PURPOSE: This rule establishes the order of selection for vocational rehabilitation services if the State Board of Education through the Division of Vocational Rehabilitation, Department of Elementary and Secondary Education cannot provide services to all eligible individuals with disabilities in the State of Missouri. (1) The following definitions apply to these regulations:

1. (A) Individual with the Most Significant Disability. An individual with a significant disability as defined in this rule, and the following:

   1. 1. Who is seriously limited in three (3)

or more of the following functional areas:

1. A. Self-care;
2. B. Communication;
3. C. Mobility;
4. D. Self-direction;
5. E. Work tolerance;
6. F. Work skills; and/or
7. G. Interpersonal skills;

8. (B) Individual with a Significant Disability. An individual with a disability, as defined in this rule and the following:

   1. 1. Who has a severe physical or mental

impairment that seriously limits one (1) or more functional capacities (such as mobility; communication; self-care; self-direction; interpersonal skills; work tolerance; and/or work skills) in terms of an employment outcome;

1. 2. Whose vocational rehabilitation can

be expected to require multiple vocational rehabilitation services over an extended period of time; and

1. 3. Who has one (1) or more physical or

mental disabilities resulting from amputation; arthritis; autism; blindness; burn injury; cancer; cerebral palsy; cystic fibrosis; deafness; head injury; heart disease; hemiplegia; hemophilia; respiratory or pulmonary dysfunction; mental retardation; mental illness; multiple sclerosis; muscular dystrophy; musculo-skeletal disorders; neurological disorders (including stroke or epilepsy); spinal cord conditions (including paraplegia or 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; or

1. (C) Individual with a Disability. Any individual as defined in this rule and the following:

   1. 1. Who has a physical or mental impair-

ment;

1. 2. Whose impairment constitutes or

results in a substantial impediment to employment; and

1. 3. Who can benefit in terms of an

employment outcome from the provision of vocational rehabilitation service.

1. (2) In the event vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the state of Missouri, the Division of Vocational Rehabilitation (DVR) will implement a statewide order of selection. In accordance to the following priority categories, individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services. Services shall be provided based upon the eligible individual’s placement in one (1) of the following category priorities:

   1. (A) Priority Category I—An individual with the most significant disabilities as defined above;
   2. (B) Priority Category II—An individual with a significant disability as defined above; or
   3. (C) Priority Category III—An individual with a disability as defined above.
2. (3) An eligible individual will be placed in the appropriate priority category and receive written notification of the assigned priority category. The eligible individual’s date of application will be used to determine the order of services within a priority category.
3. (4) An eligible individual will be notified of their right to appeal their category assignment.
4. (5) All funding arrangements for providing services, including any third-party arrangements and awards by DVR shall be consistent with the order of selection. If any funding arrangements are inconsistent with the order of selection, DVR shall renegotiate these funding arrangements so that they are consistent with the order of selection.
5. (6) Eligible individuals who are in a priority category that is not open, shall be provided accurate vocational rehabilitation information and guidance (including counseling and referral for job placement) using appropriate modes of communication to assist them in preparing for, securing, retaining, or regaining employment. These individuals will also be referred to other appropriate federal and state programs, including the statewide workforce investment career centers.

6. (7) Individuals being referred to appropriate programs, as mentioned above, shall be provided the following:

   1. (A) A notice of the referral to the agency carrying out the program;
   2. (B) Information identifying a specific point of contact within the agency to which the individual is being referred; and
   3. (C) Information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain or regain employment.
7. (8) An eligible individual’s placement in a priority category may be changed under justifiable circumstances.
8. (9) Rationale for placement will appear in the individual’s case file.
9. (10) The order of selection shall in no way affect the provision or authorization of diagnostic and evaluation services needed to determine eligibility.
10. (11) Services authorized or provided to any eligible individual shall not be disrupted as a result of an order of selection or the closing of a priority category.
11. (12) Order of selection priority categories do not apply to post-employment services.
12. (13) The order of selection shall in no way affect eligible individual’s access to services 5 CSR 20-500

provided through DVR’s information and referral system.

AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-4.300. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Moved to 5 CSR 20-500.160, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.