WSR 02-19-023

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitation Services Administration)

[ Filed September 9, 2002, 3:42 p.m. ]

Subject of Possible Rule Making: New chapter 388-891 WAC, the Division of Vocational Rehabilitation (DVR) plans to adopt new rules in this chapter on disability-related academic accommodations for eligible DVR customers attending programs at institutions of higher education.

Statutes Authorizing the Agency to Adopt Rules on this Subject: August 1998 amendments to the Rehabilitation Act of 1973, 34 Code of Federal Regulations, Part 361, RCW 74.29.020(8), 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DVR needs to adopt and implement rules to comply with changes in the August 1998 amendments to the Rehabilitation Act of 1973; United States Department of Education Code of Federal Regulations, Part 361 and the Americans with Disabilities Act of 1990 in regard to providing disability-related academic accommodations to DVR customers attending institutions of higher education.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Department of Education, Rehabilitation Services Administration (RSA); Washington State Department of Services for the Blind (DSB); Washington Rehabilitation Council (RC); United States Department of Justice; and consultation, review and comment will be used for coordinating the rule-making process.

Process for Developing New Rule: DVR welcomes the public to take part in developing the rules. Anyone interested in reviewing drafts of the rules should contact one of the staff persons indicated below. After the rules are drafted, DVR will route them for informal review and comment. Changes may be made to the draft based on the comments received. DVR will file proposed rules with the Office of the Code Reviser with a notice of proposed rule making. DVR will send a copy of the proposed rules for formal review and comment to everyone currently on the mailing list and anyone else requesting a copy. The public may then send formal written comments and/or attend a formal hearing to give comments in person. After the hearing, DVR considers comments received, makes revisions if appropriate, and files the final rule for adoption.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kelly Boston, (360) 438-8026, e-mail bostok@dshs.wa.gov, or Phyllis Hansen, Program Administrator, (360) 438-8047 (V/TTY), e-mail hansepa@dshs.wa.gov; at the Division of Vocational Rehabilitation, P.O. Box 45340, Olympia, WA 98504-5340, 1-800-637-5627 (V/TTY), fax (360) 438-8007.

September 4, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office