DAR File No. 38361

Education, Rehabilitation

Rule R280-202

USOR Procedures for Individuals with the Most Severe Disabilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 38361
Filed: 03/14/2014 01:25:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility.

Summary of the rule or change:

The amendments include changing most "severe" to most "significant" to be consistent with federal law; changing the definition of "major life activities" to be consistent with federal law and regulations; and making changes to eligibility to clarify that a licensed vocational rehabilitation counselor (LVRC) can determine eligibility with or without third party documentation.

State statutory or constitutional authorization for this rule:

• Pub. L. No. 102-569, Title VI-C
• Section 53A-24-103

Anticipated cost or savings to:

the state budget:

The amendments to this rule make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to this rule make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility which likely will not result in a cost or savings to local government.

small businesses:

The amendments to this rule make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to this rule make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to this rule make changes in terminology consistent with federal law and regulations and provide clarification for determination of eligibility which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Rehabilitation
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2014

This rule may become effective on:

05/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R280. Education, Rehabilitation.

R280-202. USOR Procedures for Individuals with the Most [Severe]Significant Disabilities.

R280-202-1. Definitions.

[E]A. "Board" means the Utah State Board of Education.

B. "Executive Director" means the Executive Director of the Utah State Office of Rehabilitation.

[A]C. "Individual with a disability" (hereinafter individual) means a person who has a disability which limits one or more of his major life activities and who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities provided by the USOR or the State Board of Education.

[C]D. "Major life activities" means functions such as [caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working]mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills.

[G]E. "Social Security Disability Insurance (SSDI)"means payments to disabled workers under 65 and their families, or people who become disabled before age 22, or disabled widows or widowers 50 or over who are found to be eligible under Social Security Administration criteria.

[F]F. "Supplemental Security Income (SSI)" means payments to adults and children who are determined to be severely disabled or blind and whose assets and income are below the limits set by the Social Security Administration.

[D]G. "USOR" means the Utah State Office of Rehabilitation.

 

R280-202-2. Authority and Purpose.

A. This rule is authorized pursuant to PL 102-569, Title VI-C, October, 1992, which directs state agencies to define for themselves individuals with the most [severe]significant disabilities and Section 53A-24-103 which directs that the USOR shall be under the policy direction of the Board.

B. The purpose of this rule is to define "persons with the most [severe]significant disabilities" for purposes of providing services and determining order of selection for services according to federal and state law.

 

R280-202-3. Eligibility Criteria.

In order to be classified as an individual with the most [severe]significant disabilities an individual shall meet one of the criteria under Subsection A below or the criteria under Subsection B below:

A. [The]A state licensed USOR Vocational Rehabilitation Counselor (LVRC) shall make the determination based on medical, psychological, and other diagnostic documentation and a clinical assessment by the LVRC or may make the determination using the following documentation:

(1) individual is [E]eligible for services from Division of Services for People with Disabilities, (DSPD); or

(2) individual is [D]determined severely and persistently mentally ill (SPMI) by the State Division of Mental Health or any one of the private, non-profit mental health programs certified by the State Division of Mental Health; or

(3) individual is [F]found to be permanently and totally disabled by the State Labor Commission[; and].

[(4)]B. Individuals who are allowed SSI/SSDI blind or disabled benefits may or may not be considered most [severe]significant under R280-202-3.

(1) To be considered most [severe]significant there [must]shall be two or more functional limitations; and

([5]2) The individual will require multiple [VR]vocational rehabilitation services over an extended period of time.

[B]C. If an appropriate determination has not been made by [another agency]an LVRC, the individual [must]shall exhibit functional deficits in two or more of the following areas as determined by the USOR to be considered an individual with the most [severe]significant disabilities. [Examples under t]The seven categories[include]:

(1) Mobility:

(a) Requires assistive device(s) (cane, crutches, prosthesis, walker, wheelchair) to be mobile[.];

(b) Is unable to climb one flight of stairs without pause[.];

(c) Is unable to walk 100 meters without pause[.];

(d) Cannot leave a building independently in less than three minutes[.]; or

(e) Other mobility deficits as defined or approved by the USOR.

(2) Communication:

(a) Expressive and receptive primary mode of communication is unintelligible to non-family members[.];

(b) Does not demonstrate understanding of simple requests or is unable to understand one[-to-] or two step instructions[.]; or

(c) Other communication deficits as defined or approved by the USOR.

(3) Self-care: Is unable to perform normal activities of daily living without assistance.

(4) Self direction: Is unable to provide informed consent for life issues without the assistance of a court-appointed legal representative or guardian[;], or has been declared legally incompetent.

(5) Learning ability and inter-personal deficits:

(a) Valid psychological assessment of conceptual intelligence reflects performance approximately two standard deviations or more below the mean observed in a population of persons of a comparable background; commonly defined as an IQ of 70 or below on a standardized measure of intelligence[.];

(b) Disfigurement or deformity so pronounced as to cause social rejection[.];

(c) Demonstrated behavior such that the individual is a danger to self and others without supervision[.]; or

(d) Other learning or interpersonal deficits as defined or approved by the USOR.

(6) Capacity for Independence :

(a) Unable to perform tasks such as locate and use telephone[.];

(b) Unable to access public transportation without assistance[.];

(c) Unable to understand money or change making[.];

(d) Unable to tell time[.]; or

(e) Other deficits in independence as defined or approved by the USOR.

(7) Work skills and work tolerance:

(a) Unable to perform sustained work for more than four hours per day[.];

(b) Unable to perform work outside sheltered environment[.];

(c) Unable to perform work in an integrated setting without support;

(d) Other work related deficits as defined or approved by the USOR; [and]or

(e) The individual will require multiple vocational rehabilitation services over an extended period of time.

C. When the determination of individuals with the most [severe]significant disabilities is made under Subsection B above, the counselor [must]shall document the functional deficits.

 

KEY: disabled persons, rehabilitation

Date of Enactment or Last Substantive Amendment: [January 5, 1999]2014

Notice of Continuation: March 14, 2014

Authorizing, and Implemented or Interpreted Law: Pub. L. 102-569; 53A-24-103