1. (a)

   1. (1) The purpose of the trial work experience is to enable the counselor to make a decision when the counselor questions whether the applicant can or cannot work due to the severity of disability.
   2. (2) The trial work experience is only used in this instance.
   3. (3) The decision is based on a determination of the work potential of the individual through realistic work settings.
   4. (4) The counselor must conduct an exploration of the individual’s abilities, capabilities, and capacity to perform in realistic work situations.

2. (b) The exploration during the trial work experience makes the determination that either:

   1. (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. (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.

3. (c)

   1. (1) Trial work experiences include supported employment, on-the-job training, and other experiences using realistic work settings.
   2. (2) The counselor must develop a written plan to periodically assess the individual’s capacity to perform in work situations, which must be provided in the most competitive integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

4. (d) Note.

   1. (1) “Clear and convincing evidence” means a high degree of certainty before concluding that an individual is incapable of benefiting from services in terms of an employment outcome.

   2. (2) The “clear and convincing” standard:

      1. (A) Constitutes the highest standard used in our civil system of law; and
      2. (B) Is to be individually applied on a case-by-case basis.

   3. (3)

      1. (A) The term “clear” means unequivocal.
      2. (B) For example, the use of an intelligence test result alone would not constitute clear and convincing evidence.
   4. (4) Clear and convincing evidence might include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded that they would be unable to meet the individual’s needs due to the severity of the individual’s disability.
   5. (5) The demonstration of “clear and convincing evidence” must include, if appropriate, a functional assessment of skill development activities, with any necessary supports, including assistive technology, in real life settings.
   6. (6) 34 C.F.R. § 361.42.

5. (e)

   1. (1) An applicant may choose closure rather than enter or continue in either trial work experience.
   2. (2) Arkansas Rehabilitation Services must provide assistive technology devices and services, personal assistance services, and other appropriate support services that are necessary to determine whether an individual is eligible.

6. (f)

   1. (1) Termination of trial work experience services must occur at any point if a determination is made that:

      1. (A) Sufficient evidence concludes the individual can benefit from VR services in terms of an employment outcome; or
      2. (B) Clear and convincing evidence concludes the individual is incapable of benefiting from VR services in terms of an employment outcome due to the severity of the disability.
   2. (2) 34 C.F.R. § 361.42(d).
7. (g) Clear and convincing evidence is also in Appendix D, Definitions.

8. (h)

   1. (1) The Trial Work Plan (TWP) will include only those services necessary to determine an employment outcome.
   2. (2) Services must be provided in the most integrated setting possible and be consistent with informed choice.
9. (i) The individual’s progress will be assessed at least once every ninety (90) days.

10. (j) Procedures — Trial work experience.

    1. (1) Complete a Certificate of Eligibility/Ineligibility for Trial Work Experience.

    2. (2)

       1. (A) The counselor must be aware of the Ticket to Work Program.
       2. (B) If the applicant is eligible under presumptive eligibility, the counselor must follow guidelines outlined in Ticket to Work in Appendix B.
    3. (3) Write and TWP consistent with informed choice.
    4. (4) The case management system will generate the case note and status move after required data is keyed for Status 06.

    5. (5)

       1. (A) The TWP for trial work/extended evaluation (Status 06) is to be reviewed every ninety (90) days.
       2. (B) The counselor and the individual must complete a periodic review of the rehabilitation plan every ninety (90) days to assess the individual’s progress.
       3. (C) The amendment to the TWP will be completed to document the periodic review.

    6. (6)

       1. (A) When a decision of work feasibility or non-feasibility is made, the appropriate action of case closure or case acceptance is taken in accordance with informed choice.
       2. (B) Refer to Closure, 20 CAR § 835-801 et seq., or Eligibility or Ineligibility Determination, 20 CAR § 835-301 et seq.

    7. (7)

       1. (A) The case management system will only allow eighteen (18) months for the case to remain in the trial work experience.
       2. (B) The federal regulations allow for an adequate period of time to make an eligibility determination in Status 06.

Codification Notes: “VR” means vocational rehabilitation.