiving services;
(2) Provide assessment services to all
individuals expected to apply for services in the next fiscal year;
(3) Provide services to all individuals who are
expected to be determined eligible in the next fiscal year; and
(4) Meet all program requirements.
(c)
The designated state unit shall establish and implement an order of
selection according to the provisions of Ed 1006 if the designated state unit
determines that it is unable to provide the full range of vocational
rehabilitation services to all eligible individuals in
(d)
The designated state unit shall consult with the state rehabilitation
council established under 34 CFR 361.16 that meets the requirements of 34 CFR
361.17 regarding the:
(1) Need to establish an order of selection,
including any reevaluation of the need as provided in Ed 1006.01(b);
(2) Priority categories of the particular order
of selection;
(3) Criteria for determining individuals with the
most significant disabilities; and
(4) Administration of the order of selection.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1006 ORDER OF SELECTION FOR SERVICES
Ed 1006.01 Determining Need for Establishing and
Implementing An Order of Selection.
(a)
Prior to the beginning of each fiscal year the designated state unit
shall determine whether to establish and implement an order of selection.
(b)
If the designated state unit determines that it does not need to
establish an order of selection, the designated state unit shall reevaluate
this determination whenever changed circumstances during the course of a fiscal
year indicate that it might no longer be able to provide the full range of
vocational rehabilitation services, as appropriate, to all eligible individuals
according to the requirements in Ed 1005.01(c).
(c)
If the designated state unit establishes an order of selection, but
determines that it does not need to implement that order at the beginning of
the fiscal year, the designated state unit shall continue to meet the
requirements of Ed 1005.01(c). If the
designated state unit does not continue to meet the requirements of Ed
1005.01(c) it shall implement the order of selection by closing one or more
priority categories.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1006.02 Establishing an Order of Selection. An order of selection shall be based only on
the 3 criteria in the definition of ``individual with a significant
disability."
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1006.03 Administering and Implementing an Order of
Selection.
(a)
The designated state unit shall administer an order of selection as
follows:
(1) The order of selection shall be implemented
on a statewide basis;
(2) All eligible individuals shall be notified of
the priority categories in the order of selection, their assignment to a
particular category, and their right to appeal their category assignment;
(3) The designated state unit shall continue to
provide all needed services to any eligible individual who has begun to receive
services under an individualized plan for employment prior to the effective
date of the order of selection, irrespective of the severity of the
individual's disability;
(4) The designated state unit shall ensure that
its funding arrangements for providing services under the state plan, including
third-party arrangements and awards under the establishment authority, are
consistent with the order of selection; and
(5) The designated state unit shall renegotiate
any funding arrangements that are inconsistent with the order of selection so
that they are consistent with the order of selection.
(b)
The designated state unit shall implement an order of selection for
eligible individuals according to the following priority categories:
(1) Priority one shall include individuals who
are determined to be eligible for services prior to the effective date of the
implementation of the order of selection as provided in Ed 1006.03(a)(3), and
individuals who are determined to be eligible for services after the effective
date of the implementation of the order of selection and who are individuals
with a most significant disability;
(2) Priority 2 shall include individuals with a
significant disability and public safety officers as defined in RSA 507:8-h who
are disabled in the line of duty in law enforcement or protection of life or
property and who are not included in priority one; and
(3) Priority 3 shall include all other eligible
individuals who do not have a significant disability.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1007 COMPARABLE SERVICES AND BENEFITS
Ed 1007.01 Determination of Availability of
Comparable Services and Benefits.
(a)
Prior to providing any vocational rehabilitation services, except those
services listed in Ed 1007.02, to an eligible individual or to members of the
individual's family, the designated state unit shall determine whether
comparable services and benefits exist under any other program and whether
those services and benefits are available to the individual.
(b)
A determination of the availability of comparable services and benefits
shall not be required if the determination would interrupt or delay:
(1) The progress of the individual toward
achieving the employment outcome identified in the individualized plan for
employment;
(2) An immediate job placement; or
(3) The provision of vocational rehabilitation
services to any individual who is determined to be at extreme medical risk,
based on medical evidence provided by an appropriately licensed medical
professional acting within the scope of his or her authority, unless the
extreme medical risk requires intensive hospitalization or surgery in those circumstances,
such as but not limited to, where organ or bone marrow transplantations are
required.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1007.02 Exempt Services. The following vocational rehabilitation
services described in Ed 1010.16 shall be exempt from a determination of the
availability of comparable services and benefits:
(a)
Assessment for determining eligibility and priority for services and
assessment for determining vocational rehabilitation needs;
(b)
Counseling and guidance, including information and support services, to
assist an individual in exercising informed choice;
(c)
Referral and other services to secure needed services from other
agencies, including other components of the statewide workforce investment
system, if those services are not available under the vocational rehabilitation
services program;
(d)
Job-related services, including job search and placement assistance, job
retention services, follow-up services, and follow-along services;
(e)
Rehabilitation technology, including telecommunications, sensory, and
other technological aids and devices; and
(f)
Post-employment services consisting of the services listed under Ed
1007.02(a)-(e).
Source. #8030, eff
1-22-04; ss by #10074, eff 1-19-12
Ed 1007.03 Using Comparable Services or Benefits.
(a)
If comparable services or benefits exist under any other program and are
available to the individual at the time needed to ensure the progress of the
individual toward achieving the employment outcome in the individual's
individualized plan for employment, the designated state unit shall use those
comparable services or benefits to meet, in whole or part, the costs of the
vocational rehabilitation services.
(b)
If comparable services or benefits exist under any other program, but
are not available to the individual at the time needed to ensure the progress
of the individual toward achieving the employment outcome in the individual's
individualized plan for employment, the designated state unit shall provide
vocational rehabilitation services until those comparable services and benefits
become available.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1008 PARTICIPATION OF INDIVIDUALS IN COST OF
SERVICES BASED ON FINANCIAL NEED
Ed 1008.01 Financial Needs Assessment.
(a)
The designated state unit shall consider the financial need of eligible
individuals or of individuals who are receiving services through trial work
experiences under Ed 1010.07 or during an extended evaluation under Ed 1010.08. The financial needs assessment shall be used
for determining the extent of the individual’s participation in the costs of
vocational rehabilitation services. The
services listed in Ed 1008.02 shall be exempt from a financial needs
assessment.
(b)
The financial needs assessment shall:
(1) Explain the method for determining the
financial need of an eligible individual as follows:
a. The method shall be a review of the person’s
financial status; and
b. The method
shall compare income and resources to determine the amount of monthly resources
that shall be utilized for specific vocational rehabilitation services; and
(2) Specify the types of vocational
rehabilitation services from the following services for which the designated state
unit has established a financial needs test:
a. Physical and mental restoration;
b. Vocational and other training services;
c. Maintenance;
d. Transportation;
e. Vocational
rehabilitation services to family members of an applicant or eligible individual
if necessary to enable the applicant or eligible individual to achieve an
employment outcome;
f. Supported employment services;
g. Post employment services;
h. Occupational licenses, tools, equipment,
initial stocks, and supplies;
i. Rehabilitation
technology, including vehicular modification, telecommunications, sensory, and
other technological aids and devices;
j. Transition services; and
k. Technical assistance and other consultation
services to conduct market analyses, develop business plans and otherwise
provide resources, to the extent those resources are authorized to be provided
through the statewide workforce investment system, to eligible individuals who
are pursuing self- employment.
(c) The financial needs assessment
shall be applied uniformly to all individuals in similar circumstances.
(d)
Although the financial needs assessment might require different levels
of need for different geographic regions in the state, the assessment shall be
applied uniformly to all individuals within each geographic region.
(e)
The financial needs assessment shall ensure that the level of an
individual's participation in the cost of vocational rehabilitation services
is:
(1) Based on the individual's financial need, including
consideration of any disability-related expenses paid by the individual; and
(2) Not so high as to effectively deny the
individual a necessary service.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1008.02
Services Exempt from Financial Needs Assessment.
(a)
The designated state unit shall not apply a financial needs assessment
or require the financial participation of the individual as a condition for
furnishing the following vocational rehabilitation services:
(1) Assessment for determining eligibility and
priority for vocational rehabilitation services under Ed 1010.04, except those
non-assessment services that are provided to an individual with a significant
disability during either an exploration of the individual's abilities,
capabilities, and capacity to perform in work situations through the use of
trial work experiences under Ed 1010.07 or an extended evaluation under Ed
1010.08;
(2) Assessment for determining vocational
rehabilitation needs under Ed 1010.12;
(3) Vocational rehabilitation counseling and
guidance under Ed 1010.11;
(4) Referral and other services under Ed 1009;
(5) Job-related services under Ed 1010.15(a)(12);
(6) Personal assistance services; and
(7) Any auxiliary aid or interpreter services
under Ed 1010.15(a)(10) or reader services under Ed 1010.15(a)(11) that an
individual with a disability requires under section 504 of the Act, 29 U.S.C.
794, or under the Americans with Disabilities Act, 42 U.S.C. 12101, et seq., or
regulations implementing those laws, in order for the individual to participate
in the vocational rehabilitation program.
(b)
The designated state unit shall not apply a financial needs assessment
or require the financial participation of the individual as a condition for
furnishing any vocational rehabilitation service if the individual in need of
the service has been determined eligible for Social Security benefits under
Titles II or XVI of the Social Security Act.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1009 INFORMATION AND REFERRAL SERVICES
Ed 1009.01 Referring Individuals Under an Order of
Selection. The designated State
agency shall implement an information
and referral system adequate to ensure that individuals with disabilities,
including eligible individuals who do not meet the agency's order of selection
criteria for receiving vocational rehabilitation services if the agency is
operating on an order of selection, are provided accurate vocational
rehabilitation information and guidance which may include counseling and
referral for job placement using appropriate modes of communication to assist them
in preparing for, securing, retaining, or regaining employment.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1009.02 Referring Individuals to Extended
Employment Providers.
(a)
The designated state unit shall refer to local extended employment
providers an individual with a disability who makes an informed choice to
pursue extended employment as the individual's employment goal.
(b)
Before making the referral required by this section, the designated
state unit shall:
(1) Consistent with Ed 1010.04(f), explain to the
individual that the purpose of the vocational rehabilitation program is to
assist individuals to achieve an employment outcome;
(2) Consistent with Ed 1012, provide the
individual with information concerning the availability of employment options,
and of vocational rehabilitation services, in integrated settings;
(3) Inform the individual that services under the
vocational rehabilitation program can be provided to eligible individuals in an
extended employment setting if necessary for purposes of training or otherwise
preparing for employment in an integrated setting;
(4) Inform the individual that, if he or she
initially chooses not to pursue employment in an integrated setting, he or she
can seek services from the designated state unit at a later date if, at that
time, he or she chooses to pursue employment in an integrated setting; and
(5) Refer the individual, as appropriate, to the
Social Security Administration in order to obtain information concerning the
ability of individuals with disabilities to work while receiving benefits from
the Social Security Administration.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1009.03 Criteria for Appropriate Referrals.
(a)
The designated state unit shall refer individuals with disabilities to
federal or state programs, including programs carried out by other components
of the statewide workforce investment system, best suited to address the
specific employment needs of an individual with a disability.
(b)
The designated state unit shall provide the individual who is being
referred with a notice of the referral by the designated state unit to the
agency carrying out the program that includes:
(1) Information identifying a specific point of
contact within the agency to which the individual is being referred; and
(2) Information and advice regarding the most
suitable services to assist the individual to prepare for, secure, retain, or
regain employment.
Source. #10074,
eff 1-19-12
PART Ed 1010 PROVISION AND SCOPE OF SERVICES
Ed 1010.01 Processing Referrals.
(a)
The designated state unit shall
promptly and equitably handle referrals of individuals for vocational
rehabilitation services, including referrals of individuals made through the
One-Stop service delivery systems established under section 121 of the
Workforce Investment Act of 1998, 29 U.S.C. 721(a)(6)(A) and 723(a)(6). Good faith efforts shall be made in a timely
manner to inform these individuals of application requirements and to gather
information necessary to initiate an assessment for determining eligibility and
priority for services.
(b)
The following minimum information shall be furnished for each individual
who is referred to the designated state unit for vocational rehabilitation
services:
(1) Name and address;
(2) Disability;
(3) Age and gender;
(4) Date of referral; and
(5) Source of referral.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.02 Processing Applications.
(a)
Once an individual has submitted an application for vocational
rehabilitation services, including applications made through common intake
procedures in One-Stop centers established under section 121 of the Workforce
Investment Act of 1998, 29 U.S.C. 721(a)(6)(A) and 723(a)(6), an eligibility determination shall be made
within 60 days, unless:
(1) Exceptional and unforeseen circumstances
beyond the control of the designated state unit preclude making an eligibility
determination within 60 days and the designated state unit and the individual
agree to a specific extension of time; or
(2) An exploration of the individual's abilities,
capabilities, and capacity to perform in work situations is carried out in
accordance with Ed 1010.07 or, if appropriate, an extended evaluation is
carried out in accordance with Ed 1010.08.
(b)
If no agreement can be reached under subparagraph (a)(1), the
eligibility determination shall be made on the available information.
(c)
An individual shall be considered by the designated state unit to have
submitted an application when the individual or the individual's
representative, as appropriate:
(1) Has completed and signed a designated state
unit application form;
(2) Has completed a common intake application form
in a One-Stop center requesting vocational rehabilitation services;
(3) Has provided to the designated state unit
information necessary to initiate an assessment to determine eligibility and
priority for services;
(4) Is available to complete the assessment
process; or
(5) Has otherwise requested services from the
designated state unit through a verbal request, a request through an
interpreter, or a request from the individual's representative.
(d)
The designated state unit shall ensure that its application forms are
available throughout New Hampshire, particularly in the One-Stop centers
established under section 121 of the Workforce Investment Act of 1998, 29
U.S.C. 721(a)(6)(A) and 723(a)(6).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.03 Assessment for Determining Eligibility and
Priority for Services.
(a)
In order to determine whether an individual is eligible for vocational
rehabilitation services and the individual's priority under an order of
selection for services in the event
(b)
The assessment shall be conducted in the most integrated setting
possible, consistent with the individual's needs and informed choice, and in
accordance with the provisions of Ed 1010.04 through Ed 1010.09.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.04 Eligibility Requirements.
(a)
An applicant shall be determined eligible for vocational rehabilitation
services if:
(1) A determination is made by qualified
personnel that the applicant has a physical or mental impairment;
(2) A determination is made by qualified
personnel that the applicant's physical or mental impairment constitutes or
results in a substantial impediment to employment for the applicant;
(3) A determination is made by a vocational
rehabilitation counselor employed by the designated state unit that the
applicant requires vocational rehabilitation services to prepare for, secure,
retain, or regain employment consistent with the applicant's unique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice; and
(4) A determination is made by the designated
state unit that the applicant can benefit in terms of an employment outcome
from the provision of vocational rehabilitation services.
(b) An applicant who meets the eligibility
requirements in Ed 1010.04(a)(1) and (2) shall be deemed as being able to
benefit in terms of an employment outcome unless the designated state unit
demonstrates, based on clear and convincing evidence, that the applicant is
incapable of benefiting in terms of an employment outcome from vocational
rehabilitation services due to the severity of the applicant's disability.
(c) Any applicant who has been determined
eligible for Social Security benefits under Title II or Title XVI of the Social
Security Act shall be:
(1) Presumed to be eligible for vocational
rehabilitation services under Ed 1010.04(a) and (b); and
(2) Considered to be an individual with a
significant disability.
(d)
If an applicant for vocational rehabilitation services asserts that he
or she is eligible for Social Security benefits under Title II or Title XVI of
the Social Security Act and is therefore presumed eligible for vocational
rehabilitation services under Ed 1010.04(c)(1), but is unable to provide
appropriate evidence, such as an award letter, to support that assertion, the
designated state unit shall verify the applicant's eligibility under Title II
or Title XVI of the Social Security Act by contacting the Social Security
Administration. This verification shall
be made within a period of time that enables the designated state unit to
determine the applicant's eligibility for vocational rehabilitation services
within 60 days of the individual submitting an application for services in
accordance with Ed 1010.02(a) and (c).
(e)
Any eligible individual shall intend to achieve an employment outcome
that is consistent with the applicant's:
(1) Unique strengths;
(2) Resources;
(3) Priorities;
(4) Concerns;
(5) Abilities;
(6) Capabilities;
(7) Interests; and
(8) Informed choice.
(f)
The designated state unit shall inform individuals, through its
application process for vocational rehabilitation services, that individuals
who receive services under the program shall intend to achieve an employment
outcome.
(g)
The applicant's completion of the application process for vocational
rehabilitation services shall be sufficient evidence of the individual's intent
to achieve an employment outcome, and no additional demonstration on the part
of the applicant shall be required for purposes of satisfying Ed 1010.04(e).
(h)
Nothing in this section shall be construed to create an entitlement to
any vocational rehabilitation service.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.05 Prohibited Factors. In making a determination of eligibility
under Ed 1010.03 through Ed 1010.04 and under Ed 1010.06 through Ed 1010.09:
(a)
No applicant or group of applicants shall be excluded or found
ineligible solely on the basis of the type of disability; and
(b)
The eligibility requirements shall be applied without regard to the:
(1) Age, gender, race, color, or national origin
of the applicant;
(2) Type of expected employment outcome;
(3) Source of referral for vocational
rehabilitation services;
(4) Particular service needs or anticipated cost
of services required by an applicant; and
(5) The income
level of an applicant or applicant's family.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.06 Review and Assessment of Data for
Eligibility Determination.
(a)
Except as provided in Ed 1010.07, the designated state unit shall base
its determination of each of the basic eligibility requirements in Ed 1010.04
on:
(1) A review and assessment of existing data,
including:
a. Counselor observations;
b. Education records;
c. Information provided by the individual or the
individual's family;
d. Information used by education officials; and
e. Determinations made by officials of other
agencies; and
(2) To the extent existing data do not describe
the current functioning of the individual or are unavailable, insufficient, or
inappropriate to make an eligibility determination, an assessment of additional
data resulting from the provision of vocational rehabilitation services,
including:
a. Trial work experiences;
b. Assistive technology devices and services;
c. Personal assistance services; and
d. Any other support services that are necessary
to determine whether an individual is eligible.
(b)
Except as provided in Ed 1010.07, the designated state unit shall base
its presumption under Ed 1010.04(c) that an applicant who has been determined
eligible for Social Security benefits under Title II or Title XVI of the Social
Security Act satisfies each of the basic eligibility requirements in Ed 1010.04
on determinations made by the Social Security Administration.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.07 Trial Work Experiences for Individuals
with Significant Disabilities.
(a)
Prior to any determination that an individual with a disability is
incapable of benefiting from vocational rehabilitation services in terms of an
employment outcome because of the severity of that individual's disability, the
designated state unit shall conduct an exploration of the individual's
abilities, capabilities, and capacity to perform in realistic work situations
to determine whether there is clear and convincing evidence to support such a
determination.
(b)
The designated state unit shall develop a written plan to assess
periodically the individual's abilities, capabilities, and capacity to perform
in work situations through the use of trial work experiences. Such trial work experience
shall be provided in the most integrated setting possible, consistent with the
informed choice and rehabilitation needs of the individual.
(c)
Trial work experiences shall include supported employment, on-the-job
training, and other experiences using realistic work settings.
(d)
Trial work experiences shall be of sufficient variety and over a
sufficient period of time for the designated state unit to determine that:
(1) There is sufficient evidence to conclude that
the individual can benefit from the provision of vocational rehabilitation
services in terms of an employment outcome; or
(2) There is clear and convincing evidence that
the individual is incapable of benefiting from vocational rehabilitation
services in terms of an employment outcome due to the severity of the
individual's disability.
(e)
The designated state unit shall provide appropriate supports, including
assistive technology devices and services and personal assistance services, to
accommodate the rehabilitation needs of the individual during the trial work
experiences.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.08 Extended Evaluation for Certain
Individuals with Significant Disabilities.
(a)
If an individual cannot take advantage of trial work experiences or if
options for trial work experiences have been exhausted before the designated
state unit is able to make the determinations described in Ed 1010.07(d), the
designated state unit shall conduct an extended evaluation to make these
determinations.
(b)
During the extended evaluation period, vocational rehabilitation
services shall be provided in the most integrated setting possible, consistent
with the informed choice and rehabilitation needs of the individual.
(c)
During the extended evaluation period, the designated state unit shall
develop a written plan for providing services necessary to make a determination
under Ed 1010.07(d).
(d)
During the extended evaluation period, the designated state unit shall
provide only those services that are necessary to make the determination
described in Ed 1010.07(d) and shall terminate extended evaluation services
when the designated state unit is able to make the determination.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.09 Data for Determination of Priority for
Services under an Order of Selection.
(a)
If the designated state unit is operating under an order of selection
for services as provided in Ed 1006, the designated state unit shall base its
priority assignments on:
(1) A review of the data that was developed under
Ed 1010.06 and Ed 1010.07 to make the eligibility determination; and
(2) An assessment of additional data, to the
extent necessary.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.10 Procedures for Ineligibility Determination.
(a)
If the designated state unit determines that an applicant is ineligible
for vocational rehabilitation services or determines that an individual
receiving services under an individualized plan for employment is no longer
eligible for services, the designated state unit shall:
(1) Make the determination only after providing
an opportunity for full consultation with the individual or, as appropriate,
with the individual's representative;
(2) Inform the individual in writing,
supplemented as necessary by other appropriate modes of communication
consistent with the informed choice of the individual, of:
a. The ineligibility determination, including
the reasons for that determination;
b. The requirements under this section; and
c. The means by which the individual may express
and seek remedy for any dissatisfaction, including the procedures for review of
designated state unit personnel determinations in accordance with Ed 1004;
(3) Provide the individual with a description of
services available from a client assistance program established under 34 CFR
370 and with information on how to contact that program;
(4) Refer the individual:
a. To other programs that are part of the
One-Stop service delivery system under the Workforce Investment Act, 29 U.S.C
705, that can address the individual's training or employment-related needs; or
b. To local extended employment providers if the
ineligibility determination is based on a finding that the individual is
incapable of achieving employment; and
(5) Review within 12 months and annually
thereafter if requested by the individual or, if appropriate, by the
individual's representative any ineligibility determination that is based on a
finding that the individual is incapable of achieving an employment outcome.
(b)
The review required under Ed 1010.10(a)(5) shall not be conducted in
situations in which the individual has refused it, the individual is no longer
present in
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.11 Closure without Eligibility Determination. The designated state unit shall not close an
applicant's record of services prior to making an eligibility determination
unless the applicant declines to participate in, or is unavailable to complete,
an assessment for determining eligibility and priority for services, and the
designated state unit has made a minimum number of 2 attempts to contact the
applicant or, if appropriate, the applicant's representative to encourage the
applicant's participation.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.12 Development of the Individualized Plan for
Employment.
(a)
An individualized plan for employment meeting the requirements of this
section and Ed 1010.13 shall be developed and implemented in a timely manner
for each individual determined to be eligible for vocational rehabilitation
services or, if the designated state unit is operating under an order of
selection in accordance with Ed 1006, for each eligible individual to whom the
designated state unit is able to provide services. Services shall be provided in accordance with
the provisions of the individualized plan for employment.
(b)
The designated state unit shall conduct an assessment for determining
vocational rehabilitation needs for each eligible individual or, if the
designated state unit is operating under an order of selection, for each
eligible individual to whom the designated state unit is able to provide
services. The purpose of this assessment
shall be to determine the employment outcome, and the nature and scope of
vocational rehabilitation services to be included in the individualized plan
for employment.
(c)
The individualized plan for employment shall be designed to achieve a
specific employment outcome that is selected by the individual consistent with
the individual's:
(1) Unique strengths;
(2) Resources;
(3) Priorities;
(4) Concerns;
(5) Abilities;
(6) Capabilities;
(7) Interests; and
(8) Informed choice.
(d)
The designated state unit shall provide the following information to
each eligible individual or, as appropriate, the individual's representative,
in writing and, if appropriate, in the native language or mode of communication
of the individual or the individual's representative:
(1) Information on the available options for
developing the individualized plan for employment, including the option that an
eligible individual or, as appropriate, the individual's representative may
develop all or part of the individualized plan for employment with or without
assistance from the designated state unit or other entity or individual; and
(2) Additional information to assist the eligible
individual or, as appropriate, the individual's representative in developing
the individualized plan for employment, including:
a. Information describing the full range of
components that shall be included in an individualized plan for employment;
b. As appropriate to each eligible individual:
1. An explanation of the criteria in Ed 1008 for
determining an eligible individual's financial commitments under an
individualized plan for employment;
2. Information on the availability of assistance
in completing designated state unit forms required as part of the
individualized plan for employment; and
3. Additional information that the eligible
individual requests or the designated state unit determines to be necessary to
the development of the individualized plan for employment;
c. A description of the rights and remedies
available to the individual, including, if appropriate, recourse to the
processes described in Ed 1004; and
d. A description of the availability of a client
assistance program established under 34 CFR 370 and information on how to
contact the client assistance program.
(e)
The individualized plan for employment shall be:
(1) A written document prepared on forms provided
by the designated state unit that contain the information in Ed 1010.13;
(2) Developed and implemented in a manner that
gives eligible individuals the opportunity to exercise informed choice,
consistent with Ed 1012, in selecting:
a. The employment outcome, including the
employment setting;
b. The specific
vocational rehabilitation services needed to achieve the employment outcome,
including the settings in which services will be provided;
c. The entity or entities that will provide the
vocational rehabilitation services; and
d. The methods available for procuring the
services;
(3) Agreed to and signed by the eligible
individual or, as appropriate, the individual's representative;
(4) Approved and signed by a vocational rehabilitation
counselor or other qualified personnel employed by the designated state unit;
(5) Provided to
the eligible individual along with a copy of any amendments to the
individualized plan for employment in writing or, as appropriate, to the individual's
representative, and, if appropriate, in the native language or mode of
communication of the individual;
(6) Reviewed at
least annually by a vocational rehabilitation counselor or other qualified
personnel and the eligible individual or, as appropriate, the individual's
representative to assess the eligible individual's progress in achieving the
identified employment outcome;
(7) Amended, as necessary, by the
individual or, as appropriate, the individual's representative as follows:
a. The individualized plan for employment shall
be amended in collaboration with a representative of the designated state unit
or a vocational rehabilitation counselor or other qualified personnel, to the
extent determined to be appropriate by the individual;
b. The individualized plan for employment shall
be amended if there are substantive changes in the employment outcome, the
vocational rehabilitation services to be provided, or the providers of the
vocational rehabilitation services; and
c. Amendments to the individualized plan for
employment shall not take effect until agreed to and signed by the eligible
individual or, as appropriate, the individual's representative and by a
vocational rehabilitation counselor employed by the designated state unit; and
(8) Developed for a student with a disability
receiving special education services:
a. In consideration of the student's
individualized education plan; and
b. In accordance
with the plans, policies, procedures, and terms of the interagency agreement required
under the state plan.
(f)
The designated state unit shall establish and implement standards for
the prompt development of individualized plan for employment for the
individuals identified under Ed 1010.12(a), including timelines that take into consideration
the needs of the individuals.
(g)
To the extent possible, the employment outcome and the nature and scope
of rehabilitation services to be included in the individual's individualized
plan for employment shall be determined based on the data used for the
assessment of eligibility and priority for services under Ed 1010.03 through Ed
1010.09 without a comprehensive assessment.
(h)
The individualized plan for employment shall be prepared based on a
comprehensive assessment as follows:
(1) If additional data are necessary to determine
the employment outcome and the nature and scope of services to be included in
the individualized plan for employment of an eligible individual, the division
shall conduct a comprehensive assessment of the unique:
a. Strengths;
b. Resources;
c. Priorities;
d. Concerns;
e. Abilities;
f. Capabilities;
g. Interests; and
h. Informed choice, including the need for
supported employment services, of the eligible individual, in the most integrated
setting possible, and consistent with the informed choice of the individual in
accordance with the provisions of 34 CFR 361.5(b)(6)(ii); and
(2) In preparing the comprehensive assessment,
the designated state unit shall use, to the maximum extent possible and
appropriate and in accordance with confidentiality requirements, existing
information that is current as of the date of the development of the
individualized plan for employment, including:
a. Information available from other programs and
providers, including information used by education officials and the Social
Security Administration;
b. Information provided by the individual and
the individual's family; and
c. Information obtained under the assessment for
determining the individual's eligibility and vocational rehabilitation needs.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.13 Content of the Individualized Plan for
Employment.
(a)
Each individualized plan for employment shall include:
(1) A description of the specific employment
outcome that is chosen by the eligible
individual and that is consistent with the individual's unique strengths,
resources, priorities, concerns, abilities, capabilities, career interests, and
informed choice;
(2) A description of the specific rehabilitation
services under Ed 1010.15 that are:
a. Needed to achieve the employment outcome,
including, as appropriate, the provision of assistive technology devices,
assistive technology services, and personal assistance services, including
training in the management of those services; and
b. Provided in the most integrated setting that
is appropriate for the services involved and that is consistent with the
informed choice of the eligible individual;
(3) Timelines for the achievement of the
employment outcome and for the initiation of services;
(4) A description of the entity or entities
chosen by the eligible individual or, as appropriate, the individual's
representative that will provide the vocational rehabilitation services and the
methods used to procure those services;
(5) A description of the criteria that will be
used to evaluate progress toward achievement of the employment outcome; and
(6) The terms and
conditions of the individualized plan for employment, including, as
appropriate, information describing:
a. The responsibilities of the designated state
unit;
b. The responsibilities of the eligible
individual, including:
1. The
responsibilities the individual will assume in relation to achieving the
employment outcome;
2. If applicable,
the extent of the individual's participation in paying for the cost of
services; and
3. The
responsibility of the individual with regard to applying for and securing
comparable services and benefits as described in Ed 1007; and
c. The responsibilities of other entities as the
result of arrangements made pursuant to the comparable services or benefits
requirements in Ed 1007.
(b)
An individualized plan for employment for an individual with a most
significant disability for whom an employment outcome in a supported employment
setting has been determined to be appropriate shall:
(1) Specify the supported employment services to
be provided by the designated state unit;
(2) Specify the expected extended services
needed, which may include natural supports provided through the people and environments
a person encounters that enhance the potential for inclusion more effectively
than relying on specialized services and personnel, such as:
a. Relationships with coworkers;
b. The social support of family and friends;
c. Social networks; and
d. Established resources within one's community
including religious centers, recreational activities and support groups;
(3) Identify the source of extended services or,
to the extent that it is not possible to identify the source of extended services
at the time the individualized plan for employment is developed, include a
description of the basis for concluding that there is a reasonable expectation
that those sources will become available;
(4) Provide for periodic monitoring to ensure that
the individual is making satisfactory progress toward meeting the weekly work
requirement established in the individualized plan for employment by the time
of transition to extended services;
(5) Provide for
the coordination of services provided under an individualized plan for
employment with services provided under other individualized plans established
under other federal or state programs;
(6) To the extent that job skills training is
provided, identify that the training will be provided on site; and
(7) Include placement in an integrated setting
for the maximum number of hours possible based on the unique:
a. Strengths;
b. Resources;
c. Priorities;
d. Concerns;
e. Abilities;
f. Capabilities;
g. Interests; and
h. Informed choice of individuals with the most
significant disabilities.
(c)
The individualized plan for employment for each individual shall
contain, as determined to be necessary, statements concerning:
(1) The expected need for post-employment services
prior to closing the record of services of an individual who has achieved an
employment outcome;
(2) A description of the terms and conditions for
the provision of any post-employment services; and
(3) If appropriate, a statement of how
post-employment services will be provided or arranged through other entities as
the result of arrangements made pursuant to the comparable services or benefits
requirements in Ed 1007.
(d)
The individualized plan for employment for a student with a disability
who is receiving special education services shall be coordinated with the
individualized education plan of that individual in terms of the goals,
objectives, and services identified in the individualized education plan.
(e)
Notwithstanding the content of the individualized plan for employment
set out above, the designated state unit of vocational rehabilitation, department of
education shall not fund or assist in the funding of intensive hospitalization
or surgery including, but not limited to, organ or bone marrow transplantations
pursuant to Chapter 252:2 of the laws of 1993 as set forth in Ed 1010.13.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.14 Record of Services. The designated state unit shall maintain for
each applicant and eligible individual a record of services that includes, to
the extent pertinent, the following documentation:
(a)
If an applicant has been determined to be an eligible individual,
documentation in the form of written notification of eligibility supporting
that determination in accordance with the requirements under Ed 1010.03 through
Ed 1010.09;
(b) If an applicant or eligible individual
receiving services under an individualized plan for employment has been
determined to be ineligible, documentation in the form of written notification
of ineligibility supporting that determination in accordance with the
requirements under Ed 1010.10;
(c)
Documentation in the form of case notes, an amendment to the
individualized plan for employment, or a letter to an applicant or eligible
individual that describes the justification for closing an applicant's or eligible
individual's record of services if that closure is based on reasons other than
ineligibility, including, as appropriate, documentation indicating that the
designated state unit has satisfied the requirements in Ed 1010.11;
(d)
If an individual has been determined to be an individual with a
significant disability or an individual with a most significant disability,
documentation in accordance with 34 CFR 361.42(d) supporting that
determination;
(e)
Documentation supporting the need for, and the plan relating to, the
extended evaluation or trial work experiences in accordance with the
requirements under Ed 1010.07 and Ed 1010.08 if an individual with a
significant disability requires trial work experiences or an extended
evaluation;
(f)
The individualized plan for employment, and any amendments to the
individualized plan for employment, consistent with the requirements under Ed
1010.13;
(g)
Documentation describing the extent to which the applicant or eligible
individual exercised informed choice regarding the provision of assessment
services and the extent to which the eligible individual exercised informed
choice in the development of the individualized plan for employment with
respect to the selection of the:
(1) Specific employment outcome;
(2) Specific vocational rehabilitation services
needed to achieve the employment outcome;
(3) Entity to provide the services;
(4) Employment setting;
(5) Settings in which the services will be
provided; and
(6) Methods to procure the services;
(h)
In the event that an individual's individualized plan for employment
provides for vocational rehabilitation services in a non-integrated setting, a
justification in the individualized plan for employment to support the need for
the non-integrated setting;
(i)
In the event that an individual obtains competitive employment,
verification that the individual is compensated at or above the minimum wage
and that the individual's wage and level of benefits are not less than that
customarily paid by the employer for the same or similar work performed by
non-disabled individuals in accordance with 34 CFR 361.5(b)(11)(ii);
(j)
In the event an individual achieves an employment outcome in which the
individual is compensated in accordance with section 14(c) of the Fair Labor
Standards Act, 29 CFR 525, or the designated state unit closes the record of
services of an individual in extended employment on the basis that the
individual is unable to achieve an employment outcome or that an eligible
individual through informed choice chooses to remain in extended employment,
documentation of the:
(1) Results of the annual reviews required under
Ed 1013;
(2) Individual's input into those reviews; and
(3) Individual's or, if appropriate, the
individual's representative's acknowledgment that those reviews were conducted;
(k)
Documentation concerning any action or decision resulting from a request
by an individual under Ed 1004 for a review of determinations made by the
designated state unit;
(l) In the event that an applicant or
eligible individual requests under Ed 1003.03(i) that documentation in the
record of services be amended and the documentation is not amended,
documentation of the request;
(m)
In the event an individual is referred to another program through the
designated state unit’s information and referral system under Ed 1009,
including other components of the statewide workforce investment system,
documentation on the nature and scope of services provided by the designated
state unit to the individual and on the referral itself, consistent with the
requirements of Ed 1009;
(n)
In the event an individual's record of service is closed under Ed 1014,
documentation that demonstrates the services provided under the individual's
individualized plan for employment contributed to the achievement of the
employment outcome; and
(o)
In the event an individual's record of service is closed under Ed 1014,
documentation verifying that the provisions of Ed 1014 have been satisfied.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1010.15 Scope of Vocational Rehabilitation
Services for Individuals with Disabilities.
(a)
As appropriate to the vocational rehabilitation needs of each individual
and consistent with each individual's informed choice, the following vocational
rehabilitation services shall be available to assist the individual with a
disability in preparing for, securing, retaining, or regaining an employment
outcome that is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice:
(1) Assessment for determining eligibility and
priority for services by qualified personnel, including, if appropriate, an assessment
by personnel skilled in rehabilitation technology, in accordance with Ed
1010.03 through Ed 1010.09;
(2) Assessment for determining vocational
rehabilitation needs by qualified personnel, including, if appropriate, an
assessment by personnel skilled in rehabilitation technology, in accordance
with Ed 1010.12;
(3) Vocational
rehabilitation counseling and guidance, including information and support
services to assist an individual in exercising informed choice in accordance
with Ed 1012;
(4) Referral and other services necessary to
assist applicants and eligible individuals to secure needed services from other
agencies, including other components of the statewide workforce investment
system, in accordance with 34 CFR 361.23 and 34 CFR 361.24, and Ed 1008, and to
advise those individuals about client assistance programs established under 34
CFR 370;
(5) Physical and mental restoration services, to
the extent that financial support is not readily available from a source other
than the designated state unit such as through health insurance or a comparable
service or benefit;
(6) Vocational and other training services,
including personal and vocational adjustment training, books, tools, and other training
materials, except that no training or training services in an institution of
higher education such as universities, colleges, community or junior colleges,
vocational schools, technical institutes, or hospital schools of nursing, shall
be paid for with funds under the state vocational rehabilitation services
program unless maximum efforts have been made by the designated state unit and
the individual to secure grant assistance in whole or in part from other
sources to pay for that training;
(7) Maintenance;
(8) Transportation in connection with the
rendering of any vocational rehabilitation service;
(9) Vocational rehabilitation services to family
members of an applicant or eligible individual if necessary to enable the
applicant or eligible individual to achieve an employment outcome;
(10) Interpreter services, including sign language
and oral interpreter services, for individuals who are deaf or hard of hearing,
and tactile interpreting services for individuals who are deaf-blind provided by
qualified personnel;
(11) Reader services, rehabilitation teaching
services, and orientation and mobility services for individuals who are blind;
(12) Job-related services, including job search
and placement assistance, job retention services, follow-up services, and
follow-along services;
(13) Supported employment services;
(14) Personal assistance services;
(15) Post-employment services;
(16) Occupational licenses, tools, equipment,
initial stocks, and supplies;
(17)
Rehabilitation technology, including vehicular modification,
telecommunications, sensory, and other technological aids and devices;
(18) Transition services;
(19) Technical assistance and other consultation
services to conduct market analyses, develop business plans, and otherwise
provide resources, to the extent those resources are authorized to be provided
through the statewide workforce investment system, to eligible individuals who
are pursuing self-employment or telecommuting or establishing a small business
operation as an employment outcome; and
(20) Other goods and services necessary for the
individual with a disability to achieve an employment outcome as determined in
the individualized plan for employment.
(b)
Scope of services shall not include services prohibited by Chapter 252:2
of the laws of 1993 as set out in Ed 1010.13(e).
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed
1010.16 Provision of Services
for Individuals with Disabilities.
(a)
The provision of services shall be based on the rehabilitation needs of
each individual as identified in that individual's individualized plan for
employment and shall be consistent with the individual's informed choice. There shall not be any arbitrary limits on
the nature and scope of vocational rehabilitation services to be provided to
the individual to achieve an employment outcome, or on the timely authorization
of services that shall be consistent with the individualized plan for
employment.
(b)
If the individual chooses an out-of-state service at a higher cost than
an in-state service, if either service would meet the individual's
rehabilitation needs, the designated state unit shall not be responsible for
those costs in excess of the cost of the in-state service.
(c)
The designated state unit:
(1) Shall establish for each provider a provider
fee schedule to govern the rates of payment for all purchased vocational
rehabilitation services listed under Ed 1010.15; and
(2) Shall not place absolute dollar limits on
specific service categories or on the total services provided to an individual.
(d)
The provider fee schedule shall be consistent with:
(1) The fees charged by medical and psychological
providers;
(2) Rates negotiated between the designated state
unit and community rehabilitation programs;
(3) Interpreter fees charged for services under
Ed 1010.15(a)(10);
(4) Tuition rates charged by an institution of
higher education such as universities, colleges, community or junior colleges,
vocational schools, technical institutes, or hospital schools of nursing; and
(5) The cost of services provided to individuals
under Ed 1010.15(a)(7), (8), (9), (10), (16), (17), (19), and (20).]
(e)
Time periods for the provision of services shall not be so short as to
effectively deny an individual a necessary service. Time periods shall not be
absolute and shall be extended in the event the individual cannot get the
services in the identified time frame so that individual needs can be
addressed.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1011 STANDARDS FOR PROVIDERS OF SERVICES
Ed 1011.01 Special Communication Needs Personnel. Providers of vocational rehabilitation
services shall be able to communicate:
(a)
In the native language of applicants and eligible individuals who have
limited English speaking ability; and
(b) By using appropriate modes of
communication used by applicants and eligible individuals consistent with the
informed choice of those applicants and individuals.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1012 INFORMED CHOICE
Ed 1012.01 Informed Choice.
(a)
Each applicant or eligible individual shall exercise informed choice
throughout the vocational rehabilitation process.
(b)
The designated state unit shall implement informed choice by:
(1) Informing each applicant and eligible
individual, including students with disabilities who are making the transition
from programs under the responsibility of an educational agency to programs
under the responsibility of the designated state unit, through appropriate
modes of communication, about the availability of and opportunities to exercise
informed choice, including the availability of support services for individuals
with cognitive or other disabilities who require assistance in exercising
informed choice throughout the vocational rehabilitation process;
(2) Assisting applicants and eligible individuals
in exercising informed choice in decisions related to the provision of
assessment services;
(3) Affording eligible individuals meaningful
choices among the methods used to procure vocational rehabilitation services;
and
(4) Assisting eligible individuals or, as
appropriate, the individuals' representatives, in acquiring information that
enables them to exercise informed choice in the development of their
individualized plan for employment with respect to the selection of the:
a. Employment outcome;
b. Specific vocational rehabilitation services
needed to achieve the employment outcome;
c. Entity that will provide the services;
d. Employment setting and the settings in which
the services will be provided; and
e. Methods available for procuring the services.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1012.02 Information and Assistance in the
Selection of Vocational Rehabilitation Services and Service Providers.
(a) In assisting an applicant and
eligible individual in exercising informed choice during the assessment for
determining eligibility and vocational rehabilitation needs and during
development of the IPE, the designated state unit shall provide the individual
or the individual's representative, or assist the individual or the
individual's representative in acquiring, information necessary to make an
informed choice about the specific vocational rehabilitation services,
including the providers of those services, that are needed to achieve the
individual's employment outcome.
(b)
The information in Ed 1012.02(a) shall include, at a minimum,
information relating to the:
(1) Cost, accessibility, and duration of
potential services;
(2) Consumer satisfaction with those services to the
extent that information relating to consumer satisfaction is available;
(3) Qualifications of potential service
providers;
(4) Types of services offered by the potential
providers;
(5) Degree to which services are provided in
integrated settings; and
(6) Outcomes achieved by individuals working with
service providers, to the extent that such information is available.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1012.03 Methods or Sources of Information.
(a)
In providing or assisting the individual or the individual's
representative in acquiring the information required under Ed 1012.02, the
designated state unit shall use, to the extent available, the following methods
or sources of information:
(1) Lists of services and service providers;
(2) Periodic consumer satisfaction surveys and
reports;
(3) Referrals to other consumers, consumer
groups, or disability advisory councils qualified to discuss the services or service
providers;
(4) Relevant accreditation, certification, or
other information relating to the qualifications of service providers; and
(5) Opportunities for individuals to visit or
experience various work and service provider settings.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1013 ANNUAL REVIEW OF INDIVIDUALS IN EXTENDED
EMPLOYMENT AND OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE PROVISIONS OF THE
FAIR LABOR STANDARDS ACT
Ed 1013.01 Annual Review.
(a)
The provisions of Ed 1013 shall apply to any individual with a
disability served under the state vocational rehabilitation services program:
(1) Who has achieved an employment outcome in
which the individual is compensated in accordance with section 14(c) of the
Fair Labor Standards Act, 29 CFR 525; or
(2) Whose record of services is closed while the
individual is in extended employment on the basis that the individual is unable
to achieve an employment outcome or that the individual made an informed choice
to remain in extended employment.
(b)
For each individual with a disability who meets the criteria in Ed
1013.01(a), the designated state unit shall:
(1) Annually review and reevaluate the status of
each individual for 2 years after the individual's record of services is
closed, and thereafter if requested by the individual or, if appropriate, the
individual's representative, determine the interests, priorities, and needs of
the individual with respect to competitive employment or training for
competitive employment;
(2) Enable the individual or, if appropriate, the
individual's representative to provide input into the review and reevaluation
and shall document that input in the record of services, consistent with Ed
1010.14(j), with the individual's or, as appropriate, the individual's
representative's signed acknowledgment that the review and reevaluation have
been conducted; and
(3) Identify and provide vocational
rehabilitation services, reasonable accommodations, and other necessary support
services, to assist the individual in engaging in competitive employment.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1014 REQUIREMENTS FOR CLOSING THE RECORD OF
SERVICES OF AN INDIVIDUAL WHO HAS ACHIEVED AN EMPLOYMENT OUTCOME
Ed 1014.01 Closing the Record of Services. The record of services of an individual who
has achieved an employment outcome shall be closed only if all the requirements
of Ed 1014.02 through Ed 1014.05 have been met.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1014.02 Employment Outcome Achieved. The individual shall have achieved the employment outcome
that is described in the individual's individualized plan for employment in
accordance with Ed 1010.13(a)(1) and that is consistent with the individual's
strengths, resources, priorities, concerns, abilities, capabilities, interests,
and informed choice.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1014.03 Employment Outcome Maintained. The individual shall have maintained the
employment outcome for not less than 90 days necessary to ensure the stability
of the employment outcome, and that the individual no longer needs vocational
rehabilitation services.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1014.04 Satisfactory Outcome. At the end of the 90 day period under Ed
1014.03, the individual and the rehabilitation counselor employed by the
designated state unit shall have considered the employment outcome to be satisfactory,
and shall have agreed that the individual is performing well in the employment.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
Ed 1014.05 Post-Employment Services. The individual shall be informed through
appropriate modes of communication of the availability of post-employment
services.
Source. #8030, eff 1-22-04; ss by #10074, eff 1-19-12
PART Ed 1015 SUPPORTED EMPLOYMENT
SERVICES PROGRAM
Ed 1015.01 Purpose. The purpose of Ed 1015 is to develop and
implement a collaborative program with appropriate entities, consistent with
state and federal law, to provide a program of supported employment services
for individuals with the most significant disabilities who require supported
employment
services to enter or retain competitive employment.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.02 Definitions. Except where the context makes another
meaning clear, the following words have the meaning indicated when used in Ed
1015:
(a) “Competitive
employment” means “competitive employment” as defined in 34 CFR 363.6(c)(2)(i).
(b) “Extended services” means “extended services”
as defined in 34 CFR 363.6(c)(iv).
(c) “Individual with a disability” means
“individual with a disability” as defined in 34 CFR 369.4(b).
(d) “Integrated setting” means “integrated
setting” as defined in 34 CFR 363.6(c)(2)(ii).
(e) “Nonprofit” means “nonprofit” as defined in
34 CFR 77.1(c).
(f) “On-going support services” means “on-going
support services” as defined in 34 CFR 363.6(c)(3).
(g) “Supported employment” means “supported
employment” as defined in 34 CFR 363.6(c)(1).
(h) “Supported employment services” means
“supported employment services” as defined in 34 CFR 363.6(c)(2)(iii).
(i) “Transitional employment” means “transitional
employment” as defined in 34 CFR 363.6(c)(v).
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.03 Eligibility for Services. In order to be considered for services under
the state supported employment services program, an individual shall:
(a) Be eligible for vocational rehabilitation
services in accordance with the provisions in Ed 1010.04 through Ed 1010.09;
(b) Be an individual with the most significant
disabilities; and
(c) Have supported employment identified as the
appropriate rehabilitation objective for the individual on the basis of a
comprehensive assessment of rehabilitation needs, including an evaluation of
rehabilitation, career, and job needs.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.04 Authorized Activities. Activities authorized by the state supported
employment services program shall include the following:
(a) A particularized assessment that is needed to
supplement the assessment for determining eligibility and vocational
rehabilitation needs done under Ed 1010.04 through Ed 1010.09 and that is
provided subsequent to the development of the IPE in accordance with 34 CFR 363.4(a);
(b) Development of and placement in jobs for
individuals with the most significant disabilities; and
(c) Supported employment services that are needed
to support individuals with the most significant disabilities in employment
including but not be limited to the following:
(1) Intensive on-the-job skills
training and other training provided by skilled job trainers, co-workers, and
other qualified individuals, and other services specified in the Act, 29 USC
701.103(a), in order to achieve and maintain job stability;
(2) Follow-up services, including regular contact with employers,
trainees with the most significant disabilities, parents, guardians or other
representatives of trainees, and other suitable professional and informed
advisors in order to reinforce and stabilize the job placement; and
(3) Discrete post-employment
services following transition that are unavailable from an extended services
provider and that are necessary to maintain the job placement, such as job
station redesign, repair and maintenance of assistive technology, and
replacement of prosthetic and orthotic devices.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.05 Developing Collaborative Agreements.
(a) The designated state unit shall enter into one or more written cooperative
agreements or memoranda of understanding with other state agencies, private
nonprofit organizations, and other available funding sources to ensure
collaboration in a plan to provide supported employment services and extended
services to individuals with the most significant disabilities.
(b) A cooperative agreement or memorandum of
understanding shall, at a minimum, specify the following:
(1) The supported employment
services to be provided by the designated state unit with funds received under a federal grant for the state supported
employment services program;
(2) The extended services to be
provided by state agencies, private nonprofit organizations, or other sources
following the cessation of supported employment services under Ed 1015;
(3) The estimated funds to be
expended by the participating party or parties in implementing the agreement or
memorandum; and
(4) The projected number of
individuals with the most significant disabilities who will receive supported
employment services and extended services under the agreement or memorandum.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.06 Information Collection and Reporting
Requirements.
(a) The designated state unit shall collect and report information as required
under the Act, 29 USC 701.13, for each individual with the most significant
disabilities served under the supported employment services program.
(b) The designated state unit shall collect and report separately information
for:
(1) Supported employment clients
served under the supported employment services program; and
(2) Supported employment clients
served under Ed 1010.15 and Ed 1010.16.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.07 Coordinating Services and Activities. The designated state unit shall coordinate the services provided to an
individual under Ed 1015 and under Ed 1010.15 and Ed 1010.16 to ensure that the
services are complementary and not duplicative.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.08 Transition of an Individual to Extended
Services. The designated state
unit shall provide for the transition of an
individual with the most significant disabilities to extended services no later
than 18 months after placement in supported employment, unless a longer period
is established in the IPE, and only if the individual has made substantial
progress toward meeting the hours-per-week work goal provided for in the IPE,
the individual is stabilized in the job, and extended services are available
and can be provided without a hiatus in services.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.09 Requirements for Successfully
Rehabilitating an Individual in Supported Employment. An individual with the most significant
disabilities who is receiving supported employment services shall be considered
to be successfully rehabilitated if the individual maintains a supported
employment placement for 90 days after making the transition to extended
services.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1015.10 Client Assistance Program. The designated state unit shall advise applicants for or recipients of
services under Ed 1015, or as appropriate, the parents, family members,
guardians, advocates, or authorized representatives of those individuals, of
the availability and purposes of the Client Assistance Program established in
New Hampshire under the Act, 29 USC 701.112, including information on seeking
assistance from that program.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
PART Ed 1016 GENERAL PROVISIONS
FOR INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING
PROGRAM
Ed 1016.01 Purpose. The purpose of the state independent living
services program and the centers for independent living program is to promote a
philosophy of independent living, including a philosophy of consumer control,
peer support, self-help, self-determination, equal access, and individual and
system advocacy, to maximize the leadership, empowerment, independence, and
productivity of individuals with significant disabilities, and to promote and
maximize the integration and full inclusion of individuals with significant disabilities
into the mainstream of American society.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.02 Definitions. Except where the context makes another
meaning clear, the following words have the meaning indicated when used in Ed
1016:
(a) “Administrative support services” means
“administrative support services” as defined in 34 CFR 364.4(b).
(b) “Advocacy” means “advocacy” as defined in 34
CFR 364.4(b).
(c) “Applicant” means “applicant” as defined in
34 CFR 77.1(c).
(d) “Application” means “application” as defined
in 34 CFR 77.1(c).
(e) “Attendant care” means “attendant care” as
defined in 34 CFR 364.4(b).
(f) “Award” means “award” as defined in 34 CFR
74.2.
(g) “Center for independent living” (CIL) means
“center for independent living” as defined in 34 CFR 364.4(b).
(h) “Centers for independent living program”
means the centers for independent living program authorized by chapter 1 of
title VII of the Act.
(i) “Consumer control” means “consumer control”
as defined in 34 CFR 364.4(b).
(j) “Cross-disability” means “cross-disability”
as defined in 34 CFR 364.4(b).
(k) “Department” means the U.S. Department of
Education.
(l) “Decision making position” means “decision
making position” as defined in 34 CFR 366.5.
(m) “Eligible agency”
means “eligible agency” as defined in 34 CFR 364.4(b).
(n) “Fiscal year” means “fiscal year” as defined
in 34 CFR 77.1(c).
(o) “Independent living core services” mean
“independent living core services” as defined in 34 CFR 364.4(b).
(p) “Independent living
services” (IL) mean “independent living services” as defined in 34 CFR
364.4(b).
(q) “Individual with a disability” means
“individual with a disability” as defined in 34 CFR 364.4(b).
(r) “Individual with a significant disability”
means “individual with a significant disability” as defined in 34 CFR 364.4(b).
(s) “Legally authorized advocate
or representative” means “legally authorized advocate or representative” as
defined in 34 CFR 364.4(b).
(t) “Minority group” means “minority group” as
defined in 34 CFR 364.4(b).
(u) “Nonprofit” means
“nonprofit” as defined in 34 CFR 77.1(c).
(v) “Nonresidential” means “nonresidential” as
defined in 34 CFR 364.4(b).
(w) “Peer relationships” mean “peer
relationships” as defined in 34 CFR 364.4(b).
(x) “Peer role models” means “peer role models”
as defined in 34 CFR 364.4(b).
(y) “Personal assistance
services” means “personal assistance services” as defined in 34 CFR 364.4(b).
(z) “Private” means
“private” as defined in 34 CFR 77.1(c).
(aa) “Project” means
“project” as defined in 34 CFR 77.1(c).
(ab) “Public” means
“public” as defined in 34 CFR 77.1(c).
(ac) “Secretary” means the
Secretary of the U.S. Department of Education.
(ad) “Service provider” means:
(1) A CIL that receives financial
assistance under Parts B or C of Chapter 1 of Title VII of the section 711(c) and 29 U.S.C.
796(e); or
(2) Any other entity or individual
that meets the requirements of 34 CFR 364.43(e) and provides IL services under
a grant or contract from the designated state unit pursuant to 34 CFR 364.43(b).
(ae) “Significant disability” means “significant
disability” as defined in 34 CFR 364.4(b).
(af) “Staff position” means “staff position” as
defined in 34 CFR 366.5.
(ag) “State independent living services program”
(SILS) means the state independent living services program authorized by
chapter 1 of title VII of the Act.
(ah) “Statewide independent living council” (SILC)
means the statewide independent living council established under 34 CFR 364.21.
(ai) “State plan” means “state plan” as defined in
34 CFR 364.4(b).
(aj) “Transportation” means “transportation” as
defined in 34 CFR 364.4(b).
(ak) “Unserved and underserved groups or
populations” means “unserved and underserved groups or populations” as defined
in 34 CFR 364.4(b).
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.03 Requirements for Processing Referrals and
Applications. The service provider
shall apply the standards and procedures established by the designated state
unit under Ed 1017.04 to handle referrals
and applications for IL services from individuals with significant
disabilities.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.04 Requirements for Determining Eligibility.
(a) Before or at the same time that an applicant
for IL services may begin receiving IL services funded under Ed 1016, the
service provider shall determine the applicant's eligibility and maintain documentation
that the applicant has met the basic requirements specified in 34 CFR 364.40
relative to assuring that any individual with a significant disability is
eligible to receive IL services.
(b) The documentation for eligibility shall be
dated and signed by a staff member of the service provider.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.05 Requirements for Determining Ineligibility.
(a) If a determination is made that an applicant
for IL services is not an individual with a significant disability, the service
provider shall provide documentation of the ineligibility determination that is
dated and signed by a staff member.
(b) The service provider shall determine an
applicant to be ineligible for IL services only after full consultation with
the applicant or, if the applicant chooses, the applicant's parent, guardian,
or other legally authorized advocate or representative, or after providing a
clear opportunity for this consultation.
(c) The service provider shall notify the
applicant in writing of the action taken for the ineligibility determination
and inform the applicant or, if the applicant chooses, the applicant's parent,
guardian, or other legally authorized advocate or representative, of the
applicant's rights and the means by which the applicant may appeal the action
taken.
(d) The service provider shall provide a detailed
explanation of the availability and purposes of the Client Assistance Program
established in New Hampshire under the Act, 29 USC 701.112, including
information on how to contact the program.
(e) If appropriate, the service provider shall
refer the applicant to other agencies and facilities, including the designated state
unit.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.06 Review of Ineligibility Determination.
(a) If an applicant for IL services has been
found ineligible, the service provider shall review the applicant's
ineligibility at least once within 12 months after the ineligibility
determination has been made and whenever the service provider determines that
the applicant's status has materially changed.
(b) The review shall not be conducted in
situations where the applicant has refused the review, the applicant is no
longer present in
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.07 Requirements for an Independent Living
Plan.
(a) Unless the individual who is to be provided
IL services under Ed 1016 signs a waiver in accordance with Ed 1016.07(b), the
service provider, in collaboration with the individual with a significant
disability, shall develop and periodically review an IL plan for the individual
in accordance with the requirements in Ed 1016.08-Ed 1016.11.
(b) The requirements of Ed 1016.07 with respect
to an IL plan shall not apply if the individual knowingly and voluntarily signs
a waiver stating that an IL plan is unnecessary.
(c) Subject to Ed 1016.07(b), the service
provider shall provide each IL service in accordance with the IL plan.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.08 Initiation and Development of an
Independent Living Plan.
(a) Development of an individual's IL plan shall
be initiated after documentation of eligibility under Ed 1016.04(a) and shall
indicate the goals or objectives established, the services to be provided, and
the anticipated duration of the service program and each component service.
(b) The IL plan shall be developed jointly and
signed by a staff member of the service provider and the individual with a
significant disability or, if the individual chooses, by the individual's
guardian, parent, or other legally authorized advocate or representative.
(c) A copy of the IL plan, and any amendments,
shall be provided in an accessible format to the individual with a significant
disability that uses appropriate modes of communication consistent with the
informed choice of the individual.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.09 Review.
(a) The IL plan shall be reviewed as often as
necessary but at least on an annual basis to determine whether services should
be continued, modified, or discontinued, or whether the individual should be
referred to a program of vocational rehabilitation services under Ed 1010.15
and Ed 1010.16 or to any other program of assistance.
(b) Each individual with a significant disability
or, if consistent with state law and the individual chooses, the individual's
guardian, parent, or other legally authorized advocate or representative, shall
be given an opportunity to review the IL plan and, if necessary, jointly
redevelop and agree by signature to its terms.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.10 Coordination with Vocational
Rehabilitation, Developmental Disabilities, and Special Education Programs. The development of the IL plan and the
provision of IL services shall be coordinated to the maximum extent possible
with any individualized:
(a) Written rehabilitation program for vocational
rehabilitation services for that individual;
(b) Habilitation program for the individual
prepared under the Developmental Disabilities Assistance and Bill of Rights
Act, 42 USC 15001; and
(c) Education program for the individual prepared
under part B of the Individuals with Disabilities Education Act, 34 CFR 300 and
303.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.11 Termination of Services. If the service provider intends to terminate
services to an individual receiving IL services under an IL plan, the service
provider shall follow the procedures in Ed 1016.05(c)-(e) and Ed 1016.06.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.12 Maintaining Records for the Individual.
(a) For each applicant for IL services other than
information and referral and for each individual receiving IL services other
than information and referral, the service provider shall maintain a service
record that includes:
(1) Documentation concerning
eligibility or ineligibility for services;
(2) The services requested by the
applicant or individual;
(3) Either the IL plan developed
with the applicant or individual or a waiver signed by the applicant or
individual stating that an IL plan is unnecessary;
(4) The services actually provided
to the applicant or individual; and
(5) The IL goals or objectives:
a. Established
with the applicant or individual, whether or not in the applicant’s or
individual’s IL plan; and
b. Achieved by the applicant or individual.
(b) A service record for an applicant and an
individual shall be maintained either electronically or in written form, except
that the IL plan and waiver shall be in writing.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.13 Durational Limitations on Independent
Living Services. The service
provider shall not impose any uniform durational limitations on the provision
of IL services, except as otherwise provided by federal law or regulation.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.14 Standards for Service Providers. In providing IL services to individuals with
significant disabilities, service providers shall comply with:
(a) The written standards for IL service
providers established by the designated state unit pursuant to Ed 1017.05; and
(b) All applicable state or federal licensure or
certification requirements.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.15 Use of Personal Information by Service
Providers.
(a) All personal information in the possession of
the service provider shall be used only for the purposes directly connected
with the provision of IL services.
(b) Information containing identifiable personal
information shall not be shared with advisory or other bodies that do not have
official responsibility for the provision of IL services.
(c) In the provision of IL services or the
administration of the IL program under which IL services are provided, the
service provider shall only obtain personal information from other service
providers and cooperating agencies under assurances that the information shall
not be further divulged, except as provided under Ed 1016.16 and Ed 1016.17.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.16 Release of Personal Information to
Recipients of Independent Living Services.
(a) Except as provided in Ed 1016.16(b) and (c),
if requested in writing by a recipient of IL services, the service provider
shall release all information in that individual's record of services to the
individual or the individual's legally authorized representative.
(b) Medical, psychological, or other information
that the service provider determines may be harmful to the individual shall not
be released directly to the individual, but shall be provided through a
qualified medical or psychological professional or the individual's legally
authorized representative.
(c) If personal information has been obtained
from another agency or organization, it shall be released only by, or under the
conditions established by, the other agency or organization.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.17 Release of Personal Information for Audit,
Evaluation, and Research.
(a) Personal information may be released to an
organization, agency, or individual engaged in audit, evaluation, or research
activities subject to the provisions of Ed 1016.17(b).
(b) Personal information shall be released only
if the organization, agency, or individual assures that:
(1) The information will be used
only for the purposes for which it is being provided;
(2) The information will be
released only to persons officially connected with the audit, evaluation, or
research;
(3) The information will not be
released to the involved individual;
(4) The information will be
managed in a manner to safeguard confidentiality; and
(5) The final product will not
reveal any personally identifying information without the informed written
consent of the involved individual or the individual's legally authorized
representative.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.18 Release to Other Programs or Authorities.
(a) Upon receiving the informed written consent
of the individual or, if appropriate, the individual's legally authorized
representative, the service provider shall release personal information to
another agency or organization for the latter's program purposes only to the
extent that the information is released to the involved individual under Ed
1016.16 and only to the extent that the other agency or organization
demonstrates that the information requested is necessary for the proper
administration of its program.
(b) Medical or psychological information shall be
released under Ed 1016.18(a) only if the other agency or organization assures
the service provider that the information will be used only for the purpose for
which it is being provided and will not be further released to the individual.
(c) The service provider shall release personal
information if required by federal laws or regulations.
(d) The service provider shall release personal
information in response to investigations in connection with law enforcement,
fraud, or abuse, unless expressly prohibited by federal or state laws or
regulations, and in response to judicial order.
(e) The service provider also shall release
personal information to protect the individual or others if the individual
poses a threat to his or her safety or to the safety of others.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1016.19 Review Procedures Available to Individuals.
(a) The review procedures in Ed 1004 shall be
available to an individual to request and receive a timely review of any
adverse decision made by the service provider concerning the individual's
request for IL services or the provision of IL services to the individual.
(b) Each service provider shall inform each
individual who seeks or is receiving IL services from the service provider
about the review procedures required by Ed 1016.19(a). The information about
the review procedures shall be in an accessible format that uses appropriate
modes of communication consistent with the informed choice of the individual.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
PART Ed 1017 STATE INDEPENDENT
LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING
Ed 1017.01 Definitions. Except where the context makes another
meaning clear, the following words have the meaning indicated when used in Ed
1017:
(a) “Administrative support services” means
“administrative support services” as defined in 34 CFR 364.4(b).
(b) “Advocacy” means “advocacy” as defined in 34
CFR 364.4(b).
(c) “Applicant” means “applicant” as defined in
34 CFR 77.1(c).
(d) “Application” means “application” as defined
in 34 CFR 77.1(c).
(e) “Attendant care” means “attendant care” as
defined in 34 CFR 364.4(b).
(f) “Award” means “award” as defined in 34 CFR
74.2.
(g) “Center for independent living” (CIL) means
“center for independent living” as defined in 34 CFR 364.4(b).
(h) “Centers for independent living program”
means the centers for independent living program authorized by chapter 1 of
title VII of the Act.
(i) “Consumer control” means “consumer control”
as defined in 34 CFR 364.4(b).
(j) “Cross-disability” means “cross-disability”
as defined in 34 CFR 364.4(b).
(k) “Department” means the U.S. Department of
Education.
(l) “Decision making position” means “decision
making position” as defined in 34 CFR 366.5.
(m) “Eligible agency”
means “eligible agency” as defined in 34 CFR 364.4(b).
(n) “Fiscal year” means
“fiscal year” as defined in 34 CFR 77.1(c).
(0) “Independent living
core services” mean “independent living core services” as defined in 34 CFR
364.4(b).
(p) “Independent living
services (IL)” mean “independent living services” as defined in 34 CFR
364.4(b).
(q) “Individual with a disability” means
“individual with a disability” as defined in 34 CFR 364.4(b).
(r) “Individual with a significant disability”
means “individual with a significant disability” as defined in 34 CFR 364.4(b).
(s) “Legally authorized
advocate or representative” means “legally authorized advocate or
representative” as defined in 34 CFR 364.4(b).
(t) “Minority group” means “minority group” as
defined in 34 CFR 364.4(b).
(u) “Nonprofit” means “nonprofit” as defined in
34 CFR 77.1(c).
(v) “Nonresidential” means “nonresidential” as
defined in 34 CFR 364.4(b).
(w) “Peer relationships” mean “peer
relationships” as defined in 34 CFR 364.4(b).
(x) “Peer role models” means “peer role models”
as defined in 34 CFR 364.4(b).
(y) “Personal assistance
services” means “personal assistance services” as defined in 34 CFR 364.4(b).
(z) “Private” means “private” as defined in 34
CFR 77.1(c).
(aa) “Project” means “project” as defined in 34
CFR 77.1(c).
(ab) “Public” means “public” as defined in 34 CFR
77.1(c).
(ac) “Secretary” means the Secretary of the U.S.
Department of Education.
(ad) “Service provider” means:
(1) A CIL that receives financial
assistance under Parts B or C of Chapter 1 of Title VII of the Act, section 711(c) and 29
U.S.C. 796(e); or
(2) Any other entity or individual
that meets the requirements of 34 CFR 364.43(e) and provides IL services under
a grant or contract from the designated state unit pursuant to 34 CFR 364.43(b).
(ae) “Significant disability” means “significant
disability” as defined in 34 CFR 364.4(b).
(af) “Staff position” means “staff position” as
defined in 34 CFR 366.5.
(ag) “State independent living services program”
(SILS) means the state independent living services program authorized by
chapter 1 of title VII of the Act.
(ah) “Statewide
independent living council” (SILC) means the statewide independent living
council established under 34 CFR 364.21.
(ai) “State plan” means “state plan” as defined in
34 CFR 364.4(b).
(aj) “Transportation” means “transportation” as
defined in 34 CFR 364.4(b).
(ak) “Unserved and underserved groups or
populations” means “unserved and underserved groups or populations” as defined
in 34 CFR 364.4(b).
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.02 Independent Living Core Services.
(a) The designated state unit shall provide directly, or through grants or
contracts, the following IL core services:
(1) Information and referral
services;
(2) IL skills training;
(3) Peer counseling, including
cross-disability peer counseling; and
(4) Individual and systems
advocacy.
(b) Funding for the core services provided under
this section shall meet the requirements of 34 CFR 365.21.
(c) The provisions of 34 CFR 365.23 shall apply
relative to making subgrants and contracts to provide IL services.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.03 Additional Independent Living Services. In addition to the IL core services provided
under Ed 1017.02, the designated
state unit shall also provide other IL
services defined in 34 CFR 364.4(b).
Funding for additional IL services shall meet the requirements of 34 CFR
365.22.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.04 Standards for Processing Referrals and
Applications. The following
standards and procedures shall be applied by service providers to handle
referrals and applications for IL services from individuals with significant
disabilities:
(a) An individual shall be eligible for IL
services if the individual has a significant physical, mental, cognitive, or
sensory impairment that limits the individual’s ability to function
independently in the family or in the community.
(b) Referrals shall be accepted for IL services
from individuals, community-based organizations, family members, and service
providers.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.05 Standards for Service Providers.
(a) Service providers that are not CILs shall
meet the following minimum standards for providing IL services:
(1) Be community based;
(2) Be nonprofit;
(3) Provide cross-disability
services and programs;
(4) Be consumer controlled so that
a majority of the members of the governing body are individuals with
disabilities; and
(5) Promote and practice a
philosophy of independent living.
(b) CILs under a contract with the designated state
unit shall meet the following minimum
standards and provide the following specialized IL services to individuals with
significant disabilities:
(1) Accessible van transportation;
(2) A transportation reimbursement
program;
(3) Adaptive equipment and home
access;
(4) Youth services; and
(5) Outreach to populations of
individuals with significant disabilities.
(c) Participating service providers shall provide
the designated
state unit with the information necessary
to show that they meet all applicable state licensure or certification
requirements in order to be eligible to enter into grants or contracts with the
designated state unit.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.06 Awarding Grants to Centers for Independent
Living.
(a) The director of the designated state
unit shall award grants under the Act, section 723, 29 USC
796f-1(a)(2) and Ed 1017.07-08 to CILs located within New Hampshire or
in a bordering state in a fiscal year if:
(1) The director submits to the
Secretary and obtains approval of an application to award grants for that
fiscal year under the Act, section 722, 29 USC 796f-1(a) and 34 CFR 366.32 (a) and (b);
and
(2) The Secretary determines that
the amount of state funds that were earmarked by New Hampshire to support the
general operation of CILs meeting the requirements of part C of chapter 1 of
title VII of the Act in the second fiscal year preceding the fiscal year for
which the application is submitted equaled or exceeded the amount of federal
funds allotted to New Hampshire under the Act, 29 USC 701.721, or part B of
title VII of the Act as in effect on October 28, 1992 for that preceding fiscal
year.
(b) For the purposes of Ed 1017.06-Ed 1017.15,
the second fiscal year preceding the fiscal year for which New Hampshire
submits an application to administer the CIL program shall be considered the
preceding fiscal year.''
(c) For the purposes of Ed 1017.06-Ed 1017.15,
earmarked funds are those funds described in 34 CFR 366.30 and 31.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.07 Order of Priorities for Allocating Funds
Among Centers for Independent Living.
(a) The director of the designated state
unit shall follow the order of priorities
in 34 CFR 366.22 for allocating funds among CILs within
(b) If the order of priorities in 34 CFR 366.22
is followed and, after meeting the priorities in 34 CFR 366.22(a)(1) and (2),
there are insufficient funds under New Hampshire’s allotment under the Act, 29
USC 701.721(c) and (d), to fund a new CIL under 34 CFR 366.22(a)(3), the
director shall:
(1) Use the excess funds in
(2) Return these funds to the
Secretary for reallotment in accordance with the Act, 29 USC 701.721(d).
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.08 Procedures for Making a Grant for a New
Center for Independent Living.
(a) In selecting from among applicants for a
grant for a new CIL under 34 CFR 366.24, the director of the designated state
unit and the chairperson of the SILC, or
other individual designated by the SILC to act on behalf of and at the
direction of the SILC, shall jointly appoint a peer review committee that shall
rank applications in accordance with the standards and assurances in section
725(b) and (c) of the Act, 29 USC 701.725(b) and (c), and 34 CFR 366.50 and 34
CFR 366.60-63.
(b) The peer review committee shall consider the
ability of each applicant to operate a CIL and shall recommend an applicant to
receive a grant for a new CIL based on either the selection criteria in 34 CFR
366.27 or the following:
(1) Evidence of the need for a
CIL, consistent with the state plan;
(2) Any past performance of the
applicant in providing services comparable to IL services;
(3) The plan for complying with,
or demonstrated success in complying with, the standards and the assurances in
the Act, 29 USC 701.725(b) and (c), and 34 CFR 366.50 and 34 CFR 366.60-63;
(4) The quality of key personnel
of the applicant and the involvement of individuals with significant
disabilities by the applicant;
(5) The budget and
cost-effectiveness of the applicant;
(6) The evaluation plan of the
applicant; and
(7) The ability of the applicant
to carry out the plans identified in Ed 1017.05(b)(3) and (6).
(c) The director of the designated state
unit shall award the grant on the basis of
the recommendations of the peer review committee if the actions of the
committee are consistent with federal and state law.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.09 Procedures for Review of Centers for
Independent Living.
(a) The director of the designated state
unit shall, in accordance with the Act, 29
USC 701.723(g)(1) and (h), review each CIL receiving funds under 29 USC 723 to
determine whether the CIL is in compliance with the standards and assurances in
the Act, 29 USC 701.725(b) and (c), and 34 CFR 366.50 and 34 CFR 366.60-63.
(b) The reviews of CILs shall include annual
on-site compliance reviews of at least 15 percent of the CILs assisted under
the Act, 29 USC 701.723, in each year.
(c) Each team that conducts an on-site compliance
review of a CIL shall include at least one person who is not an employee of the
designated
state unit, who has experience in the
operation of CILs, and who is jointly selected by the director of the designated
state unit and the chairperson of the SILC,
or other individual designated by the SILC to act on behalf of and at the
direction of the SILC.
(d) A copy of each review shall be provided to
the Secretary and the SILC.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.10 Initiation of Enforcement Procedures by
Director.
(a) If the director of the designated state
unit determines that any CIL receiving
funds under 34 CFR 366 is not in compliance with the standards and assurances
in the Act, 29 USC 701.725(b) and (c) and 34 CFR 366.50 and 34 CFR 366.60-63,
the director shall immediately provide the CIL by certified mail, return
receipt requested, with an initial written notice that the CIL is out of
compliance with the standards and assurances and that the director shall
terminate the CIL’s funds or take other proposed significant adverse action
against the CIL 90 days after the CIL’s receipt of this initial written
notice. The director of the designated
state unit shall provide technical
assistance to the CIL to develop a corrective action plan to comply with the
standards and assurances.
(b) Unless the CIL submits, within 90 days after
receiving the notification required by Ed 1017.10(a), a corrective action plan
to achieve compliance that is approved by the director of the designated state
unit or, if appealed, by the Secretary, the
director shall terminate all funds under the Act, 29 USC 796f-4, to a CIL 90
days after the later of:
(1) The date that the CIL receives
the initial written notice required by Ed 1017.10(a); or
(2) The date that the CIL receives
the Secretary's final decision issued pursuant to 34 CFR 366.46(c) if:
a. The CIL files a formal written
appeal of the director's final written decision pursuant to Ed 1017.10(a); or
b. The CIL files a formal written
appeal of the decision described in the director's initial written notice
pursuant to Ed 1017.14(b).
(c) Other proposed significant adverse action
that may be taken includes:
(1) Excluding the CIL from the
development of the state plan for independent living; and
(2) Having the SILC prohibit the
CIL from participating in SILC activities.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.11 Information to be Included in Initial
Written Notice from Director.
(a) The initial written notice required by Ed
1017.10(a) shall include, at a minimum, the following:
(1) The name of the CIL;
(2) The reason or reasons for
proposing the termination of funds or other significant adverse action against
the CIL, including any evidence that the CIL has failed to comply with any of
the evaluation standards or assurances in the Act, 29 USC 701.725(b) and (c),
and 34 CFR 366.50 and 34 CFR 366.60-63; and
(3) The effective date of the
proposed termination of funds or other significant adverse action against the
CIL.
(b) The initial written notice required by Ed
1017.10(a) shall be given 90 days in advance of the date the director of the designated state
unit intends to terminate a CIL’s funds or
take any other significant adverse action against the CIL.
(c) The initial written notice required by Ed
1017.10(a) shall inform the CIL that it has 90 days from the date the CIL
receives the notice to submit a corrective action plan.
(d) The initial written notice required by Ed
1017.10(a) shall inform the CIL that it may seek alternative dispute resolution
under Ed 200 in accordance with a corrective action plan under Ed 1017.10(a) to
resolve any dispute with the director of the designated state unit within the 90 days before the proposed
termination of funds or other significant adverse action against the CIL.
(e) The initial written notice required by Ed
1017.10(a) shall inform the CIL that, if alternative dispute resolution is not
successful and the director of the designated state unit does not issue a final written decision pursuant
to Ed 1017.12, the CIL may appeal to the Secretary the decision described in
the director's initial written notice on or after the 90th day, but not later
than the 120th day, after the CIL receives the director's initial notice.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.12 Issuing A Final Written Decision.
(a) If the CIL submits a corrective action plan
in accordance with Ed 1017.10(b), the director of the designated state
unit shall provide to the CIL, not later
than the 120th day after the CIL receives the director's initial written
notice, a final written decision approving or disapproving the CIL’s corrective
action plan and informing the CIL, if appropriate, of the termination of the
CIL’s funds or any other proposed significant adverse action against the CIL.
(b) The director of the designated state
unit shall send the final written decision
to the CIL by registered or certified mail, return receipt requested.
(c) The director of the division’s final written
decision to terminate funds or take any other adverse action against a CIL
shall not take effect until 30 days after the date that the CIL receives the
final written decision.
(d) If a CIL appeals the final written decision
pursuant to Ed 1017.14, the director of the designated state unit’s final written decision to terminate funds or
take any other adverse action against a CIL shall not take effect until the
Secretary issues a final decision.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.13 Information Included in Final Written
Decision. The director of the designated state
unit’s final written decision to disapprove
a CIL's corrective action plan required by Ed 1017.12 shall:
(a) Address any response from the CIL to the
director's initial written notice to terminate funds or take other significant
adverse action against the CIL;
(b) Include a statement of the reasons why the director
could not approve the corrective action plan; and
(c) Inform the CIL of its right to appeal to the
Secretary the director's final written decision to terminate funds or take any
other significant adverse action against the CIL.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.14 Appealing a Decision.
(a) To obtain the Secretary's review of the
director of the designated
state unit’s final written decision to
disapprove a CIL's corrective action plan submitted pursuant to Ed 1017.10(b),
the CIL shall file, within 30 days from receipt of the director's final written
decision, a formal written appeal with the Secretary giving the reasons why the
CIL believes that the director should have approved the CIL's corrective action
plan.
(b) To obtain the Secretary's review of a
decision described in the director of the designated state unit’s initial written notice, a CIL that does not
submit a corrective action plan to the director shall file, in accordance with
Ed 1017.14(c)(1)(a), a formal written appeal with the Secretary giving the
reasons why the CIL believes that the director should have found the CIL in
compliance with the standards and assurances in the Act, 29 USC 701.725(b) and
(c), and 34 CFR 366.50 and 34 CFR 366.60-63.
(c) To appeal to the Secretary a decision
described in the director of the designated state unit’s initial written notice or the director's final
written decision to disapprove a CIL's corrective action plan and to terminate
or take other significant adverse action, a CIL shall file with the Secretary:
(1) A formal written appeal:
a. On or after the 90th day but
not later than the 120th day following a CIL's receipt of a director's initial
written notice; or
b. On or before the 30th day after
a CIL's receipt of the director's final written decision to disapprove a CIL's
corrective action plan and to terminate or take other significant adverse
action;
(2) A copy of the corrective
action plan, if any, submitted to the director; and
(3) One copy each of any other
written submissions sent to the director in response to the director's initial
written notice to terminate funds or take other significant adverse action
against the CIL.
(d) The date of filing a formal written appeal to
the Secretary under Ed 1017.14(c) shall be determined pursuant to the
requirements of 34 CFR 81.12.
(e) If the CIL files a formal written appeal with
the Secretary, the CIL shall send a separate copy of this appeal to the
director of the designated
state unit by registered or certified mail,
return receipt requested.
(f) The CIL's formal written appeal to the
Secretary shall state why:
(1) The director of the designated state
unit has not met the burden of showing that
the CIL is not in compliance with the standards and assurances in the Act, 29
USC 701.725(b) and (c), and in 34 CFR 366.50 and 34 CFR 366.60-63;
(2) The corrective action plan, if
any, should have been approved; or
(3) The director of the designated state
unit has not met the procedural
requirements of Ed 1017.10-Ed 1017.15.
(g) As part of its submissions under this
section, the CIL may request an informal meeting with the Secretary at which
representatives of both parties shall have an opportunity to present their
views on the issues raised in the appeal, in accordance with 34 CFR 366.46.
(h) The director of the designated state
unit’s decision to terminate funds that is
described in an initial written notice or final written decision shall be
stayed as of the date determined pursuant to Ed 1017.14(d) that the CIL files a
formal written appeal with the Secretary.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1017.15 Action by Director upon Receipt of Center
for Independent Living’s Formal Written Appeal to the Secretary.
(a) If the CIL files a formal written appeal in
accordance with Ed 1017.14(c), the director of the designated state
unit shall, within 15 days of receipt of
the CIL's appeal, submit to the Secretary one copy each of the following:
(1) The director's initial written
notice sent to the CIL to terminate funds or take any other significant adverse
action against the CIL;
(2) The director's final written
decision, if any, to disapprove the CIL's corrective action plan and to
terminate the CIL's funds or take any other significant adverse action against
the CIL;
(3) Any other written
documentation or submissions the director wishes the Secretary to consider; and
(4) Any other information
requested by the Secretary.
(b) As part of its submissions under Ed
1017.15(a), the director of the designated state unit may request an informal meeting with the Secretary
at which representatives of both parties shall have an opportunity to present
their views on the issues raised in the appeal, in accordance with 34 CFR
366.46.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
PART Ed 1018 INDEPENDENT LIVING
SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
Ed 1018.01 Purpose. The purpose of the independent living
services for older individuals who are blind program is to support projects
that:
(a) Provide any of the IL services to older
individuals who are blind that are described in 34 CFR 367.3(b);
(b) Conduct activities that will improve or
expand services for older individuals who are blind; and
(c) Conduct activities to help improve public
understanding of the problems of older individuals who are blind.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1018.02 Definitions. Except where the context makes another meaning
clear, the following words have the meaning indicated when used in Ed 1018:
(a) “Independent living services for older
individuals who are blind” means “independent living services for older
individuals who are blind” as defined in 34 CFR 367.5.
(b) “Older individual who is blind” means “older
individual who is blind” as defined in 34 CFR 367.5.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1018.03 Services for Older Individuals Who Are
Blind. For the purposes of Ed
1018.01(a), IL services for older individuals who are blind shall include:
(a) Services to help correct blindness that
include:
(1) Outreach services;
(2) Visual screening;
(3) Surgical or therapeutic
treatment to prevent, correct, or modify disabling eye conditions; and
(4) Hospitalization related to
these services;
(b) The provision of eyeglasses and other visual
aids;
(c) The provision of services and equipment to
assist an older individual who is blind to become more mobile and more
self-sufficient;
(d) Mobility training, Braille instruction, and
other services and equipment to help an older individual who is blind adjust to
blindness;
(e) Guide services, reader services, and
transportation;
(f) Any other appropriate service designed to
assist an older individual who is blind in coping with daily living activities,
including supportive services and rehabilitation teaching services;
(g) IL skills training, information and referral
services, peer counseling, and individual advocacy training; and
(h) Other IL services as defined in the Act, 29
USC 707(30), and as listed in 34 CFR 365.22.
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
Ed 1018.04 Administering the Program.
(a) The designated state unit shall administer the program in Ed 1018 in order
to carry out the purposes listed in Ed 1018.01 either directly or through:
(1) Grants to public or private
nonprofit agencies or organizations; or
(2) Contracts with individuals,
entities, or organizations that are not public or private nonprofit agencies or
organizations.
(b) Notwithstanding Ed 1018.04(a), the designated state unit may enter into assistance contracts with public
or private nonprofit agencies or organizations by following the requirements in
34 CFR 366.32(e).
(c) Notwithstanding Ed 1018.04(a), the designated state
unit shall not enter into procurement
contracts with public or private nonprofit agencies or organizations, as
provided in 34 CFR 366.32(f).
Source. #8265, eff 1-22-05; ss by #10074, eff 1-19-12
PART Ed 1019
Ed 1019.01 Purpose. The purpose of the New Hampshire Business
Enterprise Program (BEP) is to support self-employment for individuals who are
legally blind through career opportunities in cafeteria, snack bar, and vending
services. The New Hampshire department
of Education, through the BEP of the office of services for blind and visually
impaired,(SBVI) is the state licensing agency (SLA) for legally blind individuals
who operate food and vending service facilities on federal, state, and other
properties.
Source. #7466, eff 3-23-01; ss by #8265, eff 1-22-05;
ss by #10074, eff 1-19-12
Ed 1019.02 Definitions.
(a) “Individual who is legally blind” means
“blind person” as defined in 34 CFR 395.1(c).
(b) “License” means “license” as defined in 34
CFR 395.1(i).
(c) “Net proceeds” means “net proceeds” as
defined in 34 CFR 395.1(k).
(d) “Operator” means an individual who is legally
blind who is licensed to operate a vending facility on federal or other
property.
(e) “Other property” means “other property” as
defined in 34 CFR 395.1(n).
(f) “Program” means the
(g) “Secretary” means the United States Secretary
of Education.
(h) Services for Blind and Visually Impaired”
means “Blind Services” as defined in 186-B:10-II.
(i) “State Committee of Licensed
Operators” or “Committee” means “Committee of Licensed Operators” as described
in 34 CFR 395.14 (a).
(j) “Vending facility” means “vending facility”
as defined in 34 CFR 395.1(x).
(k) “Vending machine” means “vending machine” as
defined in 34 CFR 395.1(y).
(l) “Vending machine
income” means “vending machine income” as defined in 34 CFR 395.1(z).