WSR 25-16-007
PERMANENT RULES
DEPARTMENT OF
SERVICES FOR THE BLIND
[Filed July 24, 2025, 11:49 a.m., effective August 24, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Clarified language of existing WAC 67-25-183 and 67-25-193 which detail the process of creating a waitlist for services when necessary. Updated the definitions to match the federal statute definitions for categorization of significance of disability and how to use the categories to assign priority of service on the waitlist when established.
Citation of Rules Affected by this Order: Amending WAC 67-25-183 and 67-25-193.
Statutory Authority for Adoption: 34 C.F.R. Part 361.
Adopted under notice filed as WSR 25-13-023 on June 9, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 24, 2025.
Yvonne Verbraak
Executive Assistant
RDS-6281.2
AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)
WAC 67-25-183Eligibility—Criteria for categorization of significance of disability.
(1) An individual with a most significant disability is an individual who:
(a) ((Has a severe physical or mental impairment that seriously limits))Experiences three or more significant functional ((capacities))limitations (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of ((an employment))a career outcome; and
(b) Whose vocational rehabilitation can be expected to require multiple and substantial vocational rehabilitation services over an extended period of time.
(2) An individual with a significant disability is an individual who:
(a) ((Has a severe physical or mental impairment that seriously limits one))Experiences two or more significant functional ((capacities))limitations (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of ((an employment))a career outcome; and
(b) Whose vocational rehabilitation can be expected to require multiple and substantial vocational rehabilitation services over an extended period of time.
(3) An individual with a least significant disability is an individual who:
(a) Experiences at least one significant functional limitation (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of a career outcome; and
(b) Whose vocational rehabilitation can be expected to require at least one vocational rehabilitation service but not necessarily over an extended period of time.
AMENDATORY SECTION(Amending WSR 18-14-101, filed 7/3/18, effective 8/3/18)
WAC 67-25-193Eligibility—Order of selection.
(1) The purpose of an order of selection is to establish an equitable and organized system which, when resources are not sufficient to meet the full demand for services, gives priority to those ((eligible vocational rehabilitation individuals who are most in need of services))individuals who are eligible for vocational rehabilitation services and who have the most substantial functional limitations or obstacles to achieve their career goal.
(2) When the order of selection is in effect, eligible individuals will be assigned to one of three priority categories:
(a) ((Immediate priority: New applicants who meet eligibility criteria of at least significant disability, and who require immediate services or tools to maintain a current job;
(i) Only the immediate services or tools required to maintain the current job can be provided under this immediate priority;
(ii) Once the immediate services or tools are provided and the job is stable, any further service provision requires being placed on the waitlist and served in the priority and order for the significance of disability category that the individual qualifies for;
(b))) First priority: New applicants who meet eligibility criteria of most ((significantly disabled))significant disability, per WAC 67-25-183.
(((c)))(b) Second priority: New applicants who ((do not meet the definition of most significantly disabled))meet eligibility criteria of significant disability, per WAC 67-25-183.
(c) Third priority: New applicants who meet eligibility criteria of least significant disability, per WAC 67-25-183.
(3) The department's executive director shall decide when to implement an order of selection((, if necessary,)) and will determine which priority categories will be open or closed for the development of new individualized plans for employment. In the event sufficient funds or other resources become available to serve all eligible individuals, the order of selection will be ((revoked))suspended by the director.
(4) ((Eligible individuals can develop and carry out an individualized plan for employment based on:))When an order of selection waitlist is enacted, the priority criteria below will be considered before an eligible individual can develop and carry out an individualized plan for employment in collaboration with their vocational rehabilitation counselor.
(a) The priority of the category to which they are assigned;
(b) Whether or not that category is open for development of new plans; and
(c) The order in which they applied for vocational rehabilitation services as indicated by the date of application.
(5) Eligible individuals will be placed in the highest priority category for which they are qualified. The date of application will be used whenever it is determined that a ((waiting list))waitlist is required for a category.
(6) Exceptions to the order of selection waitlist may include:
(a) Students with a disability who are qualified for preemployment transition services as described in WAC 67-25-290.
(b) Eligible individuals who require immediate services or tools to retain a current job.
(i) Only the comprehensive services or tools required to retain the current job can be provided under this exception.
(ii) If any further services are needed once the job is stable or keeping the current job is no longer the goal, then the individual's case requires being placed on the waitlist and served in the priority and order for the significance of disability category that the individual qualifies for.
(7) Eligible individuals will be notified in writing of their category status ((when))at the same time as they are notified of their eligibility, as well as of the conditions pertaining to that category:
(a) Whether the category is currently open or closed((.)); and
(b) The current status of ((an))the existing ((waiting list))waitlist within that category.
(((7)(a) The only services to individuals in a closed order of priority category will be information and referral services. These individuals will not receive))(8) Eligible individuals will be notified of the right to appeal the category decision, in accordance with WAC 67-25-600, and of their responsibility to notify the department if their situation changes in a way that may affect their priority category placement.
(9) Information and referral services are the only services available to individuals whose case is placed on the waitlist in a closed priority category.
(a) While the case continues on the waitlist, individuals will not be able to receive services such as: Counseling and guidance, assessment and training, job placement, or other vocational rehabilitation services ((until their category is reopened, they come off the waiting list and they complete an individualized plan for employment with an agency vocational rehabilitation counselor)).
Students with a disability can qualify for preemployment transition services as described in WAC 67-25-290(3) while their case is on the waitlist.
(b) ((Preemployment transition services as described in WAC 67-25-290 may be available to qualified students with a disability without consideration for priority categories or waitlists for the duration of an order of selection for the department.
(8) Eligible individuals will be notified of the right to appeal the category decision, in accordance with WAC 67-25-600, and of their responsibility to notify the department if their situation changes in a way that may affect their priority category placement.
(9) Participants))When an individual is notified that their case has come off the waitlist, the customer will collaborate with their vocational rehabilitation counselor to complete an individualized plan for employment before initiating services.
(10) Customers who are receiving services under an individualized plan for employment at the time an order of selection is implemented will continue to receive services as planned. They are not subject to the order of selection ((and are not a category within that order))waitlist.
(((10)))(11) The order of selection will not affect the provision of services needed to determine eligibility for vocational rehabilitation services, in accordance with WAC 67-25-125.