PURPOSE: This rule establishes the standards for vocational rehabilitation services for the State Board of Education through the Division of Vocational Rehabilitation, Department of Elementary and Secondary Education for individuals with disabilities pursuant to the Rehabilitation Act of 1973 as amended and the Code of Federal Regulations.

1. (1) Vocational rehabilitation services as defined in the federal act and/or applicable regulations may be provided to individuals.

   1. (A) Financial Need.

      1. 1. The following vocational rehabilitation services as

defined in the federal act and/or applicable regulations may be provided to individuals based upon financial need:

1. A. Physical and/or mental restoration, including but

not limited to hospitalization, medical treatment, surgery, dentistry, and prosthesis;

1. B. Training, including tuition, fees, books, supplies,

training materials and other services associated with training;

1. C. Maintenance;
2. D. Transportation;
3. E. Placement tools, including initial stock and supplies

associated with placement;

1. F. Self-employment;
2. G. Rehabilitation technology service, including assistive

technology devices and services to assist the individual to achieve an employment outcome;

1. H. Home modification or remodeling;
2. I. Vehicle modification;
3. J. Services to family members to assist the individual to

achieve an employment outcome;

1. K. Personal attendant services;
2. L. Note-taking services, not involving sign language

interpretation; and/or

1. M. Other goods and services not listed above to assist the

individual to achieve an employment outcome.

1. 2. Financial need is based upon the individual’s adjusted

gross income level of the most recent tax records less unreimbursed disability related expenses as approved by the Division of Vocational Rehabilitation (DVR) and compared to one hundred eighty-five percent (185%) of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis.

1. 3. Individuals who are below three hundred percent (300%)

of the U.S. Department of Health and Human Services poverty level for Missouri and the Consumer Price Index as updated on an annual basis, and do not receive any services based upon financial need as listed in this subsection, may receive an annual fixed amount as determined by DVR, to be applied toward tuition costs or required fees for training services. This amount may be authorized by DVR for a twelve (12)-month period of time on an annual basis, beginning on the date of services listed on the Individualized Plan for Employment (IPE).

1. (B) Nonfinancial Need.

   1. 1. The following vocational rehabilitation services as

defined in the federal act and/or applicable regulations may be provided to individuals regardless of financial need:

1. A. Medical diagnostic services including medical

and surgical examination, psychiatric evaluation, dental examination, inpatient hospitalization for specific identified vocational rehabilitation diagnostic and evaluation services including room, board and other services provided by the facility, clinical laboratory tests, diagnostic x-ray procedures and other medically recognized diagnostic services;

1. B. Psychological diagnostic services including

psychological tests and measurements, intelligence tests, achievement tests, assessment of social functioning, educational achievement and other recognized diagnostic services;

1. C. Social and vocational diagnostic services including

evaluation of the individual’s employment opportunities and objectives in light of personality factors, intelligence level, educational achievements, work experience, vocational aptitudes and interests, and personal and social adjustment;

1. D. Maintenance when required to enable the individual

to participate in diagnostic evaluation/services;

1. E. Transportation when required to enable an individual

to participate in diagnostic evaluation/services;

1. F. Assessment for determining eligibility and vocational

rehabilitation needs;

1. G. Counseling, guidance, information and referral

services;

1. H. Interpreter services for deaf or non-English speaking

individuals when necessary to participate in a rehabilitation plan. Note-taking services that include interpreter services are not based upon the individual’s financial need; and/or

1. I. Placement assistance into suitable employment

and follow-up on-the-job training fees required to meet a job objective, including fees for: on-the-job training fees, supported employment and work stations in industry. (All other services required during the training such as maintenance and transportation will be based on financial need.)

1. (2) Individuals must use and make application for all available comparable services including but not limited to federal and state financial aid, which will be used to reduce the costs of services for DVR. Other comparable services, including Medicaid, Medicare and insurance will also be used by DVR to reduce the costs of services.

   1. (A) Prior to providing any services to an individual, DVR will determine whether comparable services or benefits are available under any other program, except in the following instances:

      1. 1. Rehabilitation technology service, including assistive

technology devices and services to assist the individual to achieve an employment outcome;

1. 2. Counseling, guidance, information and referral services;
2. 3. Assessment for determining eligibility and vocational

rehabilitation needs;

1. 4. Job-related services, including job search and placement

assistance, job retention services, follow-up services, and follow-along services;

1. 5. When a determination would delay or interrupt the

progress of the individual toward achieving the employment outcome identified in the individualized plan for employment;

1. 6. When a determination would delay and interrupt job

placement; and

1. 7. Provision of a service to any individual at extreme

medical risk.

1. (3) DVR funds may not be used for the purchase of the following:

   1. (A) Real property, defined as land, including land improvements, structures and appurtenances thereto, excluding moveable machinery or equipment; and/or
   2. (B) Automobile, truck, van, airplane, boat, other powered vehicle, or trailer that requires title and/or licensing by the state.
2. (4) DVR will follow all Missouri procurement policies as specified in the Revised Statutes of Missouri for the purchase, retention, repossession and discarding of items including but not limited to prosthetic appliances; home modifications; vehicle modifications; initial tools, stock and equipment and/ or rehabilitation technology/devices.

AUTHORITY: sections 161.092, RSMo Supp. 2003 and 178.600, 178.610 and 178.620, RSMo 2000.* This rule previously filed as 5 CSR 90-5.400. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Amended: Filed Dec. 7, 2000, effective July 30, 2001. Amended: Filed June 30, 2004, effective Jan. 30, 2005. Moved to 5 CSR 20-500.210, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.