WSR 23-20-064
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Division of Vocational Rehabilitation)
[Filed September 28, 2023, 4:19 p.m., effective October 29, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The division of vocational rehabilitation (DVR) received recent guidance from the rehabilitation services administration (RSA) that clarifies RSA's interpretation of when vocational rehabilitation agencies may provide post-employment services under the Rehabilitation Act. RSA's interpretation is inconsistent with how DVR was providing post-employment services prior to filing emergency rule WSR 23-10-044, which modified how the service is defined in WAC. Provision of post-employment services is subject to receipt of federal funding and continuing to apply WAC as it was written will place DVR out of compliance with federal guidance and could jeopardize its ability to receive federal funding. DVR is pursuing a rule change to stay in compliance with RCW
74.29.050. The attorney general's office, client assistance program, and the Washington state rehabilitation council have been consulted and support DVR's reasons for the rule making. When effective, this permanent rule will supersede the emergency rule filed as WSR 23-17-167.
Citation of Rules Affected by this Order: Amending WAC 388-891A-0610 and 388-891A-0890.
Other Authority: 34 C.F.R. 361.5 (c)(41).
Adopted under notice filed as WSR 23-15-044 on July 12, 2023.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: September 28, 2023.
Katherine I. Vasquez
Rules Coordinator
SHS-4925.1
AMENDATORY SECTION(Amending WSR 18-12-035, filed 5/29/18, effective 6/30/18)
WAC 388-891A-0610How are individuals selected for services when DVR is operating under an order of selection?
When DVR is operating under an order of selection, individuals are selected for services as follows:
(1) At the time you are determined eligible for VR services, a DVR counselor assigns you to a priority category based on the severity of your disability.
(2) The priority categories are defined in WAC 388-891A-0620 through 388-891A-0660.
(3) 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.
(4) Within a priority category, the date you applied for VR services determines the order in which you are selected from the waiting list.
(5) DVR may provide you specific services or equipment without requiring that you wait for services under an order of selection if:
(a) You are at immediate risk of losing your job in a competitive integrated setting for reasons related to your disability; and
(b) You require specific services or equipment in the very near future that will enable you to keep your job.
(((6) If you have successfully achieved an employment outcome as described in WAC 388-891A-1310, are currently employed, and require post-employment services, you are not required to wait for services under an order of selection.))
AMENDATORY SECTION(Amending WSR 18-12-035, filed 5/29/18, effective 6/30/18)
WAC 388-891A-0890What are post-employment services?
Post-employment services include one or more vocational rehabilitation services provided if:
(1) ((Your case was closed because y))You achieved ((an)) employment ((outcome));
(2) Your rehabilitation needs are limited in scope and duration; and
(3) You need post-employment services to maintain, advance in, or regain employment that is consistent with your unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.