PURPOSE: This rule establishes the eligibility requirements for applicants for the State Board of Education through the Division of Vocational Rehabilitation, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and the Code of Federal Regulations.

1. (1) Diagnosis of disability as defined in the Rehabilitation Act of 1973 as amended and the applicable rules must be by a qualified person, licensed or certified in Missouri or another state as approved by the Division of Vocational Rehabilitation (DVR), in accordance with applicable state law and/or regulation. Qualified personnel must have a valid, unencumbered, unrestricted, and undisciplined license or certification.

2. (2) Eligibility shall be determined pursuant to the federal act and/or applicable regulations and the following qualifications:

   1. (A) Individuals with conditions diagnosed or related to alcohol and/or drug dependence, must be participating in or have successfully completed an inpatient/outpatient drug and/or alcohol treatment program, prior to receiving services from DVR. The treatment program must be certified by the Missouri Department of Mental Health, Division of Alcohol and Drug Abuse or the Joint Commission on Accreditation of Hospitals (JCAH);
   2. (B) All referrals, applicants and eligible individuals with a visual disability will be referred to the Missouri Rehabilitation Services for the Blind (RSB) when the individual meets the visual disability requirements set forth in RSB rules; and

   3. (C) Eligibility for individuals with hearing loss must be diagnosed by a Missouri certified audiologist or a Missouri physician skilled in diseases of the ear. Eligibility for individuals with a hearing loss is based upon standards developed by the American Speech and Hearing Association (ASHA).

      1. 1. The following standards may be con-

sidered when determining eligibility:

1. A. Pure tone average, speech recep-

tions, and speech discrimination factors in determining the existence of functional limitations;

1. B. Pure tone average is determined by

computing the decibel loss at 500 Hz, 1000 Hz, and 2000 Hz;

1. C. An individual with a forty-one (41)

decibel loss in the better ear would be considered as having a disability with functional limitations;

1. D. An individual with a thirty-four to

forty (34–40) decibel loss in the better ear may be considered as having a disability with functional limitations if the loss in the other ear is ninety (90) decibels or more; or

1. E. Other factors, including speech

reception, speech discrimination, and decibel loss at frequencies above 2000 Hz may cause functional limitations.

AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.200. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.150, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.