PURPOSE: This rule establishes the procedures for appeal by an applicant or eligible individual dissatisfied with a determination 5 CSR 90-4

made regarding the provision of services by 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) When an applicant or eligible individual signs an application, is determined ineligible for services, the Individualized Plan for Employment (IPE) is developed or executed, or upon reduction, suspension, or cessation of vocational rehabilitation services, the applicant or eligible client will be apprised of their rights to a due process hearing and/or mediation.
2. (2) When an applicant or eligible individual is dissatisfied with any determination made by the Division of Vocational Rehabilitation
3. (DVR) regarding the provision of services, the applicant or eligible individual may request under the rules promulgated by the State Board of Education, informal review, a due process hearing or mediation.
4. (3) When an applicant or eligible individual is dissatisfied with any determination made by DVR regarding the provision of services, the applicant or eligible individual will be given information about the Client Assistance Program.
5. (4) Division of Vocational Rehabilitation will not suspend, reduce, or terminate services provided to an eligible client under an existing IPE pending a decision from informal review, due process hearing or written mediation agreement, unless the eligible individual or their representative requests in writing that services be suspended, reduced or terminated.

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.