PURPOSE: This rule establishes the
eligibility requirements for applicants of services through Vocational
Rehabilitation, Office of Adult Learning and Rehabilitation Services,
Department of Elementary and Secondary Education pursuant to the Rehabilitation
Act of 1973 as amended and 34 CFR section
361.42.
PUBLISHER'S NOTE: The secretary of state has
determined that publication of the entire text of the material that is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Vocational Rehabilitation (VR) may only
provide services to an individual who-
(A) Has
a diagnosis of disability determined by a qualified professional who is
licensed or certified in Missouri or in another state as approved by VR and in
accordance with applicable state law and/or regulation;
(B) Has been determined to have a physical or
mental impairment that constitutes or results in a substantial impediment to
employment, and who can benefit from an employment outcome;
(C) Has been determined by a qualified
vocational rehabilitation counselor of VR that the individual requires
vocational rehabilitation services to prepare for, secure, retain, advance in,
or regain employment that is consistent with the individual's unique strengths,
resources, priorities, concerns, abilities, capabilities, interests, and
informed choice;
(D) Is a Missouri
resident, though a duration of residency requirement may not be
imposed;
(E) Is authorized to work
in the United States.
(2)
Eligibility for services shall be determined pursuant to the federal act and/or
applicable regulations and shall include the following qualifications:
(A) All referrals, applicants, and eligible
individuals who meet the required eligibility requirements set by the Missouri
Rehabilitation Services for the Blind (MRSB) will be referred to and served by
MRSB; and
(B) Individuals who are
deaf, late-deafened, or hard of hearing must be evaluated by a certified
audiologist or a physician skilled in diseases of the ear. Eligibility criteria
for individuals with a hearing loss are based upon standards developed by the
American Speech-Language-Hearing Association.
1. The following standards will be considered
when determining eligibility:
A. An
individual must have a diagnosis at a minimum of a mild to moderate hearing
loss in both ears and functional limitations as a result of the hearing loss;
and
B. Pure tone average speech
receptions, speech discrimination, and decibel loss at frequencies above
2000Hz.
(3)
34 CFR section
361.42 is hereby incorporated by reference
and made part of this rule as published by the U.S. Government Publishing
Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in January 2024.
Copies of this regulation can also be obtained from the Department of
Elementary and Secondary Education, Office of Adult Learning and Rehabilitation
Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and
at
https://dese.mo.gov/governmental-affairs/
dese-administrative-rules/incorporated-reference-materials. This rule does not
incorporate any subsequent amendments or additions.
