Located in:
- Program-Specific Requirements for State Vocational Rehabilitation (Combined or General)
The Vocational Rehabilitation (VR) Services Portion of the Unified or Combined State Plan must include the following descriptions and estimates, as required by sections 101(a) and 606 of the Rehabilitation Act of 1973, as amended by title IV of WIOA.
g. 2. B. The order (priority categories) to be followed in selecting eligible individuals to be provided VR services ensuring that individuals with the most significant disabilities are selected for services before all other individuals with disabilities; and
Current Narrative:
The West Virginia Division of Rehabilitation Services (DRS) Director will determine whether resources will be available to provide vocational rehabilitation (VR) services to all eligible individuals throughout the program year. If not, consistent with state and federal laws and regulations, the Director will establish restrictions regarding priority categories for selecting the order in which otherwise eligible individuals may be served. Prior to establishing and/or making changes to the OS, the Director will consult with the State Rehabilitation Council, the Client Assistance Program, Rehabilitation Services Administration, and other vocational rehabilitation stakeholders.
DRS will be operating under an OS with OS Categories 2 and 3 closed due to insufficient fiscal and personnel resources available to provide services to all eligible consumers; OS Category 1 will remain open. Additionally, DRS has elected to serve eligible individuals, regardless of any established OS, who require specific services or equipment to maintain employment.
Description of Priority categories Priority Categories
Following are the OS categories currently applicable to DRS’ vocational rehabilitation program:
Category 1: Eligible applicants with the most significant disabilities.
Category 2: Eligible applicants with significant disabilities.
Category 3: Eligible applicants with non–significant disabilities.
The DRS Rehabilitation Counselor will determine the significance of an individual’s disability after conducting a diagnostic study that allows for assessing the permanency of the disability, the number of functional capacities limited by the disability, the number of VR services needed, and the time in service required to complete those services. These criteria are used when determining whether the individual’s disability is non-significant, significant, or most significant.
Definitions
Individual with a Most Significant Disability (MSD).
An individual who:
- Has a permanent physical or mental impairment which seriously limits three or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerances, or work skills) in terms of an employment outcome; and
- Will require multiple vocational rehabilitation services over an extended period of time.
Individual with Significant Disability (SD).
An individual who:
- Has a permanent physical or mental impairment which seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerances, or work skills) in terms of an employment outcome; and
- Will require multiple vocational rehabilitation services over an extended period of time.
Individual with Non-Significant Disability.
An individual with a non-significant disability is an individual who:
- Has a permanent disability that results in a substantial impediment to employment; and
- Will not require multiple vocational rehabilitation services over an extended period of time.
Time in Service
For the purpose of determining significance of disability, “time in service” is considered to begin upon implementation of the Individualized Plan for Employment (IPE) and end upon entering Status 22 (in employment).
Automatic Classification as an Individual with Significant Disability
An individual who is a Social Security Disability Insurance (SSDI) beneficiary or Supplemental Security Income (SSI) recipient will be coded automatically as SD. However, if the individual meets MSD criteria, that designation will apply.
Recertification
An individual may be recertified from SD to MSD if all MSD criteria are met. In such instances, the DRS Rehabilitation Counselor will note appropriate circumstances in the Action Statement/Details section of the consumer’s case record.
DRS Responsibilities when Implementing an Order of Selection
An OS has no impact on the DRS obligation for case finding and referrals. DRS has a continuing responsibility to make the public and referral sources aware of the services it has to offer individuals with disabilities, especially those with the most significant disabilities. Furthermore, DRS shall ensure its funding arrangements for providing services, including third party arrangements and establishment projects, are consistent with the OS. Any funding arrangements that are inconsistent with the OS will be renegotiated.
Priority of categories to receive VR services under the order OS Administration Process
OS Category 1 will remain open during Federal Fiscal Year 2025, as long as sufficient fiscal and personnel resources remain available to provide VR services to all eligible applicants with most significant disabilities. OS Category 2 will remain closed until there are sufficient resources available to provide VR services to all eligible applicants with the most significant and significant disabilities (this would enable the agency to open OS Category 2). OS Category 3 will be closed until there are sufficient resources available to provide VR services to all eligible applicants with the most significant, significant, and non-significant disabilities (this would enable the agency to open OS Category 3)
Services necessary for determination of eligibility and assessment of rehabilitation needs are provided to all DRS applicants. Any individual notified by the DRS Rehabilitation Counselor of classification as a member of an open priority category shall continue to receive services should that category later be closed provided they are under an IPE prior to the category being closed. Students with disabilities who receive Pre-Employment Transition Services (Pre-ETS) prior to being placed on a waitlist may continue to receive Pre-ETS while on the waitlist. However, students with disabilities not receiving Pre-ETS prior to being placed on the waitlist may not begin to receive Pre-ETS while on the waitlist.
Plan for Implementing the Order of Selection
Starting on February 20, 2025, OS Category 1 will remain open and OS Categories 2 and 3 will be closed during Federal Fiscal Year 2025. On February 20, 2025, all eligible individuals in OS Categories 2 and 3 who are not under an approved IPE and have began receiving services will be moved to a waitlist.
DRS will strictly adhere to federal regulations in administering its OS. DRS will continue to: (1) implement the order on a statewide basis; (2) notify all eligible persons of their assignment to a particular priority category and their right to appeal this assignment; (3) assure continuity of services to all persons who were receiving services under an IPE prior to the effective date of the closure order; and (4) assure that funding arrangements are consistent with the OS [34 CFR 361.36(e)].