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

     VR services are offered to assist individuals with disabilities to prepare for, get, and keep jobs that are consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. This chapter is consistent with the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1998 and codified in 34 Code of Federal Regulations, Parts 361 and 363 and with state laws and DSHS requirements.

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     (1) Part-time or full-time work;

     (2) Work that is performed in an integrated setting;

     (3) Work for which an individual is paid at or above the minimum wage; and

     (4) Work for which an individual earns the same wages and benefits as other employees doing similar work who are not disabled.

     "Employment outcome" means competitive employment, supported employment, self-employment, telecommuting, business ownership, or any other type of employment in an integrated setting that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

     "Extended employment" means work in a nonintegrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act.

     "Extreme medical risk" means medical conditions that are likely to result in substantial physical or mental impairments or death if services, including mental health services, are not provided quickly.

     "Family member" means a person who is your relative or legal guardian; or someone who lives in the same household as you and has a substantial interest in your well being.

     "Individual with a disability" means an individual:

     (1) Who has a physical or mental impairment;

     (2) Whose impairment results in a substantial impediment (medical, psychological, vocational, educational, communication, and others) hindering her or his ability to achieve an employment outcome; and

     (3) Who can achieve an employment outcome as a result of receiving VR services.

     "Integrated setting" means:

     (1) The setting in which you receive a VR service is integrated if it is a setting commonly found in the community (such as a store, office or school) where you come into contact with nondisabled people while you are receiving the service. The nondisabled people you come into contact with are not the same people providing VR services to you.

     (2) The setting in which you work is integrated if it is a setting commonly found in the community where you come into contact with nondisabled people as you do your work. The amount of contact you have with nondisabled people is the same as what a nondisabled person in the same type of job would experience.

     "Most recent tax year" means the most recent calendar year for which you filed or were required to file an income tax return with the United States Internal Revenue Service (IRS).

     "Physical, mental or sensory impairment" means:

     (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

     (2) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

     "Representative" means any person chosen by an applicant or eligible individual, including a parent, family member or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

     "Substantial impediment to employment" means the limitations you experience as a result of a physical, mental or sensory impairment that hinder your ability to prepare for, find, or keep a job that matches your abilities and capabilities.

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     (1) The DVR application form or written request for VR services.

     (2) Documentation explaining the need for the trial work experience or extended evaluation, if conducted, and the written plan for conducting the trial work experience or extended evaluation, and documentation of progress reviews.

     (3) Documentation and records that support the determination of eligibility or ineligibility.

     (4) Documentation supporting the severity of disability and priority category determination.

     (5) Financial statement and/or related records.

     (6) Plan for employment, amendments to the plan, if amended, and information supporting the decisions documented on the plan.

     (7) Documentation describing how you used informed choice to make decisions throughout the process, including assessment services, selection of an employment outcome, VR services, service provider, type of setting and how to get VR services.

     (8) If VR services are provided in a setting that is not integrated, documentation of the reason(s) for using a nonintegrated setting;

     (9) If you achieve a competitive employment outcome, documentation to show:

     (a) Your wages and benefits;

     (b) That the job you have is:

     (i) Described in your plan for employment;

     (ii) Consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and

     (iii) In an integrated setting.

     (c) That the services provided to you in your plan for employment helped you become employed;

     (d) That you have been employed for at least ninety days and that you no longer need vocational rehabilitation services;

     (e) That you and your VR counselor agree that your employment is satisfactory and that you are performing well; and

     (f) That you have been informed, through appropriate modes of communication about the availability of post-employment services.

     (10) If you are referred to another state or federal program for services to prepare for, find or keep a job, documentation of the referral, the reason(s) for the referral, and the name of the program(s) to which you are referred.

     (11) Documentation of case closure, including:

     (a) Reasons for closing the case service record;

     (b) How you were involved in the decision to close the case; and

     (c) A copy of the closure letter that explains the reason(s) for case closure and your rights if you disagree with the decision.

     (12) Documentation of the results of mediation or fair hearings, if held;

     (13) Documentation of annual reviews after your case service record is closed as outlined in WAC 388-891-1330 if:

     (a) You choose extended employment in a nonintegrated setting;

     (b) You achieve a supported employment outcome in an integrated setting for which you are paid in accordance with section 14(c) of the Fair Labor Standards Act; or

     (c) DVR determines you are ineligible because you are too severely disabled to benefit from VR services.

     (14) Other documentation that relates to your participation in VR services, including your progress, throughout the VR process.

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     (2) The VR counselor must consider the results and recommendations of the assessment in developing the plan for employment, including any restrictions relating to employment outcome or employment setting.

     (3) If the results of the assessment indicate a potential risk to a service provider or employer, the individual must consent to release information about the behavior to a potential service provider or potential employer prior to referral for services.

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     (a) Another organization or program involved in your VR services needs the information to serve you effectively;

     (b) You request information in the case service record be shared with another organization for its program purposes;

     (c) You select an employment outcome in a field that customarily requires a criminal history background check as a condition of employment; and

     (d) You sign a written consent giving DVR permission to release, exchange, or obtain the information.

     (2) DVR may release personal information without your written consent only under the following conditions:

     (a) If required by federal or state law;

     (b) To a law enforcement agency to investigate criminal acts, unless prohibited by federal or state law;

     (c) If given an order signed by a judge, magistrate, or authorized court official;

     (d) If DVR reasonably believes you are a danger to yourself or others;

     (e) To the DSHS division of child support; or

     (f) To an organization, agency or person(s) conducting an audit, evaluation or research.

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     (2) DVR asks for your specific permission to copy information of this nature before sharing it with a service provider or organization that is helping you reach your employment goals.

     (3) Information about drug and alcohol abuse must be handled in accordance with RCW 70.96A.150 and applicable federal and state laws and regulations.

     (4) Information about HIV/AIDS or other sexually transmitted diseases must be handled in accordance with RCW 70.24.105 and applicable federal and state laws and regulations.

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     (a) If DVR believes the medical, psychological, or other records in your case service record may be harmful to give to you, DVR only releases the records to a third party that you choose, such as your representative, parent, legal guardian or a qualified medical professional.

     (b) If DVR receives personal information about you from another agency or service provider, DVR may only share the records as authorized by the agency or service provider that provided the information.

     (c) If a representative has been appointed by a court to represent you, the information must be released to the representative.

     (2) DVR provides access or gives you copies of records within ten business days of receiving your written request. If DVR cannot fulfill your request within ten business days, DVR will send you a written notice of the reason(s) the request cannot be met and the date you are granted access or the date the requested information will be provided.

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     (1) The information must only be used by people directly involved in the audit, evaluation or research;

     (2) The information must only be used for the reasons approved by DVR in advance;

     (3) The information must be kept secure and confidential;

     (4) The information must not be shared with any other parties, including you or your representative; and

     (5) The final product or report must not contain any personal information that would identify you without your written consent.

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     (2) If you have a legal guardian or a court-appointed representative, he or she must act as your representative.

     (a) A legal guardian or court-appointed representative must provide DVR with documentation of guardianship.

     (b) Your legal guardian or court-appointed representative must sign the application and other documents that require your signature.

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     (a) A description of the exception being requested;

     (b) The reason you are asking for the exception; and

     (c) The duration of the exception, if applicable.

     (2) An exception requesting a medical service that is otherwise not provided by DVR may only be requested on a trial basis or for a short duration to be specified in the request.

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     (a) The impact of the exception on accountability, efficiency, choice, satisfaction, and quality of services;

     (b) The degree to which your request varies from the WAC; and

     (c) Whether the rule or condition is a federal regulation that cannot be waived.

     (2) The DVR director or designee responds to the request for an exception within ten working days of receiving the request.

     (a) If the request is approved, the DVR director or designee provides a written approval that includes:

     (i) The specific WAC for which an exception is approved;

     (ii) Any conditions of approval; and

     (iii) Duration of the exception.

     (b) If the request is denied, the DVR director or designee will provide a written explanation of the reasons for the denial.

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     (a) Seek assistance from the client assistance program, talk to the VR counselor, talk to the VR supervisor, or talk to the DVR director or his or her designee;

     (b) Request mediation; and/or

     (c) Request a fair hearing.

     (2) You may request a fair hearing and/or mediation while you continue to work with the DVR counselor, VR supervisor or DVR director or designee to resolve the disagreement. If you reach agreement prior to the date of the scheduled mediation or fair hearing, the request may be withdrawn.

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     (a) The mediator does not work for DVR.

     (b) The mediator does not make decisions about your case.

     (c) Mediation is voluntary for all parties.

     (2) During mediation:

     (a) Each party presents information or evidence;

     (b) The mediator reviews and explains the laws that apply; and

     (c) The mediator helps you and the VR representative reach an agreement, if possible.

     (3) You may ask someone to represent you during the mediation, including a CAP representative, however, you must be present.

     (4) Agreements you and DVR reach through mediation are not legally binding.

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     (1) The agreement is documented in writing;

     (2) You and the DVR representative sign the written agreement; and

     (3) DVR provides you with a copy of the agreement.

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(1) To ask for a fair hearing, send a written request to the office of administrative hearings. You must include the following information in your written request:

     (a) Your name, address, and telephone number;

     (b) The name of the DSHS program that the fair hearing involves (such as DVR);

     (c) A written statement describing the decision and the reasons you disagree; and

     (d) Any other information or documents that relate to the matter.

     (2) You must submit your request for a fair hearing within twenty days of the date the VR counselor makes the decision with which you disagree.

     (3) You may ask any DVR employee for instructions or assistance to submit a request for a fair hearing.

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     (1) Clarify the decision with which you disagree;

     (2) Exchange copies of laws, rules or other information to be presented in the fair hearing;

     (3) Explain how the fair hearing is conducted; and

     (4) Settle the disagreement, if possible.

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     (2) If you do not agree with the office of administrative hearings decision, you may pursue civil action through superior court to review that decision.

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     (1) You have completed the application requirements;

     (2) You have provided documents that verify your identity and legal work status;

     (3) DVR authorizes the services before the services begin;

     (4) The services are needed to:

     (a) Determine your eligibility for services;

     (b) Identify your vocational rehabilitation needs; and/or

     (c) Help you get and/or keep a job.

     (5) The services to be provided, except services listed in WAC 388-891-0310, are not provided to you or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;

     (6) You have completed the financial statement, if required, and have agreed upon what portion, if any, you are required to for your VR services; and

     (7) The service provider meets all federal, state, and agency requirements for approval as a DVR service provider.

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     (1) Assessment services to determine eligibility and/or VR needs;

     (2) Counseling and guidance, including information and referral;

     (3) Independent living services and evaluations provided by DVR staff;

     (4) Job placement and job retention services;

     (5) Rehabilitation technology services;

     (6) Post-employment services when providing the services listed in subsection (1) through (5) above.

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     (a) VR services to an individual determined to be at extreme medical risk, based on medical evidence provided by a qualified professional;

     (b) An immediate job placement; or

     (c) Your progress toward achieving the employment outcome identified on your individual plan for employment.

     (2) If you receive VR services before services or benefits are available from another program, you begin using the services and benefits from the other program when they become available.

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     (a) You must complete a DVR financial statement to document your financial status, except for the services outlined in WAC 388-891-0365;

     (b) You must provide copies of financial records requested by DVR to establish your financial status.

     (2) Depending on your income tax filing status for the most recent tax year, you must provide financial information based on your own individual resources or based on your family resources.

     (a) If your income tax status was reported as married filing jointly, married filing separately, or you were listed as a dependent of another person, complete the financial statement based on family resources.

     (b) If your income tax status was reported as single, complete the financial statement based on your own financial resources.

     (3) If you fail to report your financial status accurately or fail to provide the required information, DVR may deny or suspend services at any time in the rehabilitation process, except the services listed under WAC 388-891-0365.

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     (1) Department of social and health services (DSHS) income assistance;

     (2) Medicaid; or

     (3) Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

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     (a) Income from all sources, assets, including but not limited to bank accounts, vehicles, personal property, stocks, bonds, and trusts; and

     (b) Living expenses, including household expenses, credit or loan payments, disability-related expenses and other financial obligations.

     (2) If the results of the financial statement show that you do not have resources available to help pay for your VR services, DVR provides the services at no cost to you.

     (3) If you decline to complete the financial statement or decline to contribute to the cost of VR services, DVR provides only those services listed under WAC 388-891-0365.

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     (1) The value of your primary home and furnishings;

     (2) The value of items that you keep because of personal attachment, rather than because of monetary value;

     (3) The value of one vehicle per household member needed for work, school, or to participate in VR services;

     (4) Retirement, insurance, or trust accounts that do not pay a current benefit to you or your family;

     (5) If a retirement, insurance or trust account pays a current benefit, only the monthly benefit is counted as income and the balance of the account is excluded;

     (6) Awards or scholarships you earn based on merit;

     (7) Up to five thousand dollars of your total assets are excluded as exempt;

     (8) Equipment or machinery used to produce income;

     (9) Livestock used to produce income; and

     (10) Disability-related items and/or services.

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     (1) Assessment services to determine eligibility or VR needs, including independent living evaluations;

     (2) Counseling and guidance services provided by DVR staff;

     (3) Information and referral services;

     (4) Interpreter and reader services;

     (5) Personal assistance services;

     (6) Job placement;

     (7) Job retention services;

     (8) Independent living services provided directly by DVR staff; and

     (9) Post-employment services that include any of the services in subsections (1) through (8) above.

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     (2) You may select the service provider of your choice if the service provider meets the following conditions:

     (a) DVR pays for services that meet your needs at the least cost possible.

     (i) If two or more service providers or programs offer comparable services but differ in cost, and you choose the higher cost service or program, you are responsible for those costs in excess of the lower cost service. You can use resources other than DVR funds to pay the remaining cost.

     (ii) DVR may pay for a service or program at a higher cost than another service or program if the costs are reasonably comparable.

     (b) The service provider meets all federal, state, and DVR requirements for DVR approval.

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     (1) Explaining what choices you can make throughout the rehabilitation process;

     (2) Assisting you to identify and get the information you need to explore the options available; and

     (3) Helping you understand and evaluate the options.

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     (1) What assessment services and/or service provider(s) you will use to get the information necessary for DVR to determine eligibility and/or identify your VR needs;

     (2) What to include on your individualized plan for employment (IPE), including:

     (a) Type of employment outcome and setting;

     (b) VR services needed to achieve the employment outcome;

     (c) Service provider(s) that will provide the service and setting in which to receive the services; and

     (d) Method(s) of arranging and paying for services, from the methods available to DVR under state law and agency policy.

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     (1) Cost, accessibility, and duration of services;

     (2) Consumer satisfaction with those services;

     (3) Qualifications of potential service providers;

     (4) Type(s) of services offered by each service provider;

     (5) Type of setting in which the services are provided, including whether the setting is integrated or nonintegrated; and

     (6) Outcomes achieved by others served by the service provider.

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     (1) Establish a statewide waiting list for services;

     (2) Implement a process called order of selection that establishes the order in which DVR selects eligible individuals from the waiting list to begin receiving VR services; and

     (3) Provide you with information and guidance (which may include counseling and referral for job placement) about other federal or state programs that offer services to help you meet your employment needs, if available.

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     (1) At the time you are determined eligible for VR services, a DVR counselor establishes a priority for services category based on the severity of your disability.

     (2) As resources become available for DVR to serve additional individuals, DVR selects names from the waiting list in the priority category being served at that time.

     (3) The priority categories include:

     (a) Priority category 1 -- Individuals with most severe disabilities;

     (b) Priority category 2 -- Individuals with severe disabilities; and

     (c) Priority category 3 -- Individuals with disabilities.

     (4) Within a priority category, the date you applied for VR services determines the order in which you are selected from the waiting list.

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     (1) You require supported employment; and/or

     (2) You meet the criteria for an individual with a severe disability as defined in WAC 388-891-0530, you require two or more VR services over an extended period of time (twelve months or more) and you experience serious functional losses in four or more of the following areas in terms of an employment outcome:

     (a) Mobility;

     (b) Communication;

     (c) Self-care;

     (d) Self-direction;

     (e) Interpersonal skills;

     (f) Work tolerance; or

     (g) Work skills.

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     (1) You are receiving disability benefits under Title II or Title XVI of the Social Security Act, but do not meet the criteria for priority category 1; and/or

     (2) You meet the eligibility requirements outlined in WAC 388-891-0540, you require two or more VR services over an extended period of time (twelve months or more) and, you experience serious functional losses in one to three of the following areas in terms of an employment outcome:

     (a) Mobility;

     (b) Communication;

     (c) Self-care;

     (d) Self-direction;

     (e) Interpersonal skills;

     (f) Work tolerance; or

     (g) Work skills.

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     (1) Assessment services;

     (2) Independent living evaluation and services;

     (3) Information and referral services;

     (4) Interpreter services;

     (5) Job placement services;

     (6) Job retention services;

     (7) Maintenance services;

     (8) Occupational licenses;

     (9) Personal assistance services;

     (10) Physical and mental restoration services;

     (11) Rehabilitation technology services;

     (12) Self-employment services;

     (13) Services to family members;

     (14) Substantial counseling and guidance services;

     (15) Tools, equipment, initial stocks and supplies;

     (16) Training services;

     (17) Transition services;

     (18) Translation services;

     (19) Transportation services;

     (20) Other services; and

     (21) Post-employment services.

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     (1) Whether you are eligible for VR services;

     (2) Severity of disability and priority category; and/or

     (3) The employment outcome and VR services to be included in an individualized plan for employment.

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     (1) Identify issues that present problems for you in achieving an employment outcome and services you need to address the issues.

     (2) Help you manage the services you need to live independently, get information about benefits available to you and about your rights and responsibilities.

     (3) Help you set personal goals, make decisions about life issues and employment, and help your family with issues related to your disability and independence.

     (4) Help you manage and balance your life in areas such as budgeting, meal preparation and nutrition, shopping, hygiene, time management, recreation, community resources, and attendant management.

     (5) Find out about housing resources and the qualifications, make decisions about the living arrangements and about changing to a more independent living arrangement.

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     (1) A uniform or other suitable clothing required to look for or get a job;

     (2) Short-term lodging and meals required to participate in assessment or training services not within commuting distance of your home; and

     (3) A security deposit or utility hook-ups on housing you need to relocate for a job.

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     (a) Reader services for individuals who cannot read print because of blindness or other disability. In addition to reading aloud, reader services include transcription of printed information into Braille or sound recordings. Reader services are generally for people who are blind, but may also include individuals unable to read because of serious neurological disorders, specific learning disabilities, or other physical or mental impairments.

     (b) Personal attendant services are personal services that an attendant performs for an individual with a disability, including, but not limited to, bathing, feeding, dressing, providing mobility and transportation.

     (2) Personal assistance services are only provided in connection with one or more other VR services.

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     (2) DVR provides physical and mental restoration services if your disabling condition is stable or slowly progressive and the service is expected to substantially modify, correct, or improve a physical or mental impairment that is a substantial impediment to employment for you within a reasonable length of time and financial support is not readily available from another source, such as health insurance.

     (3) Physical and mental restoration services include:

     (a) Corrective surgery or therapy;

     (b) Diagnosis and treatment of mental or emotional disorders by qualified personnel who meet state licensing requirements;

     (c) Dental treatment if the treatment is directly related to an employment outcome, or in emergency situations involving pain, acute infections, or injury;

     (d) Nursing services;

     (e) Hospitalization (in-patient or outpatient) in connection with surgery or treatment and clinic services;

     (f) Drugs and supplies;

     (g) Prosthetic and orthotic devices;

     (h) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids;

     (i) Podiatry;

     (j) Physical therapy;

     (k) Occupational therapy;

     (l) Speech or hearing therapy;

     (m) Mental health services;

     (n) Treatment of acute or chronic medical conditions and emergencies that result from providing physical and mental restoration services, or that are related to the condition being treated;

     (o) Special services for the treatment of end-stage renal disease; and

     (p) Other medical or medically-related rehabilitation services.

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     (1) Maintenance of your general health or fitness, including, but not limited to, vitamins, in-patient hospital based weight loss programs or for-profit weight loss programs, exercise programs, health spas, swim programs and athletic fitness clubs;

     (2) Cosmetic procedures, such as facelifts, liposuction, cellulite removal;

     (3) Maternity care;

     (4) Hysterectomies, elective abortions, sterilization, and contraceptive services as independent procedures;

     (5) Drugs not approved by the Federal Drug Administration for general use or by state law;

     (6) Life support systems, services, and hospice care;

     (7) Transgender services including surgery and medication management;

     (8) Homeopathic and herbalist services, Christian Science practitioners or theological healers; and

     (9) Treatment that is experimental, obsolete, investigational, or otherwise not established as effective medical treatment.

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     (1) Assistive technology devices, equipment, or products used to increase, maintain, or improve the functional capabilities of an individual with a disability including, but not limited to:

     (a) Telecommunications devices;

     (b) Sensory aids and devices, including hearing aids, telephone amplifiers and other hearing devices, captioned videos, taped text, Brailled and large print materials, electronic formats, graphics, simple language materials, and other special visual aids;

     (c) Vehicle modifications; and

     (d) Computer and computer-related hardware and software that is provided to address a disability-related limitation.

     (2) Services that assist you in the selection, acquisition, or use of an assistive technology device, including services to:

     (a) Evaluate your needs in performing activities in your daily environment;

     (b) Select, design, fit, customize, adapt, apply, maintain, repair, or replace an assistive technology device;

     (c) Coordinate and use other therapies or services with assistive technology devices, such as education and rehabilitation plans and programs;

     (d) Train or give technical assistance to professionals, employers, family members or others who provide services to you, hire you, or are involved in your major life activities.

     (3) Real time captioning services;

     (4) A written policy, plan, guarantee or warranty (initial or extended) that covers the cost to repair or replace an assistive technology device, a piece of equipment, or another assistive technology product if it is lost or damaged.

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     (1) DVR does not have a question about your driving safety as outlined in WAC 388-891-0775.

     (2) The DVR counselor has determined based on disability-related documentation that your disability is stable or slowly progressive and not likely to impair your driving ability in the future, if you plan to drive the vehicle.

     (3) You have provided documentation verifying that you and/or a family member is the registered and/or legal owner of the vehicle.

     (4) You have provided a copy of a current driver's license and vehicle license with required endorsements for you and/or family member(s) who will operate the vehicle.

     (5) If a used vehicle is to be modified, you have provided documentation of an inspection from a certified or journey level auto mechanic that verifies the vehicle is in good condition and capable of being modified.

     (6) DVR has obtained documentation from a specialist in evaluation and modification of vehicles for individuals with disabilities that prescribes and inspects the modification, except prescriptions are not required for:

     (a) Placement of a wheelchair lift, ramp, or scooter lift and tie downs for passenger access only;

     (b) Replacement of hand controls;

     (c) Wheelchair carriers; and

     (d) Other minor driving aids.

     (7) You have provided documentation of vehicle insurance adequate to cover the cost of replacement for loss or damage, including the cost of the modification.

     (8) You have demonstrated or provided documentation that verifies you and/or family member(s) designated as a driver can safely operate the vehicle as modified.

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     (2) DVR does not pay for other types of insurance including, but not limited to, health, vehicle, home, and life insurance.

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     (1) The individual with a disability is the holder of the device, equipment or product and is the named insured under the policy; and

     (2) The insurer pays for replacement or repair directly to the manufacturer or service provider.

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     (2) DVR may pay for an initial warranty or for a warranty that extends beyond the period of coverage of an initial warranty for an assistive technology device, piece of equipment, or product if:

     (a) The individual with a disability is the holder of the device, equipment, or product;

     (b) The manufacturer provides a written guarantee for the materials and workmanship of the device, equipment, or product; and

     (c) The manufacturer replaces or repairs faulty parts and workmanship or replaces the device, equipment, or product in whole or the manufacturer directly pays a service provider to repair or replace parts and workmanship or the device, equipment, or product in whole.

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     (a) Child day care centers;

     (b) Family child day care homes; and

     (c) School-age child care centers.

     (2) DVR pays for in-home or relative child care including:

     (a) Child care provided to your child(ren) in your home by a relative or other person; and

     (b) Child care provided to your child(ren) by a relative outside of your home.

     (3) To be authorized as an in-home/relative child care provider for DVR payment, your in-home or relative child care provider must comply with background check requirements outlined in chapter 388-290 WAC.

     (4) DVR pays for child care in states bordering Washington if the child care provider meet their state's licensing regulations.

     (5) DVR pays the child care provider's usual rates for child care services directly to the child care provider.

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     (1) On-the-job training;

     (2) Post-secondary training;

     (3) Technical or vocational training;

     (4) Basic education/literacy training;

     (5) Community rehabilitation program (CRP) training;

     (6) Other miscellaneous training.

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     (1) Training to be provided, including skills to be learned and training methods;

     (2) Duration or number of hours of training to be provided;

     (3) How the employer will evaluate and report your progress to DVR;

     (4) An agreed-upon fee based on the employer's costs to provide the training; and

     (5) Payment criteria.

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     (2) You must provide DVR a copy of your grant funding award or denial form, statement of unmet need and/or student budget, and other related documentation.

     (3) If an academic institution charges a fee to cover the cost of a student health clinic and the fee is required as a condition of registration, DVR may pay this fee.

     (4) If an academic institution charges a liability fee to cover the costs of a student to register in high-risk courses/practicum and the fee is required as a condition of registration, DVR may pay this fee.

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

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     (2) A vehicle issued to you remains the property of DVR until you achieve an employment outcome that requires the vehicle and you maintain the employment for at least ninety days.

     (3) The director or his or her designee approves the purchase of a vehicle only if:

     (a) A DVR counselor determines, based on disability-related documentation that your disability is stable or slowly progressive, and is not likely to impair your ability to drive in the future;

     (b) You and a DVR counselor agree it is a necessary service under your individualized plan for employment (IPE) because:

     (i) No other transportation options are available and it is not feasible for you to relocate to live closer to employment or other transportation options; or

     (ii) A vehicle is required as a condition of employment.

     (c) You do not have a vehicle or your vehicle cannot be modified or repaired to the extent that you can drive it.

     (4) Prior to issuing a vehicle to you, you must submit the following documents to DVR and you must agree to provide ongoing verification upon request of a DVR counselor:

     (a) A copy of your current, valid driver's license;

     (b) A copy of your driving record disclosing any moving violations and indicating no criminal convictions related to driving a vehicle;

     (c) A copy of your motor vehicle insurance coverage with the following minimum coverage and conditions:

     (i) Liability in the amount of fifty thousand dollars/one hundred thousand dollars/fifty thousand dollars;

     (ii) Uninsured motorist in the amount of fifty thousand dollars/one hundred thousand dollars/fifty thousand dollars;

     (iii) Personal injury in the amount of one hundred thousand dollars;

     (iv) Replacement cost of the vehicle, including special equipment and modifications, if applicable;

     (v) DVR is listed as the lien holder; and

     (vi) All drivers who use the vehicle are listed on the policy.

     (d) You have signed a written agreement with your DVR counselor that outlines how you will pay for vehicle maintenance and repair, as this is a requirement for subsequent ownership of the vehicle;

     (e) You have signed an agreement to return the vehicle to DVR upon request as long as DVR owns the vehicle.

     (5) Before DVR transfers ownership of a vehicle to you, you must submit documentation to verify:

     (a) You are the registered owner of the vehicle;

     (b) The vehicle is insured to cover the cost of replacement for loss or damage at the time ownership is transferred.

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     (a) Either you or the driver are uninsured; or

     (b) DVR is aware of any fact which raises a question regarding driving safety.

     (2) Services to facilitate your driving include, but are not limited to, vehicle modifications provided as a rehabilitation technology service, car repairs, gasoline money, driver license, and license tabs.

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     (1) Your case was closed within the past three years because you achieved an employment outcome;

     (2) Your rehabilitation needs are limited in scope and duration;

     (3) You need post employment services to maintain, regain or advance in employment that is consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

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     (a) Competitive work; or

     (b) Work in an integrated setting while you work toward competitive work consistent with your strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; or

     (c) Transitional employment for an individual with a most severe disability due to chronic mental illness.

     (2) Supported employment is for an individual with a most severe disability who:

     (a) Has not traditionally worked in competitive employment; or

     (b) Has worked in competitive employment, but the disability has caused the individual to stop working, or work off and on; and

     (c) Needs intensive supported employment services and extended services to work because of the nature and severity of the disability.

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     (1) You are eligible for vocational rehabilitation services under WAC 388-891-1000;

     (2) You have been determined to be an individual with a most severe disability; and

     (3) Supported employment is appropriate for you based on a comprehensive assessment of your needs, including an evaluation of your rehabilitation, career and job needs.

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     (1) Work in the competitive labor market that you perform on a full-time or part-time basis in an integrated setting; and

     (2) Work for which you are paid at or above the minimum wage, but not less than the usual wage your employer pays to nondisabled employees who do the same or similar work as you.

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     (1) Ongoing support services as described in WAC 388-891-0845; and

     (2) Vocational rehabilitation services listed in WAC 388-891-0600.

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     (1) An assessment of your employment situation at least twice a month, or under special circumstances and especially at your request, an assessment regarding your employment situation that takes place away from your worksite at least twice a month to:

     (a) Determine what is needed to maintain job stability; and

     (b) Coordinate services or provide specific intensive services that are needed at or away from your worksite to help you maintain job stability.

     (2) Intensive job skill training for you at your job site by skilled job trainers;

     (3) Job development, job placement and job retention services;

     (4) Social skills training;

     (5) Regular observation or supervision;

     (6) Follow-up services such as regular contact with your employer, you, your representatives, and other appropriate individuals to help strengthen and stabilize the job placement;

     (7) Facilitation of natural supports at the worksite;

     (8) Other services similar to services described in subsection (1) through (7) above; and

     (9) Any other vocational rehabilitation service.

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     (1) You have made substantial progress toward meeting the number of work hours per week you want to work as documented on your individualized plan for employment;

     (2) You are stabilized in the job; and

     (3) Extended services are readily available and can be provided to you without an interruption in services.

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     (1) Your extended service provider cannot provide the services; and

     (2) You need such services as job station redesign, repair and maintenance of assistive technology devices and replacement of prosthetic and orthotic devices to keep your job.

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     (1) Interpreters;

     (2) Readers;

     (3) Captioned videos;

     (4) Telecommunications devices and services;

     (5) Taped text;

     (6) Braille and large print materials; and

     (7) Electronic formats.

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     (a) Application for VR services;

     (b) Notification of eligibility or ineligibility;

     (c) Plan for employment;

     (d) Notification of case closure;

     (e) Notification of annual review, if appropriate; and

     (f) Any notice requiring a response or a signature from the individual to continue receiving services.

     (2) DVR translates the Washington Administrative Code (WAC) regarding VR services or service providers into the primary language of an applicant or eligible individual upon his or her request.

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     (1) Have provided information needed to begin an assessment of eligibility and VR needs.

     (2) Are available to participate in assessment services necessary to determine if you are eligible for VR services.

     (3) Have signed an application form provided by DVR or provided a written request that includes the following information:

     (a) Your name, address and county;

     (b) The nature of your disability;

     (c) Your birth date and gender;

     (d) The date of application; and

     (e) Your Social Security Number (optional).

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     (1) You have a physical, mental, or sensory impairment that results in a substantial impediment to employment;

     (2) You require VR services to prepare for, get or keep a job that matches your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice; and

     (3) You are capable of working as a result of receiving VR services.

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     (a) If information or records are not current, not available, or not sufficient for a DVR Counselor to determine if you are eligible, DVR provides the assessment services necessary to get the information needed to make a decision.

     (b) VR services used to collect additional information and records to determine eligibility can include trial work, assistive technology, personal assistant services, or any other support services necessary to determine if you are eligible.

     (c) DVR assists you to make informed choices in the decisions related to assessment services needed to make an eligibility determination.

     (d) If you refuse to provide or consent to the release of records or if you refuse to participate in VR services necessary to obtain information required to make an eligibility determination your VR case service record is closed.

     (2) If you receive Social Security benefits under Title II or Title XVI of the Social Security Act and you are capable of working after receiving VR services, DVR determines you are eligible upon verification of benefits.

     (a) If you cannot provide appropriate evidence, such as an award letter or other type of verification, DVR may request the verification for you, with your consent.

     (b) DVR makes maximum efforts to obtain the verification in a reasonable period of time and to determine eligibility within sixty days from the date you complete the application requirements.

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     (2) If DVR does not have enough information to determine your eligibility within sixty days, you and a DVR counselor must agree to:

     (a) Extend the eligibility period to collect additional information or records; or

     (b) Conduct a trial work experience or extended evaluation, if a DVR counselor is not certain whether VR services will enable you to achieve an employment outcome because of the severity of your disability

     (3) If you do not agree to extend the eligibility period, DVR must close your case service record.

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     (1) Type of disability;

     (2) Age, gender, race, color, creed, religion, national origin, or sexual orientation;

     (3) Rehabilitation needs;

     (4) Type of employment outcome you expect to achieve;

     (5) Source of referral;

     (6) Anticipated cost of services;

     (7) Income.

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     (2) You participate in one or more trial work experiences over a period of time necessary to produce clear and convincing evidence for a DVR counselor to determine:

     (a) You can benefit from VR services and achieve an employment outcome and are eligible for VR services; or

     (b) You cannot benefit from VR services and achieve an employment outcome because of the severity of your disability and you are ineligible for VR services.

     (3) Trial work experiences occur in the most integrated setting possible, based on your informed choice and rehabilitation needs.

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     (2) DVR sends you a notice in writing, or using another method of communication, if needed. The notice includes:

     (a) An explanation of the reason(s) you are not eligible or no longer eligible;

     (b) Your rights to appeal the decision; and

     (c) An explanation of the services available from the client assistance program.

     (3) If you are ineligible based on a determination that you cannot achieve employment because of the severity of your disability, DVR reviews the decision within twelve months.

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     (1) An assessment for determining vocational rehabilitation needs includes a variety of services, including counseling and guidance, to determine your unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

     (2) The purpose of the comprehensive assessment is to collect and review information you need to select the type of employment outcome to achieve and the VR services you need to achieve the employment outcome.

     (3) The comprehensive assessment is limited to services necessary to select an employment outcome and to develop a plan for employment.

     (4) DVR uses existing information gathered to determine eligibility, including information provided by you and your family, to the maximum extent possible and appropriate.

     (5) The comprehensive assessment may include, as needed:

     (a) An assessment of the personality, interests, interpersonal skills, intelligence and related functional abilities, educational abilities, work experience, vocational aptitudes, personal and social adjustments, employment opportunities, and other vocational, educational, cultural, social, recreational, and environmental factors that affect your employment and rehabilitation needs.

     (b) Work in real job situations to evaluate and/or develop work behavior and capacities necessary to achieve an employment outcome, including work skills, attitudes, habits, tolerances and social behavior.

     (c) Referral for assistive technology services to assess whether services or devices could increase your ability to perform work.

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     (2) If you select an employment outcome in a field that customarily requires a background check as a condition of employment, DVR must obtain a criminal history background check that verifies you are not excluded from employment in the field and/or specific job prior to IPE development.

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     (2) If a VR counselor determines, based on an assessment conducted by a qualified professional, that your employment may pose a threat to the safety of you or others because you meet the conditions outlined in WAC 388-891-0110, the employment outcome and employment setting you choose must be evaluated for risk by an appropriate qualified professional.

     (3) If a VR counselor becomes aware of a condition or circumstance after you have developed an IPE that may affect your ability to achieve an employment outcome, the VR counselor may conduct necessary assessment services to determine whether you are capable of achieving the employment outcome identified on your IPE.

     (4) If you decline to authorize the release of information to DVR or participate in VR services necessary to collect pertinent information which prevents the development of an appropriate IPE, the VR counselor may close your case service record.

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     (1) The employment outcome you plan to achieve;

     (2) Each major step you need to accomplish to reach the employment outcome;

     (3) Your responsibilities in accomplishing each step of the plan;

     (4) DVR's responsibilities in assisting you to accomplish each step of the plan;

     (5) VR services needed to complete each step;

     (6) Terms and conditions you and your VR counselor agree are required for continued support from DVR.

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     (1) Information about the options available for developing an IPE.

     (2) Information that must be included in the IPE.

     (3) Financial conditions or restrictions that apply to an IPE.

     (4) How to get help completing forms required by DVR.

     (5) Information about your rights if you disagree with a decision a DVR counselor makes relating to the IPE.

     (6) Information about the client assistance program (CAP) and how to contact the program.

     (7) Other information you request.

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     (a) A VR counselor employed by DVR.

     (b) A VR counselor not employed by DVR, but who meets the minimum qualifications for a VR counselor established by DVR.

     (c) Another person you choose, such as a representative, family member, advocate, or other individual.

     (2) If you choose to develop the IPE with someone other than a DVR counselor, DVR can help you identify individuals that may help you develop your IPE, to the extent resources are available.

     (3) You may develop an IPE on your own.

     (4) DVR does not pay for any related costs or fees charged by other parties to develop an IPE.

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     (2) DVR supports an individual to achieve an employment outcome as defined in WAC 388-891-0010. If you choose another type of employment, DVR refers you to other programs or organizations that offer the type of employment you choose, when available.

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     (1) An employment outcome that is consistent with the definition of employment outcome in WAC 388-891-0010;

     (2) The VR services you need to achieve the employment outcome;

     (3) Timeline for each service on your IPE and for achieving the employment outcome;

     (4) The name of the person or organization selected to provide each service included on the IPE and how you will obtain the services;

     (5) Criteria you will use to evaluate whether you are making progress toward achieving the employment outcome;

     (6) Terms and conditions, including:

     (a) A description of what DVR has agreed to do to support your IPE; and

     (b) A description of what you have agreed to do to reach your employment outcome, including:

     (i) Steps you will take to achieve your employment goal;

     (ii) Services you agree to help pay for, and how much you agree to pay; and

     (iii) Services you agree to apply for and use that are available to you at no cost from another program.

     (7) Expected need for post-employment services prior to closing the case service record and, if appropriate, a statement of how post employment services are arranged using comparable services and benefits;

     (8) An IPE that includes a supported employment outcome must also document:

     (a) Supported employment services to be provided;

     (b) Extended services or natural supports that are likely to be needed;

     (c) Who will provide and pay for natural supports or extended services. If it is not known who will provide and/or pay for extended services or natural supports at the time the IPE is developed, the IPE must include a statement explaining the basis for determining that a resource is likely to become available;

     (d) A goal for the number of hours per week you are going to work and a plan to monitor your progress toward meeting the goal;

     (e) A description of how the services on your IPE are coordinated with other federal or state services you get under an individualized plan;

     (f) If job skills training is provided, the IPE must reflect that the training is provided on-site;

     (g) Placement in an integrated setting for the maximum number of hours possible based on your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

     (9) An IPE for a high school student who is receiving special education services is coordinated with the individualized education plan in terms of the goals, objectives, and services identified to the extent possible.

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     (1) You agree to immediately return the item upon request or to pay for the item if you cannot return it to DVR;

     (2) You agree to maintain the item according to DVR instructions and manufacturer's guidelines, if applicable, and keep it secure from damage, loss or theft.

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     (1) You achieve an employment outcome;

     (2) DVR determines that you are not eligible or no longer eligible;

     (3) You are no longer available to participate in services;

     (4) You decline VR services;

     (5) You cannot be located;

     (6) You ask DVR to close your case service record; or

     (7) You refuse to cooperate in required or agreed upon services.

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     (1) You received services under an IPE that helped you achieve the employment outcome on your employment plan;

     (2) Your job matches your strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice;

     (3) You have been working at the same job for at least ninety days to ensure the stability of your employment; and

     (4) You and a DVR counselor agree the job is satisfactory, that you are performing the job well, and that you no longer need VR services.

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     (a) DVR closes your case after determining you are ineligible because you are too severely disabled to achieve an employment outcome as a result of VR services;

     (b) You achieve a supported employment outcome and earn wages under section 14(c) of the Fair Labor Standards Act while working toward competitive employment;

     (c) You choose extended employment; or

     (d) You and your DVR counselor cannot find a source for extended services and/or cannot establish natural supports during the initial eighteen months of your individualized plan for supported employment.

     (2) After DVR completes the reviews annually for two years, you or your representative may request additional annual reviews.

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     The following sections of the Washington Administrative Code are repealed:

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

© Washington State Code Reviser's Office