DAR File No. 40799
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
USOR Procedure for Individuals with the Most Significant Disabilities
Notice of Proposed Rule
DAR File No.: 40799
Filed: 09/15/2016 05:47:39 PM
Purpose of the rule or reason for the change:
Repealing Rule R280-202 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.
Summary of the rule or change:
Rule R280-202 is repealed in its entirety.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Section 53A-24-103
Anticipated cost or savings to:
the state budget:
Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.
Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to local government.
Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.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:
Rule R280-202 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.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:
To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R280. Education, Rehabilitation.
R280-202. USOR Procedures for Individuals with the Most
A. "Board" means the Utah State Board of
Education. B. "Executive Director" means the Executive
Director of the Utah State Office of Rehabilitation. 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. D. "Major life activities" means functions such
as mobility, communication, self-care, self-direction,
interpersonal skills, work tolerance, or work skills. 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. "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. G. "USOR" means the Utah State Office of
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 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 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
significant disabilities an individual shall meet one of the
criteria under Subsection A below or the criteria under
Subsection B below: A. 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 eligible for services from Division of
Services for People with Disabilities, (DSPD); or (2) individual is 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 found to be permanently and totally
disabled by the State Labor Commission. B. Individuals who are allowed SSI/SSDI blind or disabled
benefits may or may not be considered most significant under
R280-202-3. (1) To be considered most significant there shall be two
or more functional limitations; and (2) The individual will require multiple vocational
rehabilitation services over an extended period of time. C. If an appropriate determination has not been made by
an LVRC, the individual 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 significant disabilities.
The seven categories: (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 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; or (e) The individual will require multiple vocational
rehabilitation services over an extended period of time. D. When the determination of individuals with the most
significant disabilities is made under Subsection B above, the
counselor shall document the functional deficits.
KEY: disabled persons, rehabilitation
Date of Enactment or Last Substantive Amendment: May 8,
Notice of Continuation: March 14, 2014
Authorizing, and Implemented or Interpreted Law: Pub. L.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.