1. (a)

   1. (1) If an order of selection is implemented, the Director of the Division of State Services for the Blind will determine the priority levels that will remain open for services.
   2. (2) This determination will be made before the start of the upcoming federal fiscal year, based on the projected availability of resources.

2. (b)

   1. (1) The Division of State Services for the Blind will provide services to all eligible individuals until an order of selection must be imposed due to a shortage of funds, staff, or other resources.
   2. (2) In the event such a shortage occurs, the division will implement OOS for services that will potentially impact individuals who are not receiving services under an IPE on the implementation date.
   3. (3) The division will consider any cost saving measures that can be implemented prior to closing any priority categories.

3. (c)

   1. (1) Services will continue to be provided without restriction to all individuals who have begun to receive services under an IPE prior to the implementation date of the OOS.
   2. (2) There will be no restriction of services to individuals receiving post-employment services.
   3. (3) There will be no restriction of services to individuals receiving services as part of a trial work experience.

4. (d)

   1. (1) A waiting list will be established and maintained by priority category and application date for all eligible individuals.
   2. (2) Within categories, individuals will begin receiving services based on their date of application.

5. (e)

   1. (1) The director and Field Administrator will review the projected fiscal and personnel resources to determine if all individuals can be served.
   2. (2) This includes a review of projected number of successful closures for the upcoming year, costs for serving current customers, personnel and other non-personnel services.

6. (f)

   1. (1) Based on availability of funds, individuals in Category 1 will be served first.
   2. (2) Individuals in other categories will be served in descending order (from Category 1 through Category 3).
   3. (3) OOS requirements will be applied uniformly throughout the state.

7. (g) In the event the division needs to enter into an OOS, division staff must amend the state plan to include:

   1. (1) Which categories are subject to the waiting list;
   2. (2) A justification for the order of selection;
   3. (3) Identified service and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order, as required under 34 C.F.R. § 361.29(c)(5); and

   4. (4) Assurance that:

      1. (A) Individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services; and
      2. (B) Individuals who do not meet the order of selection criteria are provided information and referrals to access other available services.

8. (h)

   1. (1) Throughout the federal fiscal year, the OOS decision and categories must be evaluated whenever there is a change in circumstances.
   2. (2) A change in circumstances could include a change in funding or personnel.
   3. (3) The division may at some point determine that it is no longer necessary to continue to implement the OOS.
   4. (4) In such case, the division must establish that it will be able to provide all needed services to all eligible individuals in the coming fiscal year.

   5. (5) This determination must be based on circumstances that have changed that will allow the vocational rehabilitation agency to provide the full range of services to all eligible individuals, including:

      1. (A) An estimate of the number of such individuals and the cost of services;
      2. (B) The costs of administering the program, including:

9. (i) Personnel costs;

   1. (ii) Outreach activities; and

      1. (iii) Required statewide studies; and
      2. (C) The projected revenue.

Codification Notes: “IPE” means individualized plan for employment. "OOS" means order of selection.