D.C. Mun. Regs. tit. 29, § 199
199.1 For purposes of this chapter, the following terms and phrases shall have the meanings ascribed below:
Act - the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701 et seq.).
Applicant - an individual who submits an application for vocational rehabilitation services.
Appropriate modes of communication - specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, Brailed and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.
Assistive technology device - any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
C.F.R. - the Code of Federal Regulations.
Client - an applicant for vocational rehabilitation services who meets the eligibility requirements.
Client Assistance Program or CAP - the program established pursuant to 29 USC § 732 for the purpose of advising, informing, assisting and advocating for applicants and eligible individuals regarding all services and benefits available pursuant to this chapter.
Client Services Division - a division within the Rehabilitation Services Administration, Department of Human Services
Comparable services and benefits - are:
(a) Services and benefits that are:
(1) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;
(2) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with § 111; and
(3) Commensurate to the services that the individual would otherwise receive from the Rehabilitation Services Administration.
(b) For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.
Competitive employment - work that is:
(a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
(b) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who do not have a disability.
Department of Human Services - a department within the government of the District of Columbia.
Determination - an official written decision made or an action taken by a representative of the District of Columbia, Department of Human Services, Rehabilitation Services Administration, affecting eligibility or the provision of services.
Eligible individual - an applicant for vocational rehabilitation services who meets the eligibility requirements of § 103.1.
Employment outcome - with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment, as defined above, in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self- employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Extended employment - work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act (29 U.S.C § 214(c)).
Extended services - ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a District of Columbia agency, a private nonprofit organization, employer, or any other appropriate resource, from funds other than funds received under 34 C.F.R. Part 361 and 34 C.F.R. Part 363 after an individual with a most significant disability has made the transition from support provided by the Client Services Division.
Extreme medical risk - a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.
Fair Labor Standards Act - the United States Fair Labor Standards Act of 1938, as amended, and codified at 29 U.S.C. §§ 201 et seq.
Family member (for purposes of receiving vocational rehabilitation services in accordance with subsection 113.2(i)) - an individual:
(a) Who either:
(1) Is a relative or guardian of an applicant or eligible individual; or
(2) Lives in the same household as an applicant or eligible individual;
(b) Who has a substantial interest in the well-being of that individual; and
(c) Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.
Good cause - a substantial reason, a legitimate justification for acting or failing to act.
Impartial hearing officer - the individual appointed by, the Director that is selected to carry out the responsibilities associated with sections 135 through 169.
Income Maintenance Administration Programs - vocational training programs that the Department of Human Services, Income Maintenance Administration may provide for recipients of such programs as Temporary Assistance for Needy Families (TANF) and the Food Stamp Program.
Independent Living Plan (ILP) - a plan that describes the established goals or objectives, the services to be provided and the anticipated duration of the services program necessary to enable an individual with a significant disability to become self-sufficient.
Individual with a disability (except as defined in the subsection that immediately follows) - is individual:
Individual with a disability for purposes of 34 C.F.R. §§ 361.5(b)(14), 361.13(a), 361.13(b)(1), 361.17(a), (b), (c), and (j), 361.18(b), 361.19, 361.20, 361.23(b)(2), 361.29(a) and (d)(5), and 361.51(b) - means an individual who:
Individual with a most significant disability - means an individual with a significant disability who is provided priority vocational services in those states that have implemented order of selection procedures pursuant to 34 C.F.R. § 361.36.
Individual with a significant disability - an individual with a disability:
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.
Individual's representative - any representative chosen in writing by an applicant or eligible individual, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.
Individualized Plan for Employment (IPE) - a plan prepared pursuant to sections 110 and 111 of this chapter.
Integrated setting -
(a) With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;
(b) With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
Impartial Hearing Officer- the individual appointed by the Director that is selected to carry out the responsibilities associated with sections 135 through 169.
Maintenance - monetary support provided to an individual for expenses that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.
Mediation - the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies.
Natural Supports - supports that are typically available to all workers in the workplace. Workplace supports may include, but are not limited to, such things as a coworker mentor who assists an employee in learning the job, a supervisor who monitors work performance, a co-worker who assists the client in developing social relationships, orientation training or other company sponsored training events, an employee assistance program and other supports that may be available.
One-Stop Center or One-Stop service delivery system - a service delivery system that is structured pursuant to Title I of the Workforce Investment Act of 1998, in accordance with 20 C.F.R. Part 662.
Personal assistance services - a range of services provided by one (1) or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services shall be designed to increase the individual's control in life and ability
to perform everyday activities on or off the job. The services shall be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Physical or mental restoration services - corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws; dentistry, nursing services, necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; drugs and supplies; prosthetic and orthotic devices; eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws; podiatry; physical, occupation and speech and hearing therapy; mental health services; treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and other medical or medically related rehabilitation services.
Post-employment services - one (1) or more of the services identified in section 113 of this chapter that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Note to Post-employment services - Post-employment services are intended to ensure that the employment outcome remains consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. These services are available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and, thus, should be limited in scope and duration. If more comprehensive services are required, then a new rehabilitation effort should be considered. Post-employment services are to be provided under an amended individualized plan for employment; thus, a re-determination of eligibility is not required. The provision of post-employment services is subject to the same requirements as the provision of any other vocational rehabilitation service. Post-employment services are available to assist an individual to maintain employment, e.g., the individual's employment is jeopardized because of conflicts with supervisors or coworkers, and the individual needs mental health services and counseling to maintain the employment; to regain employment, e.g., the individual's job is eliminated through reorganization and new placement services are needed; and to advance in employment, e.g., the employment is no longer consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Post-secondary education - community/junior colleges, proprietary/private career schools, technical institutes, hospital schools of nursing, colleges, universities, and other post-secondary training.
Psycho-educational Assessment - an evaluation of an individual's intellectual and educational functioning, limitations, achievement, and potential, and may also include identification of a secondary emotional disorder.
Psycho-educational Assessment - an evaluation of an individual's intellectual and educational functioning limitations, achievement, and potential, and may also include identification of a secondary emotional disorder.
Rehabilitation Services Administration - an administration within the Department of Human Services, District of Columbia.
Rehabilitation technology - the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
Sheltered setting - a non-integrated work environment designed for applicants and eligible individuals that are closely supervised by other individuals who provide the necessary vocational services and supports.
State - any of the 50 United States of America, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.
State Director - the Administrator of the Rehabilitation Services Administration.
Statewide workforce investment system - a system described in section 111(d)(2) of the Workforce Investment Act of 1998 (29 U.S.C. § 2821(d)(2)).
State plan - the State plan submitted by the District of Columbia for vocational rehabilitation services submitted pursuant to 34 C.F.R. § 361.10.
State Rehabilitation Council - the council established within the District of Columbia pursuant to 34 C.F.R. §§ 361.16 and 17 for the purpose of assisting the Client Services Division with the development, implementation, and revision of policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services.
Students with disabilities - a student:
private secondary school.
Substantial impediment to employment - that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.
Supported employment -
(a) Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals with ongoing support services for individuals with the most significant disabilities:
(1) For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
(2) Who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after transition to perform this work; or
(b) Transitional employment for individuals with the most significant disabilities due to mental illness.
Supported employment services - ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment that are:
(a) For a period of time not to exceed eighteen (18) months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and
(b) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.
Transition services - a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services shall promote or facilitate the achievement of the employment outcome identified in the student's individualized plan for employment.
Transitional employment (as used in the definition of "supported employment") - a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In
transitional employment, the provision of ongoing support services shall include continuing sequential job placements until job permanency is achieved.
Transportation - travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation, vehicles and systems.
U.S.C. -United States Code.
Vocational Rehabilitation services - those services listed within section 113.2 of this chapter that are necessary to determine an applicant's eligibility or that are necessary for an eligible individual to prepare for, secure, retain, or regain employment consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Washington, D.C. Metropolitan Area - areas in the District of Columbia, Maryland and Virginia that can be accessed by public transportation.
Workforce Investment Act - Title I of the Workforce Investment Act of 1998, which is codified generally at 29 U.S.C. §§ 2801 et seq.
SOURCE: Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as Final Rulemaking published at 54 DCR 6020(June 22, 2007).