1. (a)

   1. (1) The Division of State Services for the Blind defines a student with a disability in accordance with federal regulations.
   2. (2) Under 34 C.F.R. § 361.5(c)(51), a student with a disability is an individual in a secondary, postsecondary, or other recognized education program receiving services through the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA, also known as special education), or an individual with a disability for purposes of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

2. (b)

   1. (1) In Arkansas, a student may not be younger than sixteen (16) and not older than twenty-two (22).
   2. (2) This is in accordance with IDEA in Arkansas.

3. (c)

   1. (1) Pre-ETS may only be provided to those that meet the definition of a student with a disability.
   2. (2) Those that are not within the defined age range cannot receive pre-ETS, but they may receive VR transition services once they apply for and are determined eligible for the VR program.

4. (d) Note.

   1. (1) The definition of a “student with a disability” differs from the definition of a “youth with a disability”.
   2. (2) A youth with a disability is an individual with a disability, age fourteen (14) to twenty-four (24) who may or may not be enrolled in an education program.

5. (e) Definition of “enrolled in school”:

   1. (1) Examples include high school, home school, post-secondary education programs, GED programs, charter school, or other programs considered educational in nature;

   2. (2) To be considered enrolled in a recognized post-secondary education program, there must be:

      1. (A) Documentation of graduation from secondary education;
      2. (B) Documentation of the intent or confirmed acceptance of the invitation to enter a post-secondary program, such as a class registration form; and
      3. (C) Documentation from an institution that the seat or spot is being held for them, such as a letter of acceptance; and
   3. (3) The summer between high school and additional education is still considered enrollment as long as the student has applied for and has been accepted into a program.

6. (f)

   1. (1) Students who need pre-ETS are not required to apply for vocational rehabilitation (VR) services to receive pre-ETS.

   2. (2) If a student requires other services in addition to pre-ETS, they must be informed that in order to receive those additional services, the student must:

      1. (A) Apply for services;
      2. (B) Receive an eligibility decision; and
      3. (C) Have an active individualized plan for employment (IPE).
   3. (3) If the student has an active IPE, any pre-ETS provided must be on their IPE.
   4. (4) At referral, all students with disabilities must be provided the opportunity for informed choice on whether or not to apply for VR services.

7. (g)

   1. (1) Students with disabilities connected with the division for the provision of pre-ETS will have one (1) of two (2) case types:

      1. (A) Potentially eligible (PE); or
      2. (B) Vocational rehabilitation (VR).
   2. (2) Students with disabilities who have not applied for the VR program will have a PE case.
   3. (3) Students who have applied to the VR program and are in the eligibility determination process or have been determined eligible will have a VR case.

8. (h)

   1. (1) The term “potentially eligible” applies only in the context of pre-ETS.
   2. (2) Therefore, if students with disabilities require individualized services beyond the scope of pre-ETS, they must apply and be determined eligible for the VR program, be assigned to the appropriate priority category, and develop an approved IPE to receive the additional VR services they need.

Codification Notes: “ETS” means employment transition services. "GED" means general education development test.