1. (a)

   1. (1) An order of selection requires that a priority be given to individuals with the most significant disabilities in the provision of vocational rehabilitation services.

   2. (2) The order of selection is required in the event that:

      1. (A) The state is unable to provide the full range of vocational rehabilitation services to all eligible individuals; or
      2. (B) Vocational rehabilitation services cannot be provided to all eligible individuals in the state who apply for the services.

2. (b)

   1. (1) The Arkansas Rehabilitation Services order of selection ensures the highest priority in service provision is reserved for eligible individuals with the most significant disabilities.
   2. (2) Services and expenditures are closely monitored to enable the Commissioner of Arkansas Rehabilitation Services to close or open priority categories as deemed appropriate.
   3. (3) This will ensure services are continued for cases determined eligible and receiving services under an individualized plan for employment.
   4. (4) Adequate funds will be reserved to provide diagnostic services for applicants to determine eligibility and category placement.

3. (c)

   1. (1) The order of selection status is changed by the commissioner notifying the United States Rehabilitation Services Administration.
   2. (2) Notification of this change to Arkansas Rehabilitation Services staff is made available through a directive from the Chief of Field Services.

4. (d) Description of priority selection.

   1. (1) The order of selection priority categories, justification for each, outcome, and service goals are listed below.

   2. (2)

      1. (A) When applicable, the Arkansas Rehabilitation Services order of selection ensures clients in Priority I and Priority II will have first priority for the provision of services.
      2. (B) If funds become available, individuals in Priority III may receive services.
   3. (3) Rehabilitation clients who have an individualized plan for employment (IPE) for vocational rehabilitation (VR) services in place prior to the implementation of the order of selection policy will receive services as recorded in their IPE.

   4. (4) Priority Category I — Most significantly disabled. An eligible individual with a most significant disability is defined as one who has a significant physical or mental impairment:

      1. (A) That seriously limits at least four (4) functional capabilities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
      2. (B) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
      3. (C) Who has one (1) or more physical or mental disabilities as defined below***.

   5. (5) Priority Category II — Significantly disabled. An eligible individual with a significant disability is defined as one who has a significant physical or mental impairment:

      1. (A) That seriously limits three (3) functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
      2. (B) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
      3. (C) Who has one (1) or more physical or mental disabilities as defined below***.

   6. (6) Priority Category III — Nonsignificantly disabled. An eligible individual with a nonsignificant disability is defined as one who has a significant physical or mental impairment:

      1. (A) That seriously limits two (2) functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
      2. (B) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
      3. (C) Who has one (1) or more physical or mental disabilities as defined below***.

   7. (7) Definitions.

      1. (A) * Two (2) or more major VR services, i.e., counseling and guidance, assistive technology, physical or mental restoration, training, and placement.
      2. (B) ** Ninety (90) days or more from the date services are initiated.
      3. (C) *** One (1) 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, 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.

   8. (8) Definitions for functional capacity areas. As used in this section:

      1. (A)

5. (i) “Communication” means the ability to impart or exchange information in order to convey meaning.

   1. (ii) For example, using video/visual, language board, interpreter, TTY, written aids, real-time captions, etc.;

      1. (B)

         1. (i) “Interpersonal skills” means the capacity to form and maintain positive relationships at home and in the community for the purpose of obtaining and maintaining employment.
         2. (ii) This includes:
6. (a) (a) Appropriate response to social cues; and

7. (b) (b) Adjusting to differing social and employment settings;

   1. (C)

      1. (i) “Mobility” means the physical capacity to move freely from place to place in the community and at home.

         1. (ii) Specifically involves gross motor skills (skills used for arm, leg, and torso movements in a functional manner);

      2. (D)

         1. (i) “Self-care” means the capacity to care for one’s self and their personal setting.
         2. (ii) For example:
8. (a) (a) Perform normal activities of daily living, such as hygiene care and cooking; and

9. (b) (b) Perform normal instrumental activities of daily living, such as shopping and money management;

   1. (E) “Self-direction” means:

      1. (i) The capacity to adjust behavior in a purposeful manner, taking into account:
10. (a) (a) Personal goals;

11. (b) (b) Environmental settings; and

    1. (c) (c) Cultural values and expectations; and

       1. (ii) Personal independence;

       2. (F) “Work skills” means the:

          1. (i) Capacity to learn and complete job tasks; and
          2. (ii) Capability to acquire and adapt to new skills necessary to obtain or maintain employment; and
       3. (G) “Work tolerance” means the capacity to maintain physical and psychological well-being while effectively completing work activities.

12. (e) Priority of categories receiving VR services under the order.

    1. (1)

       1. (A) When Arkansas Rehabilitation Services is under an order of selection, this section will be utilized.

       2. (B)

          1. (i) When applicable, the Arkansas Rehabilitation Services order of selection ensures clients in Priority I and Priority II will have first priority for the provision of services.
          2. (ii) If funds become available, individuals in Priority III may receive services.
       3. (C) Rehabilitation clients who have an individualized plan for employment (IPE) for vocational rehabilitation (VR) services or extended evaluation services in place prior to the implementation of the order of selection policy will receive services as recorded in their IPE.

    2. (2) Priority Category I — Most significantly disabled. An eligible individual with a most significant disability is defined as one who has a significant physical or mental impairment:

       1. (A) That seriously limits at least four (4) functional capabilities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
       2. (B) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
       3. (C) Who has one (1) or more physical or mental disabilities as defined below***.

    3. (3) Priority Category II — Significantly disabled. An eligible individual with a significant disability is defined as one who has a significant physical or mental impairment:

       1. (A) That seriously limits three (3) functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
       2. (B) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
       3. (C) Who has one (1) or more physical or mental disabilities as defined below***.

    4. (4) Priority Category III — Nonsignificantly disabled.

       1. (A) An eligible individual with a nonsignificant disability is defined as one who has a significant physical or mental impairment:

          1. (i) That seriously limits two (2) functional capacity areas (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employment outcome;
          2. (ii) Whose vocational rehabilitation can be expected to require multiple VR services* over an extended period of time**; and
          3. (iii) Who has one (1) or more physical or mental disabilities.
       2. (B) At the counselor’s discretion and with the approval of the manager, eligible individuals who require specific services or equipment to maintain employment may be served regardless of whether they are receiving VR services under the order of selection.

Codification Notes: “TTY” means teletypewriter.