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. (1) 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 an order of selection. 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 through the federal act and/or applicable regulations;

   2. (B) Priority Category II—An individual with a significant disability as defined in the federal act and/or applicable regulations and whose disability was sustained in the line of duty while performing as a public safety officer and the immediate cause of the disability was the result of one (1) of the following:

      1. 1. A criminal act;
      2. 2. An apparent criminal act; or
      3. 3. A hazardous condition resulting from

the performance of duties in direct connection with the enforcement, execution and administration of law or fire prevention, firefighting or related public safety activities;

1. (C) Priority Category III—An individual with a significant disability as defined in the federal act and/or applicable regulations;
2. (D) Priority Category IV—An individual with a disability as defined in the federal act and/or applicable regulations and who is receiving services from state-wide government agencies with whom DVR has a working written agreement detailing the responsibilities of each agency. Classification in this category is not made on the basis of type of disabling condition. However, public safety officers will receive services first within this priority category; or
3. (E) Priority Category V—An individual with a disability as defined in the federal act and/or applicable regulations. Public safety officers will receive services first within this priority category.

1. (2) 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.
2. (3) An eligible individual’s placement in a priority category may be changed under justifiable circumstances.
3. (4) Rationale for placement will appear in the individual’s case file.
4. (5) The order of selection shall in no way affect the provision or authorization of diagnostic and evaluation services needed to determine eligibility.
5. (6) 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.
6. (7) Order of selection priority categories do not apply to post-employment services.
7. (8) The order of selection shall in no way affect eligible individual’s access to services provided through DVR’s information and referral system.

AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. *Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.