Chapter 388-891A WAC

Last Update: 12/6/18

VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WITH DISABILITIES

(Formerly chapter 388-890 WAC (part) and 388-891 WAC)

WAC Sections

PURPOSE
388-891A-0005What is the purpose of this chapter?
DEFINITIONS
388-891A-0010What definitions apply to this chapter?
PROTECTION AND USE OF CONFIDENTIAL INFORMATION
388-891A-0100What personal information about me does DVR keep on file?
388-891A-0102How long will DVR retain my personal information?
388-891A-0103May DVR obtain personal information about me?
388-891A-0104What happens if my personal information is lost, stolen, or released in error?
388-891A-0110What happens if DVR receives information that indicates I have a history of violent or predatory acts?
388-891A-0120May I ask DVR to change incorrect information in my case service record?
388-891A-0130May DVR share personal information in my case service record with others?
388-891A-0135How does DVR protect personal information about substance abuse, HIV/AIDS, and sexually transmitted diseases?
388-891A-0140May I review or obtain copies of information in my case service record?
388-891A-0150How does DVR protect personal information that is released for audit, evaluation, reporting, or research?
APPEAL RIGHTS
388-891A-0200May a guardian or another representative request an exception to a rule, mediation, or fair hearing on my behalf with DVR?
388-891A-0205How do I ask for an exception to a rule in this chapter?
388-891A-0206Are there exceptions to rules in this chapter that DVR will not grant?
388-891A-0210What happens after I submit a request for an exception to a rule?
388-891A-0211What does a DVR counselor do when they make a decision to deny my request for VR services, reasonable accommodation, or any other request that affects my participation in VR program services?
388-891A-0215What may I do if a DVR counselor makes a decision about my VR services that I do not agree with?
388-891A-0220What is the client assistance program (CAP)?
388-891A-0225What is mediation?
388-891A-0230When may I ask for mediation?
388-891A-0235Who arranges and pays for mediation?
388-891A-0240Is information discussed during mediation confidential?
388-891A-0245If the mediation session results in an agreement, do I receive a written statement of the results?
388-891A-0250What is a fair hearing?
388-891A-0255How do I request a fair hearing?
388-891A-0260After I submit a request for a fair hearing, when is it held?
388-891A-0265What is a prehearing meeting?
388-891A-0270Do I receive a written fair hearing decision?
388-891A-0275Is the fair hearing decision final?
388-891A-0295May DVR suspend, reduce, or terminate my services if I request a fair hearing?
INFORMED CHOICE
388-891A-0300What is informed choice?
388-891A-0310How does DVR support the informed choice process?
388-891A-0320What if I do not know how to use the informed choice decision making process?
388-891A-0330What decisions may I make using informed choice?
388-891A-0340What information and assistance will DVR provide to help me make informed choices about VR services and service providers?
APPLYING FOR VR SERVICES
388-891A-0400Who may apply for vocational rehabilitation services?
388-891A-0405May a guardian or another representative act on my behalf with DVR?
388-891A-0410How do I apply for VR services?
388-891A-0420If I do not speak English, how do I communicate with DVR throughout the VR process, beginning at application?
388-891A-0421What accommodations are available to help me communicate with DVR throughout the VR process, beginning at application?
388-891A-0425Does DVR translate written communication for me if I do not speak English?
388-891A-0430If I do not live in Washington, may I receive VR services?
388-891A-0431May a case be open at the same time in more than one VR services program?
388-891A-0440May I apply for VR services if I am currently receiving or am eligible to receive VR services from the department of services for the blind?
388-891A-0450May I apply for VR services if I am currently receiving or am eligible to receive VR services from a tribal VR program?
388-891A-0490Why does DVR offer me the opportunity to register to vote when I apply for services?
ELIGIBILITY
388-891A-0500Who is eligible to receive VR services?
388-891A-0505How does DVR determine if I am eligible?
388-891A-0506Am I presumed to be eligible for VR services if I receive Social Security disability benefits?
388-891A-0507Am I required to provide proof of my identity and work status?
388-891A-0510After DVR receives my signed application, how long does it take to make an eligibility determination?
388-891A-0515What if I do not agree to extend the eligibility determination period?
388-891A-0525What criteria does DVR not consider in its eligibility determination?
388-891A-0526May DVR determine that I am ineligible for VR services without additional assessment of the severity of my disability?
388-891A-0527What is a trial work experience?
388-891A-0530What is involved in a trial work experience?
388-891A-0535What if I cannot participate in or decline to participate in a trial work experience?
388-891A-0540When may DVR determine that I am not eligible or no longer eligible for DVR services?
388-891A-0545What happens if DVR determines that I am not eligible or no longer eligible for VR services?
388-891A-0550If I am not eligible or no longer eligible for VR services, does DVR help me find other programs and service providers to meet my needs?
388-891A-0555Does a determination that I am eligible for VR services mean that I am entitled to any service?
ORDER OF SELECTION
388-891A-0600What happens if DVR cannot serve every eligible person?
388-891A-0610How are individuals selected for services when DVR is operating under an order of selection?
388-891A-0611What criteria must DVR not use when assigning you to a priority of service of category?
388-891A-0615May I receive pre-employment transition services when DVR has assigned me to a priority of service category with a waiting list for services?
388-891A-0620What are the criteria for priority category one?
388-891A-0630What are the criteria for priority category two?
388-891A-0640What are the criteria for priority category three?
388-891A-0650What are the criteria for priority category four?
388-891A-0660What are the criteria for priority category five?
VR SERVICES
388-891A-0700What vocational rehabilitation services are available to individuals from DVR?
388-891A-0705What are assessment services?
388-891A-0706What are examples of assessments that DVR conducts, obtains, or purchases?
388-891A-0707When may DVR require that I participate in a risk assessment, and how are the results of a risk assessment used by DVR?
388-891A-0708What happens if I decline to participate in a risk assessment or release reports of my status in a treatment program?
388-891A-0709What are benefits planning services?
388-891A-0710What are independent living services and evaluation?
388-891A-0715What are information and referral services?
388-891A-0720What are interpreter services?
388-891A-0725What is job search assistance?
388-891A-0730What is job placement assistance?
388-891A-0731What are customized employment services?
388-891A-0732What are job retention services?
388-891A-0735What are maintenance services?
388-891A-0740What are occupational licenses?
388-891A-0745What are personal assistance services?
388-891A-0750What are physical and mental restoration services?
388-891A-0755What are the medical treatments DVR does not pay for?
388-891A-0760What are pre-employment transition services?
388-891A-0765What is job exploration counseling?
388-891A-0766What are work-based learning experiences?
388-891A-0767What is counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education?
388-891A-0768What is workplace readiness training?
388-891A-0769What is instruction in self-advocacy?
388-891A-0770What is rehabilitation technology?
388-891A-0785What are self-employment services?
388-891A-0790What vocational rehabilitation services may DVR provide for my family member(s)?
388-891A-0791What types of nonpermanent structural modifications may be provided at the place where I live or where I work?
388-891A-0800What is substantial vocational rehabilitation counseling and guidance?
388-891A-0805What are tools, equipment, initial stocks, and supplies?
388-891A-0810What are training services?
388-891A-0815What is on-the-job training?
388-891A-0820What is postsecondary training?
388-891A-0825What is occupational or vocational training?
388-891A-0830What is basic education or literacy training?
388-891A-0836What is apprenticeship training?
388-891A-0837What is job readiness training?
388-891A-0838What is disability-related skills training?
388-891A-0840What other training does DVR provide?
388-891A-0855What are transition services?
388-891A-0860What are translation services?
388-891A-0865What are transportation services?
388-891A-0866What are transportation services to facilitate my driving?
388-891A-0880What other services does DVR provide?
388-891A-0890What are post-employment services?
VOCATIONAL ASSESSMENT AND IPE DEVELOPMENT
388-891A-0900What is a vocational assessment?
388-891A-0905Are there circumstances in which DVR requires me to participate in additional assessment activities?
388-891A-0910Do I need to tell my DVR counselor about my criminal history or negative actions that may appear in a background check for employment?
388-891A-0911What is required for DVR to approve an IPE with a goal in self-employment?
388-891A-0912What are the factors that a DVR counselor considers in determining whether to support an employment outcome in self-employment?
388-891A-0913What conditions apply for DVR to support self-employment as a sole proprietorship or a limited liability company?
388-891A-0915What is an individualized plan for employment (IPE)?
388-891A-0916How long does it take to develop an IPE?
388-891A-0920What information does DVR provide to help me develop my IPE?
388-891A-0925Who develops an IPE?
388-891A-0930Who may help me with developing an IPE?
388-891A-0940What must be included on the individualized plan for employment?
388-891A-0945When does the IPE become effective?
388-891A-0950Is the IPE reviewed and updated?
388-891A-0951When would my IPE require an amendment?
388-891A-0960Will DVR support an employment outcome that involves activities that are illegal under federal, state, or local law?
388-891A-0965Does DVR support any job I choose?
388-891A-0966What if the employment outcome I choose is religious in nature?
388-891A-0970What happens if I am not making the agreed upon progress in my IPE?
SUPPORTED EMPLOYMENT
388-891A-1000What is supported employment?
388-891A-1010Who is eligible for supported employment?
388-891A-1015Who determines whether I am eligible for supported employment?
388-891A-1030When is a work setting integrated in supported employment?
388-891A-1040What are supported employment services?
388-891A-1045What are time-limited support services?
388-891A-1050What are extended services?
388-891A-1060Who provides the extended services I need?
388-891A-1065What are natural supports?
388-891A-1075What is required for me to change from time-limited support services to extended services?
388-891A-1080Under what conditions does DVR close my case service record for supported employment?
388-891A-1090Under what conditions does DVR provide time-limited support services as post-employment services?
PAYING FOR VR SERVICES
388-891A-1100When does DVR provide or pay for vocational rehabilitation services to individuals?
388-891A-1101Are there limits or activities that DVR does not pay for or support?
388-891A-1102Am I required to repay DVR funds that were overpaid to me?
388-891A-1103When must DVR make a referral to the DSHS office of fraud and accountability (OFA)?
388-891A-1105Does DVR require written authorization to purchase services?
388-891A-1110May DVR pay for VR services without determining whether comparable services and benefits are available from another program or organization?
388-891A-1120May DVR authorize or provide VR services before determining whether a comparable service or benefit is available to me to avoid delaying or interrupting my services?
388-891A-1125If comparable services and benefits are available from another program or organization, and I do not want to use them, who is responsible for the cost of the services?
388-891A-1130Do I have to pay a portion of my VR services if I receive assistance or income support from another public program?
388-891A-1135Does DVR require that I pay for part of my VR services using my own financial resources?
388-891A-1136When does DVR require that I pay for part of my VR services using my own financial resources?
388-891A-1137How does DVR determine whether I must pay for VR services?
388-891A-1140How does DVR determine how much I pay for VR services?
388-891A-1145Which VR program services am I not required to help pay for?
388-891A-1150May I select the services and service provider of my choice?
388-891A-1155When does DVR pay for occupational or vocational training?
388-891A-1156When does DVR pay for basic education or literacy training?
388-891A-1160When does DVR pay for training services at an institution of higher education?
388-891A-1161Are there forms of financial assistance that I am required to apply for or access before DVR will assist with the cost of attendance at my institution of higher education?
388-891A-1162When does DVR pay for training at a private school or an out-of-state institution of higher education?
388-891A-1163May DVR pay for other fees charged by my institution of higher education when those fees are required as a condition of registration?
388-891A-1164What academic standards does DVR have for education?
388-891A-1165When does DVR make a direct payment to me?
388-891A-1170When does DVR pay for my moving expenses?
388-891A-1171When DVR pays for relocation or moving expenses, may I move my own household belongings in a rental vehicle?
388-891A-1172When does DVR provide services to facilitate driving a personal vehicle?
388-891A-1173When may DVR pay for the cost of fueling a personal vehicle as a transportation service?
388-891A-1174When does DVR purchase and loan a vehicle to you?
388-891A-1175What conditions apply for DVR to purchase and loan a vehicle to me?
388-891A-1176When does DVR transfer ownership of a vehicle that DVR purchased and loaned to you?
388-891A-1177When may DVR pay for vehicle modifications as a rehabilitation technology service?
388-891A-1179When may DVR pay for vehicle repairs?
388-891A-1180What types of insurance does DVR pay for?
388-891A-1181What types of assistive technology insurance may DVR pay for?
388-891A-1182What types of assistive technology warranties may DVR pay for?
388-891A-1185What are the costs that DVR may pay to support my IPE with an employment outcome in self-employment?
388-891A-1186What are the costs that DVR must not pay for to support an IPE with an employment outcome in self-employment?
388-891A-1190When may DVR pay for child-care services?
388-891A-1194When may DVR pay for nonpermanent structural modifications at my worksite?
388-891A-1195When may DVR pay for nonpermanent modifications where I live or at my place of self-employment?
388-891A-1196Are there purchases related to nonpermanent modification(s) of my home or place of self-employment that DVR does not pay for?
LOANING EQUIPMENT
388-891A-1200Under what conditions does DVR loan equipment, devices, or other items to me?
388-891A-1205Are there instances in which DVR would issue equipment, devices, or other items directly to me without a loan agreement?
388-891A-1210Does DVR provide items that require customization for my own personal needs?
388-891A-1230What happens if I fail to return a device, tool, piece of equipment, or other item if requested by DVR?
388-891A-1240What happens to a device, tool, piece of equipment, or other item that has been loaned to me by DVR if I will still need it after my case service record is closed?
CASE CLOSURE
388-891A-1300Why does DVR close a case service record?
388-891A-1310How does DVR determine that I have achieved an employment outcome?
388-891A-1311When may DVR determine that I have achieved an employment outcome in self-employment?
388-891A-1312What does DVR do if it determines I have not achieved a self-employment outcome when my employment outcome is in self-employment?
388-891A-1320Am I involved in the decision to close my case?
388-891A-1330When does DVR contact me after my case is closed?
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