PURPOSE: This rule establishes the eligibility requirements for applicants for the State Board of Education through the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, 20 USC section 701 et. seq. and the Code of Federal Regulations, 34 CFR section 361.42.

1. (1) Vocational rehabilitation (VR) may only provide services to an individual who—

   1. (A) Has been determined to have a physical or mental disability that serves as a substantial impediment to employment and who can benefit from an employment outcome;
   2. (B) Is a Missouri resident, though a duration of residency requirement may not be imposed; and
   3. (C) Is authorized to work in the United States.
2. (2) Diagnosis of disability must be by a qualified professional who is licensed or certified in Missouri or in another state as approved by VR, and in accordance with applicable state law and/or regulation.

3. (3) Eligibility for services shall be determined pursuant to the federal act and/or applicable regulations and shall include 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 VR connected with an Individualized Plan for Employment (IPE). The treatment program must be certified by the Missouri Department of Mental Health, The Joint Commission, or a drug court;
   2. (B) All referrals, applicants, and eligible individuals who meet the required eligibility requirements set by the Missouri Rehabilitation Services for the Blind (MRSB) will be referred to and served by MRSB; and

   3. (C) Individuals who are deaf, late-deafened, or hard of hearing must be evaluated by a certified audiologist or a physician skilled in diseases of the ear. Eligibility criteria for individuals with a hearing loss are based upon standards developed by the American Speech-Language-Hearing Association.

      1. 1. The following standards will be con-

sidered when determining eligibility:

1. A. An individual must have a diagno-

sis at a minimum of a mild to moderate hearing loss in both ears and functional limitations as a result of the hearing loss; and

1. B. Pure tone average speech recep-

tions, speech discrimination, and decibel loss at frequencies above 2000Hz. AUTHORITY: section 161.092, RSMo Supp. 2013, and sections 178.600, 178.610, and 178.620, RSMo 2000.* 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. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. *Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.