Tribal Vocational Rehabilitation's mission is to assist Alaskan and American Natives with disabilities find and/or maintain gainful employment, learn skills necessary to live more independently, and give on-going support to those severely disabled in maintaining/obtaining employment.

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This manual is designed to assist the Tribal Vocational Rehabilitation Staff member in rendering proper and consistent decisions when working on a consumer's case. It is hoped that the seasoned professional and the newcomer alike will find it helpful.

This manual includes information regarding eligibility determinations and services to applicants/consumers.
 

SECTION 1: PURPOSE AND GOAL

(A) The purpose of Tribal Vocational Rehabilitation (TVR) is to provide vocational rehabilitation (VR) services to American Indians with disabilities who reside in the service area. These services are consistent with individual strengths, resources, priorities, concerns, abilities, capabilities, and, most importantly, informed choice, so American Indians with disabilities may prepare for and engage in gainful employment, including self-employment, subsistence, and business ownership.

(B) TVR's continuing goal is to improve the number of American Indians receiving VR services. The main objectives are:

1) to maintain, expand, and improve on effective tribal VR services for American Indians;
2) continue to increase the number American Indian consumers that receive comprehensive and successful VR services; and
3) maintain and improve the cooperation, coordination, and collaboration between TVR, the State Division of Vocational Rehabilitation, and other applicable service providers.

(C) The expected outcomes include an increase in appropriate employment placements for American Indians with disabilities, improved service delivery, and an improvement to the community's economy. These outcomes will increase individual applicant's level of confidence and trust in service providers, as well as their self-confidence and self-esteem by becoming valuable contributing members to their community and families.

SECTION 2: LEGAL CITATIONS

(A) TVR is operated in compliance with the federal Rehabilitation Act of 1973 as amended in 1998. The legal authorities for the policies contained in the Tribal Vocational Rehabilitation manual are:

• Rehabilitation Act of 1973 as amended in 1998
• Title 34 CFR 371 regulations in the Federal Register
• Tribal policies
• Americans with Disability Act (Title I)
• Uniform Federal Accessibility Standards

SECTION 3: GENERAL REQUIREMENTS AND PRACTICES

(A) Availability: TVR is available to all applicants and does not discriminate based on race, color, national origin, gender, age, or disability. However, as a recipient of funding from the Rehabilitation Act of 1973 as amended in 1998, Section 121, designated to fund VR service projects for "American Indians with Disabilities", TVR prioritizes applicants who demonstrate enrollment in a federally or state recognized tribe.

(B) Service Area: TVR received funding to provide services exclusively to American Indians who reside in our service area.

(C) Consumer Records: TVR establishes and maintains a record of service for each applicant for, and recipient of, VR services. This includes data necessary to comply with TVR and federal Rehabilitation Services Administration regulations. Each file shall have a minimum of the following documents included:

1. Application - signed and dated by both applicant and counselor(s)
2. Release of Information forms - signed and dated by applicant
3. Tribal Documentation - proof of enrollment
4. Rights and responsibilities
5. Severity of Disability form
6. Individualized Plan for Employment (IPE)
7. Correspondence - letters and/or emails to and from applicant, as well as referrals to outside agencies
8. Documentation -Psychological/Psychiatric, Educational, and Vocational evaluations/assessments, as well as transcripts
9. Medical records - clinics, hospital, health facilities, and medical correspondence relating to disability
10. Financial - expenditures
11. Case notes - TVR and State VR (when applicable)

SECTION 4: VOCATIONAL REHABILITATION PROCESS

(A) The TVR program will provide VR services as described in Section 103 of the Act and will implement the VR process as follows:

1. Outreach -TVR actively conducts outreach services to the communities. Outreach services include meeting with Native Organizations, Social Service agencies, Medical institutions, educational institutions, job placement agencies, and local employers.
2. Intake/Application process - before an application is accepted, TVR conducts an initial interview with each applicant. TVR observes the applicant and gathers information regarding the applicant's medical and/or psychological history, education level, vocational history, vocational interest, social and cultural history, legal history, and available financial and similar benefits. TVR explains to the applicant the VR process: a) how a person enters into the VR system, b) services provided by VR, c) the confidentiality of information, d) the rights of the applicant and TVR, e) the responsibilities of the applicant and TVR, f) the Client Assistance Program services, and g) the relationship between State VR and TVR. Based on information provided by the applicant, TVR determines whether or not the applicant can benefit from VR services. If so, the application is signed and dated by the applicant and the TVR counselor.
3. Assessment - Once the application is approved, the applicant is informed that TVR has 60 days to determine whether they are eligible for services. The applicant is asked to sign Release of Information forms to obtain relevant information pertaining to their medical psychological, and/or educational condition or level. TVR conducts a diagnostic assessment that serves two purposes: i) determines if the applicant has a physical or mental disability that constitutes a substantial impediment to employment and whether anticipated services will have a discernible impact on the ability to obtain, maintain, or retain employment, and ii) identifies and analyzes the essential characteristics of the causes of the problems in preparing for, obtaining, maintaining, and/or retaining employment. TVR uses the most recent consumer information in the planning and provision of VR services.
4. Eligibility - TVR considers three factors in determining eligibility: i) does the applicant have a physical or mental disability which, for that individual, constitutes a substantial impediment to employment, ii) does a reasonable expectation exist that the services provided by TVR will have a discernible impact on the applicant's ability to obtain, maintain, or retain employment or will an extended evaluation period be required to measure the applicants rehabilitation potential, and iii) is the applicant an enrolled member of a federally or state recognized tribe. Although TVR purposes to serve all eligible applicants with a disability, TVR serves those individuals who are enrolled members of a federally or state recognized tribe and who reside in the TVR service area. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. A reasonable expectation is defined as the likelihood that, through VR services, the vocational goals, consistent with capacity and abilities, is achievable. Once these determinations are made, the TVR counselor makes one of three options. Option one: determining the applicant eligible. If the applicant is determined eligible, TVR generates a Certificate of Eligibility documenting the applicant's disability and defines the severity of the disability. In addition, the counselor and applicant jointly develop the Individualized Plan for Employment (IPE). Option two: place the applicant in extended evaluation. TVR generates a Certificate for Extended Evaluation. Extended evaluation is used if the individual's disability is so profound that TVR is unable to determine if a reasonable expectation exists that VR services will have a discernible impact on the applicant's ability to obtain, maintain, or retain employment. To make this determination, two questions need to be answered: i) why is it not possible to adequately predict, in terms of employability, the expectation of benefit, and ii) how will the anticipated services enable this question to be answered? TVR utilizes the extended evaluation to determine the rehabilitation potential (or the individual's capacity to return to work) and will not exceed an 18-month evaluation period. If placed in Extended Evaluation, an IPE is jointly developed by TVR and the applicant within 30 days and is reviewed every 90 days for progress. Option three: applicant is determined ineligible. If an applicant is ineligible, a Certificate of Ineligibility is generated. This determination is made if the applicant has not met three eligibility criteria: i) the presence of a physical or mental disability and accompanying functional limitation, ii) the existence of a substantial impediment to employment caused by the functional limitations resulting from the disability, and iii) a reasonable expectation that with the VR services, the individual will engage in a suitable occupation. The applicant is provided with Due Process information that outlines the process for use in addressing grievances.
5. Vocational Planning - if determined eligible, the applicant is moved to consumer status and is ready to proceed in developing an IPE. The IPE is developed jointly within the framework of a counseling and guidance relationship between the individual, TVR, and State VR when applicable, and is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and, most importantly, informed choice. The purpose of developing the IPE is to include the consumer in making informed choices based on the information TVR provides regarding their decisions and the possible outcomes of those decisions. The IPE includes the vocational goal as expressed by consumer and VR services that support the employment objective, which includes Guidance and Counseling Services and Placement Assistance Services. Upon completion of the IPE, the consumer, TVR counselor, and State VR counselor, when applicable, sign the document with a copy given to the consumer. If the vocational goals are changed or other services are deemed necessary to achieve the vocational goal, the TVR counselor and the consumer will write an amendment denoting the changes and or additions to the original IPE, sign, and date the amendment. At a minimum, participating parties will review the IPE on an annual basis.
6. Provision of Services - VR services available to the consumer are consistent with services described in Section 103 of the Act. TVR conducts an assessment of the VR needs and provides services necessary to achieve a successful employment outcome. The assessment is conducted from information gathered during the eligibility determination, which includes existing documentation and information provided by the individual or their representative. If the information is inadequate to determine needs, a comprehensive assessment will be conducted to identify the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and needs, including the possible need for supported employment services. Consumer assessments include the use of vocational assessments, psychological assessments, psychiatric assessments, and physical evaluations to document personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, and personal and social adjustment. These assessments also help determine i) medical, psychiatric, psychological and other pertinent vocational, educational cultural, social, recreational, and environmental factors that affect employment and rehabilitation needs, ii) an appraisal of the patterns of work behavior that would effect employment and determine services needed to acquire occupational skills, develop work attitudes, work habits, work tolerance, and social and behavioral patterns necessary for successful job performance, including situational assessments to assess and develop the capacities to perform adequately in the work environment, and iii) determination of the capacity to perform in a specified work setting.
7. Employment - once employment ready, an array of services designed to assist in achieving an occupation will be provided. TVR provides assistance with resume' writing, interview skills, and purchases items for employment such as clothing or tools. TVR conducts job development and placement by making consumer referrals to potential employers, job service agencies, and employment assistance programs. TVR provides On-the-Job (OJT) training and Work Experience (WE) programs. Upon completion of the OJT and WE, the employer agrees to employ the consumer in a full-time, permanent position. TVR provides supported employment services for those consumers who need such services via referral to an appropriate service provider. As consumers seek employment, TVR follows their progress and provides services when necessary. Other services include job coaching, job sampling, and job assessments.
8. Employment Tracking Period - when traditional employment is obtained, TVR monitors the consumer for 90-days and provides assistance as necessary. If a consumer demonstrates a need for other services (i.e. assistive devices, additional training), TVR provides the services or refers to an appropriate agency to fill the need. The monitoring is a means to ensure successful and secure employment is maintained. It is also used to assist the employer accommodate the particular needs of the consumer. Consumers involved in self-employment or subsistence will be monitored for a period determined necessary by the counselor.
9. Closure - five types of closure TVR uses are: a) successful closure or status 26 involves achieving the vocational goals listed in the IPE and successfully completing the 90-day follow along. TVR only takes credit for a successful closure if the services provided were the contributing factor to employment. A summary is written and includes information on: i) how VR services had an impact on rehabilitation, ii) employment goals, iii) a brief description of guidance and counseling provided, iv) services provided, v) work-performance (including interpersonal relationships), vi) type of work (i.e. full time, part time, seasonal, permanent, or subsistence), vii) wage earning and whether wage is comparable to similar positions, viii) how the environment may or may not impact the consumer's condition, and ix) the discussion of post-employment services. TVR prepares and sends a letter to regarding the case closure and provides information on Due Process if there is no agreement with the closure.
   b) Unsuccessful closure or status 28 involves closing the file if TVR is unable to contact the consumer (i.e. moved out of town), the consumer refuses services or requests closure, the consumer has been institutionalized, or the consumer proves to be non-cooperative. If closed as unsuccessful, TVR prepares a document describing the events that took place including: i) the unsuccessful results leading to the closure and ii) reasons for the closure. TVR writes a letter informing of the closure and Due Process if there is no agreement with the closure.
   c) Closed before determined eligible or status 08 is used when a consumer either refuses services is non-cooperative, or contact is not possible before eligibility is determined. If a file is closed in this status, TVR writes a closure statement on the circumstances causing the closure and sends a letter informing of the decision and Due Process if there is no agreement with the closure.
   d) Case-closed-no-plan closure or status 30 occurs after the consumer is made eligible, but before the IPE has been developed. Reasons for this closure include inability to contact consumer, refusal of services, institutionalization, or non-cooperation. If closed in this status, a closure statement is written stating the reason the consumer was referred, what services were provided, and a letter is sent informing of the closure and Due Process if there is no agreement with the closure.
   e) Case closed ineligible or status 04 occurs when all the relevant information has been reviewed and the individual has been determined ineligible for TVR services.
10. Post Employment Services - TVR staff involvement does not cease after closure. The consumer is informed of post-employment services prior to case closure. These services include assisting consumers with problems at their job sites and assisting consumers maintain employment through advocacy and/or workplace modification.

1) An individual who believes they have a disability that creates an impediment to their employment; who believes they require VR services; and who desires employment as an outcome of those services;
2) Who signs and dates an application requesting services;
3) Has provided information necessary to initiate an assessment to determine eligibility; and
4) Is available to complete the assessment process.

It is the policy of TVR that referrals are responded to as soon as possible. TVR's goal is to respond to a referral within 5 working days to initiate the application process.

(C) Assessment for determining eligibility and priority for services

Any individual who applies for services shall undergo an assessment for determining eligibility, the results of which shall be shared with the individual.

The assessment will be conducted in the most integrated setting possible and consistent with the needs and informed choice of the individual.

Eligibility for TVR shall be determined within a reasonable period of time, not to exceed sixty (60) days after the application for services has been received unless the following occurs:

1) The applicant is notified that exceptional and unforeseen circumstances beyond the control of TVR preclude the counselor from completing the determination within the prescribed time frame and the applicant agrees that an extension of time is warranted; and/or
2) An extended evaluation is necessary

(D) Eligibility Criteria:

An Applicant is any American Indian who has met the criteria found in Section B (1) - (4) above.

Assessment for determining eligibility and priority for services:

1. Any individual who applies for services shall undergo an assessment for determining eligibility, the results of which shall be shared with the individual.
2. The assessment will be conducted in the most integrated setting as possible and consistent with the needs and informed choice of the individual.

Eligibility Criteria: An individual is eligible for VR if the following criteria (1 through 5) are met:

1. A determination that the individual is Alaskan or American Native and can document their enrollment with a Federally or State Recognized Tribe;
2. A determination that the applicant has a physical or mental impairment;
3. A determination that applicant's physical or mental impairment constitutes or results in a substantial impediment to employment;
4. A presumption that the applicant can benefit in terms of an employment outcome from the provision of VR services unless the counselor can document on the basis of clear and convincing evidence, and only after an extended evaluation, that such individual is incapable of benefiting from VR services in terms of an employment outcome;
5. A determination that the individual requires VR services to prepare for, enter into, engage in, or retain employment consistent with the applicant's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.

Social Security Presumption: It is expected that some applicants for VR services will be recipients of Social Security benefits. If an applicant has appropriate documentation, such as an award letter, that establishes the applicant's eligibility for Social Security benefits under Title II or Title XVI of the Social Security Act, the individual will be presumed to meet the eligibility requirements in 2 and 3 above. However, presumption does not negate the counselor's responsibility to attain diagnostic information necessary to make an informed and proper eligibility determination answering 3, 4, and 5 above.

Review and assessment of data for eligibility determination: The eligibility determination shall be based on the review of existing data, including counselor observation, education records, and information provided by the individual.

To the extent existing data does not describe the current functioning of the individual, an assessment of additional data resulting from the provision of VR services, including assistive technology devices and services and/or worksite assessments that are necessary to determine whether an individual is eligible.

Upon completion of the eligibility assessment, the counselor shall make one of the following decisions:

1. Eligibility: For each individual determined eligible for VR services, the record of services must include a dated Eligibility Determination Certificate completed by a qualified VR Counselor.
2. Extended Evaluation: In all cases where the Counselor determines that an extended evaluation is required, the case record must include a Determination of Extended Evaluation Certificate, completed by a qualified VR Counselor, which documents:
a. That the individual has a physical or mental impairment which constitutes or results in a substantial impediment to employment and requires VR services, and
b. That it is questionable if the individual is capable of benefiting from VR services in terms of an employment outcome because of the severity of the disability.

An individual may remain in extended evaluation only for the period of time required to determine if the individual can benefit from VR services in terms of an employment outcome but not to exceed 18 months. A review of the case shall be conducted as often as necessary but at least every 90 days.

An IPE shall be developed by a qualified VR Counselor to determine the nature and scope of services required to achieve or, if severely impaired, to provide an adequate measurement of the individual's ability to achieve an employment outcome. Services provided are only to address these two issues.

3. Ineligibility: In all instances where the Counselor determines that an applicant for or recipient of VR services does not meet the requirements for eligibility, the record of services must include a Determination of Ineligibility Certificate, dated and signed by the Counselor, which documents the reasons for the ineligibility determination. Ineligibility decisions concerning the severity of a disability must be based on clear and convincing evidence and require an extended evaluation prior to closure.

SECTION 5: ASSESSMENT OF VOCATIONAL REHABILITATION NEEDS

For individuals who have been determined eligible for TVR services or for extended evaluation, an assessment of VR needs shall be conducted to determine the long term vocational goal, employment objectives, nature and scope of VR services to be included in the IPE. All IPEs must be designed to achieve an employment outcome that is consistent with informed choice, the individual's unique strengths, priorities, concerns, abilities, capabilities, and career interests.

Services to determine eligibility under extended evaluation shall be delivered on an IPE.

A. Primary Sources of Information: To the extent possible, the vocational goal, intermediate objectives, and the nature and scope of the services to be included in the IPE must be determined based on the data used for the assessment of eligibility.

The assessment will use, as a primary source of information, to the maximum extent possible, the following:

1. Existing Information
2. Information provided by the individual

B. Comprehensive Assessment of Rehabilitation Needs: If additional data are necessary to prepare an IPE, beyond existing information and that provided by the individual, a comprehensive assessment shall be conducted. The comprehensive assessment is designed to identify the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and needs, including supported employment services, of an eligible individual, as well as measure the capacity of the individual's ability to return to work.

The assessment shall be conducted in the most integrated setting possible, consistent with informed choice of the individual.

The assessment may include, to the degree needed to make a determination of VR needs and develop an IPE, an analysis of the pertinent factors affecting the employment and rehabilitation needs of the individual including an analysis of:

1. personality
2. interest
3. interpersonal skills
4. intelligence and related functional capacities
5. educational achievements
6. work experience
7. vocational aptitudes
8. personal and social adjustment
9. employment opportunities available to the individual
10. medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual
11. an appraisal of the patterns of work behavior and services needed to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavioral patterns necessary for successful job performance, including situational assessments to assess and develop the capacities of the individual to perform adequately in the work environment
12. An assessment, through provision of rehabilitation technology services, of the individual capacities to perform in a work setting

SECTION 6: VOCATIONAL REHABILITATION SERVICES

VR services include, but are not limited to:

A. An assessment for determining eligibility and VR needs.
B. Counseling, guidance, and work-related placement services for individuals with disabilities, including job search assistance, placement assistance, job retention services, and Employment Tracking Period.
C. Physical and mental restoration services: services necessary to correct or to modify substantially a physical or mental condition of an individual that is stable or slows progression. When physical or mental restoration services are provided, there must be documentation that the clinical status of the individual is stable or slows progression and the service is a requirement for the individual's successful employment.
D. Vocational and other training services, including
1. Personal and vocational adjustment training
2. Post-secondary Training - this service shall be provided only when proven it is the only way to achieve a vocational goal consistent with an individual's capacities and abilities and only for two year programs (either AA degree or the first half of a BA degree or second half of a BA degree, but not the full four years of a BA degree).
Prior to providing post-secondary training, comparable benefits will be determined. The individual is required to complete and submit for processing the Free Application for Federal Student Assistance (FAFSA). The resulting Student Aid Report (SAR) and Financial Aid Award Letter will determine the federal grant awards available that are to be applied to tuition, books, and fees. A copy of the SAR and Financial Aid Award Letter are to be filed in the record of services for all individuals sponsored in post-secondary education by TVR.

All federal grants, including the Pell, are to be applied to tuition, books, and fees as the primary dollar source, prior to the consideration of expenditure of TVR funds.

The FAFSA Expected Family Contribution, Student Contribution, Work Study and other grants shall be considered in meeting the financial needs of the individual's post-secondary education to the maximum extent possible.

Scholarships must be considered as comparable benefits.

If comparable benefits exist, but the student was not immediately determined eligible or awarded and is eligible to re-apply, then TVR will meet the first semester costs (along with those comparable benefits that have been awarded) of post-secondary education. Subsequent semester sponsorship may only be authorized upon receipt and consideration of the SAR and the Award Letter sent to the student by the institution.

If the SAR indicates the student will receive a Pell Grant, the Pell award will be considered by the counselor as a resource to be applied in the subsequent semester(s).

Out of State Training - TVR will only pay tuition costs for programs inside the State, unless it is determined that the program is not available or the individual elects to pay the difference between the cost of attending inside and outside the State. If comparable programs exist at both public and private schools, TVR will pay the amount of the public run program.

Progress Measures - Individuals must maintain a grade point average of 2.0 and must demonstrate progress toward meeting the goal of the IPE. If the individual is placed on academic probation, they have one semester in which to attain good standing. TVR sponsorship will terminate after that semester unless the individual achieves good standing.

Loan Defaults - TVR funds may not be utilized to pay for post-secondary education if an individual has defaulted on a federal student loan. The University of College Financial Aid office may be able to assist in unusual circumstances.

Book and Supplies - Each institution of post-secondary education is required to produce an annual student budget. The institution's budgeted amount for books and supplies shall be utilized as the student's maximum award from TVR. A grant should be requested for the books and supplies, with a copy of the institution's budget placed in the file. Participants are required to budget the award and pay for their own books and supplies.

3. On-the-job training - When an individual is receiving on-the-job training, the conditions of training, certification, and wage payment must comply with applicable State and Federal wage and hour laws. On-the-job training requires a written agreement among the individual, counselor, and employer that states the hourly wage, responsibility of Workers' Compensation coverage, and any other conditions of employment.
E. Interpreter services and note taking services for individuals who are deaf, including tactile interpreting for individuals who are deaf-blind; reader services, rehabilitation teaching services, note-taking services and orientation and mobility services for individuals who are blind; telecommunications, sensory and other technological aids and devices.
F. Occupational licenses, tools, equipment, initial stocks and supplies necessary in order to enter an occupation. TVR will not purchase land or buildings for individuals with disabilities. TVR expenditures for self-employment plans may not exceed $???.00 per individual. Exceptions to this policy require approval of the TVR Director. TVR retains the right to reclaim occupational tools and equipment purchased by the Agency when the individual's IPE is not completed and/or the case is closed not rehabilitated.
G. Supported employment services may be provided to individuals with the most severe disabilities who require job site training and a variety of on-going support services.
1. Supported employment is defined as follows:
a. Competitive work in an integrated work setting with ongoing support services for individuals with the most severe disabilities for whom competitive employment:
i. Has not traditionally occurred; or
ii. Has been interrupted or intermittent as a result of severe disability; and
iii. Who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to be gainfully employed; or,
b. Transitional employment for individuals with chronic mental illness.
2. Supported employment must include ongoing supported services in an integrated setting on a time-limited basis, not to exceed 18 months.

Extended services must be provided through an ongoing support plan using another service agency, service provider, or natural supports and developed in conjunction with or prior to closure.

a. "integrated setting" means a setting typically found in the community in which individuals with disabilities interact with non-disabled individuals to the same extent that non-disabled individuals in comparable positions interact with other persons.

b. "transitional employment" services for persons with the most severe disabilities due to mental illness means a series of temporary job placements in competitive work in an integrated work setting with on-going support services for individuals with chronic mental illness.

H. Post-Employment Services - An individual with a disability who was determined rehabilitated may receive services necessary to help that individual maintain or regain suitable employment. Post-employment services require an amendment to the IPE. Individuals requiring multiple services over an extended period of time and/or a comprehensive/complex rehabilitation plan are not eligible for post-employment services, but should be encouraged to re-apply.

I. Rehabilitation technology services (assistive technologies) - may be provided as compensatory strategies to increase, maintain, or improve functional capabilities of individuals with disabilities. Rehabilitation technology services may be provided at any time in the rehabilitation process, including the assessment for determining eligibility and VR needs, extended evaluation, services provided under an IPE, and post employment services.

1. Assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:
a. The evaluation of the needs of an individual;
b. Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;
c. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
d. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
e. Training or technical assistance for an individual with a disability;
2. An assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
3. Vehicle modifications may be provided as an assistive technology device only when the applicant/individual is otherwise precluded from achieving a vocational objective.
4. Housing modifications for disability related accommodations may be provided as an assistive technology service to a maximum of $5,000.00 when the internal home modification needs are minor, such as door widening; installation of hand rails, and grab bars. External home modifications are limited to ramps to accommodate for accessibility needs.

All housing modifications would be provided as a supportive service so the individual can benefit from a core VR service provided under an IPE.

All individuals with disabilities in need of home modifications should be referred to the local Independent Living Center or State VR as these services are specifically listed as "independent living services" in the Rehabilitation Act.

J. Supportive Services:
1. Maintenance to individuals for additional costs incurred while participating in rehabilitation supported by TVR who are attending higher education courses or training (not to exceed $??? per month unless given written permission by the TVR Director).
2. Transportation - including travel and related expenses that are necessary to enable individuals to participate in a VR services.
3. Services to an applicant/individual's family members when those services are necessary to the VR of the individual.
4. On-the-job personal assistance services provided while an individual is receiving TVR services.

SECTION 7: INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)

A. The IPE is developed jointly within the framework of a counseling and guidance relationship between the individual and the VR Counselor. The IPE is agreed to and signed by the individual or, as appropriate, the individual's representative and the VR Counselor.

Through the counseling relationship, a partnership is required, where options are explored and where implications of decisions are identified. It is within this partnership that the VR Counselor provides support tailored to the needs of the individual, as identified in the assessment process, so he/she may make informed choices that result in successful employment. In the development of their IPE, individuals will be encouraged to make decisions from relevant information available.

The right of self-determination to make decisions that result in successful employment is available to participants of the VR program. In addition, the responsibilities to make decisions based upon related laws, regulations and public policy is also a requirement of the partnership of the VR counselor and the individual with a disability.

Individuals must receive supports that will assist them in making informed choices. This is especially important for individuals with cognitive or other disabilities who require assistance in exercising informed choice.

Individuals shall promptly receive a copy of their IPE and any subsequent revisions. Copies shall be provided in the native language of the individual or through appropriate modes of communication.

The record of services must support the selection of the vocational goal, the objectives of the IPE and the selection of providers of services. TVR goods and services may only be provided in accordance with the IPE.

1. The IPE must include the following:
a. The specific long-term vocational goal consistent with the unique strengths, priorities, concerns, abilities, capabilities, career interests, and informed choice of the individual;
b. The specific employment objectives designed to address and overcome the individual's barrier(s) to employment. These objectives must be:
i. Based on the assessment for determining eligibility and VR needs,
ii. Consistent with the informed choice of the individual.
c. the specific services to be provided along with the projected dates for initiation and anticipated duration of each service, including:
i. if appropriate, a statement of the specific rehabilitation technology services;
ii. if appropriate, a statement of the specific on-the-job and related personal assistance services, and, if appropriate and desired by the individual, training in managing, supervising, and directing personal assistance services;
iii. to the extent appropriate, occur in integrated settings;
iv. a procedure and schedule for periodic review and evaluation of progress to determine if the IPE objectives are being achieved;
v. the entity that will provide the VR service, the responsibilities of all parties, the extent of the individual's participation in the cost of the services;
vi. the extent to which comparable services and benefits are available to the individual under any other program;
vii. a statement describing how he or she was informed about and involved in choosing among alternative goals, objectives, services, entities providing services, and methods used to procure such services;
viii. an assurance that the individual has been informed of his/her rights and the means by which the individual may express and seek remedy for any dissatisfaction with counselor decisions. This should include a description of CAP;
ix. the basis on which the individual has been determined to achieve an employment outcome and documentation that services provided under the IPE have contributed to the achievement of the employment outcome (closure justification);
x. an assessment of the need for post-employment services;
xi. a reassessment of the need for post-employment services prior to the point of successful closure;
xii. a description of the terms, conditions, and duration of the provision of post-employment services.
xiii. Supported Employment - for individuals with the most severe disabilities for whom a vocational objective of supported employment has been determined appropriate the following must be addressed:
1. a description of time-limited services to be provided by an agency contracted from TVR not to exceed 18 months in duration;
2. a description of an identified source of funding for the extended services needed. If it is not possible to identify the source, a statement that there is a reasonable expectation that extended services will be available;
3. a description that the employment is competitive and available in an integrated setting.
xiv. In developing an IPE for a student with a disability, the IPE shall be prepared in coordination with the appropriate educational agency and will consider the students individual educational program (IEP).
xv. If appropriate, a closure statement on the IPE specifying the reasons that an individual is no longer eligible for VR services;
xvi. IPEs will be reviewed with the individual as often as necessary but at least annually to assess the individual's progress in meeting the objectives on the IPE. Revisions shall be completed when a significant change occurs in the IPE. Revision(s) or amendment(s) to the IPE shall be in writing and shall not take effect until agreed to and signed by the individual.

SECTION 8: CLOSURES

Tse an individual's record of services at any time in the TVR process when it is determined that the individual is no longer eligible, is unavailable for diagnostic or planned services, chooses not to participate, or is rehabilitated.

A. Ineligibility
1. The person has no disability, or no substantial impediment to employment or the individual does not require VR services to achieve an employment out come. This requires:
a. Opportunity for individual's or their representative's participation in closure decision
b. Written notice of closure decision
c. Written notification of appeal rights, including the name and address of person with whom an appeal may be filed, and of the availability of the CAP
d. IPE closure amendment; if appropriate
e. Certification of ineligibility in case record that documents the reason for closure and is dated and signed by the counselor
f. Referral to other agencies and community rehabilitation programs as appropriate
2. There is clear and convincing evidence after an extended evaluation or after a period of service provision under an IPE that the individual with a disability is incapable of benefiting from VR services in terms of achieving an employment outcome. This requires:
a. Opportunity for individual's or their representative's participation in closure decision
b. Written notification of closure decision
c. Written notification of appeal rights, including the name and address of the person with whom an appeal may be filed, and of the availability of the CAP
d. IPE amendment; if appropriate
e. Review of the ineligibility determination within 12 months. A review is not required in situations where the individual refuses services; the individual is no longer present in the State; the individual's whereabouts are unknown; or the individual's medical condition is rapidly progressive
f. Certification of ineligibility in the record of services that documents the reasons for closure and is dated and signed by the counselor
g. Referral to other agencies and community rehabilitation programs as appropriate

3. Closure for reasons other than Ineligibility: The counselor may close a record when an individual is unavailable for an extended period of time or chooses not to participate. The counselor must make at least two attempts to contact the individual and encourage their participation in VR services, with the third contact being a closure letter. This requires:
a. Rationale for closure documented in the case record
b. Written notification to individual
c. If individual has an IPE, written notification of appeal rights, including the name and address of the person with whom an appeal may be filed and the availability of CAP
d. IPE amendment, when appropriate
4. Closure for individuals who have achieved an employment outcome: in order to determine that an individual has achieved an employment outcome, the record must document:
a. Services provided under the IPE contributed to the achievement of the employment outcome
b. The employment is in the most integrated setting possible, consistent with the individual's informed choice
c. The employment outcome has been maintained for a minimum of 90-days, unless provided assistive technology services or participated in a self-employment or subsistence plan
d. The individual and the counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on the job
e. Re-assessed the need for and informed the individual of the purpose and availability of post-employment services, when necessary, and
f. Provided notification of closure to the individual

5. Closure of individual in sup ported employment: individuals in supported employment are determined rehabilitated when a plan of extended support services is in place.

SECTION 9: CONSUMER CHOICE

Section 2(c) (1) of the Rehabilitation Act as amended addresses informed choice. All programs, projects, and activities funded under the Act must be "carried out in a manner consistent with the principles of respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities."

Section 100(a) (3) (c) says, "Individuals who are applicants for such programs or eligible to participate in such programs must be active and full partners in the VR process, making meaningful and informed choices - (i) during assessments for determining eligibility and VR needs; and (ii) in the selection of employment outcomes for individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services."

Requirements: 1. inform each applicant and individual eligible for VR services, through appropriate modes of communication, about the opportunities to exercise informed choice throughout the VR process, including the availability of support services for individuals who require assistance in exercising informed choice; 2. assist applicants and eligible individuals in exercising informed choice in making decisions related to the provision of assessment services; 3. provide or assist eligible individuals in acquiring information that enables them to exercise informed choice in the development of their IPE outcomes, VR services and service providers, the employment setting and the setting in which the services will be provided, and methods for procuring services; 4. develop and implement flexible procurement policies and methods that facilitate the provision of services and afford eligible individuals meaningful choices among procurement methods; and 5. ensure that the availability and scope of informed choice is consistent with the obligations of the VR agency.

Implementation of informed choice should ensure that the individual, or if appropriate, the individual, through his/her representative:

1. makes decisions related to the assessment process and to selection of the employment outcome and the settings in which employment occurs, VR services, service providers, the setting for service provision, and the methods for procuring services;
2. has a range of options from which to make these decisions or, to the extent possible, the opportunity to create new options that will meet the individual's specific rehabilitation needs;
3. has access to sufficient information about the consequences (negative or positive) of various options;
4. has skills for evaluating the information and for making decisions, or, to the extent possible, the opportunity to develop such skills or support and assistance in carrying out these functions;
5. makes decisions in the ways that reflect the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests; and
6. takes personal responsibility, to the extent possible, for implementing the chosen options.
This policy outlines those practices and the philosophy of which the TVR program strongly adheres. Staff is encouraged to comply with informed choice as it means more of the responsibility of the success of the IPE lies with the consumer. In short, our job is to present the relevant information regarding their choices and to ensure the consumer understands the consequences, whether positive or negative, of those choices. We depend highly on a strong collaborative relationship with our consumers and, with out this, our ability to provide relevant services becomes greatly diminished.

SECTION 10: DUE PROCESS

An applicant or recipient of VR services who is dissatisfied with any determination made by a VR Counselor concerning the furnishing or denial of services may request a timely review of the determination. Applicants will be informed of the TVR appeal process and the availability of the Client Assistance Program (CAP). The TVR program will make disability related accommodations to assist individuals in the conduct of the appeals process. The following procedures will be adhered to in the order they are presented:

A. Immediate Verbal Resolution:
1. before any steps are taken and during the intake interview with the applicant/consumer, they will be informed/reminded of the CAP and their right to requests CAP services at any time
2. verbal resolution must be attempted between counselor and applicant/consumer first
3. if the applicant/consumer is not satisfied with the results at this level, they will be informed that they have a right to seek verbal resolution from the TVR Director
4. if the applicant/consumer is not satisfied with the results at this level, they will be informed that they have a right to seek resolution from the TVR Director's immediate supervisor. The applicant/consumer should be informed that they have 30 calendar days from the verbal discussion with the TVR director to send the TVR Director's immediate supervisor a written letter requesting resolution.
5. if the applicant/consumer is not satisfied with the results at this level, they will be informed of the informal administrative resolution process.
B. Informal Administrative Resolution:
1. Continuation of services pending completion of the hearing: Pending a final determination of an informal resolution or hearing, TVR may not suspend, reduce, or terminate services being provided under an IPE, unless the services were obtained through misrepresentation, fraud, or collusion, or the individual or authorized representative, requests suspension, reduction, or termination of services.
2. Client Assistance Program and Supervisory Review: The CAP and supervisory review are encouraged as a means to resolve dissatisfaction as the earliest possible time.
3. Informal Administrative Resolution (IAR):
a. The IAR process is an option available to the individual, should they choose it, as a proven means likely to result in a timely resolution of disagreements. An individual must request an IAR within thirty (30) calendar days of the agency notice regarding the provision or denial of services that is in question. The request must be in writing to the TVR Director and must describe the complaint.
b. In holding an IAR, the Director of TVR will be responsible for:
i. Assigning an Administrative Advocate from the administrative or supervisory staff who has not participated in TVR's action that created the individual's dissatisfaction
ii. Advising the individual of their right to have a representative present and encouraging the individual to use the services of CAP
iii. Ensuring that the review is conducted within ten (10) working days of receipt of the individual's request, or at a time mutually agreed to by the parties involved that ensures the entire fair hearing process can be completed within 45 days:
1. when undue delay is caused by the individual in scheduling an IAR, the individual will be informed that if they review is not conducted within thirty (30) days, the individual's request will be reviewed by TVR as invalid
2. if the individual makes an effort to utilize CAP or the counselor's supervisor to resolve their dissatisfaction, the time allowed for conducting an IAR will be extended accordingly
iv. Holding the review at a time and place convenient to the individual
v. Providing communication methods for those individuals who have a sensory impairment. An interpreter will be provided for those individuals who cannot communicate in English
vi. Assuring that the individual is provided transportation to and from the review site, if needed
c. The administrative Advocate will attempt to resolve the matter to the satisfaction of the individual, developing a written agreement with the individual at the conclusion of the Review. A copy will be sent to the TVR Director's immediate supervisor, the involved counselor, and the counselor supervisor
d. In the event the Administrative Advocate is unable to resolve the matter to the satisfaction of the individual, the Advocate will explore options with the individual and provide information on the right to a Fair Hearing, including allowable time constraints, and how and to whom the request should be made
e. The Administrative Advocate will, following the review, brief the counselor and the counselor's supervisor as to the result
i. Following the review, the Administrative Advocate will be available to the individual and the individual's counselor for clarification of the results of the review
ii. The results of the IAR are binding for TVR unless law does not permit the decision of the Administrative Advocate. The individual may reject the findings of the review and request a fair hearing.
C. Fair Hearing: Individual may request a fair hearing immediately without having to go through other appeal steps.
1. A fair hearing is a procedure whereby an individual, who is dissatisfied with any determinations concerning the provision or denial of TVR services or the findings of the IAR, may seek a re-determination of agency action before an impartial hearing officer.
2. The individual must request a Fair Hearing within thirty (30) calendar days of the agency notice regarding the provision or denial of service. If no IAR is chosen by the individual, the Fair Hearing process will begin immediately.
3. A Fair Hearing request must be sent in writing to the Director of TVR and clearly state the individual's dissatisfaction.
4. A Fair Hearing can be requested to address only those issues previously addressed by the IAR. The Fair Hearing cannot address new issues. The request should clearly state the individual's dissatisfaction with the results of the IAR.
5. The Fair Hearing shall be conducted within 45 calendar days of receipt of the individual's request for review, unless informal resolution is achieved prior to the 45th day or the parties agree to a specific extension of time.
6. A Fair Hearing shall be conducted by an impartial hearing officer selected from the pool of qualified persons identified jointly by the Director of TVR and his/her immediate supervisor.
7. The Fair Hearing Officer shall issue a recommended decision within thirty (30) days of the completion of the hearing. Within twenty (20) calendar days of mailing of the Fair Hearing Officer's Recommended Decision, the Director shall notify the individual of the intent to review the recommended decision, the decision of the Fair Hearing Officer becomes final. If the Director decides to review the decision, the individual shall be provided an opportunity for the submission of additional evidence or information relevant to a final decision.
8. The Director shall issue a final written decision including a full report of the findings and the grounds of such decision within thirty (30) calendar days of providing notice of intent to review the Fair Hearing Officer's decision. The Director may not overturn or modify a decision of the Fair Hearing Officer that supports the individual unless the Director concludes, based on clear and convincing evidence, that the Fair Hearing Officer's decision is erroneous because it is contrary to Federal or State law, including policy.
9. The Fair Hearing decision shall be considered final by TVR pending the outcome of further appeal procedure.

SECTION 11: COMPARABLE SERVICES AND SIMILAR BENEFITS AND PARTICIPATION BY INDIVIDUALS WITH DISABILITIES IN THE COST OF TVR SERVICES

TVR provides, as appropriate to the VR needs of each eligible individual, goods or services necessary to assist the individual achieve an employment outcome. When appropriate, counselors shall refer individuals with disabilities to receive services from other agencies and organizations. Exceptions to policy require the approval of the TVR Director and the notification and consultation of the Employment and Training Manager.

A. Comparable Service/Similar Benefit Service Provider Standards - TVR requires service providers:
1. to be licensed by the Division of Occupational Licensing, a professional certifying body, The Division of Post-Secondary Education, or
2. have an approved Service Provider Agreement with TVR. Service Provider Agreements may be applied for by contacting the VR Counselor or Director.
3. Selection of Service Providers:
a. Providers are selected by a combination of consumer choice and Section 10(A) (1) & (2) of the TVR Policy and Procedure Manual.
b. The Service Provider Agreement states the provider's rate.
c. TVR counselor(s) will assist the individual in acquiring information necessary to make an informed choice regarding the selection of the service provider.
d. The lowest cost qualified provider that meets the satisfaction of the individual is normally selected.
B. Individual Financial Contribution:
1. In all cases, individuals shall be encouraged to participate in meeting the financial cost of their rehabilitation to the extent appropriate and possible.
C. Comparable Services and Benefits:
1. If comparable services and benefits are available, they must be utilized to meet, in whole or in part, the cost of VR services. The utilization of comparable services and benefits does not apply in the following situations:
a. If the determination of the availability would delay the provision of VR to any individual who is at extreme medical risk. A determination of extreme medical risk shall be based upon medical evidence provided by an appropriate licensed medical professional and means a risk of substantially increasing functional impairment or risk of death if medical services are not provided expeditiously.
b. If an immediate job placement would be lost due to a delay in the provision of comparable benefits.
D. Comparable Services and Benefits Exceptions: The following categories of service are exceptions to the requirement that comparable services and benefits be used:
1. evaluation of VR potential, unless provided under an IPE for extended evaluation;
2. counseling, guidance, referral, and placement;
3. vocational and other training services that are not provided in a post-secondary institution, such as on-the-job training, personal and vocational adjustment services;
4. rehabilitation technology services;
5. post-employment services that would be included under 1 - 4 above;
6. if an immediate job placement would be lost due to a delay in the provision of comparable services and benefits.
E. Timelines of Comparable Benefits
1. if comparable benefits exist, but are not available to the individual at the time needed to satisfy the rehabilitation objectives of the IPE, TVR shall provide VR services until those comparable benefits become available.

SECTION 12: SERVICE EXPENDITURES

The Rehabilitation Act of 1973 as amended in 1998 regarding informed client choice shall prevail in the purchase of client services and supplies.

Purchase of goods, equipment, or materials, in excess of $??? per transaction, shall be coordinated and approved through the TVR Director.

The following principles shall guide Client purchases:
A. The IPE is the primary document that determines the scope, duration, and provider of services. The individual with a disability must agree to the terms and conditions of the IPE prior to the services being provided.
B. TVR Counselors are required to determine the needs of their client first and then determine the cost and availability of approved service providers. Counselors are required to follow state and federal requirements pertaining to informed client choice and purchasing procedures, including:
1. provision of services consistent with the IPE;
2. involvement of the individual in choosing goals, services, and providers;
3. ensuring fair and equitable treatment of all persons doing business with TVR;
4. maximize, to the extent practicable, the purchasing value of TVR funds;
5. elimination and prevention of discrimination in purchasing due to race, religion, color, national origin, sex, age, impaired condition, etc.
C. When a TVR counselor is faced with making a purchase that is in conflict with the requirements from the source of which Client Service Dollars are received because of consumer choice issues, the counselor must explain the conflict and record it in the individual's case record for auditing purposes the reason services cannot be provided.

SECTION 13: CONFIDENTIALITY

Note: Under no circumstances are verbal or telephone requests for case file information from persons representing public or private investigating agencies or advocates to be honored. Any individual, agency, or advocate requesting information regarding a client case record shall require a written request from the client. All individual(s), family members, or advocates who wish to participate in the case of a client must have a Release of Information form signed by the client in order for the TVR staff to communicate with the individual(s), family members, or advocates.

A. All information acquired by TVR is the property of TVR and shall only be used and released for purposes directly connected with the administration of the TVR program. Use, release, and obtaining of personal information by TVR shall conform to applicable state and federal regulation.
B. For purposes of this policy, informed written consent shall:
1. be in language that the individual or their representative understands;
2. be dated and specify the length of effect;
3. be specific in designating TVR as the agency authorized to use, disclose, or receive information;
4. be specific as to the nature of the information;
5. specifically designate the parties of whom the information may be released; and
6. be specific as to the purpose(s) for which the information may be used.
C. Release to Individuals with Disabilities, their Representatives, or Attorney:
1. Upon informed written consent by the individual and or their representative, all information in the case record shall be made available in a timely manner, except:
a. Medical, psychological, or other information that TVR believes may be harmful to the individual. This information may not be released directly to the individual, but shall be provided through their chosen representative, physician, licensed psychologist, or advocate, and
b. Information obtained from outside TVR may be released only under the condition established by the outside agency, organization, or provider.
c. An individual who believes that information in their record of services is inaccurate or misleading may request that TVR amend the information. If the information is not amended, the request for amendment must be documented in the record of services.
d. TVR will respond to a request made under this section within ten (10) working days after receipt of a written request. One copy of the case record will be made for the individual at no charge. Subsequent copies will be provided at the flat fee of $???

D. Release to Inter-Agency or Inter-Departmental Programs:
1. TVR may release limited information to the State VR agency and other social service programs within the tribe if it will accomplish the following:
a. To prevent receipt of duplicative benefits;
b. To obtain verification of information provided by the applicant or recipient; or
c. Assist the client to obtain additional benefits.
2. Other divisions within the tribe may release limited information if it will accomplish the following:
a. To prevent receipt of duplicative benefits;
b. To obtain verification of information provided by the applicant or recipient; or
c. Assist the client to obtain additional benefits.
E. Release in response to investigations in connection with law enforcement:
1. TVR staff may provide otherwise confidential information to law enforcement officers involved in carrying out public assistance laws or any investigation connected with administering benefit programs. The name and address of any recipient may be provided to a law enforcement officer if:
a. The officer furnishes the name and social security number of the client and notifies TVR that the client is a fugitive felon, a probation or parole violator (as defined under state law); and
b. The location or apprehension of such a felon is within the officer's official duties.
F. Release for Audit, Evaluation, or Research:
1. At the discretion of the Director, personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research only for purposes directly connected with the administration of the TVR program, or for purposes which would significantly improve the quality of life for individuals with disabilities, and only if the organizations, agency, or individual assures that:
a. The information will be used only for the purposes for which it is being provided;
b. The information will be released only to individuals officially connected with the audit, evaluation, or research;
c. The information will not be released to the involved individual;
d. The information will be managed in a manner to safeguard confidentiality; and,
e. The final product will not reveal any personal identifying information without the informed written consent of the involved individual, and/or their representative.
G. Subpoena for Release of Information to the Courts, Other Judicial Bodies, Worker's Compensation and Law Enforcement Agencies:
1. State and federal statutes apply even in the event of a subpoena. If the individual does not give permission for release of case-file information to the court, the court may subpoena the case record. Even if there is a subpoena, we must have written release from the individual before providing information to the court. Upon receipt of a subpoena, the counselor must immediately:
i. Notify the attorney who originated the subpoena that state and federal regulations prohibit TVR from sharing any individual's information without a written release signed by the individual.
ii. Suggest that the attorney obtain the signature of the individual on a release form and present it to us. If they refuse to inform them then we will honor the subpoena by appearing, but will not share any information without the release. Cite the law and regulations.
iii. Notify the individual, by telephone if possible and in writing, of the subpoena. As if they desire that TVR honor the subpoena and provide the requested information. If so, obtain a signed written release of information form specifying what information is to be released to the court.
iv. If the individual refuses to sign a release of information form, the Director must contact the local office of the attorney general, explain the situation, and request legal intervention.
v. If none of the methods cited above effectively resolve the issue in a timely manner, immediately notify the Employment and Training Manager and provide that office with a FAX copy of the subpoena. The Manager or designee will contact the office of the attorney general for instructions and will keep the Director informed of the situation.
vi. If there is no success in acquiring a written release from the individual and the subpoena is not dealt with in an alternative manner, it may be necessary for the counselor to honor the subpoena. If this occurs, it is the responsibility of the counselor to:
1. take the case file to the hearing, trial, or deposition;
2. indicate to the hearing official that this information is confidential under both federal and state regulations, citing the appropriate statute;
3. if a judge insists upon inclusion of case file information in spite of the notification that it violates federal and state regulations, the court assumes responsibility for the breach;
4. if the individual agrees to have case file information made available to the court or for a worker's compensation hearing, the counselor must:
a. obtain a written release of information from the individual specifying the information they are willing to have provided;
b. file one copy of the release in the case file, provide one to the court and give one to the individual
c. if the public or private investigating agency requests case file information the counselor must ensure that:
i. all requests for information are submitted in writing;
ii. the credentials of the investigating agency are valid and provide them with the authority to seek the subject information;
iii. a release of information form is signed and obtained.
vii. Any witness fees are assigned to the TVR account.
2. Social Security Information:
i. Confidentiality of SSA information is covered under Section 11.06 of the Social Security Act and may be disclosed only as prescribed by regulations.
ii. The act permits disclosure of all information about a claimant to TVR agencies. TVR routinely obtains information, including entitled and medical information, from SSA records.
iii. Medical information may be obtained without the claimant's consent; however, TVR may not permit access to such information, release it further (this includes other state and tribal agencies), or testify concerning it for any other purpose than the rehabilitation of the social security disability beneficiary claimant.
iv. TVR records will be available to the State's Disability Determination Service for the purpose of referral or application for social security benefits.

SECTION 14: ETHICS

A. All TVR employees will adhere to the State Executive Branch Ethics, to the extent that it does not violate the cultural rights of applicants or service recipients.
B. TVR ascribes to encourages all VR staff to follow the Code of Professional Ethics for Rehabilitation Counselors accepted by the Commission of Rehabilitation Counselor Certification.
C. Service Providers of TVR are expected to adhere to the same ethical principles in addition to any professional code of ethics that may apply to their own profession.

SECTION 15: ORDER OF SELECTION

TVR will ensure that, when resources are not adequate to serve all individuals eligible for services, the Director of TVR will implement the Order of Selection, which closes lower priority categories to ensure that individuals with the most severe disabilities are served first. This action will only occur if circumstances are such that resources to service all applicants are depleted.

Under the provisions of this policy, persons who are the most severely disabled and are determined to be eligible shall be classified in the highest priority category.

When imposed, the Order of Selection shall in no way regulate:
1. The provision or authorization of diagnostic and evaluation services; nor,
2. Services planned and authorized under an existing IPE, including minor amendments to the existing IPE and planned post employment services.

The individual shall be furnished notice at anytime they are classified into a higher or lower priority category. The individual may request consideration for reclassification at any time.

A. Classification:
1. Any individual of TVR shall, upon determination of eligibility, be placed in a priority category.
2. An individual shall be classified in the highest priority category for which the individual is qualified.
3. The priority category and the rationale for the priority category must appear in the case record.
4. The priority category placement and rationale shall be consistent with the case file contents.

B. Order of Selection Categories:
1. Priority Category I - Most Severely Disabled:
a. An eligible individual shall be classified in this category if determined by TVR to be an individual with a most severe disability.
b. An individual with a most severe disability is one:
i. who has a severe physical or mental impairment which seriously limits two or more areas of functional limitation (mobility; motor skills/dexterity coordination; self care; self direction; work skills; interpersonal skills; communication; and work tolerance) in terms of an employment outcome; and
ii. whose VR can be expected to require two or more core TVR services over an extended period of time, defined as six-months.
c. Core services are Physical Restoration, Mental Restoration, Training, and Counseling and Guidance. Counseling and Guidance may be considered a core service when the counseling and guidance is intensive and directed toward resolving problems which present substantial obstacles to the client obtaining, retaining or preparing for successful placement into suitable employment consistent with the vocational goal. Placement may be considered a core service when the placement services is substantial, involves counsel or employer communication, and results in actual employment of a previously unemployed client.
d. If an individual has a most severe disability(ies) and that condition arose from and impairment sustained in the line of duty while they were performing as a public safety officer; and, if the cause of such impairment was a criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, fire fighting, or related public safety activities, the individual will be served first in this category.
2. Priority Category II - Severely Disabled:
e. An eligible individual shall be classified in this category if they have been determined by TVR to be an individual with a severe disability.
f. An individual with a severe disability is one:
i. who has a severe physical or mental impairment which seriously limits one or more areas of functional limitation (mobility, motor skills/dexterity coordination, self care, self direction, work skills, interpersonal skills, communication, and work tolerance) in terms of an employment outcome, and;
ii. whose VR can be expected to require two or more core TVR services over an extended period of time, defined as six-months;
iii. who has a disability as determined by Title II or Title XVI of the Social Security Act.
b. If an individual has a severe disability(ies) and that condition arose from an impairment sustained in the line of duty while they were performing as a public safety officer; and, if the cause of such impairment was a criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, fire fighting, or related public safety activities, the individual will be served first in the category.
3. Priority Category III - Disabled:
a. An individual shall be classified in this category if they have been determined by TVR to be an individual eligible for VR services that does not meet one of the criteria above and is an individual whose disability is not severe.
b. Individuals in this category shall be served based upon their date of application for services. TVR will open this category first to January applicants. If all January applicants can be served, the TVR will open services to February applicants. This process will continue until all applicants who are eligible and on waiting lists can be served, or resources are depleted.
c. If an individual has a disability(ies) and the condition arose from an impairment sustained in the line of duty while they were performing as a public safety officer; and, if the cause of such impairment was a criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, fire fighting, or related public safety activities, the individual will be served first in this category.

TVR's form, Determination of Severe Disability, shall be completed in every case where an individual is determined eligible or has been accepted for an extended evaluation, regardless of whether the category is opened or closed.

SECTION 16: DEFINITIONS

American Indian- any person who is enrolled in a federally or state recognized tribe

Barrier - something that acts to hinder or restrict

Confidentiality - entrusted with the confidence of another

Career - a chosen pursuit; a profession or occupation

Comparable Services and Benefits - services and/or benefits that are similar or equivalent to TVR

Discrimination - action(s) based on prejudice

Eligibility - determining qualifications and/or appropriateness

Employment Outcome - with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary may determine, consistent with this act (now including seasonal, self-employment, and subsistence compensated).

Extended Evaluation - a period of 180 days to determine whether an applicant will benefit from VR services and to establish the stability of an applicant

Impediment - a hindrance or obstruction

Informed Choice - a choice based on available information and options

Individuals with Disabilities - any individual who has a physical or mental impairment, which for such individual constitutes or results in a substantial impediment to employment, and can benefit in terms of an employment outcome from VR services.

Individualized Plan for Employment - a plan to engage and/or retain a client in employment that is jointly created by the counselor, the client, and, if applicable, a guardian, advocate, or agency and that meets the special needs of the client

Integrated Setting - the most normal and least restrictive environment possible

Licensed - Official or legal permission to do or own a thing

Physical or Mental Impairment - diminished physical or mental capacity

Record of Service - otherwise called a case note, it is a description of any service provided to a consumer that assists them in achieving a successful employment outcome.
Rehabilitation - to restore to useful life through education and therapy

Restoration - to bring back into existence or use

Supported Employment - competitive work in integrated work settings for individuals with the most severe disabilities for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a severe disability. Also, who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. This also included transitional employment for persons who are individuals with the most severe disabilities due to mental illness.

Vocational - Pertaining to, providing, or undergoing training in a special skill to be pursued as a trade

Please inform the Director if there are terms and/or phrases that should be added to this list.