Date of Adoption: December 19, 2002.

     Purpose: To repeal old rehabilitation rules and adopt new chapter 388-891 WAC to comply with the August 1998 amendments to the Rehabilitation Act of 1973, the United States Department of Education regulations including 34 C.F.R. Part 361 State Vocational Rehabilitation Services Program, 34 C.F.R. Part 363 State Supported Employment Services Program, chapter 74.29 RCW for rehabilitation services for individuals with disabilities, chapter 43.19 RCW for purchasing and loaning equipment, RCW 43.43.832 for background check requirements for in-home or relative child care providers, and RCW 4.24.550, 71.09.340, 9A.44.130 and chapter 26.44 RCW regarding sex offenders.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-890-0005 What is the purpose of this chapter?, 388-890-0010 What definitions apply to this chapter?, 388-890-0015 What is informed choice?, 388-890-0020 How does DVR support the informed choice process?, 388-890-0025 What decisions can I make using informed choice?, 388-890-0030 What if I don't know how to use the informed choice decision making process?, 388-890-0035 Who is eligible to receive VR services?, 388-890-0040 How does DVR determine whether VR services will enable me to work?, 388-890-0045 Am I eligible for VR services if I receive Social Security disability benefits?, 388-890-0050 What criteria are not considered in the eligibility decision?, 388-890-0055 What information does DVR use to make an eligibility decision?, 388-890-0060 After I submit my application to DVR, how long does it take DVR to make an eligibility decision?, 388-890-0065 What happens if DVR determines that I am not eligible?, 388-890-0070 If I am not eligible for DVR services, can DVR help me find other services and programs to meet my needs?, 388-890-0071 If I am eligible for or ineligible for VR services, how will I be notified?, 388-890-0075 Who can apply for vocational rehabilitation services?, 388-890-0080 Can I receive VR services if I am not a United States citizen?, 388-890-0085 Am I required to provide proof of my identity and work status?, 388-890-0090 If I don't live in Washington, can I receive VR or IL program services?, 388-890-0095 Can I receive VR services if I am legally blind?, 388-890-0100 Can I receive VR or IL program services if I am Native American?, 388-890-0105 How do I apply for VR services?, 388-890-0110 Under what general conditions does DVR provide vocational rehabilitation services to individuals?, 388-890-0115 Can I ask for an exception to a rule or a condition relating to VR services?, 388-890-0120 How do I ask for an exception to a rule or condition in this chapter?, 388-890-0125 What happens if the service I want exceeds what I need or is more expensive than a similar service?, 388-890-0130 Can a guardian or another representative act on my behalf?, 388-890-0135 What is the purpose of vocational rehabilitation (VR) services?, 388-890-0140 How do I know which VR services are right for me?, 388-890-0145 What vocational rehabilitation services are available to individuals from DVR?, 388-890-0150 What are assessment services?, 388-890-0155 To determine whether I am eligible for VR services, who decides what assessment services I need and where to get the assessment services?, 388-890-0160 If I need assessment services to help me choose an employment goal and what VR services I need, who decides what assessment services I need and where to get the assessment services?, 388-890-0165 What if I already have assessment information to help me and DVR make the decisions we need to make?, 388-890-0170 How do I provide needed assessment information to DVR?, 388-890-0175 What is an assistive technology device?, 388-890-0180 Under what conditions does DVR provide and issue assistive technology devices?, 388-890-0185 Under what conditions does DVR provide vehicle modifications?, 388-890-0190 What are assistive technology services?, 388-890-0195 Under what conditions does DVR provide assistive technology services?, 388-890-0200 What are counseling and guidance services?, 388-890-0210 Under what conditions does DVR provide counseling and guidance services?, 388-890-0220 What are independent living services?, 388-890-0225 Under what conditions does DVR provide independent living services?, 388-890-0230 What are interpreter services?, 388-890-0235 Under what conditions can I receive interpreter services?, 388-890-0240 What are job placement and job retention services?, 388-890-0245 Under what conditions can I receive job placement and job retention services?, 388-890-0250 What are maintenance services?, 388-890-0255 Under what conditions does DVR provide maintenance services?, 388-890-0260 What are occupational licenses?, 388-890-0265 Under what conditions can I get an occupational license?, 388-890-0270 What other goods and services does DVR provide?, 388-890-0275 Under what conditions does DVR provide and issue other goods and services?, 388-890-0280 What are personal assistance services?, 388-890-0285 Under what conditions does DVR provide or pay for personal assistance services?, 388-890-0290 What are the physical and mental restoration services DVR provides?, 388-890-0295 Under what conditions does DVR provide physical and mental restoration services?, 388-890-0300 What are the medical treatments DVR does not pay for?, 388-890-0305 What are post-employment services?, 388-890-0310 Under what conditions does DVR provide post-employment services?, 388-890-0315 What are reader services?, 388-890-0320 Under what conditions does DVR provide reader services?, 388-890-0325 What are referral services?, 388-890-0330 Under what conditions does DVR provide referral services?, 388-890-0335 What is rehabilitation engineering?, 388-890-0340 Under what conditions does DVR provide rehabilitation engineering?, 388-890-0345 What are self-employment services?, 388-890-0350 Under what conditions does DVR provide self-employment services and issue items for self-employment?, 388-890-0355 What are services to family members?, 388-890-0360 Under what conditions does DVR provide services to my family members?, 388-890-0365 What are supported employment services?, 388-890-0370 What are tools, equipment, initial stocks and supplies?, 388-890-0375 Under what conditions does DVR provide and issue tools, equipment, initial stocks and supplies?, 388-890-0380 What are training services?, 388-890-0385 What is on-the-job training?, 388-890-0390 Under what conditions does DVR provide on-the-job training?, 388-890-0395 Under what conditions does DVR provide training services and issue items for training?, 388-890-0400 Do I have to apply for a student loan to pay for training services?, 388-890-0405 Can I receive training services from a private school, an out-of-state training agency or an out-of-state college?, 388-890-0410 What are transition services?, 388-890-0415 Under what conditions does DVR provide transition services?, 388-890-0420 How does DVR coordinate with public high schools to provide transition services?, 388-890-0425 How does DVR help me plan transition services?, 388-890-0430 Who decides what transition services I get from DVR?, 388-890-0435 What activities does DVR support after I leave high school?, 388-890-0440 What are transportation services?, 388-890-0445 Under what conditions does DVR provide transportation services?, 388-890-0450 Under what conditions does DVR provide and issue a vehicle?, 388-890-0455 Under what conditions does DVR issue a device, tool, piece of equipment or other item I need to participate in VR services or to get a job?, 388-890-0460 What conditions apply to the use of a device, tool, piece of equipment or other item that is issued to me?, 388-890-0465 What types of devices, tools, pieces of equipment or other items can DVR issue to me?, 388-890-0470 Does DVR issue new or used devices, tools, pieces of equipment, or other items?, 388-890-0475 What happens if I fail to return a device, tool, piece of equipment or other item if requested by DVR?, 388-890-0480 What happens to a device, tool, piece of equipment or other item if I need it when my DVR case service record is closed?, 388-890-0485 What is an individualized plan for employment (IPE)?, 388-890-0490 How do I develop an IPE?, 388-890-0495 What information does DVR give me to develop my IPE?, 388-890-0500 Who makes decisions about what to include on my IPE?, 388-890-0505 Can I include any VR services I want on my IPE?, 388-890-0510 What if the employment goal I choose is religious in nature?, 388-890-0515 What must be included on my IPE?, 388-890-0520 Who signs the IPE?, 388-890-0525 Is the IPE reviewed and updated?, 388-890-0530 Why does DVR close a case service record?, 388-890-0535 Under what conditions does DVR determine that I am working and no longer need VR services?, 388-890-0540 Am I involved in the decision to close my case?, 388-890-0545 What is competitive employment?, 388-890-0550 What is extended employment?, 388-890-0555 If the job I get is in extended employment, what follow-up does DVR provide?, 388-890-0560 Under what conditions does DVR follow up with me if I am determined ineligible for VR services?, 388-890-0570 What is supported employment?, 388-890-0575 Who is eligible for supported employment?, 388-890-0580 Who decides if I am eligible for supported employment?, 388-890-0585 What is competitive work in supported employment?, 388-890-0590 What is an integrated setting in supported employment?, 388-890-0595 Is my work setting integrated if my interactions at the work site are with nondisabled supported employment service providers?, 388-890-0600 What is transitional employment?, 388-890-0605 What are supported employment services?, 388-890-0610 What are ongoing support services?, 388-890-0615 Under what conditions does DVR provide supported employment services?, 388-890-0620 What is included on my individualized plan for supported employment?, 388-890-0625 What are extended services?, 388-890-0630 Does DVR provide extended services?, 388-890-0635 Who provides the extended services I need?, 388-890-0640 What is natural support?, 388-890-0645 Are supported employment services time-limited?, 388-890-0650 What is required for me to change from supported employment services to extended services?, 388-890-0655 What happens if my VR counselor and I do not find a source for extended services and/or we cannot establish natural supports during the initial eighteen months of my individualized plan for employment?, 388-890-0660 Under what conditions does DVR close my case service record for supported employment?, 388-890-0665 Under what conditions does DVR provide supported employment services as post-employment services?, 388-890-0670 What is a trial work experience?, 388-890-0675 What happens during a trial work experience?, 388-890-0680 Who decides if a trial work experience is needed to determine if I am eligible for DVR services?, 388-890-0685 What services does DVR provide during a trial work experience?, 388-890-0690 What if I am too significantly disabled to participate in a trial work experience?, 388-890-0695 What choices can I make about the trial work experience?, 388-890-0700 Am I evaluated during the trial work experience?, 388-890-0705 When does DVR make an eligibility decision when I am in a trial work experience?, 388-890-0710 Are there any vocational rehabilitation services that can be provided to a group of individuals with disabilities?, 388-890-0715 Under what conditions does DVR provide services to a group of individuals with disabilities to establish, develop or improve a community rehabilitation program?, 388-890-0720 Under what conditions does DVR provide services to a group of individuals with disabilities that cannot be purchased under an individual IPE?, 388-890-0725 Under what conditions does DVR provide consulting and/or technical assistance to plan for the transition of students with disabilities?, 388-890-0730 What if DVR does not have funding to serve all eligible individuals?, 388-890-0745 If DVR has to decide in what category to place me, who decides what assessment services I need and where to get the assessment services?, 388-890-0750 What categories are used by DVR to determine the priority by which eligible individuals are served and in what order are the categories prioritized?, 388-890-0755 What information does DVR use to determine whether I am in category one?, 388-890-0760 What information does DVR use to determine whether I am in category two?, 388-890-0765 What information does DVR use to determine whether I am in category three?, 388-890-1100 How are costs for VR and IL program services paid?, 388-890-1110 What are comparable services and benefits?, 388-890-1115 What VR or IL program services are provided without a determination of comparable services or benefits?, 388-890-1120 What if determining the availability of comparable services and benefits would result in a delay or interrupt my progress?, 388-890-1125 What is extreme medical risk?, 388-890-1130 Does DVR pay for a service if comparable services and benefits are available, but I don't want to use them?, 388-890-1135 Are awards and scholarships based on merit considered comparable services and benefits?, 388-890-1140 How do I get comparable services and benefits?, 388-890-1145 How does DVR determine whether I pay for all or part of my VR or IL services using my own financial resources?, 388-890-1150 Do I have to report my financial status if I receive public assistance or income support from another public program?, 388-890-1155 What financial information does DVR use to decide if I need to help pay for VR services?, 388-890-1160 Are any of my resources not counted in the decision about whether I have to help pay for services?, 388-890-1165 How does DVR decide whether I have resources to help pay for VR services?, 388-890-1170 How is the amount I pay for VR or IL program services determined?, 388-890-1175 What VR or IL program services am I not required to help pay for?, 388-890-1180 What if a VR counselor makes a decision about my VR services that I don't agree with?, 388-890-1185 What is the client assistance program (CAP)?, 388-890-1190 What is mediation?, 388-890-1195 When can I ask for mediation?, 388-890-1200 Who arranges and pays for mediation?, 388-890-1205 Is information discussed during mediation confidential?, 388-890-1210 How do I request mediation?, 388-890-1215 After the mediation session, do I receive a written statement of the results?, 388-890-1220 What is a formal hearing?, 388-890-1225 When is a formal hearing available?, 388-890-1230 How do I request a formal hearing?, 388-890-1235 After I submit a request for a formal hearing, when is it held?, 388-890-1240 Do I receive a written formal hearing decision?, 388-890-1245 Is the decision after a formal hearing final?, 388-890-1250 Can DVR suspend, reduce or terminate my services while waiting for a formal hearing decision?, 388-890-1255 How do I know what personal information I must give DVR and how it is used?, 388-890-1260 Does DVR keep a record of my VR services on file?, 388-890-1265 Under what conditions does DVR share personal information in my record with another service provider or organization?, 388-890-1270 When DVR gets personal information about me from another agency or service provider, is it kept confidential?, 388-890-1275 Does DVR change incorrect information in my record?, 388-890-1280 How do I receive copies of information from my DVR record?, 388-890-1285 Can DVR release personal information without my written consent?, 388-890-1290 Under what conditions does DVR release personal information for audit, evaluation or research?, 388-890-1295 How does DVR protect personal information about drug, alcohol, HIV/AIDS and sexually transmitted diseases?, 388-890-1300 How do I contact DVR if I don't speak English?, 388-890-1305 What other methods of communication does DVR use?, and 388-890-1310 When does DVR communicate with me using methods other than English?

     Statutory Authority for Adoption: RCW 74.29.020, 74.08.090.

     Other Authority: August 1998 amendments to the Rehabilitation Act of 1973, 34 C.F.R. Part 361 and 34 C.F.R. Part 363, chapters 74.29, 43.19 RCW, RCW 43.43.832, 4.24.550, 71.09.340, 9A.44.130, and chapter 26.44 RCW.

      Adopted under notice filed as WSR 02-20-043 on September 25, 2002.

     Changes Other than Editing from Proposed to Adopted Version: 1. WAC 388-891-0010 definition of competitive employment is changed to clarify the intent of 34 C.F.R. 361.5(11). In subsection (1), the phrase "in a job that is available to all qualified workers" was deleted.

     2. WAC 388-891-0110(1) is changed to more clearly identify the types of qualified processionals who may conduct assessments. After "... you must participate in an assessment conducted by a ..." the following phrase was inserted "licensed psychiatrist, psychologist, counselor, certified sex offender treatment provider, or other."

     3. WAC 388-891-0325 is changed to clarify the services and conditions under which DVR is responsible to pay and the services and conditions under which the customer is responsible to pay. At the beginning of the first sentence following the rule caption, the following phrase was inserted "Except for the services outlined in WAC 388-891-310."

     4. All of the proposed rules having the term "DVR services" are changed to the term "VR services" for clarity. WAC 388-891-0600 lists VR services by name (not a change). WAC 388-891-0605 through 388-891-0790 describe each VR service (not a change).

     5. WAC 388-891-0755 is changed to clarify the transition services DVR provides to high school students in compliance with WAC 388-891-0300(5) and 388-891-0310 according to 34 C.F.R. 361.5(10) and 34 C.F.R. 361.53 (c)(1). The rule caption is changed to read "What are transition services?" The entire text of the proposed rule was deleted and replaced with:

     "(1) Transition services are work-related activities you begin while you are in high school that are coordinated with VR services to help you prepare for and go to work in the community after you leave high school.

     (2) Transition services may include any of the VR services listed under WAC 388-891-0600."

     This revision does not change the effect of the rule as proposed.

     6. WAC 388-891-0770 (4)(b) is changed to clarify that moving violations related to driving a vehicle must be disclosed in a driving record. After "A copy of your driving record," the following phrase was inserted "disclosing any moving violations and."

     7. WAC 388-891-0770 (4)(d) is changed to clarify the rationale for requiring a customer to sign a written agreement concerning how he or she will pay for maintenance and repair of a vehicle provided by DVR. At the end of proposed subsection (d), the semicolon was deleted and the following was added:", as this is a requirement for subsequent ownership of the vehicle."

     8. WAC 388-891-1020 is changed to clarify the intent of 34 C.F.R. 361.42(3). A period was inserted after the phrase "... DVR presumes you are an eligible individual" and the rest of this proposed rule was deleted.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 131, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 13, Amended 0, Repealed 191.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 144, Amended 0, Repealed 191.
     Effective Date of Rule: February 3, 2003.

December 19, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-03 issue of the Register.

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