1. (a)

   1. (1) Arkansas Rehabilitation Services has the sole responsibility for determining eligibility for VR services.
   2. (2) The Commissioner of Arkansas Rehabilitation Services has delegated the responsibility of determination of eligibility to the counselor.

2. (b)

   1. (1) For all individuals applying for services, Arkansas Rehabilitation Services will conduct an assessment to determine eligibility and priority for services if the state is operating under an order of selection.
   2. (2) 34 C.F.R. § 361.42(a)(2).

3. (c)

   1. (1) Eligibility requirements will be applied in compliance with Titles VI and VII of the Civil Rights Act of 1964, Pub. L. No. 88-352, and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and without regard to:

      1. (A) Age;
      2. (B) Religion;
      3. (C) Disability;
      4. (D) Sex;
      5. (E) Race;
      6. (F) Color; or
      7. (G) National origin.
   2. (2) The eligibility requirements are applicable without regard to the particular service need or anticipated cost of services required by an applicant or the income level of an applicant or applicant’s family.
   3. (3) Eligibility determination will be made within sixty (60) days of the application date.
   4. (4) Exceptional and unforeseen circumstances beyond the control of Arkansas Rehabilitation Services that prevent the agency from making an eligibility determination within sixty (60) days will require Arkansas Rehabilitation Services and the individual to agree on a specific extension of time.
   5. (5) 34 C.F.R. § 361.41(b)(1)(i).

4. (d) Basic eligibility requirements are:

   1. (1) A determination that the individual has a physical or mental impairment, defined as an injury, disease, or other condition that results in persistent functional limitations, resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, 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, 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;

   2. (2)

      1. (A) A determination that the individual’s physical or mental impairment constitutes or results in a substantial impediment to employment for the individual.
      2. (B) A substantial impediment to employment exists when the impairment and the resultant limitation:

5. (i) Prevent the individual from obtaining a job consistent with their abilities; or

   1. (ii) Significantly interfere with preparing for employment consistent with their:
6. (a) (a) Abilities;

7. (b) (b) Need for special accommodations or technology to perform essential job duties; or

   1. (c) (c) Barriers to job retention.

      1. (C) For example, loss of job due to impairment or unable to perform essential job duties;

   2. (3)

      1. (A) A presumption that the individual can benefit in terms of an employment outcome from the provision of VR services.
      2. (B) An individual is presumed capable of achieving an employment outcome, unless documentation with clear and convincing evidence is obtained documenting, for example, the severity of the individual’s disability would preclude the attainment of an employment outcome; and

   3. (4)

      1. (A)

         1. (i) A determination that the individual requires VR services to prepare for entrance into, engage in, or retain gainful employment consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.
         2. (ii) 34 C.F.R. § 361.42(a)(1)(i) – (iii).
      2. (B) An individual is expected to require multiple VR services that will have a substantial impact on the individual’s disability and resultant functional limitations or reduce the impediment to employment to allow the applicant to prepare for, obtain, retain, or regain employment consistent with the individual’s capabilities and abilities and the individual cannot access these services without VR intervention.

8. (e)

   1. (1) Each individual who meets the eligibility requirements is presumed to be able to benefit from VR services in terms of an employment outcome, unless determined, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome due to the severity of the disability.
   2. (2) Clear and convincing evidence requires a high degree of certainty in order to conclude the individual is incapable of benefiting from services in terms of an employment outcome.
   3. (3) The term clear means unequivocal.
   4. (4) Given this standard, the use of a standard intelligence test only would not constitute clear and convincing evidence.

   5. (5) A functional assessment of the individual’s abilities, capabilities, and capacity to perform work situations through the use of trial work experience with appropriate supports and training would assist in defining clear and convincing evidence.

      1. (d) Correct medical documentation to support eligibility determination must be in the file before COE.

Codification Notes: “COE” means certificate of eligibility. "VR" means vocational rehabilitation.