1. A. An individual may apply for vocational rehabilitation services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school.
2. B. The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for vocational rehabilitation services under Regulation .05 of this chapter.

3. C. The Division shall schedule an interview with the individual upon initial contact or referral to:

   1. (1) Explain the vocational rehabilitation process, the individual's rights, including the right to an appeal hearing, the right to pursue mediation, and the availability of the resources within the Client Assistance Program; and
   2. (2) Assist the individual to apply for vocational and other rehabilitation services.

4. D. The Division shall conduct an assessment for determining eligibility and vocational rehabilitation needs, as appropriate in each case, including:

   1. (1) An assessment for determining eligibility and priority for services, to determine whether the client meets the eligibility criteria under Regulation .05 or .06 of this chapter and can be served under the order of selection according to Regulation .13 of this chapter, including:

      1. (a) A review and assessment of existing data; and
      2. (b) To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, an assessment of additional data resulting from the provision of vocational rehabilitation services, including assistive technology devices and services and worksite assessments, that are necessary to determine whether an individual is eligible;

   2. (2) A comprehensive assessment of the eligible individual, to the extent additional data is necessary to make a determination of the employment outcome, and the objectives, nature, and scope of vocational rehabilitation services to be included in the individualized plan for employment of an individual who meets the eligibility criteria under Regulation .05 or .06 of this chapter and meets order of selection criteria under Regulation .13 of this chapter, and the assessment shall:

      1. (a) Consist of a comprehensive assessment of pertinent medical, psychological, vocational, educational, recreational, and other factors relating to the individual's impediment to employment and rehabilitation needs;
      2. (b) Include an assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment services of an eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual;

      3. (c) Include to the degree needed, an appraisal of the individual's:

         1. (i) Career interests,
         2. (ii) Personality,
         3. (iii) Intelligence and related functional capacities,
         4. (iv) Educational achievement,
         5. (v) Work experience,
         6. (vi) Personal, vocational, and social adjustment,
         7. (vii) Interpersonal skills,
         8. (viii) Vocational aptitude,
         9. (ix) Employment opportunities, and
         10. (x) Other pertinent data helpful in determining the nature and scope of services needed;
      4. (d) Include, as appropriate for each individual, an appraisal of the individual's patterns of work behavior, services needed to acquire occupational skill and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, and the need for rehabilitation technology services;
   3. (3) Other goods or services including rehabilitation technology services necessary to determine eligibility, priority for services, and rehabilitation needs;
   4. (4) Referral to other agencies or organizations when appropriate;
   5. (5) The provision of vocational rehabilitation services during trial work experiences, or an extended evaluation, or both, consistent with Regulation .06 of this chapter for the purpose of determining whether the individual can benefit from vocational rehabilitation services due to the severity of the individual's disability.

Authority: Education Article, §§21-301—21-306 and 21-402—21-404, Annotated Code of Maryland

Effective date: April 3, 1989 (16:6 Md. R. 729)

Regulation .01 amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .02B amended effective September 2, 1991 (18:17 Md. R. 1919); February 28, 1994 (21:4 Md. R. 277); August 15, 1994 (21:16 Md. R. 1388)

Regulation .03C amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .06C amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .07 amended effective August 15, 1994 (21:16 Md. R. 1388)

Regulation .07P recodified to .07Q and new Regulation .07P adopted effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .09 amended effective August 15, 1994 (21:16 Md. R. 1388)

Regulation .09B amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .11 amended effective August 15, 1994 (21:16 Md. R. 1388)

Regulation .13B amended effective September 2, 1991 (18:17 Md. R. 1919)

Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277)

Regulation .16 adopted effective February 28, 1994 (21:4 Md. R. 277)

Chapter revised effective August 7, 2000 (27:15 Md. R. 1402)

Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2158)

Regulation .03 amended effective October 28, 2002 (29:21 Md. R. 1646)

Regulation .03-1B amended effective December 9, 2004 (31:24 Md. R. 1728); March 13, 2006 (33:5 Md. R. 522); December 6, 2007 (34:24 Md. R. 2158); November 30, 2009 (36:24 Md. R. 1859); January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881)

Regulation .04A amended effective March 13, 2006 (33:5 Md. R. 522)

Regulation .04D amended effective December 9, 2004 (31:24 Md. R. 1728)

Regulation .05 amended effective October 28, 2002 (29:21 Md. R. 1646); December 6, 2007 (34:24 Md. R. 2158)

Regulation .05H amended effective December 9, 2004 (31:24 Md. R. 1728)

Regulation .06 amended effective December 9, 2004 (31:24 Md. R. 1728)

Regulation .07I amended effective December 9, 2004 (31:24 Md. R. 1728)

Regulation .10 amended effective October 1, 2001 (28:19 Md. R. 1687); October 28, 2002 (29:21 Md. R. 1646)

Regulation .12 amended effective October 1, 2001 (28:19 Md. R. 1687); December 9, 2004 (31:24 Md. R. 1728)

Regulation .13B amended effective January 12, 2009 (36:1 Md. R. 23)

Regulation .14 amended effective October 28, 2002 (29:21 Md. R. 1646)

Regulation .15 amended effective October 1, 2001 (28:19 Md. R. 1687)

Regulation .15 repealed and new Regulation .15 adopted effective October 28, 2002 (29:21 Md. R. 1646)

Regulation .15 repealed and new Regulation .15 adopted effective December 9, 2004 (31:24 Md. R. 1728)

Regulation .15 repealed and new Regulation .15 adopted effective March 13, 2006 (33:5 Md. R. 522)

Regulation .15 repealed and new Regulation .15 adopted effective December 6, 2007 (34:24 Md. R. 2158)

Regulation .15 amended effective January 12, 2009 (36:1 Md. R. 23)

Regulation .15 repealed and new Regulation .15 adopted effective November 30, 2009 (36:24 Md. R. 1859)

Regulation .15 amended effective January 21, 2013 (40:1 Md. R. 21); July 20, 2015 (42:14 Md. R. 881)

Regulation .16D amended effective December 6, 2007 (34:24 Md. R. 2158)

Regulation .17 amended effective October 28, 2002 (29:21 Md. R. 1646)

Regulation .17C amended effective March 13, 2006 (33:5 Md. R. 522)