1. (a)

   1. (1) Potentially eligible students, as well as individuals who apply for or who are eligible to receive vocational rehabilitation services have the opportunity and responsibility to make appropriate informed choices during the vocational rehabilitation process.
   2. (2) Division of State Services for the Blind staff will strive to assist individuals in a fair and objective manner to acquire the information needed to exercise informed choice.
   3. (3) Staff must provide factual information and support throughout the rehabilitation process, and they must treat the individual as an active and full partner.

2. (b)

   1. (1) Counselors must provide opportunities to all potentially eligible students and individuals applying for or receiving vocational rehabilitation services to make decisions based on informed choice throughout the rehabilitation process.
   2. (2) These opportunities will, as appropriate, also be provided to the designated representative.
3. (c) Division staff must provide information about opportunities and options regarding the informed choice process in the individual's preferred language and mode of communication.

4. (d)

   1. (1) The counselor will provide the consumer with information about the parameters which may affect the range of available career goals or service options.
   2. (2) It is the consumer’s responsibility to take the information provided and make sound career decisions and to accept ownership of the decisions that he or she has made.

5. (e)

   1. (1) Informed choice refers to choices that facilitate a successful competitive integrated employment outcome and that are consistent with the individual’s:

      1. (A) Strengths;
      2. (B) Resources;
      3. (C) Priorities;
      4. (D) Concerns;
      5. (E) Abilities; and
      6. (F) Capabilities.
   2. (2) While an individual has the right to make decisions regarding the services they receive, it does not mean division staff will unilaterally support those decisions.
   3. (3) The division is responsible, as a designated state agency for vocational rehabilitation in Arkansas, for ensuring that vocational rehabilitation funds are spent in an allowable, responsible, and effective manner.

6. (f) If the individual and the division disagree during the process, the individual has the right to:

   1. (1) Question decisions that appear unclear or unfair;
   2. (2) Exercise both informal and formal appeals; and
   3. (3) Seek the assistance of the CAP.

7. (g) Documentation.

   1. (1) The case record must contain the following documentation requirements, as applicable:

      1. (A) A description of the information the individual received to help make an informed choice;
      2. (B) Any discussion division staff and the individual had regarding the choice; and
      3. (C) A description of how or why an individual made their choices.

   2. (2) If a counselor does not support the individual’s choice or choices, the record must contain:

      1. (A) The reasons for the counselor’s decision; and
      2. (B) A statement indicating the individual was given information about their appeal rights and the availability of the Client Assistance Program.

Codification Notes: “CAP” means Client Assistance Program.