Purpose: The purpose is to provide vocational rehabilitation services to blind citizens of Washington state, with the goal of competitive employment outcomes. The changes to rule are necessary to:

•	Comply with revisions to the federal Rehabilitation Act of 1973 as it currently exists or is hereafter amended.
•	Comply with rule changes to chapter 74.18 RCW.

     Citation of Existing Rules Affected by this Order: Chapter 67-25 WAC. Repealed: Repeals and revises WAC series pertaining to extended evaluation due to changes in statute and establishment of a new rule "trial work experience;" and repealing of one WAC pertaining to an administrative review to match RCW and revising WAC pertaining to fair hearing to include mediation as an option. Amended: Changes definition of "blind person" to match RCW.

     Statutory Authority for Adoption: Chapter 74.18 RCW.

      Adopted under notice filed as WSR 05-03-116 on January 19, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 49, Repealed 14.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: April 4, 2005.

Ellen Drumheller

Rules Coordinator

OTS-7747.1

AMENDATORY SECTION(Amending WSR 98-23-078, filed 11/17/98, effective 12/18/98)

WAC 67-25-005   Definitions.   (1) "Act" or "the law," except when context indicates otherwise, means the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.), as amended.

     (2) "Applicant" means an individual who has submitted to the department an application or letter requesting vocational rehabilitation services in accordance with WAC 67-25-010.

     (3) "Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, Brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

     (4) "Assessment" means one or more of the following as appropriate in each case:

     (a) ((A preliminary)) An assessment to determine eligibility of an individual with a disability for vocational rehabilitation services in accordance with WAC 67-25-020;

     (b) A comprehensive ((vocational)) assessment ((of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and needs, including the need for supported employment services, in the most integrated setting possible, consistent with the individual's informed choice. The assessment will be used to determine, with the individual, the employment objective to be achieved, and a detailed plan of services needed to attain an employment outcome;

     (c) An extended evaluation, for a total period not exceeding eighteen months, if there is a question about the applicant's ability to benefit in terms of an employment outcome from vocational rehabilitation services due to severity of the disability.

     (4))), in accordance with WAC 67-25-255, to determine with the individual the employment outcome to be achieved, and a detailed plan of services needed to obtain the employment outcome;

     (c) Assignment for order of priority, in accordance with WAC 67-25-460, if the department is unable to serve all eligible individuals;

     (d) Trial work experience and extended evaluation, in accordance with WAC 67-25-065 and 67-25-070, if there is a question about the applicant's ability to benefit in terms of an employment outcome from vocational rehabilitation services due to the significance of his or her disability.

     (5) "Blind person" means a person who:

     (a) Has no vision or whose vision with corrective lenses is so limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by individuals with normal vision;

     (b) Has an eye condition of a progressive nature which may lead to blindness; or

     (c) Is blind for purposes of the business enterprise program in accordance with RCW 74.18.200.

     (6) "Client assistance program (CAP)" means a program, authorized under ((Section 112 of)) the act, which assists individuals with disabilities to receive vocational rehabilitation services by providing information and advocacy.

     (((5) "Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more vocational rehabilitation services which enable individuals with disabilities to maximize opportunities for employment, including career advancement. Services include:

     (a) Medical, psychiatric, psychological, social, and vocational services provided under one management;

     (b) Testing, fitting, or training in the use of prosthetic and orthotic devices;

     (c) Recreational therapy;

     (d) Physical and occupational therapy;

     (e) Speech, language and hearing therapy;

     (f) Psychiatric, psychological and social services, including positive behavior management;

     (g) Assessment for determining eligibility and vocational rehabilitation needs;

     (h) Rehabilitation technology;

     (i) Job development, placement, and retention services;

     (j) Evaluation or control of specific disabilities;

     (k) Assessment and training in adaptive skills of blindness;

     (l) Extended employment;

     (m) Psychosocial rehabilitation services;

     (n) Supported employment services and extended services;

     (o) Services to family members when necessary for the vocational rehabilitation of the participant;

     (p) Personal assistance services; or

     (q) Services similar to those described in (a) through (p) of this subsection.

     (6) "Competitive employment" means work that:

     (a) In the competitive labor market is performed on a full-time or part-time basis in an integrated setting; and

     (b) For which an individual is compensated at or above the minimum wage, but not less than the customary or usual wage paid by the employer for the same or similar work performed by individuals who are not disabled.

     (7) "Department of services for the blind" means the legal authority in its entirety:

     (a) "Advisory council" means the members appointed by the governor as the vocational rehabilitation advisory council.

     (b) "Department" means the agency which carries out the operations of the Washington department of services for the blind.

     (8))) (7) "Competitive employment" means work:

     (a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

     (b) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

     (8) "Customer" means any individual with a disability:

     (a) Who has been found eligible for vocational rehabilitation services from the department; and

     (b) For whom services have not been denied or terminated by the department.

     (9) "Department" means the Washington department of services for the blind.

     (10) "Director," except when the context indicates otherwise, means the director of the department of services for the blind.

     (((9) "Eligible" or "eligibility certification," when used in relation to an individual's qualification for vocational rehabilitation services, means a certification that:

     (a) The individual is legally blind or has a visual impairment which alone or combined with other disabilities results in a substantial impediment to employment; and

     (b) Vocational rehabilitation services are required for the individual to prepare for, enter, engage in, or retain gainful employment.

     (10) "Employment outcome" means entering or retaining:

     (a) Full-time or, if appropriate, part-time competitive employment (including supported employment) in the integrated labor market;

     (b) Self-employment;

     (c) Business enterprises;

     (d) Homemaking;

     (e) Farm or family work (including work for which payment is in kind rather than in cash);

     (f) Extended employment; or

     (g) Other employment consistent with the participant's abilities, capabilities, interests, and informed choice, as supported by an assessment for determining vocational rehabilitation needs in accordance with WAC 67-25-255 and 67-25-257.))

     (11) "Eligible individual" means an applicant for vocational rehabilitation services who meets eligibility requirements in accordance with WAC 67-25-030.

     (12) "Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, supported employment (WAC 67-25-436), or any other type of employment in an integrated setting, including self-employment, telecommuting, business enterprises, or business ownership, that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. This definition also includes employment as a homemaker and employment as an unpaid family worker in accordance with procedures to be established by the department for determining the applicability of these outcomes for eligible individuals.

     (13) "Employment service provider" means a program that provides directly or facilitates the provision of one or more vocational rehabilitation services, which enable individuals with disabilities to maximize opportunities for employment, including career advancement. Services include:

     (a) Medical, psychiatric, psychological, social, and vocational services provided under one management;

     (b) Testing, fitting, or training in the use of prosthetic and orthotic devices;

     (c) Recreational therapy;

     (d) Physical and occupational therapy;

     (e) Speech, language and hearing therapy;

     (f) Psychiatric, psychological and social services, including positive behavior management;

     (g) Assessment for determining eligibility and vocational rehabilitation needs;

     (h) Rehabilitation technology;

     (i) Job development, placement, and retention services;

     (j) Evaluation or control of specific disabilities;

     (k) Assessment and training in adaptive skills of blindness;

     (l) Extended employment;

     (m) Psychosocial rehabilitation services;

     (n) Supported employment services and extended services;

     (o) Services to family members when necessary for the vocational rehabilitation of the customer;

     (p) Personal assistance services; or

     (q) Services similar to those described in (a) through (p) of this subsection.

     (14) "Extended employment" means work in a nonintegrated or sheltered setting for a public or private agency or organization that provides compensation in accordance with the Fair Labor Standards Act. The department will only support extended employment as an intermediate step toward competitive employment.

     (15) "Individual with a disability" for purposes of this chapter means an individual who:

     (a) Has a physical or mental impairment which results in a substantial impediment to employment; and

     (b) Can benefit in terms of an employment outcome from vocational rehabilitation services.

     (((12) "Individual with a severe disability" means an individual:

     (a) Who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

     (b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

     (c) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs.

     (13) "Individual's representative" means a parent, guardian, family member, advocate, or other representative authorized by the participant.

     (14))) (16) "Individual's representative" means any representative chosen by an applicant or eligible individual, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

     (17) "Informed choice" means the process by which an individual receiving vocational rehabilitation services from the department makes decisions about rehabilitation goals and the services and service providers necessary to reach those goals. Informed choice places primary responsibility for action and decision making with the individual, with support of a vocational rehabilitation counselor. Individuals have a right to make informed choices relating to:

     (a) Assessment services in accordance with WAC 67-25-020, 67-25-255, and 67-25-257;

     (b) Options for developing the individualized plan for employment in accordance with WAC 67-25-260;

     (c) Vocational rehabilitation services and service providers in accordance with WAC 67-25-350; and

     (d) Employment outcome and work setting.

     (18) "Integrated setting" means a setting typically found in the community in which an individual with a disability, including those with the most ((severe)) significant disabilities in accordance with WAC 67-25-060, interact((s)) with nondisabled individuals, other than service providers, to the same extent that nondisabled individuals in comparable settings interact with other persons.

     (((15) "Legal blindness" means a physical impairment defined as:

     (a) Central visual acuity of 20/200 or less in the better eye with correcting lenses; or

     (b) A field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance of no greater than 20°.

     (16) "Medical consultant" means a physician, licensed pursuant to chapters 18.57 and 18.71 RCW, employed by the department to provide consultation to vocational rehabilitation counselors and rehabilitation teachers concerning the medical aspects of rehabilitation, usually reviewing and discussing medical problems of individual participants.

     (17) "Ophthalmic consultant" means a physician, licensed pursuant to chapters 18.57 and 18.71 RCW specializing in diseases of the eye, employed by the department to provide consultation to vocational rehabilitation counselors and rehabilitation teachers regarding procedures and prognosis relating to eye conditions.

     (18) "Participant" means any individual with a disability:

     (a) Who has applied for vocational rehabilitation services from the department; and

     (b) For whom services have not been denied or terminated by the department.

     (19) "Physical or mental impairment" means an injury, disease, or other disorder that materially reduces, or if not treated will probably result in materially reducing, mental or physical functioning. The term "physical impairment" includes legal blindness and/or visual impairment.

     (20) "Rehabilitation teacher" (RT) means an employee of the department who has responsibility to:

     (a) Provide or supervise the provision of all vocational rehabilitation services to participants with a vocational objective of homemaker; and

     (b) Provide adaptive skills of blindness assessment and training to all vocational rehabilitation participants as needed.

     (21) "Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

     (22))) (19) "Residence" or "residency" means, for purposes of this chapter, voluntarily living in the state for other than temporary reasons at the time of application.

     (((23) "Special modes of communication" means specialized media systems for individuals with disabilities including:

     (a) Interpreters, open and closed captioned videos, and use of specialized services such as telecommunication devices and relay services for individuals who are deaf or hearing impaired;

     (b) Materials in Braille, large print, or audio recordings for individuals who are blind; and

     (c) Special materials for individuals who are deaf-blind.

     (24))) (20) "Statewide workforce investment system" means a system described in section 111 (d)(2) of the Workforce Investment Act of 1998.

     (21) "Substantial impediment to employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication and other related factors) ((which impedes an individual's occupational performance, by hindering or by preventing him or her from obtaining, retaining, or preparing for)) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with ((his or her capacities and abilities)) the individual's abilities and capabilities.

     (((25) "Visual impairment" for purposes of this chapter, means a physical condition defined as follows:

     (a) Visual acuity in the best eye between 20/200 and 20/70 with correction; or

     (b) Angle of vision subtends between 20° and 30°; or

     (c) Severe functional visual problem; or

     (d) A progressive condition which ultimately will lead to a visual impairment or to legal blindness.

     (26))) (22) "Vocational rehabilitation counselor" (((VRC))) means ((an)) a qualified employee of the department who has direct responsibility for providing or supervising the provision of all ((vocational)) rehabilitation services to ((a participant)) customers.

     (((27))) (23) "Vocational rehabilitation services" means any goods or services necessary for a ((participant)) customer to achieve an employment outcome((. (See)) provided in accordance with WAC 67-25-350 ((for description and limitations.))).

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-005, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-005, filed 2/28/95, effective 3/31/95. Statutory Authority: Chapter 74.18 RCW. 91-20-010, § 67-25-005, filed 9/20/91, effective 10/21/91; 85-06-030 (Order 85-02), § 67-25-005, filed 3/1/85. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-005, filed 9/6/84; 84-01-042 (Order 83-08), § 67-25-005, filed 12/15/83. Formerly WAC 67-20-005.]

     (2) Any individual who is ((legally)) blind ((or who has a visual impairment)) seeking to obtain vocational rehabilitation services from the department shall submit a written letter or application for services to the department, or shall request vocational rehabilitation services on an intake form at a WorkSource center operated under the statewide workforce investment system.

     (3) The written letter or application for services shall be signed and dated by the individual requesting services or, if appropriate, by the individual's representative, and shall include:

     (a) The applicant's name and address;

     (b) The applicant's disability; and

     (c) The applicant's Social Security number.

     (4) The department shall not provide vocational rehabilitation services to any individual who has failed to submit a signed((,)) and dated letter or application containing the above information.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-010, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-010, filed 12/15/83. Formerly WAC 67-20-010.]

     (2) The interviewer shall:

     (a) Explain to the applicant the nature and operation of the vocational rehabilitation program as it relates to the applicant;

     (b) Specifically inform the applicant of the right to appeal any eligibility decision made by the department on his or her behalf through((: Administrative appeal in accordance with WAC 67-25-560;)) mediation and fair hearing in accordance with WAC 67-25-570((; and judicial review));

     (c) Inform the applicant of his or her right of confidentiality of information possessed by the department and conditions for its release in accordance with WAC 67-25-550;

     (d) Provide to the applicant a description of client assistance program services; and

     (e) Obtain information from the applicant necessary to determine his or her eligibility for vocational rehabilitation services in accordance with WAC 67-25-020 and 67-25-030.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-015, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-015, filed 12/15/83. Formerly WAC 67-20-015.]

     (a) The individual is ((legally)) blind ((or has a visual impairment)) as defined in WAC 67-25-005, which alone or combined with other disabilities results in a substantial impediment to employment; and

     (b) Vocational rehabilitation services are required for the ((individual)) applicant to prepare for, enter, engage in, or retain an employment outcome consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

     (2) If the department is operating under an order of priority, in accordance with WAC 67-25-460, the assessment must also include information to be used for determination of priority for service.

     (3) The ((preliminary)) assessment shall, to the maximum extent possible, be based on a review of existing data in accordance with confidentiality requirements in WAC 67-25-550. The assessment shall, where appropriate, include information provided by the ((individual)) applicant or the ((individual's)) applicant's family, education records, information used by the Social Security Administration, ((and)) determinations made by other agencies, and observations of the vocational rehabilitation counselor and other appropriate staff members.

     (((3))) (4) To the extent existing data do not describe the current functioning of the individual or are unavailable, insufficient, or inappropriate to make an eligibility determination, the assessment may include provision of vocational rehabilitation services necessary to determine whether the ((individual)) applicant is eligible. Services provided for this purpose may include trial work experience or extended evaluation in accordance with WAC 67-25-065 and 67-25-070. The department will provide assistance to the applicant, if necessary, to assure that the applicant is prepared to make an informed choice in the selection of services needed to make an eligibility decision.

     (((4))) (5) The ((preliminary)) assessment must include an appraisal of the current visual condition and prognosis of the applicant based on ophthalmological or optometric findings.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-020, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-020, filed 12/15/83. Formerly WAC 67-20-020.]

     (a) The department notifies the individual that)), exceptional and unforeseen circumstances beyond the control of the department preclude completion of the determination within sixty days, ((and the individual agrees that an extension of time is warranted; or

     (b) An extended evaluation as described in WAC 67-25-070 is required to determine eligibility)) in which case, the department will notify the applicant.

     (2) The ((department shall utilize results of the preliminary assessment and)) applicant must agree to an extension of eligibility determination or, must agree to participate in trial work experience or extended evaluation (((if required) to determine)) in accordance with WAC 67-25-065 and 67-25-070. If the applicant does not agree to an extension of the eligibility determination or does not agree to participate in trial work experience or extended evaluation, the applicant will be determined ineligible for vocational rehabilitation services and the case service record will be closed in accordance with WAC 67-25-055.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-025, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-025, filed 12/15/83. Formerly WAC 67-20-025.]

     (a) The individual is ((legally)) blind ((or has a visual impairment)), as defined in WAC 67-25-005((, which));

     (b) The blindness alone or combined with other disabilities constitutes or results in a substantial impediment to employment; and

     (((b))) (c) Vocational rehabilitation services are required for the individual to prepare for, enter, engage in, or retain an employment outcome consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

     (2) Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act and meets the criteria in subsection (1)(a) of this section is presumed eligible for vocational rehabilitation services and is considered to be an individual with a significant disability as defined in WAC 67-25-060.

     (3) If an individual is blind, and the individual's disability results in a substantial impediment to employment, it shall be presumed that ((an)) the individual ((with a disability)) can benefit in terms of an employment outcome from vocational rehabilitation services, unless, the department can demonstrate by clear and convincing evidence, in accordance with WAC 67-25-065, that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the ((severity)) significance of his or her disability.

     (((3))) (4) Eligibility requirements are applied without regard to the race, color, sex, religion, national origin, creed, marital status, or age of the applicant.

     (((4))) (5) No individual or group of individuals shall be found ineligible solely on the basis of the type of disability.

     (((5))) (6) No individual shall be found ineligible based on requirements for duration of residence.

     (((6))) (7) No individual shall be found ineligible solely on the basis of lack of U.S. citizenship. However, before the department will pay for vocational rehabilitation services, including assessment services, the applicant must provide copies of documents requested by the department that verify his or her immigration and naturalization status, and verify his or her identity. If the applicant is not a United States citizen, his or her legal work status must also be verified. The department will provide services, including assessment services, only to applicants who meet at least one of the following conditions: United States citizenship; permanent residency status in the United States; or when a valid work permit has been issued.

     (((7))) (8) Eligibility requirements are applied without regard to the particular service needs or anticipated cost of services required by an applicant or the income level of an applicant or applicant's family.

     (((8))) (9) An individual who is blind or who has a visual ((problem)) disability which does not result in an impediment to employment, but who may have other disabilities which might result in impediments to employment, may be referred to other service providers or may be provided services through a cooperative plan with other service providers, such as, division of vocational rehabilitation, division of developmental disabilities, and WorkSource centers established under the statewide workforce investment system.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-030, filed 2/28/95, effective 3/31/95. Statutory Authority: Chapter 74.18 RCW. 91-20-010, § 67-25-030, filed 9/20/91, effective 10/21/91. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-030, filed 12/15/83. Formerly WAC 67-20-030.]

     (2) If the individual is determined ineligible for vocational rehabilitation services, there shall be a certification of ineligibility which shall be dated and signed by the vocational rehabilitation counselor or other appropriate staff member)).

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-050, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-050, filed 12/15/83. Formerly WAC 67-20-050.]

     (2) The ((individual)) applicant shall be advised of the right to appeal any eligibility decision made by the department ((on his or her behalf)) concerning the applicant including: The procedure ((for administrative review in accordance with WAC 67-25-560;)) to request mediation and fair hearing in accordance with WAC 67-25-570; and ((judicial review.)) a description of client assistance program services ((shall also be provided)).

     (3) If ((the)) an applicant is determined ineligible for vocational rehabilitation services, the notice shall clearly specify how he or she failed to meet the eligibility criteria set forth in WAC 67-25-030.

     (4) If the applicant is determined eligible for vocational rehabilitation services, the notice shall clearly specify the date of eligibility certification.

     (5) If the vocational rehabilitation counselor determines that an applicant is not eligible for vocational rehabilitation services, the rehabilitation counselor will provide the individual with information and referral to other agencies or organizations that may provide services to meet the individual's employment related needs.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-055, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-055, filed 12/15/83. Formerly WAC 67-20-055.]

     (a) The individual has refused the review;

     (b) The individual is no longer present in the state; or

     (c) His or her whereabouts are unknown.

     (2) ((Ineligibility determinations not requiring a review shall include a clear statement as to why the case does not require a review.

     (3) If services have been provided under an individualized written rehabilitation program, in accordance with WAC 67-25-260, a determination of ineligibility based on evidence that the individual is incapable of achieving an employment outcome, in accordance with WAC 67-25-280, shall be reviewed annually if requested by the individual, or if appropriate, the individual's representative.

     (4))) The individual, or if appropriate, the individual's representative, shall be given an opportunity to participate in any review and reconsideration of eligibility.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-056, filed 2/28/95, effective 3/31/95.]

     (a) Who has a severe physical or mental disability which seriously limits his((/)) or her functional capacities (mobility, communication, self-care, self-direction, work tolerance or work skills) in terms of ((employability)) achieving an employment outcome; ((and

     (2))) (b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

     (((3))) (c) Who has one or more physical or mental disabilities resulting from amputation, arthritis, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorder, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia and end-stage renal disease, or other disability or combination of disabilities determined on the basis of an ((evaluation)) assessment of rehabilitation ((potential)) needs to cause comparable substantial functional limitation.

     (2) An individual with a most significant disability is an individual:

     (a) Who has three or more functional limitations (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) related to employment; and

     (b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time.

[Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-060, filed 12/15/83. Formerly WAC 67-20-060.]

     (2) Trial work experience will be provided for a customer in an individualized plan for employment, if necessary, to assess his or her capability to continue benefiting, in terms of an employment outcome, from vocational rehabilitation services due to the significance of his or her disability.

     (3) Trial work experience allows the individual to explore his or her abilities, capabilities, and capacities to perform in a realistic work situation, while addressing identified barriers to employment through the provision of appropriate vocational rehabilitation services, including supported employment, on-the-job training, rehabilitation technology and personal assistance services in order to accommodate the rehabilitation needs of the individual during the trial work experience.

     (4) A written plan, including periodic assessments, must be developed to determine the individual's abilities, capabilities, and capacities, to perform in work situations through use of trial work experiences. The individualized plan for employment, developed in accordance with WAC 67-25-260, must be inactivated while the individual is involved in the trial work experience.

     (5) Trial work experience may take place more than once and may extend as long as necessary to determine that:

     (a) There is sufficient evidence that the individual can benefit from vocational rehabilitation services and achieve an employment outcome, and is eligible to receive or to continue to receive vocational rehabilitation services; or

     (b) There is clear and convincing evidence (a high degree of certainty) based on functional and situational assessments, that the individual cannot benefit from vocational rehabilitation services and achieve an employment outcome, due to the significance of his or her disability, and is not eligible or no longer eligible for vocational rehabilitation services.

     (6) If a trial work experience is provided, it must occur in a variety of work environments, include an appropriate range of tasks, must occur in the most integrated settings possible and be consistent with the individual's informed choice and rehabilitation needs.

[]

     (3) Extended evaluation shall be terminated when the department has sufficient information to make the eligibility or continuing eligibility decision.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-070, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-070, filed 12/15/83. Formerly WAC 67-20-070.]

     (3) The participant shall be advised of the right to appeal any decision made by the department on his or her behalf, including: The procedure for administrative review)). A copy will be given to the individual with information regarding appeal rights, in accordance with WAC ((67-25-560; fair hearing in accordance with WAC)) 67-25-570((;)), and ((judicial review. A description of)) information about the client assistance program ((services shall also be provided)) (CAP).

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-077, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-077, filed 12/15/83. Formerly WAC 67-20-077.]

     (2) The comprehensive assessment must be limited to information necessary to identify the rehabilitation needs and develop the ((rehabilitation program)) individualized plan for employment with the individual, and may, if necessary, include:

     (a) A comprehensive analysis of pertinent medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors affecting the employment and rehabilitation needs of the individual;

     (b) An analysis of the individual's personality, interests, interpersonal skills, intelligence and related functions, educational achievements, work experience, vocational aptitudes, personal ((and social)), cultural, environmental, and recreational adjustments, and employment opportunities;

     (c) ((An appraisal of the individual's patterns of)) Work in a real job situation or use of other available data to evaluate or develop work behaviors and capacities necessary to achieve an employment outcome. This includes an appraisal of the customer's pattern of work behaviors and identification of services needed to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job performance;

     (d) Assessment of the need for the provision of rehabilitation technology ((services to an individual with a disability)) to develop the capacities of the individual to perform in a work environment, including in an integrated setting, to the maximum extent feasible((;)), consistent with the individual's informed choice.

     (3) ((The comprehensive assessment shall, to the maximum extent possible and appropriate, be based on existing information provided by the individual and by the individual's family in accordance with confidentiality requirements.)) Information pertaining to conditions or circumstances, such as criminal record, INS identity and work status that restricts the type of employment the customer can legally perform must be disclosed to the department prior to development of the individualized plan for employment.

     (4) If a customer desires an employment outcome in a field that customarily requires a background check as a condition of employment, the department must obtain a criminal history background check verifying that the customer is not excluded from employment in the field or specific job prior to development of the individualized plan for employment.

     (5) If the department becomes aware of a condition or circumstance that may affect the customer's ability to achieve an employment outcome after the individualized plan for employment has been developed, the vocational rehabilitation counselor will conduct necessary assessment services, including trial work experience or extended evaluation, in accordance with WAC 67-25-065 and 67-25-070, to determine whether the customer is capable of achieving the employment outcome identified in the individualized plan for employment.

     (6) If a customer declines to authorize the release of information or to participate in vocational rehabilitation services necessary to collect pertinent information for development of an appropriate individualized plan for employment, the vocational rehabilitation counselor will close the case service record.

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-255, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-255, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-255, filed 12/15/83. Formerly WAC 67-20-255.]

     (2) Adaptive skills of blindness assessment include, as appropriate in each case:

     (a) Communications, including braille and keyboarding;

     (b) Personal management;

     (c) Orientation and mobility;

     (d) Home management;

     (e) Activities of daily living;

     (f) Personal adjustment to blindness, and((/or)) if applicable, adjustment to other disabilities;

     (g) Ability to benefit from rehabilitation technology; and

     (h) Use of residual vision and ability to benefit from low vision devices and related training.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-257, filed 2/28/95, effective 3/31/95. Statutory Authority: Chapter 74.18 RCW. 85-06-030 (Order 85-02), § 67-25-257, filed 3/1/85.]

     (6) The individualized plan for employment shall be designed to achieve the employment ((objective)) outcome of the ((participant)) customer consistent with the unique strengths, resources, priorities, concerns, abilities, ((and)) capabilities, and interests of the individual. To the extent possible, consistent with the informed choice of the individual, the ((program)) plan shall include placement in an integrated setting.

     (((2))) (7) The ((program)) plan shall include:

     (a) The individual's long-term ((vocational goal)) employment outcome based on the assessment for determining vocational rehabilitation needs and the career interests of the individual;

     (b) Specific and measurable intermediate rehabilitation objectives to achieve the ((vocational goal)) employment outcome, based on the assessment for determining vocational rehabilitation needs;

     (c) Specific vocational rehabilitation services to be provided to achieve the intermediate rehabilitation objectives;

     (d) Projected initiation dates and the anticipated duration of each service;

     (e) Objective criteria, and an evaluation procedure and schedule to determine whether goals and objectives are being achieved;

     (f) The views of the individual, in the words of the individual, or, as appropriate, in the words of the individual's representative, describing how he or she was informed about and involved in choosing among alternative goals, objectives, services, providers, and methods used to procure or provide services, including alternatives in integrated settings;

     (g) How, to the maximum extent possible, information will be provided to the individual, or if appropriate, to the individual's representative, in his or her native language ((or)) if necessary, and using ((special)) appropriate modes of communication;

     (h) Terms and conditions for provision of vocational rehabilitation services, including:

     (i) Responsibilities ((of the individual in implementing the program)) the customer has agreed to, including steps the customer will take to achieve the employment outcome, and services the customer agrees to apply for and use that are available at no cost from another program;

     (ii) The extent to which goods and services shall be provided in integrated settings, consistent with the informed choices of the individual;

     (iii) The extent to which comparable services and benefits, in accordance with WAC 67-25-360, are available to the individual under any other program;

     (iv) The entity or entities that will provide services and the process and setting to be used to provide or procure services;

     (((i))) (v) Assessment of the ((expected)) need for post-employment services ((and, if appropriate, extended services, including provision for reassessment of these needs)), in accordance with WAC 67-25-444, prior to closing the ((individual's successful rehabilitation)) case service record, of a customer who has achieved an employment outcome and, if appropriate, a statement of how post-employment services are to be arranged or provided using comparable services and benefits, in accordance with WAC 67-25-360;

     (((j))) (vi) Information regarding the right to appeal any decision made by the department on behalf of the individual ((by the department)) including the procedure for ((administrative review)) mediation, fair hearing, and judicial review, in accordance with WAC 67-25-570;

     (((k))) (vii) A description of client assistance program services; and

     (((l))) (viii) The basis on which the individual is determined to have achieved an employment outcome.

     (8) An individualized plan for employment that includes a supported employment outcome, in accordance with WAC 67-25-436 must also document:

     (a) The supported employment services to be provided by the department;

     (b) Extended services or natural supports that are likely to be needed;

     (c) The source of extended services or, to the extent that it is not possible to identify the source of extended services when the plan is developed, a description of the basis for concluding that there is a reasonable expectation that those sources will become available;

     (d) A goal for the number of hours per week the customer is expected to work and a plan to monitor the customer's progress toward meeting that expectation;

     (e) A description of how the services on the individualized plan for employment are to be coordinated with other individualized plans established under other federal or state services;

     (f) If job skills training is provided, the individualized plan for employment must reflect that the training is provided on-site; and

     (g) Placement in an integrated setting for the maximum number of hours possible based on the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the customer.

     (9) Transition students who are determined eligible for vocational rehabilitation services must have an individualized plan for employment prior to leaving school. An individualized plan for employment for a transition student who is receiving special education services should be coordinated, to the extent possible, with the individualized education plan of the individual in terms of identified goals, objectives, and services.

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-260, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-260, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-260, filed 12/15/83. Formerly WAC 67-20-260.]

     (a) ((The participant, or as appropriate, the participant's representative; and)) Independently, without any assistance from the department or another entity;

     (b) ((The)) With assistance from a vocational rehabilitation counselor ((or other appropriate staff members)) employed by the department;

     (c) With assistance from a vocational rehabilitation counselor who is not employed by the department but who meets the minimum qualifications for a vocational rehabilitation counselor as established by the department; and

     (d) Other resources such as a representative, family member, advocate, or other individual.

     (2) ((Participants must take an active role in their own rehabilitation programs, including making meaningful and informed choices about the selection of vocational goals, intermediate objectives, the vocational rehabilitation services they receive, service providers, and methods of procuring services.)) The department shall provide, as appropriate to each customer, information to assist the individual or the individual's representative in developing the individualized plan for employment, including:

     (a) Information describing the full range of components that must be included in an individualized plan for employment;

     (b) Information on assistance available for completing required forms; and

     (c) Additional information that the customer requests or the department determines to be necessary for development of the individualized plan for employment.

     (3) The department will provide assistance to customers who choose to develop their individualized plan for employment with someone other than a department vocational rehabilitation counselor, and will identify individuals, to the extent possible, who may be of help in that process. However, the department will not pay fees or other expenses associated with obtaining assistance from such individuals.

     (4) Substantive changes to the ((IWRP)) individualized plan for employment must ((also)) be jointly made and agreed upon by the ((participant)) customer and ((staff members)) the department vocational rehabilitation counselor.

     (((4))) (5) A copy of the individualized ((written rehabilitation program)) plan for employment and copies of any revisions and ((addendums)) amendments shall be provided ((in)), using appropriate ((alternative format, in the individual's native language)) modes of communication, to the ((participant)) customer or, as appropriate, to the individual's representative.

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-270, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-270, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-270, filed 12/15/83. Formerly WAC 67-20-270.]

     (2) ((The)) Services shall be modified as needed and incorporated into the ((program)) plan.

     (3) If ((the vocational objective of the participant changes)) it is determined that the employment outcome of the customer will be changed, the new ((program)) plan shall not take effect until agreed upon and signed by the ((participant)) customer, or if appropriate, the individual's representative, and the vocational rehabilitation counselor.

     (4) If a ((participant's)) customer's vision is restored so that he or she is not ((legally)) blind ((or has no visual impairment, and)), as defined in WAC 67-25-005, further services shall be limited to those identified in an assessment of vocational rehabilitation service needs in accordance with WAC 67-25-255. If ((he or she)) the customer has ((no)) other ((disability)) disabilities, which result((s)) in an impediment to employment, ((further services shall be limited to those already identified in)) the ((individualized written rehabilitation program)) individual will be referred to the appropriate organization for assistance.

     (5) The individualized plan for employment review may be conducted with a qualified vocational rehabilitation counselor who is not employed by the department. However, in such cases, the department vocational rehabilitation counselor shall have final signature authority on the review and any changes to the plan.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-275, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-275, filed 12/15/83. Formerly WAC 67-20-275.]

     (2) A decision to terminate the ((program)) plan shall only be made with participation of the ((individual)) customer, or as appropriate, the individual's representative.

     (3) The views of the ((individual)) customer, or the individual's representative, concerning the decision shall be documented in the ((program)) plan.

     (4) Rationale for the decision must be documented as part of the ((program)) plan including any assessment results from a trial work experience or extended evaluation in accordance with WAC 67-25-065 and 67-25-070.

     (5) When ((an individual)) a customer is determined ineligible for vocational rehabilitation services, there shall be a ((certification,)) written notification dated and signed by the vocational rehabilitation counselor ((or other appropriate staff member,)) placed in the ((individual's file)) customer's case service record, and a copy shall be provided to the customer or to the individual's representative.

     (6) The ((participant)) customer shall be notified of the opportunity for review and reconsideration of the decision ((within twelve months)) in accordance with WAC 67-25-056.

     (7) The individual will be provided with a description of services and a referral to other programs available from the statewide workforce investment system, including information about services available at a local WorkSource center, that may address the individual's training or employment related needs, and will be referred to local extended employment providers if the ineligibility determination is based on a finding that the individual is incapable of achieving an employment outcome.

     (8) Upon termination, the customer, or as appropriate, the individual's representative, will be informed in writing, using appropriate modes of communication and the individual's native language if necessary, of the right to appeal any eligibility decision made by the department on his or her behalf through mediation and fair hearing in accordance with WAC 67-25-570. The customer shall also be provided information on services available from the client assistance program.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-280, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-280, filed 12/15/83. Formerly WAC 67-20-280.]

     (a) Has died;

     (b) Cannot be located by the department after reasonable efforts to do so;

     (c) Has been institutionalized under circumstances which preclude provision of services for a substantial or indefinite period of time;

     (d) Has moved to another jurisdiction and the department is unable to continue provision of services;

     (e) Declines to accept or utilize vocational rehabilitation services after reasonable efforts have been made to encourage participation.

     (2) A decision to terminate services for any reason described in subsection (1) of this section does not require a review and reconsideration ((within)) after twelve months pursuant to WAC 67-25-056.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-284, filed 2/28/95, effective 3/31/95.]

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-325, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-325, filed 9/6/84; 84-01-042 (Order 83-08), § 67-25-325, filed 12/15/83. Formerly WAC 67-20-325.]

     (1) Assessment ((to determine the individual's skills, abilities, interests, priorities,)) for determining eligibility in accordance with WAC 67-25-020, and order of priority for services in accordance with WAC 67-25-460;

     (2) Assessment for determining vocational rehabilitation needs((, and how these relate to selection of meaningful employment)) in accordance with WAC 67-25-255 and 67-25-257;

     (((2))) (3) Vocational rehabilitation counseling and guidance including information and support services to assist an individual in exercising informed choice in accordance with WAC 67-25-380;

     (((3))) (4) Referral and related services to help ((participants)) the individual secure needed services from other agencies, including other partners in the statewide workforce investment system and referral to the client assistance program;

     (((4))) (5) Physical and mental restoration services in accordance with WAC 67-25-384;

     (((5))) (6) Vocational and other training in accordance with WAC 67-25-388, 67-25-390, 67-25-394, 67-25-396, and 67-25-398, subject to limitations in WAC 67-25-360;

     (((6))) (7) Maintenance related to the provision of vocational rehabilitation services in accordance with WAC 67-25-400;

     (((7))) (8) Transportation ((in connection with)) related to the provision of vocational rehabilitation services in accordance with WAC 67-25-404;

     (((8))) (9) Services to family members in accordance with WAC 67-25-408;

     (((9))) (10) Interpreter and ((note-taking)) translation services ((for individuals who are deaf and tactile interpreting services for individuals who are deaf-blind)) in accordance with WAC 67-25-412;

     (((10))) (11) Reader((/driver)) services in accordance with WAC 67-25-408;

     (((11))) (12) Assessment and training in adaptive skills of blindness in accordance with WAC 67-25-257 and 67-25-398;

     (((12) Recruitment and training services to develop new employment opportunities in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other public service employment in accordance with WAC 67-25-440;))

     (13) Job search and placement assistance, and job retention services in accordance with WAC 67-25-440;

     (14) Supported employment services in accordance with WAC 67-25-436;

     (15) Personal assistance services, including training in managing, supervising, and directing these services in accordance with WAC 67-25-418;

     (16) Post-employment services in accordance with WAC 67-25-444;

     (17) Occupational licenses, tools, equipment, initial stocks, and supplies in accordance with WAC 67-25-448;

     (18) Rehabilitation technology and telecommunications services in accordance with WAC 67-25-448;

     (19) Transition services for students in accordance with WAC 67-25-399;

     (20) Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; and

     (21) Other goods and services necessary for the ((participant)) customer to achieve an employment outcome in accordance with WAC 67-25-452.

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-350, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-350, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-350, filed 12/15/83. Formerly WAC 67-20-350.]

     (2) Comparable services and benefits include((s)) any financial or other resource for which a ((participant)) customer is legally qualified, or entitled, or meets the criteria for obtaining without undue contingencies. The resource must be an organized, ongoing form of service provision or financial assistance, whether public or private. It must be free or may require a deductible, co-insurance feature, token payment or personal claim.

     (3) ((Participants)) Customers are required to apply for and accept comparable services and benefits which they are entitled to receive before vocational rehabilitation funds can be expended, except as provided in subsections (5) and (6) of this section.

     (4) The vocational rehabilitation counselor((s and rehabilitation teachers have)) has an obligation to inform ((participants)) customers of known sources for comparable services and benefits and shall assist with application for these services when necessary.

     (5) The following services are provided without consideration of comparable services and benefits:

     (a) Assessment in accordance with WAC 67-25-020, 67-25-055 and 67-25-057;

     (b) Counseling and guidance in accordance with WAC 67-25-380;

     (c) Referral;

     (d) ((Vocational and other)) Training services including ((personal and vocational adjustment)) work skills building and work readiness training, books, and other training materials((, except that no training in institutions of higher education (universities, colleges, community colleges, vocational schools, technical institutes, or hospital schools of nursing) shall be paid for with vocational rehabilitation funds unless maximum efforts have been made to secure grant assistance, in whole or in part, from other sources to pay for training)) in accordance with WAC 67-25-388, 67-25-394, 67-25-396, 67-25-398;

     (e) Placement services in accordance with WAC 67-25-440;

     (f) Rehabilitation technology services in accordance with WAC 67-25-448;

     (g) Services listed in (a) through (f) of this subsection as post-employment services in accordance with WAC 67-25-444.

     (6) Determination of comparable services and benefits shall not be required if:

     (a) Utilization of such a service would delay provision of vocational rehabilitation services to an individual determined to be at extreme medical risk, based on medical evidence provided by ((an appropriate,)) a qualified medical professional, indicating a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously; or

     (b) An immediate job placement would be lost due to a delay resulting from utilization of comparable services and benefits.

     (7) The following services may be provided only after consideration of comparable services and benefits:

     (a) Physical and mental restoration services in accordance with WAC 67-25-384;

     (b) Maintenance in accordance with WAC 67-25-400;

     (c) Transportation in accordance with WAC 67-25-404;

     (d) Services to family members in accordance with WAC 67-25-408;

     (e) Interpreter and ((note-taking services for individuals who are deaf and tactile interpreting services for individuals who are deaf-blind)) translation services in accordance with WAC 67-25-412;

     (f) Reader services in accordance with WAC 67-25-416;

     (g) Training at institutions of higher education in accordance with WAC 67-25-388 and 67-25-390;

     (h) Supported employment services in accordance with WAC 67-25-436;

     (i) Personal assistance services in accordance with WAC 67-25-418;

     (j) Post-employment services, in accordance with WAC 67-25-444, except as specified in subsection (5) of this section;

     (k) Occupational licenses, tools, equipment, initial stocks and supplies in accordance with WAC 67-25-448;

     (l) Transition services for students in accordance with WAC 67-25-299;

     (m) Other goods and services not specified in this section.

     (8) Consideration of comparable services and benefits shall be documented in the ((participant's)) customer's case services record ((of services. Documentation)) and shall include sources of assistance considered, whether the ((participant)) customer applied, acceptable reasons for failure to apply, outcome of application, and basis for the decision to expend vocational rehabilitation funds for services described in subsection (7) of this section.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-360, filed 2/28/95, effective 3/31/95. Statutory Authority: Chapter 74.18 RCW. 85-18-046 (Order 85-10), § 67-25-360, filed 8/30/85. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-360, filed 9/6/84.]

     (2))) Counseling and guidance services, based on needs of the ((participant)) individual, shall be available throughout all phases of the rehabilitation process to assist the participant with:

     (a) Adjustment to blindness and other disabilities; understanding the importance of developing and using adaptive skills of blindness; and, identifying strategies to overcome negative social attitudes regarding disability;

     (b) Identifying his or her unique strengths, resources, priorities, concerns, abilities, and capabilities related to planning for and achieving an employment outcome;

     (c) Identifying and overcoming potential barriers to achieving an employment outcome including ((impairment)) disability-related, personal, and social factors;

     (d) Selecting ((a vocational goal)) an employment outcome consistent with his or her abilities, capabilities, and interests;

     (e) Obtaining and utilizing resource information to make meaningful and informed choices regarding selection of vocational rehabilitation goals, objectives, services, and providers;

     (f) Overcoming potential barriers and achieving an employment outcome through development of skills such as: Study and work habits; grooming; management of finances; preparation for job interviews and tests; self-advocacy; and effective interpersonal relationships.

     (((3))) (2) Counseling and guidance services may also be provided to:

     (a) Assist family members to effectively participate in the rehabilitation process;

     (b) Assist prospective employers to develop positive attitudes regarding hiring and accommodating individuals who are blind ((or visually impaired)).

     (((4))) (3) Counseling and guidance shall be provided without consideration of comparable services and benefits ((pursuant to)) in accordance with WAC 67-25-360.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-380, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-380, filed 12/15/83. Formerly WAC 67-20-380.]

     (2) All authorized physical and mental restoration services shall be provided by qualified ((physicians, dentists, or other health professionals licensed in the state)).

     (3) When receiving physical and mental restoration services, the ((participant)) customer may choose the physician or other health professional and appropriate facilities ((from those licensed in the state)). Service providers and facilities ((may, but are not required to,)) should, to the maximum extent appropriate, be selected from those who will accept reimbursement in accordance with the Washington State Department of ((Social)) Labor and ((Health Services)) Industries Schedule of Maximum Allowances and Program Descriptions.

     (4) Physical and mental restoration services may be provided to ((a participant)) an applicant or customer during ((extended evaluation)) trial work experience or extended evaluation, in accordance with WAC 67-25-065 and 67-25-070, if it is necessary to stabilize or halt progression of a chronic illness for purposes of determining eligibility or continued eligibility.

     (5) Physical and mental restoration services include but are not limited to:

     (a) Surgical and therapeutic treatment;

     (b) Diagnosis and treatment for mental or emotional disorders;

     (c) Dental treatment;

     (d) Nursing services;

     (e) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;

     (f) Convalescent or nursing home care;

     (g) Drugs and supplies;

     (h) Prosthetic, ((orthoptic)) orthopedic or other assistive devices;

     (i) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by qualified medical practitioners;

     (j) Podiatry;

     (k) Physical therapy;

     (l) Occupational therapy((;

     (m) Medical or medically-related social work services;

     (n) Speech or hearing therapy;

     (o) Special services for the treatment of individuals with end-stage renal disease, including transplantation and dialysis, artificial kidneys, and supplies;

     (p) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment)).

     (6) Physical and mental restoration services shall be provided only after consideration of comparable services and benefits except as specified in WAC 67-25-360.

[Statutory Authority: Chapter 74.18 RCW. 98-23-078, § 67-25-384, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-384, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-01-042 (Order 83-08), § 67-25-384, filed 12/15/83. Formerly WAC 67-20-384.]

     (2) Article IX of the Washington state Constitution forbids use of public funds to assist an individual in the pursuit of a career or degree in theology or related areas.

     (3) Programs or schools used to provide training shall ((generally)) be limited to those which are accredited, licensed, or approved either by a legal authority, or are recognized as adequate by the professional or trade group with which they are associated.

     (4) The department may provide books, tools and other training materials and shall periodically establish guidelines for determining the provision of these services.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-388, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-388, filed 9/6/84; 84-01-042 (Order 83-08), § 67-25-388, filed 12/15/83. Formerly WAC 67-20-388.]

     (2) No training or training services in institutions of higher education shall be ((funded in accordance with WAC 67-25-360)) paid for with vocational rehabilitation funds unless the customer has applied for financial aid and other grant assistance from other sources to pay for the training in whole or in part. If the customer has applied for financial aid and is waiting for the results, and denial of training funds by the department would result in interruption or delay of the progress of the customer toward achieving his or her employment outcome, the vocational rehabilitation counselor may pay training costs on an interim basis until the results of the financial aid application is known.

     (3) ((Participants)) A customer may attend private or out-of-state institutions of higher education in preparation for an employment outcome; however, financial assistance shall be limited to the tuition amount at the University of Washington or the actual cost, whichever is less. Exceptions may be made when required training is not available, or if other significant factors preclude the ((participant)) customer from attending an available training program at a public institution of higher education in the state.

     (4) The department may provide financial assistance to a ((participant)) customer wishing to obtain a post-graduate degree when the training is necessary to achieve the individual's employment ((objective)) outcome. However, financial assistance shall not be provided to a ((participant)) customer pursuing a graduate program for the sole purpose of achieving upward mobility unless it can be determined that the customer is not currently employed in work that is consistent with his or her unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and the individual requires vocational rehabilitation services to prepare for, secure, retain, or regain employment of this nature.

     (5) A ((participant)) customer receiving training at an institution of higher education must meet established scholastic standards required by the program ((of his or her choice)). If the ((participant's)) customer's grades fall below minimum standards, it shall be necessary, through assessment, counseling, and planning with the ((participant)) customer, to revise the individualized ((written rehabilitation program)) plan for employment including the possible selection of a new employment ((objective)) outcome.

[Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-390, filed 2/28/95, effective 3/31/95. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-390, filed 9/6/84; 84-01-042 (Order 83-08), § 67-25-390, filed 12/15/83. Formerly WAC 67-20-390.]

     (2) OJT services shall be provided as a program of organized training resulting in employment of the customer, giving ((a participant)) the individual the opportunity to learn an occupation under actual conditions of commercial, industrial, or other on-the-job employment. The department will pay for the training costs, and the employer is responsible for costs related to employment.

     (3) OJT services shall be provided to a ((participant)) customer only when the vocational rehabilitation counselor establishes that the following conditions have been ((or shall be)) met:

     (a) The training program has been prepared in advance and outlined in detail;

     (b) The ((participant's)) customer's training will follow a definite schedule of specified operations, instructions, and practices which will insure well-rounded preparation for the ((participant's)) customer's selected occupation;

     (c) A mutual understanding has been reached between the trainee -- ((participant)) customer, the trainer -- employment training provider, and the vocational rehabilitation counselor regarding the ((participant's)) customer's employment training plan including: Length of the training period; financial arrangements; and operations and skills to be learned;

     (d) The employer agrees to closely supervise the ((participant's)) customer's work and shall submit regular reports on the ((participant's)) customer's progress and performance to the vocational rehabilitation counselor;

     (e) The training program meets any requirements for licensing in the trade or occupation in which the ((participant)) customer is to be employed;

     (f) The employment training program for the ((participant)) customer is acceptable to other employees of the training provider.

     (4) A business or industrial establishment utilized by the department to provide OJT services shall:

     (a) Have personnel qualified with appropriate knowledge, skills, and personality to provide instruction;

     (b) Have sufficiently diversified operations and adequate, suitable materials and equipment to insure a trainee thorough preparations and training within the scope and limits of his or her occupational objective;

     (c) Ensure that training ((VR participants)) vocational rehabilitation customers is only incidental to the business activity of the facility;

     (d) Ensure that the training program shall be consistent with the informed choice of the customer, and designed to assist him or her to achieve an employment outcome in an integrated setting.