WSR 09-23-103

EXPEDITED RULES

DEPARTMENT OF

SERVICES FOR THE BLIND

[ Filed November 17, 2009, 3:46 p.m. ]

Title of Rule and Other Identifying Information: WAC 67-25-060 Criteria for significant disability and most significant disability.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Patrick Dymond, Department of Services for the Blind, P.O. Box 40933, Olympia, WA 98504-0933 , AND RECEIVED BY January 18, 2009 [2010].


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed changes to WAC 67-25-060 is to:

1. Add language to define the criteria for nonsignificant disability;

2. Clarify language regarding the criteria for significant disability and most significant disability by removing reference to specific disabilities and focusing on the functional limitations (caused by a disability) related to employment; and

3. Clarify and quantify level of service required for each level of disability.

The proposed changes are based on federal statute and don't change the effect of the rule.

Reasons Supporting Proposal: 34 Code of Federal Regulations (C.F.R.) Chapter III 361.42 and the Rehabilitation Act amendments of 1973, as amended--Title 1.

Statutory Authority for Adoption: C.F.R., the Rehabilitation Act and Washington state Constitution.

Statute Being Implemented: 34 C.F.R. 361.42, Rehabilitation Act and Washington state Constitution.

Rule is necessary because of federal law, 34 C.F.R. 361.42 and Rehabilitation Act.

Name of Proponent: Client assistance program; DSHS, division of vocational rehabilitation; Department of Education, Rehabilitative Services Administration (RSA), public and governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patrick Dymond, 4565 7th Avenue S.E., Lacey, WA 98503, (360) 725-3834.

November 17, 2009

Ellen Drumheller

Rules Coordinator

OTS-2789.1


AMENDATORY SECTION(Amending WSR 05-08-097, filed 4/4/05, effective 5/5/05)

WAC 67-25-060   Criteria for nonsignificant disability, significant disability and most significant disability.   (1) An individual with a nonsignificant disability is an individual:

(a) Who has at least one functional limitation related to employment; and

(b) Requires one or more substantial types of services.

(2) An individual with a significant disability is an individual:

(a) Who has ((a severe physical or mental disability which seriously limits his or her functional capacities (mobility, communication, self-care, self-direction, work tolerance or work skills) in terms of achieving an employment outcome;

(b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(c) Who has one or more physical or mental disabilities resulting from amputation, arthritis, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorder, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia and end-stage renal disease, or other disability or combination of disabilities determined on the basis of an assessment of rehabilitation needs to cause comparable substantial functional limitation)) at least two functional limitations related to employment; and

(b) Requires one or more substantial types of services provided over an extended period of time.

(((2))) (3) An individual with a most significant disability is an individual:

(a) Who has at least three ((or more)) functional limitations (((mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills))) related to employment; and

(b) ((Whose vocational rehabilitation can be expected to)) Requires ((multiple vocational rehabilitation)) two or more substantial types of services provided over an extended period of time.

[Statutory Authority: Chapter 74.18 RCW. 05-08-097, 67-25-060, filed 4/4/05, effective 5/5/05. Statutory Authority: 1983 c 194 18. 84-01-042 (Order 83-08), 67-25-060, filed 12/15/83. Formerly WAC 67-20-060.]

Washington State Code Reviser's Office