Or. Admin. Code § 582-001-0010 - Definitions for Chapter 582
The following definitions apply to each division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated:
(1) "Act" means Public Law No: 113-128, Title
IV-Amendments to the Rehabilitation Act of 1973.
(2) "Applicant" means an individual who
submits an application for vocational rehabilitation services in accordance
with
34 CFR §
361.41(b)(2).
(3) "Apprenticeship" means a job that allows
an individual to earn money while gaining skills and experience through both
technical instruction and hands-on training.
(4) "Appropriate modes of communication"
means specialized aids and supports that enable an individual with a disability
to comprehend and respond to information that is being communicated.
Appropriate modes of communication include, but are not limited to, the use of
interpreters, open and closed captioned videos, specialized telecommunications
services and audio recordings, Brailled and large print materials, materials in
electronic formats, augmentative communication devices, graphic presentations,
and simple language materials.
(5)
"Assessment for determining eligibility and vocational rehabilitation needs"
means, as appropriate in each case
(a)
(A) A review of existing data
(i) To determine if an individual is eligible
for vocational rehabilitation services; and
(ii) To assign priority for an order of
selection described in
34
CFR §
361.36 in the States that use an
order of selection; and
(B) To the extent necessary, the provision of
appropriate assessment activities to obtain necessary additional data to make
the eligibility determination and assignment;
(b) To the extent additional data are
necessary to make a determination of the employment outcomes and the nature and
scope of vocational rehabilitation services to be included in the
individualized plan for employment of an eligible individual, a comprehensive
assessment to determine the unique strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice, including the need for
supported employment, of the eligible individual. This comprehensive assessment
(A) Is limited to information that is
necessary to identify the rehabilitation needs of the individual and to develop
the individualized plan for employment of the eligible individual;
(B) Uses as a primary source of information,
to the maximum extent possible and appropriate and in accordance with
confidentiality requirements
(i) Existing
information obtained for the purposes of determining the eligibility of the
individual and assigning priority for an order of selection described in
34
CFR §
361.36 for the individual;
and
(ii) Information that can be
provided by the individual and, if appropriate, by the family of the
individual;
(C) May
include, to the degree needed to make such a determination, an assessment of
the personality, interests, interpersonal skills, intelligence and related
functional capacities, educational achievements, work experience, vocational
aptitudes, personal and social adjustments, and employment opportunities of the
individual and the medical, psychiatric, psychological, and other pertinent
vocational, educational, cultural, social, recreational, and environmental
factors that affect the employment and rehabilitation needs of the
individual;
(D) May include, to the
degree needed, an appraisal of the patterns of work behavior of the individual
and services needed for the individual to acquire occupational skills and to
develop work attitudes, work habits, work tolerance, and social and behavior
patterns necessary for successful job performance, including the use of work in
real job situations to assess and develop the capacities of the individual to
perform adequately in a work environment; and
(E) To the maximum extent possible, relies on
information obtained from experiences in integrated employment settings in the
community and in other integrated community settings;
(c) Referral, for the provision of
rehabilitation technology services to the individual, to assess and develop the
capacities of the individual to perform in a work environment; and
(d) An exploration of the individual's
abilities, capabilities, and capacity to perform in work situations, which must
be assessed periodically during trial work experiences, including experiences
in which the individual is provided appropriate supports and
training.
(6) "Assistive
technology" means technology designed to be utilized in an assistive technology
device or assistive technology service. (See also, Section 3, Assistive
Technology Act of 1998 (29
U.S.C. 3002))
(7) "Assistive technology device" means any
item, piece of equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of an individual with a disability, except
that the reference to the term individuals with disabilities shall mean more
than one individual with a disability as defined in paragraph (20)(A) of the
Act. (See also Section 3, Assistive Technology Act of 1998 (29
U.S.C. 3002))
(8) "Assistive technology service" means any
service that directly assists an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such term includes--
(a) The evaluation of the assistive
technology needs of an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate assistive technology
and appropriate services to the individual in the customary environment of the
individual;
(b) A service
consisting of purchasing, leasing, or otherwise providing for the acquisition
of assistive technology devices by individuals with disabilities;
(c) A service consisting of selecting,
designing, fitting, customizing, adapting, applying, maintaining, repairing,
replacing, or donating assistive technology devices;
(d) Coordination and use of necessary
therapies, interventions, or services with assistive technology devices, such
as therapies, interventions, or services associated with education and
rehabilitation plans and programs;
(e) Training or technical assistance for an
individual with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual;
(f) Training or
technical assistance for professionals (including individuals providing
education and rehabilitation services and entities that manufacture or sell
assistive technology devices), employers, providers of employment and training
services, or other individuals who provide services to, employ, or are
otherwise substantially involved in the major life functions of individuals
with disabilities; and
(g) A
service consisting of expanding the availability of access to technology,
including electronic and information technology, to individuals with
disabilities.
(9)
"Auxiliary aids and services" mean:
(a)
Qualified interpreters on-site or through video remote interpreting (VRI)
services; note takers; real-time computer-aided transcription services, written
materials, exchange of written notes, telephone handset amplifiers, assistive
listening devices, assistive listening systems, telephones compatible with
hearing aids, closed caption decoders, open and closed captioning, including
real-time captioning, voice, text, and video-based telecommunications products
and systems, including text telephones (TTYs), videophones, and captioned
telephones, or equally effective telecommunications devices, videotext
displays; accessible electronic and information technology, or other effective
methods of making aurally delivered information available to individuals who
are deaf or hard of hearing,
(b)
Qualified readers, taped texts, audio recordings, Brailled materials and
displays, screen reader software, magnification software, optical readers,
secondary auditory programs (SAP), large print materials, accessible electronic
and information technology, or other effective methods of making visually
delivered materials available to individuals who are blind or have low
vision,
(c) Acquisition or
modification of equipment or devices, and
(d) Other similar services and
actions.
(10) "Benefits
Planning" means services that provide eligible individuals entitled to Social
Security benefits under Titles II or XVI of the Social Security Act with
information on assistance and supports available to individuals desiring to
enter the workforce. These services are intended to help these individuals
understand the implications of employment for continued receipt of their
benefits so that they can make a fully informed choice of an employment
goal.
(11) "Best Practice" means
promising vocational rehabilitation service delivery practices commonly seen as
effective when working with specified populations of individuals with
disabilities that help improve employment outcomes of people with
disabilities.
(12) "Case Service
Record" means the case service record documents the application for and
provision of vocational rehabilitation and supported employment services to
individuals with disabilities, including program outcomes. An individual may
have multiple service records resulting from repeated involvement with the
vocational rehabilitation and supported employment programs. Also referred to
as service record or record of service (34 CFR §
361.47 Record of services), file, record,
case, hard copy file, electronic file, or ORCA file.
(13) "CFR" means the Code of Federal
Regulations.
(14) "Client
Assistance Program" (CAP) means a federally-funded program authorized under 34
CFR § 370 that is independent of the Program and its purpose is to provide
information, advocacy, and legal representation to individuals seeking Program
services.
(15) "Closure" means an
applicant's or participant's record of services shows an end to vocational
rehabilitation services and the applicant's or participant's exit from the
program.
(16) "Community
Rehabilitation Program" (CRP) means:
(a) A
vendor that provides directly or facilitates providing one or more of the
following vocational rehabilitation services to individuals with disabilities:
(A) Medical, psychiatric, psychological,
social, and vocational services that are provided under one
management.
(B) Testing, fitting,
or training in the use of prosthetic and orthotic devices.
(C) Recreational therapy.
(D) Physical and occupational
therapy.
(E) Speech, language, and
hearing therapy.
(F) Psychiatric,
psychological, and social services, including positive behavior
management.
(G) Assessment for
determining eligibility and vocational rehabilitation needs,
(H) Rehabilitation technology.
(I) Job development, placement, and retention
services.
(J) Evaluation or control
of specific disabilities.
(K)
Orientation and mobility services for individuals who are blind.
(L) Psychosocial rehabilitation
services.
(M) Supported employment
services and extended services.
(N)
Customized employment.
(O) Services
to family members if necessary, to enable the applicant or eligible individual
to achieve an employment outcome.
(P) Personal assistance services.
(Q) Services similar to the services
described in paragraphs (A) through (P) of this definition.
(b) For the purposes of this
definition, "vendor" means an agency, organization, or institution that
provides directly or facilitates the provision of vocational rehabilitation
services as one of its major functions.
(17) "Comparable services and benefits" mean
services and benefits that are:
(a) Provided
or paid for, in whole or in part, by other Federal, State, or local public
agencies, health insurance, or employee benefits;
(b) 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 in accordance
with
34 CFR §
361.53;
(c) Commensurate to the services that the
individual would otherwise receive from the Program; and
(d) Includes accommodations and auxiliary
aids.
(e) For the purposes of this
definition, comparable services and benefits does not include awards and
scholarships based on merit.
(18) "Competitive integrated employment"
means work that
(a) Is performed on a
full-time or part-time basis (including self-employment) and for which an
individual is compensated at a rate that-
(A)
Is not less than the higher of the rate specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the
rate required under the applicable State or local minimum wage law for the
place of employment;
(B) Is not
less than the customary rate paid by the employer for the same or similar work
performed by other employees who are not individuals with disabilities and who
are similarly situated in similar occupations by the same employer and who have
similar training, experience, and skills; and
(C) In the case of an individual who is
self-employed, yields an income that is comparable to the income received by
other individuals who are not individuals with disabilities and who are
self-employed in similar occupations or on similar tasks and who have similar
training, experience, and skills; and
(D) Is eligible for the level of benefits
provided to other employees; and
(b) Is at a location
(A) Typically found in the community;
and
(B) Where the employee with a
disability interacts for the purpose of performing the duties of the position
with other employees within the particular work unit and the entire work site,
and, as appropriate to the work performed, other persons (e.g., customers and
vendors), who are not individuals with disabilities (not including supervisory
personnel or individuals who are providing services to such employee) to the
same extent that employees who are not individuals with disabilities and who
are in comparable positions interact with these persons; and
(c) Presents, as appropriate,
opportunities for advancement that are similar to those for other employees who
are not individuals with disabilities and who have similar positions.
(19) "Comprehensive Statewide
Assessment" means the results of a comprehensive, statewide assessment, jointly
conducted by the Program and the State Rehabilitation Council every three
years. Results of the assessment shall be included in the vocational
rehabilitation portion of the Unified or Combined State Plan, submitted in
accordance with the requirements of
34 CFR
§
361.10(a) and the
joint regulations of this part.
(20) "Department" means the Department of
Human Services.
(21) "Director"
means the Director of Vocational Rehabilitation.
(22) "Due Process" is the process by which
Program applicants or participants who are dissatisfied or disagree with a
decision that affects the provision of vocational rehabilitation services may
pursue a review.
(23) "Educational
goal" means the participant's next educational or training milestone along the
educational path they hope to achieve in the next year and leads to an
employment goal or outcome listed in the individualized plan for
employment.
(24) "Educational
outcome" means the logical endpoint or conclusion of the current educational
goal.
(25) "Eligible individual"
means an applicant for vocational rehabilitation services who meets the
eligibility requirements of
34
CFR §
361.42(a).
(26) "Employment outcome" with respect to an
individual, entering, advancing in, or retaining full-time or, if appropriate,
part-time competitive integrated employment, as defined in
34 CFR §
361.5(c)(9) (including
customized employment, self-employment, telecommuting, or business ownership),
or supported employment as defined in
34 CFR §
361.5(c)(53), that is
consistent with an individual's unique strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice.
(27) "Entity" means an employer, or a
contractor or subcontractor of that employer, that holds a special wage
certificate described in section 14(c) of the Fair Labor Standards Act of 1938
(FLSA).
(28) "Essential functions"
mean the tasks that must be performed, because:
(a) The position, or business, exists to
perform a particular function; or
(b) There is evidence to support a
determination that a job function is considered essential because of the
experience of others doing the same kind of work; judgement of experts in the
field; or consequences of not performing the function.
(29) "Evidence-based practices" means a
program or instructional practice with evidence that:
(a) The practice model has gone through
rigorous research and has demonstrated a record of success, and
(b) There is reliable, trustworthy, and valid
evidence that exists which demonstrates the practice effectiveness.
(c) The evidence supporting these practices
or instruction must be supported by scientifically based research.
(30) "Extended services" means
ongoing support services and other appropriate services that are
(a) Needed to support and maintain an
individual with a most significant disability including a youth with a most
significant disability, in supported employment;
(b) Organized or made available, singly or in
combination, in such a way as to assist an eligible individual in maintaining
supported employment;
(c) Based on
the needs of an eligible individual, as specified in an individualized plan for
employment;
(d) Provided by a State
agency, a private nonprofit organization, employer, or any other appropriate
resource, after an individual has made the transition from support from the
designated State unit; and
(e)
Provided to a youth with a most significant disability by the Program in
accordance with requirements set forth in 34 CFR § 361 and 34 CFR
§363 for a period not to exceed four years, or at such time that a youth
reaches age 25 and no longer meets the definition of a youth with a disability
under 34 CFR § 361(c)(58), whichever occurs first. The Program may not
provide extended services to an individual with a most significant disability
who is not a youth with a most significant disability.
(31) "Family member," for purposes of
receiving vocational rehabilitation services in accordance with
34
CFR §
361.48, means an individual
(a) Who is either:
(A) A relative or guardian of an applicant or
eligible individual; or
(B) Lives
in the same household as an applicant or eligible individual; and,
(b) Who has a substantial interest
in the well-being of that individual; and
(c) Whose receipt of vocational
rehabilitation services is necessary to enable the applicant or eligible
individual to achieve an employment outcome.
(32) "Federal Fiscal Year" (FFY) means the
period beginning on October 1 and ending on September 30.
(33) "Federal Minimum Wage" means the rate
applicable under section 6(A)(1) of the Fair Labor Standards Act
(FLSA).
(34) "Individualized
Education Program" (IEP) means a written statement for each child with a
disability that is developed, reviewed, and revised in accordance with section
614(d) of the Individuals with Disabilities Education Act (IDEA).
(35) "Indian; American Indian; Indian
American; Indian Tribe" mean an individual who is a member of an Indian tribe
and also includes a Native and a descendant of a Native, as such terms are
defined in subsections (b) and (r) of section 3 of the Alaska Native Claims
Settlement Act (43
U.S.C. 1602).
(36) "Indian tribe" means any Federal or
State Indian tribe, band, rancheria, pueblo, colony, or community, including
any Alaskan native village or regional village corporation (as defined in or
established pursuant to the Alaska Native Claims Settlement Act) and a tribal
organization as defined in section 4(1) of the Indian Self-Determination and
Education Assistance Act (25
U.S.C. 450(b)(1).
(37) "Individual who is blind" means an
individual who is blind within the meaning of applicable State law (ORS
§346.120).
(38) "Information
and Referral" means an information and referral system that ensures individuals
with disabilities, including eligible individuals who do not meet the Program's
order of selection criteria for receiving vocational rehabilitation services if
the agency is operating on an order of selection, who do not meet the Program's
eligibility criteria, or are earning subminimum wage are provided:
(a) Accurate vocational rehabilitation
information and guidance using appropriate modes of communication to assist
them in preparing for, securing, retaining, advancing in, or regaining
employment; and
(b) Referral to
other appropriate Federal and State programs, including other components of the
statewide workforce development system, and;
(c) The Program shall ensure referral to
appropriate programs and service providers best suited to address the specific
rehabilitation, independent living and employment needs of an individual with a
disability who makes an informed choice not to pursue an employment outcome
under the vocational rehabilitation program.
(39) "Individual with a disability" means an
individual, except as provided in section (48):
(a) Who has a physical or mental impairment;
and
(b) Whose impairment
constitutes or results in a substantial impediment to employment; and
(c) Who may benefit in terms of an employment
outcome from the receipt of vocational rehabilitation services.
(40) "Individual with a
disability" for purposes of
34 CFR §§
361.5(c)(13),
361.13(a),
361.13(b)(1),
361.17(a),
(b), (c), and (j),
361.18(b),
361.19,
361.20,
361.23(b)(2),
361.29(a)
and (d)(8), and
361.51(b),
means an individual who:
(a) Has a physical
or mental impairment that substantially limits one or more major life
activities;
(b) Has a record of the
impairment; or
(c) Is regarded as
having such an impairment.
(41) "Individual with a most significant
disability" means an eligible individual who:
(a) Has a severe mental or physical
impairment that seriously limits two or more functional capacities in mobility,
communication, self-care, self-direction, interpersonal skills, work tolerance,
or work skills in terms of an employment outcome; and
(b) Is expected to require two or more
vocational rehabilitation services over an extended period of time to achieve
or maintain a successful employment outcome.
(c) These criteria must be consistent with
the requirements in
34
CFR §
361.36(d)(1) and
(2).
(42) "Individual with a significant
disability" means an individual with a disability:
(a) Who has a severe physical or mental
impairment that seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
(b) Whose vocational rehabilitation can be
expected to require multiple services over an extended period of time;
and
(c) Who has one or more
physical or mental disabilities resulting from amputation, arthritis, autism,
blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head
injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), spinal cord conditions (including paraplegia and quadriplegia),
sickle cell anemia, intellectual disability, specific learning disability,
end-stage renal disease, or another disability or combination of disabilities
determined on the basis of an assessment for determining eligibility and
vocational rehabilitation needs to cause comparable substantial functional
limitation.
(43)
"Individualized Plan for Employment" (IPE) means a plan for attaining the
individual's vocational objective
(44) "Individual's representative" means any
representative chosen by an applicant or eligible individual, as appropriate,
and may include a parent, guardian, other family member, or advocate. If a
representative has been appointed by a court, the court appointed
representative is the individual's representative.
(45) "Informed Choice" means that individual
who are applicants for vocational rehabilitation services or eligible
individuals receiving such services shall be active and full partners
throughout the vocational rehabilitation process.
(a) Program participants shall have the
opportunity to make meaningful decisions during assessment for eligibility and
in the selection of the employment outcome, services needed to achieve the
outcome, service providers, and method of securing services.
(b) The Program shall provide information and
support services sufficient to inform each applicant and eligible individual
about the availability of and opportunity to exercise informed
choice.
(46) "Integrated
setting" means
(a) With respect to the
provision of services, a setting typically found in the community in which
applicants or eligible individuals interact with nondisabled individuals other
than nondisabled individuals who are providing services to those applicants or
eligible individuals; and
(b) With
respect to an employment outcome, means a setting:
(A) Typically found in the community;
and
(B) Where the employee with a
disability interacts, for the purpose of performing the duties of the position,
with other employees within the particular work unit and the entire work site,
and appropriate to the work performed, other individuals (e.g., customers and
vendors) who are not individuals with disabilities (not including supervisory
personnel or individuals who are providing services to the employee) to the
same extent that employees who are not individuals with disabilities and who
are in comparable positions interact with these individuals.
(47) "Maintenance"
means monetary support provided to an individual for expenses, such as food,
shelter, and clothing, that are in excess of the individual's normal expenses
and that are necessitated by the individual's participation in an assessment
for determining eligibility and vocational rehabilitation needs or the
individual's receipt of vocational rehabilitation services under an
individualized plan for employment.
(48) "Parent or Guardian" means an individual
having legal responsibility for the overall welfare and well-being of an
individual under age 18 or an individual, if over age 18, is adjudicated
legally incapacitated.
(49)
"Participant" means
(a) A reportable
individual who has been determined eligible for Program services, and is in
need of, and can benefit from, rehabilitation services to assist in achieving
an employment outcome.
(b) This
does not include students with disabilities that have only been determined
potentially eligible for Pre-Employment Transition Services.
(50) "Personal assistance
services" means a range of services, including, among other things, training in
managing, supervising, and directing personal assistance services, provided by
one or more persons, that are
(a) Designed to
assist an individual with a disability to perform daily living activities on or
off the job that the individual would typically perform without assistance if
the individual did not have a disability;
(b) Designed to increase the individual's
control in life and ability to perform everyday activities on or off the
job;
(c) Necessary to the
achievement of an employment outcome; and
(d) Provided only while the individual is
receiving other vocational rehabilitation services. The services may include
training in managing, supervising, and directing personal assistance
services.
(51) "Physical
or mental impairment" means
(a) Any
physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: Neurological,
musculo-skeletal, special sense organs, respiratory (including speech organs),
cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic,
skin, and endocrine; or
(b) Any
mental or psychological disorder such as intellectual disability, organic brain
syndrome, emotional or mental illness, and specific learning
disabilities.
(52)
"Post-employment services" means one or more of the services identified in
34
CFR §
361.48(b) that
are:
(a) Provided subsequent to the
achievement of an employment outcome and are necessary for an individual to
maintain, regain, or advance in employment, consistent with the individual's
unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice.
(b)
Available to meet rehabilitation needs that do not require a complex and
comprehensive provision of services and,
(c) Should be limited in scope and
duration.
(53) "Prior
approval" means a request in writing is made in advance of the activity,
obligation, or expenditure for all Program services including
assessment.
(54) "Program" means
Oregon Vocational Rehabilitation.
(55) "Qualified Personnel" means an
individual licensed or certified by the state or who maintains an equivalent
licensure or certification from another state to make the diagnosis of an
applicant's impairment.
(56)
"Qualified Rehabilitation Personnel" means a description of the minimum
academic and experience requirements for Program professionals and
paraprofessionals as amended by Workforce Innovation and Opportunity
Act.
(57) ''Recognized
Postsecondary Credential'' means a credential consisting of an
industry-recognized certificate or certification, a certificate of completion
of an apprenticeship, a license recognized by the State involved or Federal
Government, or an associate or baccalaureate degree.
(58) "Record of services" see "Service
Record".
(59) "Rehabilitation
engineering" means the systematic application of engineering sciences to
design, develop, adapt, test, evaluate, apply, and distribute technological
solutions to problems confronted by individuals with disabilities in functional
areas, such as mobility, communications, hearing, vision, and cognition, and in
activities associated with employment, independent living, education, and
integration into the community.
(60) "Rehabilitation technology" means the
systematic application of technologies, engineering methodologies, or
scientific principles to meet the needs of, and address the barriers confronted
by, individuals with disabilities in areas that include education,
rehabilitation, employment, transportation, independent living, and recreation.
The term includes rehabilitation engineering, assistive technology devices, and
assistive technology services.
(61)
"Reportable individual" means an individual who has taken action that
demonstrates an intent to use program services and who meets specific reporting
criteria of the program, including:
(a)
Individuals who have an approved and signed IPE; and
(b) Individuals who have begun to receive
services.
(62)
"Reservation" means a Federal or State Indian reservation, a public domain
Indian allotment, a former Indian reservation in Oklahoma, and land held by
incorporated Native groups, regional corporations, and village corporations
under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.); or a defined area of land
recognized by a State or the Federal Government where there is a concentration
of tribal members and on which the tribal government is providing structured
activities and services.
(63)
"School Dropout" means an individual who is no longer attending any school and
who has not received a secondary school diploma or its recognized
equivalent.
(64) "Section 504
Student with a disability" assures that students with disabilities covered by
Section 504 of the Rehabilitation Act are not discriminated against and are
assured their civil rights.
(a) A student is
entitled to a Section 504 Accommodation Plan if they have been identified and
the valuation shows that the individual has a mental or physical impairment
that substantially limits one or more major life activities.
(b) This determination is made by a team of
knowledgeable individuals, including the parents, who are familiar of the
student and his/her disability.
(65) "Self-Employment" means one individual
owning and controlling the operations and management of an enterprise that
reflects the owner's skills, interests, and preferred work
environment.
(66) "Sole local
agency" means a unit or combination of units of general local government or one
or more Indian tribes that has the sole responsibility under an agreement with,
and the supervision of, the State agency to conduct a local or tribal
vocational rehabilitation program, in accordance with the vocational
rehabilitation services portion of the Unified or Combined State
Plan.
(67) "Special wage
certificate" means a certificate issued to an employer under section 14(c) of
the Fair Labor Standards (29 U.S.C.
214(c)) and 29 CFR part 525
that authorizes payment of subminimum wages, wages less than the statutory
federal minimum wage, to workers with disabilities for the work being
performed.
(68) "State plan" means
the State plan for vocational rehabilitation services submitted by the Program
under
34 CFR
§
361.10.
(69) "State Fiscal Year" means the period
beginning on July 1 and ending on June 30.
(70) "Student with a disability" means an
individual with a disability in a secondary, postsecondary, or other recognized
education program who:
(a) Is generally not
younger than 16 but may be as young as 14 years of age as determined by the
Oregon Department of Education; and
(b) Is not older than 21 years of age; and,
(A) Is eligible for, and receiving, special
education or related services under Part B of the Individuals with Disabilities
Education Act (20
U.S.C. 1411 et seq.); or,
(B) Is a student who is an individual with a
disability, for purposes of section 504, or
(C) Is a student who is an individual with a
disability who has been home schooled.
(71) "Substantial impediment to employment"
means a physical or mental impairment that, in light of medical, psychological,
vocational, educational, communication, and other related factors, hinders an
individual from preparing for, entering into, engaging in, advancing in, or
retaining employment consistent with the individual's unique strengths,
resources, priorities, concerns, abilities and capabilities.
(72) "Transition services" means a
coordinated set of activities for a student or youth with a disability
(a) Designed within an outcome-oriented
process that promotes movement from school to post-school activities, including
postsecondary education, vocational training, competitive integrated
employment, supported employment, continuing and adult education, adult
services, independent living, or community participation;
(b) Based upon the individual student's or
youth's needs, taking into account the student's or youth's preferences and
interests;
(c) That includes
instruction, community experiences, the development of employment and other
post-school adult living objectives, and, if appropriate, acquisition of daily
living skills and functional vocational evaluation;
(d) That promotes or facilitates the
achievement of the employment outcome identified in the student's or youth's
individualized plan for employment; and
(e) That includes outreach to and engagement
of the parents, or, as appropriate, the representative of such a student or
youth with a disability.
(73) "Transportation" means travel and
related expenses that are necessary to enable an applicant or eligible
individual to participate in a vocational rehabilitation service, including
expenses for training in the use of public transportation vehicles and
systems.
(74) "Unemployed
Individual'' means an individual who is without a job and who wants and is
available for work. The determination of whether an individual is without a
job, for purposes of this section, shall be made in accordance with the
criteria used by the Bureau of Labor Statistics of the Department of Labor in
defining individuals as unemployed.
(75) "Vocational rehabilitation services"
means as appropriate to the vocational rehabilitation needs of each individual
and consistent with each individual's informed choice, services that are
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.
(a) If provided to an individual, means those
services listed in
34
CFR §
361.48 and
(b) If provided for the benefit of groups of
individuals, also means those services listed in
34
CFR §
361.49.
(76) "Vocational rehabilitation training"
means skill training in which the basis and focus of the training is
individualized or customized. Vocational rehabilitation training may include
focus on disability related issues as those issues impact the skills training.
Vocational rehabilitation training may include, but is not limited to:
(a) Supported employment;
(b) Disability and related skills
training;
(c) On the job
training;
(d) One-on-one
specialized business training provided to individuals who are working to
establish their own business;
(e)
Customized training offered by an employer to a group of individuals for the
purpose of training and possibly hiring the individuals.
(77) "Vocational training" means skills
training for a specific occupation.
(78) "Youth with a disability" means an
individual with a disability who is not younger than 14 years of age and not
older than 24 years of age.
(79)
"Youth with disabilities" means more than one youth with a
disability.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530, 344.550, 344.560, 344.570 & 344.590
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