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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3304-2 | Vocational Rehabilitation Program

 
 
 
Rule
Rule 3304-2-21 | Third-party payments.
 

(A) Regardless of any contract provision to the contrary, OOD shall pay for the costs of treatment, supportive services accessories and their upkeep, and costs incurred as part of a rehabilitation plan in excess of and secondary to payments of any third-party payor and pursuant to rule 3304-2-52 of the Administrative Code. OOD payments for costs shall be made after all third-party payment sources are exhausted.

(B) As used in this rule, "third-party payor" means any insurer or other third-party payor licensed by the Ohio superintendent of insurance and any payor under any individual or group contract.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," 29 U.S.C. 2801-2945, which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701-797 and resulting regulations.

Supplemental Information

Authorized By: 3304.15, 3304.16
Amplifies: 3304.15, 3304.16
Five Year Review Date: 11/23/2024
Prior Effective Dates: 1/20/2004, 12/10/2007
Rule 3304-2-51 | Vocational rehabilitation program.
 

(A) Definitions

(1) "Individual's representative" means any representative chosen by an applicant or individual with a disability, as appropriate. Includes 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.

(2) "Appropriate mode of communication" means specialized aids and supports that enable the individual with a disability to comprehend and respond to information provided. Appropriate modes of communication include, but are not limited to the use of interpreters, open and closed-captioned videos, specialized telecommunication services and audio recordings, brailed and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations and simple language materials.

(B) OOD shall provide vocational rehabilitation services for the individual with a disability, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, including the need for supported employment, so that they may prepare for, secure, retain, advance in, or regain employment.

(C) OOD shall not require a duration of residency to provide services to an applicant who is present in Ohio. To obtain OOD services, an applicant shall establish either United States citizenship or as a legal entrant into the United States. OOD may require an applicant to provide a verification of employment authorization.

(D) OOD shall provide information to an applicant or individual with a disability about rights and duties, rights of persons with a developmental disability, informed choice, confidentiality, methods of appeal, and the client assistance program. All required information and materials, including the individualized plan for employment and any amendments, shall be provided to the individual and, as appropriate, the individuals representative, in writing and, when appropriate, to the maximum extent possible, in the individuals native language and/or through an appropriate mode of communication. The individual with a disability shall also be provided information on OOD's civil rights compliance.

(E) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15, 1347.05(E), 1347.08(A)(1) and (3)
Five Year Review Date: 7/1/2025
Prior Effective Dates: 9/30/1985, 3/12/1993, 1/3/2000, 6/20/2002, 1/20/2004
Rule 3304-2-52 | Least cost, use of comparable benefits, participant contribution, and fees for services.
 

(A) Definitions

(1) "Comparable benefits" means service and benefits, including accommodations and auxiliary aids and services, that are provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits; are available to the individual at the time needed to ensure the progress toward achieving the employment outcome in the individual's individualized plan for employment; and are commensurate to the services that the individual would otherwise receive from OOD. Comparable services and benefits do not include awards and scholarships based on merit.

(2) "Extreme medical risk" means a probability of substantially increasing functional impairment or a risk of death if medical services, including mental health services, are not provided expeditiously. Determination of such risk shall be based on medical evidence provided by an appropriate, licensed medical professional.

(B) OOD shall provide services to an individual with a disability at the least cost consistent with rehabilitation needs and informed choice.

(C) If an individual with a disability, consistent with informed choice, chooses to receive services from a qualified service provider other than the least cost provider identified in accordance with this rule, OOD shall only pay for the services in the amount it would cost to go to the least cost service provider. Any costs incurred by the individual above that amount shall be the individual's sole responsibility to pay.

(D) OOD shall not pay for missed appointments or other goods and services which have not been provided, except when required for purchase order items and except for the guaranteed minimum two hour fee for interpreter service.

(E) OOD shall purchase services and goods only from service providers and vendors who agree not to charge or accept any payment from an individual with a disability or the individuals family unless the amount of the charge or payment is previously known and approved by OOD.

(F) Notwithstanding paragraph (B) of this rule, an individual with a disability may not choose an alternative provider when goods or services are procured through the competitive bidding process.

(G) An individual with a disability may be expected to pay for services to the extent they are able.

(H) OOD shall use comparable benefits to pay for services, unless such a determination would interrupt or delay:

(1) Services to an individual with a disability who is at extreme medical risk.

(2) An immediate job placement.

(3) The progress of an individual with a disability toward achieving the employment outcome in the individualized plan for employment.

(I) Services identified in paragraph (I)(1) of this rule do not require the use of nor the determination of the availability of comparable benefits.

Assessments for determining eligibility and vocational rehabilitation needs, counseling and guidance, referral, job-related services, including job search and placement assistance, on-the-job support services, follow-up services and follow-along services, and rehabilitation technology, including when any of these are provided as post-employment services.

(J) Maximum fees for medical, psychological and dental services paid wholly or in part by OOD shall be based on the fee schedules established by the Ohio department of medicaid as set forth in rule 5160-1-60 of the Administrative Code and the appendix to the rule.

(K) Pursuant to section 3304.15 of the Revised Code, the executive director shall establish a fee schedule for vocational rehabilitation services. The executive director hereby adopts the vocational rehabilitation fee schedule indicated in appendix A to this rule, developed with stakeholder input. Any community rehabilitation program, entity or person providing a service listed on the vocational rehabilitation fee schedule shall bill in accordance with the fee schedule.

(L) OOD shall pay only the fee agreed upon up to the maximum listed in the fee schedules, less the individual with a disabilitys contribution and less any applicable comparable benefit.

(M) Exceptions to this rule may be made only upon the express, written approval of the executive director of OOD or the executive director's designee.

(N) This rule is designed to implement "the Workforce Innovation and Opportunity Act of 1973," and "Title IV of the Workforce Investment Act," 29 U.S.C. 2801 2945, which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701 - 797 and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1), 3304.15(D)
Amplifies: 3304.15(D)
Five Year Review Date: 10/1/2024
Prior Effective Dates: 1/11/1999, 9/5/2006, 10/1/2012 (Emer.)
Rule 3304-2-53 | Qualifications and standards for service providers and vendors.
 

(A) Except for service providers who provide only interpreting, rehabilitation technology, work incentive planning and coordination, pre-employment transition services or transportation services, vocational rehabilitation service providers must have preliminary or final accreditation or certification by at least one of the following entities:

(1) The commission on accreditation of rehabilitation facilities (CARF) so long as the accreditation is for any one of the following categories of VR service:

(a) Community employment services (CES);

(b) Comprehensive vocational evaluation (CVE);

(c) Community integration (COI);

(d) Employee development services (EDS);

(e) Employment skills training (EST);

(f) Employment planning services (EPS);

(g) Organizational employment services (OES);

(h) Vision rehabilitation services (VRS); or

(i) Vocational services (VS).

(2) The joint commission (JC) for accreditation in behavioral health care.

(3) The association for education and rehabilitation of the blind and visually impaired, institutions of higher education or organizations (schools or agencies) serving individuals who are blind or with low vision.

(4) The national orientation and mobility certification (NOMC) for cane travel and non-visual instruction and the national certification in rehabilitation teaching for the blind (NCRTB) for non-visual instruction. Certification through the governing board with oversight of these two certifications, the national blindness certification board (NBPCB) is an allowable credential.

Providers with NBPCB certification are required to provide proof of liability insurance policy to OOD in amount not less than two hundred fifty thousand dollars per incident.

(5) The academy for certification of vision rehabilitation and education professionals (ACVREP) serving individuals who are blind or with low vision receiving vision rehabilitation and education services.

Providers with ACVREP Certification are required to provide proof of liability insurance to OOD in amount not less than two hundred fifty thousand dollars per incident.

(6) Providers certified by the Ohio department of developmental disabilities in the areas of career planning and individual employment supports with at least one year of experience in providing career planning service and individual employment supports. The scope of services for these providers is limited to individuals who meet eligibility requirements for county boards of developmental disabilities.

(B) In addition to the requirements listed in paragraph (A) of this rule, additional credentialing shall be required as specified for the following services:

(1) Vocational rehabilitation service providers who conduct work incentives planning or coordination shall be certified as a community work incentives coordinator (CWIC) and/or work incentives practitioner (WIP).

(2) Vocational rehabilitation service providers who provide supported employment job development services under the VR fee schedule, must pass the certified employment support professional (CESP) exam offered by the association of people supporting employment first (APSE).

Vocational rehabilitation service providers that offer supported employment job development services to individuals with severe persistent mental illness (SPMI), which includes individuals with diagnosis of mental health/substance use disorder (MH/SUD), and are certified and meet the fidelity requirements as a program in accordance with rule 5122-29-11 of the Administrative Code are exempt from the CESP requirement.

(3) If a vocational rehabilitation service provider subcontracts any of its VR services through other providers, it must obtain certification, preliminary accreditation, or accreditation in all VR services in which it subcontracts unless a credentialing body identified in paragraph (A)(1) of this rule routinely surveys all services, including subcontracted services, in the course of the certification or accreditation process.

(4) Vocational rehabilitation service providers that offer pre-employment transition services must have a minimum of one year of experience in delivering relevant vocational, educational, or independent living services to students with disabilities.

(C) The following requirements regarding licensure, accreditation, or certification also apply to vocational rehabilitation service providers:

(1) Vocational rehabilitation service providers must maintain and renew certification or accreditation according to the entity by which the provider was initially certified;

(2) Vocational rehabilitation service providers shall submit documentation from the appropriate body verifying certification, accreditation, or preliminary accreditation to OOD before requesting any payment from OOD according to its fee schedule; and

(3) Vocational rehabilitation service provider shall immediately notify OOD in writing if accreditation or certification lapses, is revoked, or suspended.

(D) OOD shall not purchase or reimburse for any services from any community rehabilitation program that does not obtain accreditation following preliminary accreditation and/or maintain appropriate accreditation or certification status.

(E) Prior to utilization and when requested by OOD, the community rehabilitation program shall complete a provider acknowledgement and submit to OOD.

(F) The executive director of OOD may waive any paragraph or paragraphs of this rule, if necessary, to appropriately serve individuals with disabilities.

(G) Nothing in this rule creates an obligation for OOD to purchase services from a provider, and OOD retains sole discretion over the expenditure of vocational rehabilitation funds.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.16, 3304.15
Amplifies: 125.09(C), 3304.16, 3304.15
Five Year Review Date: 11/23/2024
Prior Effective Dates: 9/30/1985, 4/4/1988
Rule 3304-2-54 | Eligibility determination.
 

(A) OOD's determination of an applicant's eligibility for vocational rehabilitation services shall be conducted in a manner consistent with 34 CFR 361.42, in effect on the effective date of this rule.

(1) OOD may use another agency's eligibility criteria to determine whether an applicant has a physical or mental impairment if OOD determines that the agency's criteria are consistent with the requirements in paragraph (A) of this rule.

(2) OOD shall notify applicants of eligibility decisions by regular U.S. mail or other electornic means, and in the appropriate mode of communication as specified by the individual pursuant to rule 3304-2-51 of the Administrative Code.

(B) OOD's determination of an applicant's ineligibility for vocational rehabilitation services shall be conducted in a manner consistent with 34 CFR 361.43, in effect on the effective date of this rule.

(1) OOD shall notify individuals of ineligibility decisions in accordance with rule 3304-2-61 of the Administrative Code.

(C) An applicant's eligibility for VR services must be based only on the following requirements:

(1) A determination by qualified personnel that the applicant has a physical or mental impairment;

(2) A determination by qualified personnel that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant; and

(3) A determination by a qualified vocational rehabilitation counselor employed by OOD that the applicant requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice.

(D) OOD shall determine eligibility within sixty days of an individual's application for vocational rehabilitation services, unless:

(1) Exceptional and unforeseen circumstances beyond the control of OOD preclude making an eligibility determination and OOD and the applicant agree to a specific extension of time; or

(2) The applicant receives trial work experiences consistent with 34 CFR 361.42, in effect on the effective date of this rule.

(E) Any applicant who has been determined eligible for social security benefits under "Title II Social Security Disability Insurance (SSDI)" or "Title XVI Supplemental Security Income (SSI)" of the Social Security Act is presumed eligible for vocational rehabilitation services and is considered an individual with a significant disability provided the individual intends to achieve an employment outcome consistent with 34 CFR 361.42, in effect on the effective date of this rule.

(F) OOD shall not impose a duration of residence requirement that excludes from services any applicant who is present in the state as part of determining eligibility. OOD shall not require the applicant to demonstrate a presence in the state through the production of any documentation that under state or local law, or practical circumstances, results in a de facto duration of residence requirement.

(G) Once an applicant is determined eligible for vocational rehabilitation services, OOD shall determine the individual's priority category for purposes of order of selection, pursuant to rule 3304-2-65 of the Administrative Code.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated April 19, 2021 at 9:34 AM

Supplemental Information

Authorized By: 3304.16
Amplifies: 3304.11(B) and (C), 3304.15(C)(1)
Five Year Review Date: 4/19/2026
Prior Effective Dates: 10/7/1994
Rule 3304-2-55 | Vocational rehabilitation counseling and guidance, referral.
 

(A) OOD staff shall provide counseling and guidance, including information and support services to assist an individual in exercising informed choice. It includes personal adjustment counseling and vocational counseling, to maintain a counseling relationship throughout the rehabilitation process. OOD shall provide information and referral services to other programs when necessary to help the individual secure needed services from other agencies.

(B) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Last updated April 20, 2021 at 8:32 AM

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.17, 3304.15(A)
Five Year Review Date: 5/6/2021
Prior Effective Dates: 4/22/1991
Rule 3304-2-56 | The individualized plan for employment.
 

(A) OOD shall conduct an assessment for determining the vocational rehabilitation needs, if appropriate, for each eligible individual, or, if OOD is operating under an order of selection, for each eligible individual to whom OOD is able to provide vocational rehabilitation services. The assessment(s) shall be conducted consistent with 34 CFR 361.5(c)(5)(ii), in effect on the effective date of this rule. The purpose of any assessment shall be to determine the employment outcome, and the nature and scope of the vocational rehabilitation services and training to be included in the individualized plan for employment (IPE).

OOD shall provide services and accommodations necessary to enable the individual to participate in assessment(s) and/or vocational guidance and counseling necessary to develop the IPE consistent with 34 CFR 361.45, in effect on the effective date of this rule.

(B) OOD shall assist each eligible individual in exercising informed choice in the development of the IPE, identifying necessary services and training consistent with 34 CFR 361.48, in effect on the effective date of this rule, and choosing an employment outcome that is mutually agreed on between OOD and the eligible individual.

(C) The IPE shall be developed as soon as possible, but not later than ninety days after the date of an eligibility determination, unless OOD and the eligible individual agree to extend that deadline to a specific date by which the IPE must be completed. If OOD is operating under an order of selection, the IPE shall be developed no later than ninety days after the individual is released from the wait list.

(1) The IPE shall include content consistent with 34 CFR 361.46, in effect on the effective date of this rule.

(2) The IPE is not a contract or in any way binding on the parties.

(3) The IPE shall not provide for services or products that violate federal or state law and regulations, or OOD policies and procedures. OOD may suspend services and products that violate this paragraph until the IPE is amended.

(D) An OOD vocational rehabilitation counselor and the eligible individual, and legal guardian, parent, or authorized representative, as applicable, shall review the IPE annually to assess the eligibile individual's progress in achieving the identified employment outcome.

(E) The eligible individual, and legal guardian, parent or authorized representative, as applicable, may amend the IPE in collaboration with OOD as appropriate. Amendments to the IPE do not take effect until agreed to and signed by the eligible individual or, individual's representative, as appropriate, and by a qualified vocational rehabilitation counselor employed by OOD. OOD may determine in its discretion, and with the individual's consent, that an emergency requires a service to be provided before the IPE amendment is signed. The IPE amendment must be signed as soon as the emergency ends if a service is provided during an emergency.

(F) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated April 19, 2021 at 9:34 AM

Supplemental Information

Authorized By: 3304.16
Amplifies: 3304.15(C)(1)
Five Year Review Date: 4/19/2026
Prior Effective Dates: 9/30/1985, 3/12/1993, 12/17/1993
Rule 3304-2-57 | Restoration.
 

(A) Restoration services are provided to correct or substantially modify within a reasonable period of time, a physical or mental condition that constitutes a substantial impediment to employment. Restoration services shall be provided only if the condition is stable or slowly progressive; or if the condition is not stable or slowly progressive, only when the restoration is provided under trial work experiences.

(B) OOD shall not provide the following restoration services:

(1) Abortion;

(2) Experimental surgery and/or medical equipment;

(3) Sterilization;

(4) Transplants of vital organs other than kidneys; or

(5) Transsexual surgery or any ancillary procedures associated with, or leading up to such surgery.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.11(G), 3304.15
Five Year Review Date: 3/16/2025
Prior Effective Dates: 10/7/1994, 9/1/1999
Rule 3304-2-58 | College, occupational, and vocational training.
 

(A) Definitions

(1) "Four-year college" or "four-year university training" means a full-time or part-time academic training leading to a baccalaureate degree, a certificate, or other recognized educational credential approved by OOD. Such training may be provided by a four-year college or university or technical college.

(2) "Graduate college" or "graduate university training" means a full-time or part-time academic training leading to a degree recognized as beyond a baccalaureate degree, such as a master of science, master of arts, doctor of philosophy, or doctor of jurisprudence. Such training would be provided by a college or university.

(3) "Junior college training" or "community college training" means a full-time or part-time academic training above the secondary school level leading to an associate's degree, a certificate, or other recognized educational credential approved by OOD. Such two-year training may be provided by a community college, junior college, or technical college.

(4) "Occupational training" or "vocational training" or "job skill training" means training provided by a community college, vocational, trade or technical school, or business that prepares students for gainful employment in a recognized occupation, not leading to an academic degree. This would include selected courses or programs of study at a community college, four-year college or university, technical college or proprietary school, or training program.

(B) For the purposes of this rule, training includes graduate college or graduate university training; four-year college or four-year university training; junior college or community college training; occupational training or vocational training. The requirements of paragraphs (C) to (I) of this rule shall be satisified prior to OOD purchasing any training. Services provided pursuant to rule 3304-2-52 of the Administrative Code and the vocational rehabilitation fee schedule are not subject to these requirements.

(C) OOD supports the cost of college, occupational, or vocational training programs only when the training is required for the individual to reach the employment outcome as identified on the approved individualized plan for employment.

(D) OOD may provide college, occupational, or vocational training supplies and equipment when required by the college, occupational, or vocational training program, or when needed by the individual with a disability to overcome limitations imposed by a disability. All monies received from a refund or sale of training supplies or equipment shall be returned to OOD.

(E) The determination of least cost for the purpose of college, occupational, or vocational training shall include consideration of an appropriate Ohio junior college or community college educational institution in accordance with rule 3304-2-52 of the Administrative Code, if the coursework needed is offered at a junior or community college and can meet the individual with a disability's vocational rehabilitation needs.

(F) Educational expenses for college, occupational, or vocational training programs that are eligible for federal financial aid shall be authorized based on financial need.

(1) The individual with a disability shall apply for financial aid by completing and submitting the free application for federal student aid (FAFSA) when the school participates in federal student aid programs.

(2) The individual with a disability shall submit a copy of the student aid report (SAR) to OOD for each academic year for which OOD is authorizing for college, occupational, or vocational training. The expected family contribution (EFC) listed on the SAR shall be used in calculating OOD's potential financial contribution.

(3) Individuals with a disability who receive supplemental security income (SSI) or social security disability insurance (SSDI), are excluded from the financial needs requirements in paragraph (F)(2) of this rule for college, occupational, or vocational training programs.

(4) The OOD contribution to college, occupational, or vocational training program expenses shall be computed by subtracting the following from the cost of educational expenses: the combined total of all grant monies, comparable benefits, and the EFC to be paid by the individual with a disability. Scholarships and other awards based on merit, may be used by the individual with a disability to meet the EFC. The individual with a disability shall disclose to OOD all known scholarships and other awards based on merit prior to OOD's contribution determination. OOD's contribution to educational expenses shall be reduced by the amount of scholarships and other awards based on merit that exceed the EFC. OOD and the individual shall engage in maximum efforts to secure grant assistance in whole or in part from other sources to pay for that training.

(G) To continue receiving OOD support, an individual with a disability shall demonstrate satisfactory progress in the training program.

(1) Students attending college, occupational, or vocational training programs participating in the federal financial aid program shall maintain satisfactory progress as required by paragraph (H) of this rule. Students shall have a maximum of eighteen consecutive months to complete each academic year of college training as defined by the degree program. Part-time attendance may be granted in extreme circumstances when there is a disability related need or a lack of course availability. For part-time attendance, an individual shall have a maximum of twenty-four months to complete each academic year of college training as defined by the degree program and maintain FAFSA/financial aid eligibility.

(2) Students in any other training program shall maintain satisfactory progress and minimum grade standard as established by the training program.

(H) To continue receiving OOD support, an individual with a disability attending a junior college, or community college training, or a four-year college, or four-year university training program shall maintain a cumulative grade point average of 2.0 or higher and the minimum grade requirements for successful completion of the academic program. For a graduate college or graduate university training program, the grade standard shall be the school's grade requirement for graduation.

(I) An individual with a disability shall make payment to OOD for any refund received for tuition, training fees or supplies for which OOD has paid.

(J) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated April 19, 2021 at 9:35 AM

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15(A), 3304.17
Five Year Review Date: 4/19/2026
Prior Effective Dates: 1/3/2000
Rule 3304-2-59 | Scope of services.
 

(A) OOD shall provide services consistent with 34 CFR 361.48, in effect on the effective date of this rule.

(B) Definition as applied to this rule.

"Student with a disability" means an individual with a disability in a secondary, postsecondary or other recognized education program who is not younger than fourteen and is not older than twenty-one years of age and, for a student in secondary education, is eligible for and receiving special education or related services under Part B of the Individuals with Disabilities Education Act or is a student with a disability for purposes of section 504 of the Rehabilitation Act of 1973, as amended.

(C) As appropriate to the vocational rehabilitation needs of each individual and consistent with each individual's individualized plan for employment, OOD shall ensure that the following vocational rehabilitation services are available to assist the individual with a disability in preparing for, securing, retaining, advancing in or regaining an employment outcome that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice.

(1) Assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with rule 3304-2-54 of the Administrative Code.

(2) Assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology, in accordance with rule 3304-2-54 of the Administrative Code.

(3) Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice.

(4) Referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce development system, and to advise those individuals about the client assistance program.

(5) Physical and mental restoration services, to the extent that financial support is not readily available from a source other than OOD.

(6) Vocational and other training services, including personal and vocational adjustment training, advanced training in, but not limited to, a field of science, technology, engineering, mathematics (including computer science), medicine, law, or business; books, tools, and other training materials.

All college, occupational, and vocational training shall be provided in accordance with rule 3304-2-58 of the Administrative Code.

(7) Maintenance.

(8) Transportation in connection with the provision of any vocational rehabilitation service.

(9) Vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome.

(10) Interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel.

(11) Reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind or visually impaired.

(12) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.

(13) Supported employment services in accordance with rule 3304-2-60 of the Administrative Code.

(14) Personal assistance services.

(15) Post-employment services.

OOD may provide post-employment vocational rehabilitation services subsequent to the achievement of an employment outcome that are necessary for an eligible individual to maintain, regain or advance in employment. These post-employment services shall be provided under an individualized plan for employment.

(16) Occupational licenses, tools, equipment, initial stocks, and supplies.

(17) Rehabilitation technology, including vehicular modification, telecommunications, sensory, and other technological aids and devices.

(18) Transition services for students and youth with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services for students.

(19) 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 development system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome.

(20) Customized employment.

(21) Other goods and services determined necessary for the individual with a disability to achieve an employment outcome.

(D) OOD, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities, in need of such services, without regard to the type of disability.

(1) Pre-employment transition services must be made available statewide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services.

(2) OOD shall provide the following pre-employment transition services:

(a) Job exploration counseling;

(b) Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment in the community to the maximum extent possible;

(c) Counseling on opportunities for enrollment in comprehensive transition or college (postsecondary educational programs) at institutions of higher education;

(d) Workplace readiness training to develop social skills and independent living; and

(e) Instruction in self-advocacy (including instruction in person-centered planning), which may include peer mentoring (including peer mentoring from individuals with disabilities working in competitive integrated employment).

(3) OOD shall provide auxiliary aids and services, assistive technology, maintenance, transportation, personal assistance services, services to family members, and rehabilitation technology for students with disabilities who require such services to participate in pre-employment transition services.

(E) OOD shall not provide the following restoration services:

(1) Abortion;

(2) Experimental surgery and/or medical equipment;

(3) Sterilization;

(4) Transplants of vital organs other than kidneys;

(5) Gender affirming surgery or any auxiliary procedures associated with, or leading up to such surgery; and

(6) Medical marijuana.

(F) OOD shall not erect buildings including homes.

(G) OOD shall not purchase:

(1) Land;

(2) Buildings including homes;

(3) Vehicles;

(4) Experimental items;

(5) Firearms;

(6) Ammunition;

(7) Explosives;

(8) Alcohol;

(9) Tobacco;

(10) Flammables;

(11) Combustibles;

(12) Reinstatement of licensure fees;

(13) Representation for appeal hearings for a referral, applicant, or individual;

(14) Products containing marijuana plant derivatives including, but not limited to, cannabidiol (CBD), tetrahydrocannabinol (THC), or hemp;

(15) Health insurance;

(16) Vehicle insurance;

(17) Liability insurance, unless required and included as part of a program training fee; or

(18) Any service when OOD learns an individual has an active arrest warrant, unless that individual is already under the supervision of a court.

(19) Any service that violates state or federal law and regulation.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated April 19, 2021 at 9:35 AM

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15(A), 3304.17
Five Year Review Date: 4/19/2026
Prior Effective Dates: 3/12/1993
Rule 3304-2-60 | Supported employment services.
 

(A) Definitions

(1) "Supported employment" means competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual with a most significant disability, including a youth with a most significant disability, is working on a short-term basis toward competitive integrated employment that is individualized, customized, and consistent with the unique strengths, abilities, interests, and informed choice of the individual, including ongoing support services for individuals with the most significant disabilities for whom:

(a) Competitive integrated employment has not historically occurred or competitive integrated employment has been interrupted or intermittent as a result of a significant disability;

(b) Due to the nature and severity of their disabilities, the individual needs intensive supported employment services and extended services after the transition from support provided by the designated state unit, in order to perform this work.

(2) "Supported employment services" are ongoing support services that are organized and made available, singly or in combination, in such a way to assist an eligible individual with a disability to achieve competitive integrated employment based on a determination of the needs of an eligible individual, as specified in the individualized plan for employment (IPE).

(3) "Ongoing support services" means services that:

(a) Are needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment; and

(b) Are identified based on a determination by OOD of the individual's need as specified in an IPE.

(4) "Extended services" mean ongoing support services and other appropriate services that are: needed to support and maintain an individual in supported employment; based on the needs of an individual, as specified in an IPE; and provided by a state agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made a transition from support from OOD.

(B) Ongoing support services are furnished by OOD from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended service providers throughout the individual's term of employment in a particular job placement.

(1) Ongoing support services include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:

(a) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or

(b) If under specific circumstances the IPE provides for off-site monitoring, twice monthly meetings with the individual.

(2) Ongoing support services may consist of:

(a) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs;

(b) The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;

(c) Job development and training;

(d) Social skills training;

(e) Regular observation or supervision of the individual;

(f) Follow-up services including regular contact with the employers, the individuals, parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;

(g) Facilitation of natural supports at the worksite;

(h) Any other service identified in the scope of vocational rehabilitation services for individuals; or

(i) Any service similar to the foregoing services.

(C) An individual with a most significant disability, whose supported employment in an integrated setting does not satisfy the criteria of competitive integrated employment, is considered to be working on a short-term basis toward competitive integrated employment so long as the individual can reasonably anticipate achieving competitive integrated employment under the following circumstances:

(1) Within six months of achieving a supported employment outcome; or

(2) In limited circumstances, within a period not to exceed twelve months from the achievement of the supported employment outcome if necessary based on the needs of the individual, and the individual has demonstrated progress toward competitive earnings based on information contained in the service record.

(D) Supported employment services provided by OOD shall not exceed twenty-four months. The individual and the rehabilitation counselor may jointly agree to extend the time to achieve the employment outcome identified in the IPE when the individual has made substantial progress toward meeting the hours-per-week work goal, and there is no break between short-term services and extended services.

(E) OOD may provide extended services only to a youth with a most significant disability. Extended services shall terminate after four years or until the individual reaches the age of twenty-five, whichever occurs first.

(F) Transition to extended services may not occur until the youth with a disability has reached job stability and has substantially met their work goal.

(G) OOD may provide supported employment services after successful closure and transition to extended services, if post-employment services are needed to maintain or regain the job placement or advance in employment but are unavailable from the extended services provider.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15
Five Year Review Date: 7/1/2025
Prior Effective Dates: 6/20/2002, 1/20/2004
Rule 3304-2-61 | Closure.
 

(A) OOD shall notify an individual in writing, and when appropriate in the individual's native language or through another appropriate mode of communication, when his/her case is being closed regardless of the reason for closure. The notification should include the closure reason, method of appeal, and the availability of the client assistance program.

(B) OOD shall close a case if an individual is found to be ineligible for services for the following reasons:

(1) The individual does not have a physical or mental impairment;

(2) The individual does not have a substantial impediment to employment;

(3) The individual, due to the severity of their disability, is incapable of benefiting from the provision of VR services in terms of an employment outcome as evidenced by the completion of trial work experience in a competitive integrated employment setting, consistent with the informed choice and rehabilitation needs of the individual; or

(4) VR services are not required for the person to prepare for, secure, retain, regain, or advance in employment.

(C) In the event the individual is determined ineligible, OOD shall consult with or attempt to consult with the individual or other appropriate representative about the reason or reasons for the ineligibility decision. Documentation of the consultation should be included within the written notification of closure. The written notification, supplemented as necessary by other appropriate modes of communications, consistent with the informed choice of the individual, should also include the method of appeal and the availability of the client assistance program.

(1) OOD shall review, within twelve months and annually therafter, if requested by the individual and as appropriate, his or her parent, legal guardian, or other representative, for any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome.

(2) This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the state, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

(D) OOD shall close a case with an employment outcome only if all of the following conditions apply:

(1) The individual has achieved the employment outcome that is described in his/her individualized plan for employment;

(2) Services provided on the individualized plan for employment (IPE) have resulted in the achievement of competitive integrated employment;

(3) The individual has maintained competitive integrated employment for an appropriate period of time, but not less than ninety days, necessary to ensure the stability of the employment outcome;

(4) At the end of ninety days, or such longer time as deemed appropriate, the individual and the qualified rehabilitation counselor consider the employment outcome to be satisfactory, agree that the individual is performing well on the job and that he/she no longer needs vocational rehabilitation services;

(5) The individual is informed through appropriate modes of communication of the availability of post-employment services.

(E) When an individual's case is being closed with an employment outcome, OOD shall also include in the written notice the individual's job title, the date employment began, wages, any projected need for post-employment services, that a reassessment of the need for extended services has been completed for individuals in supported employment, and the basis on which the individual has been determined to be rehabilitated.

(F) OOD shall close a case without an employment outcome due to, but not limited to, the following reasons:

(1) The individual cannot be located;

(2) The individual dies;

OOD shall not forward written notification of case closure in the event of death.

(3) The individual is unavailable for services for an indefinite or considerable period of time due to the following:

(a) Institutionalization;

(b) Incarceration;

(c) Health/medical-related reasons;

(d) Reserve forces called to active duty.

(4) The individual needs non-vocational rehabilitation service(s) from another agency or has moved to another state and will be referred accordingly;

(5) The individual has refused services or has failed to cooperate;

(6) The individual cannot accept or maintain a job because transportation is not feasible or not available;

(7) The individual does not meet OOD's order of selection and is not interested in being placed on a waiting list, or is not available or not interested in services at a later time in the event that OOD is operating under a waitlist;

(8) The individual is no longer interested in receiving services;

(9) The individual requires extended services but they are not available;

(10) The individual chooses to enter into or remain in extended employment.

For individuals closed in extended employment, OOD shall conduct a semi-annual review and reevaluation for the first two years of such employment and annually thereafter.

(G) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.16, 3304.15
Amplifies: 3304.16, 3304.15
Five Year Review Date: 11/23/2024
Prior Effective Dates: 9/30/1985, 4/4/1988, 11/22/1993
Rule 3304-2-62 | Vocational rehabilitation appeals.
 

(A) "Appellant" means an applicant, eligible individual, potentially eligible individual receiving pre-employment transition services, or former eligible individual.

(B) "Impartial hearing officer" means a person who is not an employee of a public agency other than as an administrative law judge or hearing examiner, and is not a member of the OOD Council; has not been involved in the vocational rehabilitation of the appellant; has knowledge of the delivery of vocational rehabilitation services, the state plan concerning vocational rehabilitation services, and the federal regulations and state law, administrative code, and OOD policies governing the provision of services; has received training with respect to the performance of official duties, and has no personal, professional, or financial interest that would conflict with objectivity.

(C) "Individual's representative" means any representative chosen by the appellant, including a parent, legal guardian, family member, or advocate. Any court appointed representative shall be the individual's representative.

(D) An appellant or the individual's representative may challenge an OOD determination in the following ways:

(1) Through the appeal procedures defined in paragragh (E) of this rule;

(2) Filing a complaint with the OOD equal employment opportunity office; and/or

(3) Filing a complaint with the office for civil rights, United States department of education.

(E) An appellant or the individual's representative may appeal an OOD action that affects the provision or denial of vocational rehabilitation services. The appeallant shall submit an appeal in writing to the OOD executive director within thirty days of the notification of the provision or denial of services.

(1) Whenever an appellant or individual's representative submits an appeal in accordance with Ohio law and this rule, OOD shall offer the appellant an informal meeting unless previous efforts to resolve the issue have been exhausted prior to the filing of the appeal. OOD management shall conduct the informal meeting in person, by telephone, or through an OOD approved videoconference software. OOD management shall provide a written report of the informal meeting to the appellant and copy the OOD executive director or designee.

(2) The formal hearing shall be conducted pursuant to Chapter 119. of the Revised Code where such provisions do not conflict with the Rehabilitation Act of 1973, as amended, and the following requirements.

(a) The hearing shall be scheduled within sixty days of the appeal request. The hearing shall be conducted by an impartial hearing officer.

(b) The hearing shall be held in person at the OOD central office in Columbus, Ohio, or through an OOD approved videoconference software with the consent of the impartial hearing officer and the parties. Any person participating in a hearing may appear remotely through an OOD approved videoconference software. All remote participation in the hearing shall maintain confidentiality of the hearing. Any person participating remotely shall ensure compatability and connectivity with the OOD approved videoconference software prior to the start of the hearing. Telephonic testimony shall not be permitted. Proposed exhibits shall be exchanged between the parties and the hearing officer prior to the start of the hearing. OOD shall have the hearing recorded in a manner that may be transcribed. Any party may request a transcript of the hearing at their own expense.

(c) The impartial hearing officer shall issue a written report and final decision within thirty days of the completion of the hearing. The report and final decision shall be based on the state plan, the Rehabilitation Act of 1973, as amended, federal vocational rehabilitation regulations, and state vocational rehabilitation laws and Administrative Code, and OOD policies. The impartial hearing officer shall send by certified mail the report and final decision to the appellant, or appellant's legal representative if applicable, and to OOD.

(d) The time limits established in paragraphs (E)(2)(a) and (E)(2)(c) of this rule may be extended by mutual agreement of the parties, or for good cause shown at the request of either party made to the impartial hearing officer.

(e) The appellant shall be served with notice of the fair hearing in accordance with section 119.07 of the Revised Code, except that notice may also be served by electronic mail, with a delivery receipt and read receipt, after service by registered mail, then a certificate of mailing, and then personal service have failed.

(f) A civil action for review of the decision can be brought by either OOD or the appellant in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction. Any party filing an appeal shall also serve the notice of appeal on the opposite party.

(F) Either OOD or the appellant may request mediation. If mediation is agreed to by all parties, the mediation shall occur prior to a formal hearing.

(G) While an appeal is pending OOD shall not suspend, reduce, or terminate vocational rehabilitation services being provided to an appellant, including evaluation and assessment services, and IPE development absent consent of the appellant, an informal resolution, or final decision by an impartial hearing officer. A time-limited diagnostic service shall also continue to completion during the pendency of the appeal. An interruption or change in service dates shall not be considered to be a suspension, a modification, or a termination of services.

(1) A service may be modified suspended, or terminated if OOD has evidence the service was obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative.

(2) A service may be suspended if OOD has evidence the service violates federal regulations or state vocational rehabilitation laws or Administrative Code.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15(A), 3304.20
Five Year Review Date: 11/1/2025
Prior Effective Dates: 4/22/1991, 3/12/1993, 1/20/2004, 5/21/2015
Rule 3304-2-63 | Confidentiality of information.
 

OOD collects and maintains confidential information on individuals. OOD, and anyone with access to the confidential information, shall keep such information confidential. OOD shall destroy individual information when the information is no longer necessary and relevant to the lawful functions of OOD, and when the destruction is permitted in accordance with other state and federal regulations that govern OOD.

Throughout this rule, the individual's legal guardian (court-appointed with authority to act in this area, or a parent for a minor) shall have the same rights as the individual. The individual's legal guardian shall sign any consent to release information.

(A) "Confidential information" means any information received about any individual who has been referred to OOD, has applied for services, is currently receiving services, or has received services.

(B) Within fifteen days of the individual's written request, OOD shall release any information contained in the individual's case record except for that information listed in paragraphs (D) to (D)(2) of this rule, and shall inform the individual of the individual's right to disagree with information that has been collected and how the individual may register the disagreement. The individual shall receive one copy of information on a one-time, no-cost basis.

(C) An individual may request in writing to review the individual's case record. On receiving the individual's request, OOD shall schedule a mutually convenient time for the individual to review the individual's case record.

(1) A counselor or supervisor shall be present during the individual's review.

(2) On request, the individual shall receive one copy of information on a one-time, no-cost basis.

(D) The individual shall not have access to the following information:

(1) Medical, psychological, or other information that an OOD medical or psychological consultant determines may be harmful to the individual or is marked confidential. Such information shall be released only to a third party designated by the individual, in writing, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual, in which case the information shall be released to the court-appointed representative. OOD shall not assume the cost for the interpretation of any information to the individual. The individual shall be informed of the procedure for obtaining the release of information to a third party if any information is removed from the case record under this section for the individual's review.

(2) OOD shall not release unpurchased information, or information which otherwise indicates the information shall not be shown to the individual. If the individual requests such information, the individual shall be referred to the source where the information was obtained.

(E) An individual may object to any information in the individual's case record. On receiving an objection, OOD shall review the disputed information for accuracy, relevance, timeliness, and completeness. OOD shall inform the individual of the results of the review and the action taken, if any, within ninety calendar days of the individual's objection.

(1) Unverified or inaccurate information about eligibility or justification for services provided or not provided shall not be destroyed, but shall not be used for any further purpose in evaluating eligibility or services.

(2) Information that cannot be verified or is inaccurate, and does not concern eligibility or services, shall be destroyed, or when possible, redacted or corrected.

At the individual's written request, OOD shall inform any person the individual designates that the disputed information has been removed.

(3) An individual not satisfied with the review and the action taken may submit a written rebuttal about information not destroyed, redacted or corrected. OOD shall place the individual's rebuttal in the individual's case record. OOD may add a statement explaining why the information was not destroyed.

At the individual's written request, OOD shall provide the rebuttal, or corrected record, to any person the individual designates.

(F) The individual, or the individual's legal guardian, may sign a general consent permitting OOD to provide confidential information to third parties to obtain or provide services to the individual. This includes, but is not limited to, obtaining services from service providers, vendors, other agencies, and facilities; to obtain placement from employers; to report to the referral source; and to provide information requested by law enforcement agencies. OOD shall inform the provider or cooperating agency the following on the release of confidential information:

(1) Whether any information shall only be released pursuant to the provisions in paragraph (D) of this rule;

(2) That the information shall not be released to others without the individual's consent; and

(3) That the information shall be used only for the purpose provided.

(G) OOD shall obtain the individual, or the individual's legal guardian, specific written consent to release confidential information for the following purposes.

(1) To permit any other person to have access to the individual's case record to which the individual has access. Any person so designated by the individual shall receive one copy of the individual's case record at no cost.

(2) To release information to the media, but OOD shall release only information that may be released to the individual.

(3) For a purpose not covered elsewhere in this rule.

(4) To respond to a subpoena request for an individual's records. The attorney who subpoenaed the records shall be responsible for obtaining the individual's written consent.

(H) OOD does not require consent from the individual to release confidential information for investigations in connection with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); to protect the individual or others when the individual poses a threat to the individual's safety or to the safety of others; in response to a court order; to report a felony as required by law; or when required by state or federal law.

In addition, OOD does not require the individual's consent to release individual confidential information to an organization, agency, or individual engaged in audit, evaluation, or research for purposes directly connected with the administration of the vocational rehabilitation program, or for purposes which would significantly improve the quality of life for persons with disabilities, and both of the following conditions are met:

(1) If the organization, agency, or individual assures that:

(a) The information shall be used only for the purposes for which it is being provided;

(b) The information shall be released only to persons officially connected with the audit, evaluation, or research;

(c) The information shall not be released to the individual;

(d) The information shall be managed in a manner to protect confidentiality;

(e) The final product shall not reveal any personal identifying information without the written consent of the individual, or the individual's legal guardian or legal representative; and

(2) The OOD executive director or designee has approved the release.

(I) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated May 15, 2021 at 12:08 PM

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.17, 3304.15(A)
Five Year Review Date: 5/15/2026
Prior Effective Dates: 4/4/1988
Rule 3304-2-65 | Order of selection.
 

(A) Definitions as applied to this rule.

(1) "Individual with a disability" means an indiviudal who has been determined eligible for vocational rehabilitation services puruant to rule 3304-2-54 of the Administrative Code but whose physical or mental impairement does not meet the definition of a significant disability or most significant disability.

(2) "Individual with a significant disability" means an individual with a disability who has a severe physical or mental impairement that seriously limits one or two functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills) in terms of an employment outcome; whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and who has one or more physical or mental disabilities or a combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(3) "Individual with a most significant disability" means an individual who meets the definition of an individual with a significant disability who has a severe physical or mental impairment that seriously limits at least three functional capacities as defined in paragraph (A)(2) of this rule.

(B) Individuals determined eligible for vocational rehabilitation services shall be assigned to one of the following order of selection priority categories: an individual with a disability, an individual with a significant disability, or an individual with a most significant disability.

(C) Any individual determined eligible for vocational rehabilitation services who is in jeopardy of losing employment, and who requires vocational rehabilitation services to maintain employment, shall be exempt from any delays in services as a result of an order of selection.

(D) OOD shall implement an order of selection when OOD determines, based on projected fiscal and personnel resources, that it will not be able to provide the full range of services, including pre-employment transition services, to all eligible individuals in the state.

OOD shall administer and implement the order of selection consistent with 34 CFR 361.36, except for those services provided in paragraph (C) of this rule.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15(A), 3304.17
Five Year Review Date: 7/1/2025
Prior Effective Dates: 2/26/1990, 5/21/2015
Rule 3304-2-66 | Conditions for providing self-employment services.
 

(A) OOD shall provide services to implement a self-employment business only after the individual with a disability has an attainable, written business plan as determined by OOD.

(B) OOD's financial contribution to purchase an existing business shall be preceded by a legal and fiscal review for liens, litigation or other hidden costs.

(C) OOD funds shall be used to support a self-employment outcome only when the individual with a disability is a majority owner of the business.

(D) OOD shall not participate as an ongoing investor in any business. The individual with a disability shall have alternate plans for continued business funding.

(E) Equipment purchased for the business shall be justified in the business plan and included in the individualized plan for employment.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15
Five Year Review Date: 7/1/2025
Rule 3304-2-67 | Home modifications.
 

(A) OOD may purchase home modifications only if they are necessary to enable the individual with a disability to participate in vocational rehabilitation services provided under an IPE, but also when needed to prepare for, secure, retain, advance in or regain an employment outcome.

(B) Home modifications shall only be made to the primary residence of the individual with a disability. "Primary" means the home from which the individual would usually leave to go to work.

(C) Home modifications shall not be made to new construction that has been built specifically for the individual with a disability.

(D) To enable an individual with a disability to leave the home, home modifications are limited to providing one entrance/exit from the home.

(E) Home modifications are limited to equipment and minimum modifications to enable the individual with a disability to participate in OOD services for employment, but also when needed to prepare for, secure, retain, advance in or regain an employment outcome.

(F) To enable the individual with a disability to work at home, OOD may make additional essential modifications including equipment and access into a room of the home that is used to perform the work.

(G) Home modifications may include a room addition, but only when a cost analysis indicates such construction is more cost effective than other modifications or options.

(H) Modifications may be made to rental property for accessibility and shall be temporary or portable whenever possible. Written permission shall be obtained from the landlord prior to beginning the modification.

(1) A written agreement between the landlord and the individual with a disability shall be signed by both parties and should outline the future responsibilities of each party should the individual with a disability vacate the property.

(2) A copy of the agreement between the landlord and the individual with a disability shall be provided to OOD prior to any modification(s).

(I) The OOD counselor shall authorize a rehabilitation technologist, rehabilitation engineer or architect to perform the home accessibility evaluation. The evaluator, and any company in which the evaluator holds an interest, is prohibited from bidding on the project.

(J) An inspection shall be performed to determine if the property needs to be brought up to code before modifications are authorized. If modifications require upgrading existing systems (e.g. plumbing, electrical, etc.), the cost of upgrading these systems to meet building codes is the responsibility of the individual with a disability in accordance with rule 3304-2-52 of the Administrative Code.

(K) The successful bidder shall provide a one-year warranty from the date of final acceptance of work against defective workmanship and shall guarantee that all materials/products/appliances installed or furnished perform their advertised function. Additional warranties may be provided by relevant manufacturers.

(L) After the home modification is completed and final payment is issued to the contractor, the home modification equipment shall be released to the individual with a disability. OOD will have no further responsibility or liability for maintenance, repair, replacement, removal or restoration of the site.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15
Five Year Review Date: 7/1/2025
Prior Effective Dates: 9/30/1985, 5/19/2005