Effective Date of Rule: Thirty-one days after filing.

     Purpose: 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 do not change the effect of the rule.

     Citation of Existing Rules Affected by this Order: Amending X [WAC 67-25-060].

     Statutory Authority for Adoption: Code of Federal Regulations, The Rehabilitation Act, and Washington State Constitution.

      Adopted under notice filed as WSR 09-23-103 on November 17, 2009.

     A final cost-benefit analysis is available by contacting Patrick Dymond, Department of Services for the Blind, phone (360) 725-3836, fax (360) 407-0670, e-mail Patrick.Dymond@dsb.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended X [1], Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended X [1], Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 6, 2010.

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.]

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