109
power Oklahomans with Disabilities Commission for Rehabilitation Services Commissioners Emily Cheng, April Danahy and Jack Tucker Regular Meeting January 8, 2017 Department of Rehabilitation Services 3535 NW 58th Street, Suite 200 Oklahoma City, OK 73112 Empower Oklahomans with Disabilities

Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page 1: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

power Oklahomans with Disabilities 

Commission for Rehabilitation Services

Commiss ioners Emi ly Cheng, Apr i l Danahy and Jack Tucker

Regular Meeting

January 8, 2017

Department of Rehabilitation Services 3535 NW 58th Street, Suite 200

Oklahoma City, OK 73112

Empower Oklahomans with Disabilities

Page 2: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

State Of Oklahoma Commission for Rehabilitation Services

3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am

Regular Meeting April Danahy – Commission Chair Emily Cheng – Commission Vice-Chair Jack Tucker – Commission Member

1. Call to Order and Roll Call

Commission Chair

2. Statement of Compliance with Open Meeting Act

Commission Assistant

3. Introduction of Guests

Commission Chair

4. Public Comments

Public Audience

REPORTS The 1st page # is for preprinted packets and the 2nd # is for those off the web Page#

5. Director’s report with possible Commission discussion. The report includes the Order of Selection Update; strategic coordination; process improvement, Access for All; current activities of divisions within the Department; and Agency and Cross-Agency and Community Partnerships.

Noel Tyler, Director 5

6. Financial Status FY17 and FY18 reports as of November 30, 2017 with possible Commission discussion.

Kevin Statham, 10 Chief Financial & Officer 19 / 17

7. Personnel Activity report as of December 22, 2017 with possible Commission discussion. The Activity report has current FTE status.

Tom Patt, 35 / 25 Human Resources Programs Director

ACTION ITEMS

8. 9.

Legislature Report with possible Commission discussion and vote. The report includes recent budget information; and legislation requested by DRS. Review and discussion with possible vote to approve the December 12, 2017 Commission for Rehabilitation Services Regular Meeting Minutes.

Kevin Nelson, 44 / 31 Legislative Liaison Commission Chair 46 / 33

Page # 1

Page 3: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

10.

Review and Discussion with possible vote to approve the Proposed Administrative Rule and Internal Policy changes.

612:1-5-2. Division of Vocational Rehabilitation (DVR) [AMENDED] 612:1-5-3. Division of Visual Services (DVS) [AMENDED] 612:1-7-3. Relationships with state boards: ex officio representation from the Department [AMENDED] 612:1-7-4. Relationships with federal officials [AMENDED] 612:3-3-20. Department of Rehabilitation Services recruitment and selection plan [AMENDED] 612:10-1-2. Definitions [AMENDED] 612:10-3-5. Basic living requirements [AMENDED] 612:10-7-24.3. Trial Work Experience and Extended Evaluation [AMENDED] 612:10-7-24.5. Closed – Not Accepted for Services [AMENDED] 612:10-7-25.1. Order of selection [AMENDED] 612:10-7-45. Case statuses and case flow [AMENDED] 612:10-7-58. Closed Rehabilitated [AMENDED] 612:10-7-201. Rehabilitation teaching services [AMENDED] 612:10-9-1. Philosophy and scope of program [AMENDED] 612:10-9-2. Consumer rights [AMENDED] 612:10-9-3. Rehabilitation teacher’s role [AMENDED] 612:10-9-13. Case recording [AMENDED] 612:10-9-15. Case status [REVOKED] 612:10-9-17. Application Status [REVOKED] 612:10-9-18. Closure from Application [REVOKED] 612:10-9-19. Eligibility Status [REVOKED] 612:10-9-20. Service Status [REVOKED] 612:10-9-21. Successful Closure [ REVOKED] 612:10-9-22. Unsuccessful Closure after IPE Initiation [REVOKED] 612:10-9-24. Closed from Eligibility Status [REVOKED] 612:10-9-25. Post-Employment Service Status [REVOKED] 612:10-9-26. Post-Employment Closure Status [REVOKED]

Tina Calloway, 50 / 37 Process Improvement Team

Page # 2

Page 4: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

11. 12. 13.

612:10-9-33. Communication Skills [AMENDED] 612:10-9-34. Personal management skills [AMENDED] 612:10-9-34.2. Indoor mobility Mobility within home environment [AMENDED] 612:10-9-34.3. Other adaptive skills [REVOKED] 612:10-9-35. Home management [AMENDED] 612:10-9-37. Referral for support services [AMENDED] 612:10-9-38. Vocational rehabilitation [AMENDED] 612:10-13-16. Evaluation [AMENDED] 612:10-13-17. Evaluation team [AMENDED] 612: 10-13-18. Fees [AMENDED] 612:10-13-20. Certification maintenance [AMENDED] DRS:3-3-27. Department of Rehabilitation Services promotional plan [AMENDED] Review and discussion with possible vote for approval of the December, 2017 donations to the Oklahoma Library for the Blind and Physically Handicapped. Review and discussion with possible vote for approval of the December, 2017 donations to the Oklahoma School for the Blind. Review and discussion with possible vote for approval of the December, 23017 donations to the Oklahoma School for the Deaf.

Kevin Treese, 117 / 104 Program Manager Rita Echelle, 119 / 106 Superintendent Larry Hawkins, 121 / 108 Superintendent

14. New Business (“Any matter not known about or which could not have been reasonably foreseen prior to the time of posting.” 25 O.S. § 311)

Commission Chair

15. Announcements Date and location of next regular meeting of the Commission for Rehabilitation Services: Monday, February 12, 2018 at 10:30 am. Department of Rehabilitation Services 3535 NW 58th Street, Suite 200 Oklahoma City, OK 73112

Commission Chair

16. Adjournment Commission Chair

Page # 3

Page 5: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Page # 4

Page 6: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

January 8, 2018 OKDRS Regular Commission Meeting Submitted by Noel Tyler, ODRS Director

Order of Selection Update Priority Group 1 458 Priority Group 2 2,488 Priority Group 3 281 Grand Total 3,227 Oklahoma Works – Building Oklahoma’s Workforce General Workforce Information:

DRS is in the process of reviewing and agreeing to Infrastructure Funding Agreements to share costs in the Workforce System and to also consider co-locating with other Workforce partners.

DRS continues to assist the Workforce Directors with accessibility of the

comprehensive centers.

Executive – Strategic Coordination

Retirement

Jean Jones after thirty-eight years of state service, effective January 1, 2018. Jean has served DRS long and faithfully as Public Information Manager and Legislative Information Representative. In the latter role, she kept DRS officials informed of legislative proposals at both the state and national level and their potential impact on the DRS mission. Prior to her DRS service, Jean worked for the Oklahoma Office of Handicapped Concerns, managing the information services branch of that agency; and the Oklahoma Employment Security Commission, where she was a senior interviewer, coordinating local office services for applicants with disabilities and vocational rehabilitation clients, among others. Jean received her B.A. in English and French at Southern Methodist University and her Teachers Certificate in Secondary English from the University of Oklahoma. Jean’s analytical and communication skills and her professionalism are without equal. Strategic Plan – Performance Metrics Update

The DRS goal is to increase the percentage of DRS clients with disabilities who find

employment from 50% in 2014 to 60% by 2018.

Reported 54% in FFY 2016 (10/1/15 to 9/30/16)

Reported 50% in FFY 2017 (10/1/16 to 9/30/17)

Next year we will be transition this report from the FFY to the Program Year (July 1 through

June 30).

Page # 5

Page 7: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

What do the results mean?

In 2014 DRS was fully funded, in 2015 DRS received a 1.31% reduction and in 2016 a

3.17% reduction.

This resulted in closing of priority groups which affects how we serve individuals with

disabilities. Economic downturn disproportionately affects employment of individuals with

disabilities.

What actions are we taking?

The current action is to closely review the budget monthly to identify capacity of releasing

job seekers off of the order of selection waiting list.

Process Improvement (PI)

AWARE

The AWARE team rolled out a new iDRS site called ‘AWARE Info’. It will provide AWARE users a place to go for announcements, special instructions, answers to frequently asked questions and a variety of case management reference materials.

Program Standards, Statistical Research

The research staff began preparing for the 2018 VR/VS Open Case survey and the 2018 Training Needs assessment, and completed analysis and reporting on the second parent of a youth with disabilities survey.

Access for All

Consultation Activities

A call was received from a State Representative based on information given him by a conversation held on November 6th with a consumer. He requested information on how other states, e.g. Texas, California, and Illinois, handle issues regarding inspections and legal requirements for ensuring property owners are adequately addressing issues of accessibility in their buildings.

A call was received from an individual seeking a prospective trainer for addressing accessibility in the built environment for building inspectors in Oklahoma. There would be three full-day trainings at different locations in Oklahoma.

Page # 6

Page 8: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Training Activities

On December 6th two separate trainings on the use and set-up of the new Phonak portable sound system were conducted for the benefit of State Office staff and other interested staff persons. Preparation for this training took place over several days and involved detailed investigation of the available user guides for the product and live testing of the system.

On December 15th two separate trainings on disability etiquette and Access for All issues were conducted for Central Oklahoma Workforce staff. This was the sixth such training conducted in conjunction with Oklahoma ABLETech.

Program and Management Services

Disability Determination Service (DDS)

The DDS has completed the first quarter of FY 18 which is starting off to be another

successful year. The month of December was a busy month which included an

opportunity to provide a day to meet with the staff to acknowledge our successes in FY

17 and challenges for FY 18. Dallas Regional Commissioner Sheila Everett was in

attendance for this event and highlighted the successes the DDS had throughout the

year and also presented to two awards from Social Security to DDS staff Brenda

Knutson, and Steve Chelf for their great customer service.

Because the DDS is 100% federally funded, the continuing resolutions at the federal

level are closely watched. The DDS works with State Office throughout this process to

ensure contingency plans are in place in the event of a federal government shutdown to

mitigate the negative impact on the customers they serve.

Oklahoma remains one of only three Extended Service Teams (EST) which provides

capacity to serve the disabled community throughout the nation. The EST began to see

increased receipts towards the end of the first quarter.

An SSA Audit showed that in the Nation as a whole, the backlog of disability hearings

for those individuals appealing a cessation of their benefits, brings with it a cost of over

$600 million. Therefore, there is an emphasis by SSA to bring this workload to currency

to reduce the cost to the program. While the Oklahoma DDS is current on our

workload, they are able to provide capacity to SSA in a way to reduce this program

cost.

The DDS has worked with Nancy Hurst and her team to implement a leadership

development program. This program includes elements of leadership in both personal

development as well as program development. The second group is beginning in

January.

Page # 7

Page 9: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Oklahoma School for the Blind (OSB)

OSB celebrated the end of the year with an Elementary Christmas Program directed by

Chris Ferrell. Also, Lynn Cragg, Principal, accepted a check for $11,250 from Masonic

Lodge #502 which included matching funds from the Spaghetti Dinner to help offset the

costs of the South Central Association of Schools for the Blind Wrestling and

Cheerleading Competition which will be hosted by OSB January 19-20, 2018.

OSB and Oklahoma State Department of Education are working on an initiative to

provide IPads to all students at OSB. Other partnership agreements including VI

Teacher Institute and Outreach services are also being discussed.

Due to student growth, an additional elementary teacher will be added on a temporary

contact to finish the school year.

Classes will resume at OSB on January 8, 2018.

Oklahoma School for the Deaf (OSD)

Dylan Evans received an award from CBS Sports Radio Network of Prep Player of the week, at the radio station in OKC.

On December 6th, the 5th-8th grade went to the Sam Noble Museum.

PK-4th and Caroline's class, got to take a trip on the Polar Express Train on December 6th, and had a Christmas Party in the afternoon.

The Key Club had a donation drive for the Little Lighthouse in Tulsa and delivered Blessing Baskets to the students on December 13th.

The Wellnitz Foundation in Ardmore, donated $5,000.00, for each student to receive a Walmart gift card. Each student was given a $43.10 gift card for Christmas. The students were taken to Walmart to use their gift card to purchase anything they wanted.

OSD students wrote, choreographed, and produced the Christmas program that was performed on December 21.

Agency or Cross-Agency or Community Partnerships 1. Health and Human Service Cabinet 2. WIOA Core Partners 3. OSB 4. OSD 5. Cabinet Secretary Buck 6. CSAVR

Page # 8

Page 10: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Page # 9

Page 11: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page 12: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 11

Page 13: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 12

Page 14: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 13

Page 15: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 14

Page 16: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 15

Page 17: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 16

Page 18: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 17

Page 19: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 18

Page 20: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 19

Page 21: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 20

Page 22: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 21

Page 23: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

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Page # 22

Page 24: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Dep

art

me

nt

of

Reh

ab

ilit

ati

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7 o

f 7

Page # 23

Page 25: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Page # 24

Page 26: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 25

Page 27: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Div

isio

n

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Page # 26

Page 28: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Div

isio

n

Tit

le/P

IN

Dat

e V

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te

Page # 27

Page 29: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

RES

IGN

ATIO

NS/

RET

IREM

ENTS

/SEP

ARAT

ION

S =

4

SU

PPOR

T SE

RVIC

ES D

IVIS

ION

(Exe

cutiv

e/M

SD/F

SD)

Ret

ired

– 1

1

= 2

1 y

ears

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onth

s D

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ION

OF

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TION

AL R

EHAB

ILIT

ATIO

N

Ret

ired

– 1

1

= 2

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ars

5 m

onth

s VI

SUAL

SER

VICE

S D

IVIS

ION

N

ON

E OK

LAH

OMA

SCH

OOL

FOR

THE

BLIN

D

Ret

ired

– 2

1

= 1

2 y

ears

4 m

onth

s 1

= 2

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ears

5 m

onth

s OK

LAH

OMA

SCH

OOL

FOR

THE

DEA

F N

ON

E D

ISAB

ILIT

Y D

ETER

MIN

ATIO

N D

IVIS

ION

N

ON

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Page # 28

Page 30: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

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Page # 29

Page 31: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

Page # 30

Page 32: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

January Legislative Report 

Budget: 

The Board of Equalization met and certified revenues for the FY 2019 budget.   

General Revenue Fund collections for FY2019 are estimated to increase $425.3 

million ($175 million from legislation passed during the 2017 regular session, $92.8 

million from HB1085X passed during the first special session and $31.2 million in 

mixed beverage receipt tax revenue from the alcohol modernization measure 

approved by voters in November, 2016.    The comparison of expenditures to 

appropriations authority shows FY2019's total appropriations authority, excluding 

the Rainy‐Day Fund, agency revolving funds and re‐appropriations, is expected to 

increase $84.0 million or 1.2 percent over FY2018's recertified level.    When 

appropriations for the current fiscal year from the Rainy‐Day Fund, agency revolving 

funds and re‐appropriations are figured into the calculation, lawmakers will need 

$118.7 million to fill the FY2019 budget hole.   

Legislation: 

We have requested two pieces of legislation for DRS and the School for the Deaf this 

next session.    Sen. Simpson has agreed to author both bills. 

The first involves our blind vending program.    We license the blind vendors that go 

into state and federal facilities.    Once they are there, they establish their own 

contracts with suppliers and other support vendors.    Last year we were sued by a 

contractor of our Fort Sill vendor for $4.2 million because our vendor decided to go 

with a different vendor.    We would like to make clear in statute that DRS is not 

liable for the actions of its vendors.     

The second is a change to the hearing impaired revolving fund charge of 5 cents per 

land line.    Since the number of land lines have gone down significantly, we would 

like to apply it to cell phones as well.     

We would ask Commission approval to proceed with these legislative proposals. 

Otherwise, bill text will be released January 18th and session starts February 5th.   

Keep in mind that because this is the second year of session, all the bills dormant 

from last year are now alive again. 

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Page 34: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

 

State of Oklahoma Commission for Rehabilitation Services Department of Rehabilitation Services

3535 NW 58th Street, Suite 200 Commission Minutes December 11, 2017

PRESENT April Danahy, Commission Chair Emily Cheng, Commission Vice-Chair Jack Tucker, Commission Member CALL TO ORDER AND ROLL CALL The meeting was called to order at 10:30 am by Commission Chair Danahy. A quorum was declared. STATEMENT OF COMPLIANCE The Commission Assistant confirmed the Commission for Rehabilitation Services is in compliance with the Open Meetings Act. INTRODUCTION OF GUESTS There were no guests. PUBLIC COMMENTS No public comments.

REPORTS DIRECTOR REPORT Commissioner Danahy recognized Noel Tyler. She updated the information on the Order of Selection stating there are 3,055 clients on the waiting list. She further reported on Oklahoma Works and its subcommittees. She gave an update on Access for All; Visual Services activities; Vocational Rehabilitation activities and production; and Central Departmental Services. Director Tyler attended twenty agency, cross-agency and community partnership meetings for the month. FINANCIAL STATUS REPORT Commissioner Danahy recognized Kevin Statham. He gave the Financial Status Reports for FY17 and FY18 as of October 31, 2017. PERSONNEL ACTIVITY Commissioner Danahy recognized Tom Patt, Human Resources Program Director, who gave the personnel activity report as of November 27, 2017.

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ASSISTIVE TECHNOLOGY KIT DISPLAY Commissioner Danahy recognized Linda Jaco, Associate Director of ABLE-Tech. She gave a presentation on kits being provided and trained on within the workforce system, a partnership between DRS and ABLE-Tech. PROPOSED INTERNAL AND EXTERNAL POLICY Commissioner Danahy recognized Tina Calloway, Administrative Programs Officer in the Process Improvement Team. She presented the proposed internal and external policy changes for review and discussion to be voted on in the January meeting. VOCATIONAL REHABILITATION Commissioner Danahy recognized Ray Turner, Project Coordinator reporting for Mark Kinnison. He reported on production statistics on successful cases; coordination with the Cherokee National Tribal VR program; training; and WIOA updates. OKLAHOMA REHABILITATION COUNCIL Commissioner Danahy recognized Renee Sansom, Program Manager. She reported on success stories; national conferences; state, and city conferences and meetings; Transition survey planning; and joint coordination with the Process Improvement Unit on projects. STATEWIDE INDEPENDENT LIVING CENTER REPORT Sidna Madden, Executive Director was not in attendance due to illness. Noel Tyler, DRS Director, said she had attended SILC meetings and the report submitted by Sidna Madden reflected the actions of SILC. There was technical assistance training; conferences; and appointments to SILC.

ACTION ITEMS COMMISSION MEETING MINUTES FOR NOVEMBER 13, 2017 Commissioner Danahy asked for review and discussion with possible vote to approve the November 13, 2017 Commission for Rehabilitation Services regular Meeting Minutes.

Motion was made and seconded to approve the November 13, 2017 minutes. Commissioners voted in the affirmative. Motion passed.

OKLAHOMA LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED Commissioner Danahy recognized Kevin Treese, Program Manager, to present the October, 2017 donation report for review and discussion with possible vote for approval.

Motion was made and seconded to approve the November, 2017 donations. Commissioners voted in the affirmative. Motion passed.

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OKLAHOMA SCHOOL FOR THE BLIND Commissioner Danahy recognized Rita Echelle to present the November, 2017 donation report for review and discussion with possible vote for approval.

Motion was made and seconded to approve the November, 2017 donations. Commissioners voted in the affirmative. Motion passed.

OKLAHOMA SCHOOL FOR THE DEAF Commissioner Danahy recognized Larry Hawkins, Superintendent, to present the November, 2017 donation report for review and discussion with possible vote for approval

Motion was made and seconded to approve the November, 2017 donations. Commissioners voted in the affirmative. Motion passed.

PRESENTATION OF COMMISSION AWARD Commissioner Danahy said the Commission Award will be presented at the meeting in January. PRESENTATION OF DIRECTOR AWARD Commissioner Danahy recognized Director Tyler for the recognition of the recipient of the Director’s Award. Commissioner Danahy presented the Director Award to Jean Jones. Jean Jones is the Legislative Information Representative. Jean has worked for the state for 38 years. She is dedicated to keeping everyone informed and up to date on state and federal legislation as it happens. She is retiring December 31 and will be missed by all DRS employees, especially for her expertise and knowledge. NEW BUSINESS Commissioner Danahy asked if there was any New Business. There was none. ANNOUNCEMENTS Date and location of next regular meeting of the Commission for Rehabilitation Services: Monday, January 8, 2018 at 10:30 am 3535 NW 58th Street, Suite 200 Oklahoma City, OK 73112 ADJOURNMENT Meeting was declared adjourned by Commission Chair Danahy. Respectfully submitted by Carol Brown, Assistant to the Commissioners

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Page 38: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

OKLAHOMA COMMISSION FOR REHABILITATION SERVICES

EXECUTIVE SUMMARY

DRS ADMINISTRATIVE RULES CHAPTER 1. ADMINISTRATIVE OPERATIONS

CHAPTER 3. MANAGEMENT SERVICES DIVISION CHAPTER 10. VOCATIONAL REHABILITATION AND VISUAL SERVICES

CHAPTER 20. SPECIAL SCHOOLS

December 11, 2017

ISSUE: Revisions to Chapter 1 consist of removing the references to the Independent Living Program which is no longer operated by the Division of Vocational Rehabilitation. Adding language to clarify the Division of Visual Services may serve individuals with sight threatening progressive conditions or functional limitations due to sight loss. Updating statutory references and removing descriptive material that no longer matches current law and revise the description of the relationship between DRS and the SILC to reflect changes in federal law (WIOA). Update agency and program names to remove obsolete references. Revisions to Chapter 3 consist of recent revisions of the merit rules to clarify career progression to supervisory levels, employment application process and probationary period guidelines. Revisions to Chapter 10 consist of definition updates, removal of extended evaluation language and removal of homemaker employment outcome language to reflect WIOA changes. Basic living requirements revised to lower the family income level above which a VR client will be required to participate in the cost of services. Revoke case status policy along with following case status policies due to the Rehab Act’s elimination of Homemaker as an acceptable employment outcome for the VR program. Amended language to clarify the interpreter evaluation process, qualifications, evaluation fees and certification maintenance. Update definitions for Priority Groups 1 & 2 for clarity and incorporate current federal regulations terms. Policy titles modified to better describe policy content and removal of antiquated language.

Revisions to Chapter 20 consist of updating statutory citations and quotes from statute to conform to current statute. BACKGROUND: Due to changes in procedures and agency names, changes in our policy are now necessary. STAFF RECOMMENDATION: Review and discuss:

612:1-5-2. Division of Vocational Rehabilitation (DVR) [AMENDED]

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612:1-5-3. Division of Visual Services (DVS) [AMENDED] 612:1-7-3. Relationships with state boards: ex officio representation from the Department [AMENDED] 612:1-7-4. Relationships with federal officials [AMENDED] 612:3-3-20. Department of Rehabilitation Services recruitment and selection plan [AMENDED] 612:10-1-2. Definitions [AMENDED] 612:10-3-5. Basic living requirements [AMENDED] 612:10-7-24.3. Trial Work Experience and Extended Evaluation [AMENDED] 612:10-7-24.5. Closed – Not Accepted for Services [AMENDED] 612:10-7-25.1. Order of selection [AMENDED] 612:10-7-45. Case statuses and case flow [AMENDED] 612:10-7-58. Closed Rehabilitated [AMENDED] 612:10-7-201. Rehabilitation teaching services [AMENDED] 612:10-9-1. Philosophy and scope of program [AMENDED] 612:10-9-2. Consumer rights [AMENDED] 612:10-9-3. Rehabilitation teacher’s role [AMENDED] 612:10-9-13. Case recording [AMENDED] 612:10-9-15. Case status [REVOKED] 612:10-9-17. Application Status [REVOKED] 612:10-9-18. Closure from Application [REVOKED] 612:10-9-19. Eligibility Status [REVOKED] 612:10-9-20. Service Status [REVOKED] 612:10-9-21. Successful Closure [ REVOKED] 612:10-9-22. Unsuccessful Closure after IPE Initiation [REVOKED] 612:10-9-24. Closed from Eligibility Status [REVOKED] 612:10-9-25. Post-Employment Service Status [REVOKED] 612:10-9-26. Post-Employment Closure Status [REVOKED] 612:10-9-33. Communication Skills [AMENDED] 612:10-9-34. Personal management skills [AMENDED] 612:10-9-34.2. Indoor mobilityMobility within home environment [AMENDED] 612:10-9-34.3. Other adaptive skills [REVOKED] 612:10-9-35. Home management [AMENDED] 612:10-9-37. Referral for support services [AMENDED] 612:10-9-38. Vocational rehabilitation [AMENDED] 612:10-13-16. Evaluation [AMENDED] 612:10-13-17. Evaluation team [AMENDED] 612: 10-13-18. Fees [AMENDED] 612:10-13-20. Certification maintenance [AMENDED] DRS:3-3-27. Department of Rehabilitation Services promotional plan [AMENDED]

BUDGET IMPACT: The proposed policy sections should have no impact on the budget. ATTACHMENTS/PACKET SUPPORT DOCUMENTS:

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612:1-5-2, 612:1-5-3, 612:1-7-3, 612:1-7-4, 612:3-3-20, 612:10-1-2, 612:10-3-5, 612:10-7-24.3, 612:10-7-24.5, 612:10-7-25.1, 612:10-7-45, 612:10-7-58, 612:10-7-201, 612:10-9-1, 612:10-9-2, 612:10-9-3, 612:10-9-13, 612:10-9-15, 612:10-9-17, 612:10-9-18, 612:10-9-19, 612:10-9-20, 612:10-9-21, 612:10-9-22, 612:10-9-24, 612:10-9-25, 612:10-9-26, 612:10-9-33, 612:10-9-34, 612:10-9-34.2, 612:10-9-34.3, 612:10-9-35, 612:10-9-37, 612:10-9-38, 612:10-13-16, 612:10-13-17, 612:10-13-18, 612:10-13-20, DRS:3-3-27

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Page 41: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

612:1-5-2. Division of Vocational Rehabilitation (DVR) [AMENDED] 1

2

The Division of Vocational Rehabilitation provides vocational rehabilitation services 3

designed to result in an employment outcome for persons with disabilities. Priority is given 4

to those with the most severe disabilities. The Independent Living Program provides 5

services to persons with severe disabilities to allow more independent functioning within the 6

family or community. Employment Support Services (ESS) oversees an array of support 7

services assisting field staff in securing employment and increasing independent living 8

skills for agency clients. ESS administers contracts and provides technical assistance to 9

community rehabilitation facilities contracting with DRS to provide Supported Employment, 10

Employment and Retention, Job Placement and Consumer Independence Support 11

Services. ESS also administers the Ticket to Work Program, including follow-up on Social 12

Security cases. Special Services for the Deaf and Hard of Hearing Unit are provided 13

through Interpreter Services Program and the Telecommunications Devices for the Deaf 14

(TDD) Program. All unit heads, and the Vocational Rehabilitation Field Coordinators report 15

directly to the Division Administrator. DRS has field staff assigned to meet the needs in 16

every county of the state, although staff may not be officed in each county. Local office staff 17

report to DVR Program Managers, who report to Field Coordinators at the State Office. 18

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612:1-5-3. Division of Visual Services (DVS) [AMENDED] 1

2

The Division of Visual Services provides diagnostic, counseling and guidance, physical 3

restoration, training, and other services to individuals whose major disability is blindness, or 4

severe visual impairment, a progressive sight threatening disease, or functional limitation 5

resulting from sight loss. All departmental managers and Visual Services Field 6

Coordinators report directly to the Division Administrator or designee. Rehabilitation 7

teachers for the blind provide in-home training, counseling and instruction in daily-living 8

skills to blind and visually impaired individuals. DRS has field staff assigned to meet the 9

needs in every county of the state, although staff may not be officed in each county. Local 10

office staff report to VS Program Managers, who report to the Field Coordinators. The 11

Oklahoma Library for the Blind and Physically Handicapped provides books and magazines 12

in special media to blind and print-limited Oklahomans. The Division of Visual Services 13

administers the Randolph-Sheppard Business Enterprise Program in Oklahoma, securing 14

suitable locations for vending facilities; designing and installing equipment; recruiting, 15

training, placing and supervising operators for the facilities. 16

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Page 43: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

612:1-7-3. Relationships with state boards: ex officio representation from the 1

Department [AMENDED] 2

3

(a) State Rehabilitation Council. SectionsSection 101 and 105725 of the Rehabilitation 4

Act requires the Statestate Rehabilitation Agency establish a OklahomaState Rehabilitation 5

Council. The Council membership is appointed by the Governor, and is to be composed of 6

at least one representative of the Statewide Independent Living Council; at least one 7

representative of a parent training and information center; at least one representative of the 8

Client Assistance Program; at least one rehabilitation counselor serving as an ex officio 9

member; at least one representative of community rehabilitation program service providers; 10

four representatives of business, industry and labor; representatives of disability advocacy 11

groups; and current or former applicants for, or recipients of, rehabilitation services 12

consistent with the provisions of 29 USC Section 725. The Director of the Department of 13

Rehabilitation Services serves as an ex officio member of the Council. Refer to Section 14

105 of the Rehabilitation Act for membership qualifications. The Council reviews, analyzes, 15

and advises the Department regarding the performance of its responsibilities under the 16

Rehabilitation Act; helps develop the State Plan; and performs other functions as specified 17

in Section 105725 of the Rehabilitation Act. 18

19

(b) Statewide Independent Living Council. Section 705706d of the Rehabilitation Act 20

requires the State establish a Statewide Independent Living Council (SILC). Membership 21

of the Council is appointed by the Governor consistent with 29 USC 796(b). The 22

membership is composed of at least one director of a center for independent living chosen 23

by the directors of centers for independent living within the State; a representative from the 24

Department of Rehabilitation Services serving as an ex officio member; representatives 25

from other state agencies that provide services to individuals with disabilities who also 26

serve as ex officio members. Other members are appointed as appropriate, and may 27

include other representatives from centers for independent living; parents and guardians of 28

individuals with disabilities; advocates of and for individuals with disabilities; 29

representatives from private business; representatives from organizations that provide 30

services for individuals with disabilities; and other appropriate individuals. Refer to Section 31

705 of the Rehabilitation Act for qualifications of members. When serving as the 32

Designated State Entity (DSE) for receipt and disbursement of federal independent living 33

funds as authorized by 29 USC 796c(c), the Department of Rehabilitation Services (DRS) 34

has a non-voting member position on the SILC. The Council develops and submitssubmit, 35

in conjunction with the Department, the State Plan for Independent Living as described in 36

Section 704796c of the Rehabilitation Act, and monitors implementation of the State Plan. 37

The Council also monitors, reviews, helps develop and evaluates the implementation of the 38

State Plan. The Director of the DSE is a required signer for submission of the State Plan. 39

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612:1-7-4. Relationships with federal officials [AMENDED] 1

2

(a) The Department of Education. The Department of Education (DOE) is the cabinet-3

level agency which establishes policy for, administers, and coordinates most federal 4

assistance to education. Created in 1979, pursuant to P.L. 96-88, DOE carries out 5

functions impacting elementary and secondary education, post-secondary education, and 6

education of individuals with disabilities. DOE is also responsible for administration of 7

Vocational and Adult Education services and for Special Education and Rehabilitation 8

Services. The Rehabilitation Services Administration (RSA), United States Department of 9

Education, is the principle federal agency charged with carrying out the Rehabilitation Act. 10

The State Department of Rehabilitation Services must submit a State Plan conforming to 11

the requirements of the Rehabilitation Act to the Commissioner of RSA in order to be 12

eligible to participate in programs under the Rehabilitation Act. Most of the funding for the 13

State Department comes from RSA which promulgates policies and procedures the State 14

Department must follow consistent with the requirements of the Rehabilitation Act. 15

16

(b) Department of Health and Human Services. The Department of Health and Human 17

Services (DHHS) is a cabinet-level department of the federal executive branch. It was 18

created in 1953 as the Department of Health, Education, and Welfare, then was 19

redesignated in 1979 as the Department of Health and Human Services by the Department 20

of Education Organization Act. Among its other duties, DHHS administers the Social 21

Security Administration (SSA) and the Health Care Financing AdministrationCenters for 22

Medicare and Medicaid Services (CMS). 23

24

(1) The Social Security Administration's principle functions include program planning, 25

implementation, and evaluation on a long-range basis of problems pertinent to poverty, 26

insecurity, and health-care for the aged, blind, and disabled. SSA administers a 27

national program of contributory social insurance whereby employees, employers, and 28

the self-employed pay contributions, which are pooled in special trust funds so that 29

when earnings stop or are reduced because of retirement, death, or disability, monthly 30

case benefits may be paid, replacing parts of lost earnings. Additionally, SSA 31

administers the Supplemental Security Income (SSI) program. SSI is financed from 32

general revenues, rather than a special trust. SSI provides payments to the aged, 33

blind, and disabled whose income and resources are below amounts considered 34

necessary to support an acceptable standard of living. The Disability Determination 35

Division of DRS determines eligibility of persons for benefits administered by SSA. 36

37

(2) The Health Care Financing Administration (HCFA)The Centers for Medicare and 38

Medicaid (CMS) is the principle DHHS component with oversight of the Medicare and 39

Medicaid programs, the State Children’s Health Insurance Program (SCHIP) and 40

relatedother federal medicalhealth care quality-control functions. The Medicare 41

program provides basic health benefits to Social Security recipients. It is funded 42

through the Social Security Trust Fund. HCFACMS provides assistance to service 43

providers, such as hospitals, physicians, and nursing homes; to the intermediaries who 44

adjudicate claims; and to Medicare recipients. Medicaid provides medical services to 45

persons who cannot afford adequate health care. HCFA is responsible for 46

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administering grants and technical assistance to State and local organizations to 47

support medical care programs for the needy. To help carry out this responsibility, Peer 48

Review Organizations (PRO) have been established. The local physician-established 49

PRO's engage in ongoing peer review in order to assure that quality inpatient health-50

care services are provided participants in Medicare, Medicaid, and Maternal and Child 51

Health programs at a reasonable cost. Medical services provided by DRS are 52

authorized using the HCFA fee coding system, and reimbursement guidelines. 53

54

(c) Department of Labor. A Secretary and Under-Secretary lead the Department of Labor 55

and direct the activities of the Administrators of the various constituent organizational 56

elements. These include the Unemployment Insurance Service,and the U.S. Employment 57

Service, and the Office of Comprehensive Employment Development, allboth of which are 58

within the Employment and Training Administration. The Office of Disability Employment 59

Policy is also administered by DOL. Other major divisions are the Wage and Labor 60

Standards Administration, and the Manpower Administration. Funds from the Department 61

of Labor for the Job Training Partnership Act (JTPA) and other programs of concern to the 62

Department are generally distributed through local state agencies, such as, in Oklahoma, 63

the Oklahoma Employment Security Commission and the Oklahoma Department of 64

Economic and Community Affairs. 65

66

(d) National Library Service of Library of Congress. The Oklahoma Library for the Blind 67

and Physically Handicapped, operated by DRS, is the regional library for Oklahoma and a 68

part of the national network of libraries of the Library of Congress National Library Services 69

(NLS) for the Blind and Physically Handicapped. 70

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612:3-3-20. Department of Rehabilitation Services recruitment and selection plan 1

2

(a) Method of application. All applicants who are permanent classified employees, or 3

former permanent classified state employees eligible for reinstatement to the classified 4

service, shall submit a completed HCM Personal Data Summary Sheet form official State of 5

Oklahoma employment application-1 online with OMES-HCM at jobs.ok.gov for the position 6

to the DRS Human Resources Unit or other designated location no later than the closing 7

date and time stated in the posted notice. DRS does not carry over completed Personal 8

Data Summary Sheetsapplications from one posting to the next unless specified on the 9

posting. All other applicants for classified positions must apply by means of the method 10

indicated on the vacancy notice. The DRS Human Resources Unit OMES-HCM notifies 11

applicants who did not meet minimum education and experience requirements for the 12

position. Applicants may submit additional information to the DRS Human Resources 13

UnitOMES-Human Capital Management which reflects they meet the minimum 14

qualifications for the position. The Human Resources Unit will submit the additional 15

information to Human Capital Management for review. If Human Capital Management 16

determines that minimum qualificationqualifications for the position are met, the applicant 17

log may be amended and the applicant given consideration for the position if a final 18

selection has not been made by the selecting official. 19

20

(b) Optional Program for Hiring Applicants with Disabilities. Applicants that have been 21

certified as "a person with a severe disability" by Human Capital Management will be 22

included on the Special Appointment/Free Names list through HCM and may be considered 23

along with other qualified internal and external applicants. 24

25

(c) Eligibility for consideration. The agency may consider external applicants 26

concurrently with internal applicants following closing of the announcement. To be eligible 27

for consideration, applicants must meet the requirements set forth in Paragraphs (1) or (2) 28

of this Subsection. 29

30

(1) A permanent classified employee or a former state employee who is eligible for 31

reinstatement must: 32

33

(A) submit a completed HCM Personal Data Summary Sheet form for the position to 34

the DRS Human Resources Unit or other designated locationofficial State of 35

Oklahoma employment application online with OMES-HCM at jobs.ok.gov no later 36

than the closing date and time specified on the posting notice; and 37

38

(B) be certified by the HCM Applicant Services Division as meeting the minimum 39

qualifications for the posted Level(s) of the Job Family. However, career 40

progression promotions shall be exempt from this requirement provided that an 41

employee has been in a lower level of the job family for an amount of time equal to 42

the difference in the lengths of the experience requirements of the two levels. This 43

exception shall not apply in any case to entry into a job family or where the next 44

higher level is a supervisory position. 45

46

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(2) All other applicants for employment may be eligible for consideration through: 47

48

(A) an open competitive certificate from HCM; 49

50

(B) Certification as a person with a severe disability under 74 O.S. 840-4.12; and/or 51

52

(C) Special Disabled Veterans Certification. 53

54

(d) Factors for consideration. Paragraphs (1) through (5) establish factors for 55

consideration. 56

57

(1) In filling vacancies, the agency will consider factors such as performance 58

appraisals, education, experience, and other qualifications related to the expected 59

ability of an individual to perform the work successfully. 60

61

(2) The agency may also post and consider special additional factors such as limiting 62

consideration to permanent classified employees of the DRS, special working conditions 63

that an applicant must be willing to accept and selective qualifications required for a 64

position. 65

66

(3) A qualified permanent classified DRS employee will be given preference when the 67

merit, ability, and capacity of that employee is relatively equal to that of applicants from 68

outside DRS as determined by the selection process. 69

70

(4) A qualified permanent classified DRS employee with the greatest seniority based 71

upon the last date of continuous DRS employment will be given preference when the 72

merit, ability, and capacity of that employee is relatively equal to other applicants as 73

determined by the selection process. 74

75

(5) Consideration may be given to redress underutilization of targeted minority groups. 76

To meet affirmative action goals, all available applicants may be considered. 77

78

(e) Methods for consideration. Paragraphs (1) through (3) establish methods for 79

consideration. 80

81

(1) The methods for consideration may include review of personnel records, 82

applications, ratings, work histories, attendance records, test results, references, and 83

other documents and information relating to a person's eligibility or qualifications. 84

85

(2) Applicants may be required to participate in interviews and in other selection 86

procedures. 87

88

(3) A personal background investigation, including any civilian and military court 89

records may be conducted. 90

91

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(f) Entrance salary. The entrance salary for any position in the classified service shall be 92

governed by the Merit Rules. 93

94

(g) Probationary period (classified service). Individuals newly hired into the classified 95

service will serve a probationary period. The probationary period gives the new employee 96

an opportunity to demonstrate the ability to perform the assigned duties of the position. The 97

initial probationary period lasts for one year, except that the Director or Chief of Staff may 98

waive the remainder of the probationary period at any time after a probationary employee 99

has served six months by notifying the employee and Human Capital Management in 100

writing as to the waiver and the reasons for it. The probationary period may not be 101

extended. However, if a probationary employee is granted leave without pay that exceeds 102

5 working days, the date of the final working day of the probationary period shall be 103

adjusted by the number of working days the probationary employee was on leave without 104

pay in excess of 5 working days. Notification of such leave to Human Capital Management 105

and the employee shall include the scheduled date of the final working day of the adjusted 106

probationary period. The appointment of an employee on probationary status may be 107

terminated whenever the performance is determined to be unsatisfactory. The probationary 108

employee does not have the right of appeal to the Merit Protection Commission when 109

terminated during the probationary period [530:10-11-32]. The employee's immediate 110

supervisor is responsible for carefully observing and evaluating performance. The 111

performance evaluation of a probationary employee must be completed no later than thirty 112

days prior to the end of the probationary period. The Appointing Authority may not extend 113

the probationary period, but may adjust the probationary period due to an extended 114

absence as provided in 260:25-11-36: 115

116

(1) Upon written request, a probationary employee may be granted leave of absence 117

without pay from the agency in accordance with 260:25-15-47, Leave of absence 118

without pay, or 260:25-15-49, Leave because of absence due to job related illness or 119

injury. 120

121

(2) If a probationary employee is absent from work in excess of 30 continuous calendar 122

days, the probationary period shall be adjusted by the number of calendar days the 123

probationary employee was absent. The employee shall be notified at the earliest date 124

that the probationary period is to be adjusted. Upon the employee’s return to work, 125

notification of such adjustment shall be provided to the employee and the Human 126

Capital Management Division and shall include the adjusted date of the final working 127

day of the probationary period. 128

129

The appointment of an employee on probationary status may be terminated whenever the 130

performance is determined to be unsatisfactory. The probationary employee does not have 131

the right of appeal to the Merit Protection Commission when terminated during the 132

probationary period [260:25-11-32]. The employee’s immediate supervisor is responsible 133

for carefully observing and evaluation performance. The performance evaluation of a 134

probationary employee must be completed no later than thirty days prior to the end of the 135

probationary period. 136

137

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138

(h) Related employees (classified/unclassified service). The Department reserves the 139

right to make placements and work assignments of personnel as necessary to eliminate 140

and/or prevent situations in which a position is occupied by a relative of the senior 141

administrator of the relevant division, facility, or office. The Director may waive the 142

prohibitions in this Subsection. The Department prohibits the employment of any person in 143

a position which would result in: 144

145

(1) immediate supervision by a relative. Relative is defined to include wife, husband, 146

children, parents, stepparents, parents-in-law, grandchildren, grandparents, brothers, 147

sisters, stepchildren, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 148

aunts, uncles, nieces, nephews, first cousins or any of the above with whom the 149

employee shares a foster relationship; or 150

151

(2) two or more relatives reporting to the same immediate supervisor. 152

153

(i) Other employment, prohibition against use of position for personal gain and 154

avoidance of conflict of interest. Oklahoma Ethics Commission rules [OAC Title 257] 155

are applicable regarding prohibition against use of position for personal use. 156

157

(1) Each employee must, during office hours, devote full time, attention, and effort to 158

the Department's business. The employee may not use office hours for private gain. 159

160

(2) An employee may accept other employment outside the employee's assigned hours 161

of duty as long as such other employment does not interfere with the employee's work 162

with the Department. If an employee engages in other employment while an employee 163

of the Department, such employment or changes in the employment, as it occurs shall 164

be reported by use of the Report of Other Employment form. Such notification shall be 165

given to the employee's immediate supervisor. 166

167

(j) Final selection. While others may recruit, screen, consider and make 168

recommendations, the decision on all appointments and changes in classification is 169

tentative until it has the approval of the Director or designee. No offer of employment may 170

be made until notification of final approval is received from the Personnel Office of the DRS 171

Human Resources Unit. 172

173

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612:10-1-2. Definitions [AMENDED] 1 2

The following words and terms, when used in this Chapter, shall have the following 3 meaning, unless the context clearly indicates otherwise: 4

5 "Act" means the Rehabilitation Act [29 USC 701 et seq.]. 6 7 "ADL" Activities of Daily Living often refer to the routine activities carried out for 8

personal hygiene and health (including bathing, dressing, feeding) and for operation of a 9 household. 10

11 "Applicant" means an individual who has completed and signed an agency application 12

form or has otherwise requested vocational rehabilitation services; who has provided 13 information necessary to initiate an assessment to determine eligibility and priority for 14 services; and who is available to complete the assessment process. 15

16 "Assistive technology" means technology designed to be utilized in an assistive 17

technology device or service. 18 19 "Assistive technology device" means any item, piece of equipment, or product 20

system, whether acquired commercially, modified, or customized, that is used to increase, 21 maintain, or improve functional capabilities of individuals with disabilities. 22

23 "Assistive technology service" means any service that directly assists an individual 24

with a disability in the selection, acquisition, or use of an assistive technology device. 25 26 "Authorized Representative" means a client's or applicant's parent, guardian, 27

advocate (i.e. Client Assistance Program) or other person designated by the client or 28 applicant as the individual authorized to deal with the Department on behalf of the client or 29 applicant, consistent with provisions of the Act. Authorized representative does not include 30 an employee of the Department of Rehabilitation Services, another state agency, or vendor 31 of the Department unless the person is actually the parent, guardian, or is serving in the 32 capacity of guardian (for example: court appointed). 33

34 "Best correction" refers to the use of standard eyeglasses or contact lenses and does 35

not include the use of bioptic telescopic systems or specialized lenses which cannot be 36 worn by the individual on a sustained basis. 37

38 "Blind" means persons who are blind within the meaning of the State Law relating to 39

Vocational Rehabilitation. Legal blindness means a visual acuity of 20/200 or less in the 40 better eye with best correction, or a visual field of 20 degrees or less. 41

42 "Client/Consumer" means an individual found eligible and receiving services under the 43

Act. 44 45

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"Clubhouse model" means a psychosocial and vocational approach to work 46 adjustment for people with mental illness. The work-ordered day is a core element of the 47 clubhouse, which focuses on strengths, talents and abilities. Work in the clubhouse helps 48 members develop appropriate social skills and gain self-worth, purpose, and confidence. 49 The clubhouse enables members to return to paid work through Transitional Employment, 50 Supported Employment and independent employmentthe workforce and achieve 51 employment outcomes. 52

53 "Community rehabilitation program" (CRP) means a program that directly provides 54

or facilitates the provision of vocational rehabilitation services to individuals with disabilities, 55 and provides singly or in combination, services for an individual with a disability to enable 56 the individual to maximize opportunities for employment, including career advancement. 57

58 "Comparable services and benefits" means services that are provided or paid for in 59

whole or in part by other Federal, state or local public agencies, health insurance or 60 employee benefits, and are available to the individual at the time needed to further the 61 progress of the individual toward achieving his/her identified employment outcome. 62

63 "Compensatory training" means training required before the client can enter a formal 64

training program or employment, such as pre-vocational or personal adjustment training. 65 66 "Competitive integrated employment" means full or part-time work that is 67

compensated at or above minimum wage, offers an individual with a disability benefits and 68 opportunities for advancement comparable to those offered to employees in similar 69 positions, and is performed in a setting where the individual with a disability interacts with 70 persons without disabilities to the same extent that employees who are not individuals with 71 disabilities and who are in comparable positions interact with these persons. Specific 72 criteria defining competitive integrated employment are detailed in 34 CFR 361.5(c)(9)." 73

74 "Consumer Independence Support Services" (CISS) are defined as providing 75

independent living assessment, intensive counseling, community integration, and housing 76 modifications to further assist consumers with severe disabilities in achieving 77 independence. 78

79 "Continuity of Services" means once an individual is selected for services in 80

accordance with policy, regardless of the priority category from which the individual was 81 selected, the individual will receive the necessary purchased services, including post-82 employment services. 83

84 "Counselor" means the qualified rehabilitation professional, who is an employee of the 85

designated state unit, and who has primary responsibility for the management of an 86 individual's rehabilitation services case record, including determination of eligibility, service 87 planning and management, counseling and guidance, and determination of successful or 88 unsuccessful rehabilitation. Counselor is equivalent to such terms as VR/VS Specialist and 89 VR/VS Coordinator. 90

91

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"Customized employment" means competitive integrated employment, for an 92 individual with a significant disability, that is based on a determination of the unique 93 strengths, needs and interests of the individual; designed to meet the specific abilities of 94 the individual and the business needs of the employer; and carried out using flexible 95 strategies such as those detailed in 34 CFR 361.5(c)(11). 96

97 "Department" unless otherwise indicated in the text, means the Department of 98

Rehabilitation Services as constituted in 74 O.S., Section 166.1 et seq. 99 100 "DRS" means the Department of Rehabilitation Services. 101 102 "DVR" means the Division of Vocational Rehabilitation. 103 104 "DVS" means the Division of Visual Services. 105 106 "Eligibility" or "Eligible" means: 107

108 (A) when used in relation to an individual's qualification for Vocational Rehabilitation 109 services, a determination that the individual has a physical or mental impairment 110 which for such individual constitutes or results in a substantial impediment to 111 employment; can benefit in terms of an employment outcome from rehabilitation 112 services; and requires vocational rehabilitation services to prepare for, secure, 113 retain, advance in or regain employment; 114 115 (B) when used in relation to an individual's qualification for Supported Employment 116 services, a determination that the individual is eligible for Vocational Rehabilitation 117 services; is an individual with the most significant disabilities (priority group one); 118 and 119

120 (i) for whom competitive employment has not traditionally occurred; or 121 122 (ii) for whom competitive employment has been interrupted or intermittent as a 123 result of a significant disability; and 124 125 (iii) who, because of the nature and severity of their disability, need intensive 126 supported employment services, and extended services after the transition from 127 intensive supported employment services, in order to perform such work; 128

129 (C) when used in relation to an individual's qualification for Rehabilitation Teaching 130 services, a finding that an individual is legally and/or functionally blind, has a rapidly 131 progressive eye condition; or has a visual impairment that with or without secondary 132 disabilities results in functional visual limitations; the individual has identifiable 133 deficiencies in independent living due to disabilities; and it is expected services will 134 improve the individual's independence in the home and community. 135 136

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"Employment and Retention" (E&R) means short-term job coach support for 137 individuals with severe disabilities who require assistance preparing for, obtaining, and 138 maintaining employment. 139

140 "Employment outcome" means, with respect to an eligible individual, entering, 141

advancing in, or retaining full-time or part-time competitive integrated employment as 142 defined in 34 CFR §361.5(c)(9) (including customized employment, self-employment, 143 telecommuting, or business ownership), or supported employment as defined in 34 CFR 144 §361.5(c)(53), that is consistent with an individual's unique strengths, resources, priorities, 145 concerns, abilities, capabilities, interests, and informed choice. (Note: As specified in 146 federal rule, a designated State unit may continue services to individuals with 147 uncompensated employment goals on their approved individualized plans for employment 148 prior to the effective date of the final federal regulations until June 30, 2017, unless a longer 149 period of time is required based on the needs of the individual with the disability, as 150 documented in the individual's service record.) 151

152 "Extended employment" means work in a non-integrated or sheltered setting for a 153

public or private nonprofit agency or organization that provides compensation in 154 accordance with the Fair Labor Standards Act and any needed support services to an 155 individual with a disability to enable the individual to continue to train or otherwise prepare 156 for competitive integrated employment. 157

158 "Extended period of time" means when appropriate services are provided in a timely 159

and orderly manner, completion of the Individualized Plan for Employment (IPE) will be, 160 with respect to duration of vocational rehabilitation, services that are expected to require a 161 minimum ofextend at least 6 months from eligibility. 162

163 "Extended services" means ongoing support services provided to individuals with the 164

most significant disabilities, including youth with the most significant disabilities, after the 165 time-limited vocational rehabilitation services have been completed and job stabilization 166 has been achieved. They consist of specific services, including natural supports, needed to 167 maintain the supported employment placement. Extended services are paid from funding 168 sources other than DRS and are specifically identified in the IPE, except that DRS may 169 provide and pay for extended services for youth with the most significant disabilities for a 170 period not to exceed 4 years or extend beyond the date when the youth reaches age 25. 171

172 "Extreme medical risk" means a risk of substantially increasing functional impairment 173

or risk of death if medical services are not provided expeditiously. 174 175 "Functional capacities" means a client's assets, strengths, and resources which 176

maintain or increase the individual's ability to work. Functional capacities include mobility, 177 communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills. 178

179 "Functional limitations" means physical or mental conditions, emergent from a 180

disability, which impair, interfere with, or impede one or more of an individual's functional 181 capacities. 182

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183 "Higher education" means universities, colleges, community/junior colleges, 184

vocational schools, technical institutes, or hospital schools of nursing. 185 186 "Highly challenged" describes a client receiving supported employment services who, 187

due to the nature of the disability, requires a greater level of support from the job coach to 188 achieve and maintain employment. 189

190 "IEP" means Individualized Education Program as required by the Individuals with 191

Disabilities Education Act. 192 193 "Independent Living (IL) Core Services" is defined as information and referral 194

services; independent living skills training; peer counseling; individual and systems 195 advocacy; and services that facilitate the transition of individuals with significant disabilities 196 from institutions to community-based residences, assist individuals at risk of entering 197 institutions to remain living in the community, and assist the transition to postsecondary life 198 for youth with significant disabilities who were eligible for special education and are no 199 longer in school. 200

201 "Independent Living Services" as defined in the Rehabilitation Act, 29 USC Section 202

705 (17) and (18), include IL core services and counseling, housing procurement and 203 modifications, personal assistance, mobility training, rehabilitation technology, life skills 204 training, interpreters, readers, transportation, community integration, supported living, 205 physical rehabilitation, aids and devices, social and recreational opportunities, and other 206 services that are necessary and not inconsistent with the Act's provisions related to 207 independent living. 208

209 "Individual with a disability" means an individual having one or more physical or 210

mental conditions which materially limits, contributes to limiting or, if not corrected, will 211 probably result in limiting an individual's employment activities or vocational functioning. 212

213 "Individual with a severe disability" means with respect to eligibility for the state's 214

Optional Program for Hiring Applicants with Disabilities, an individual who has a physical or 215 mental impairment which seriously limits one or more functional capacities (such as 216 mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or 217 work skills) in terms of an employment outcome. 218

219 "Individual with a significant disability" means an individual with a significant barrier 220

to employment, as used in the Rehabilitation Act amendments of 1998, and an 221 individualdisability: 222

223 (A) who has a severe physical or mental impairment that seriously limitinglimits one 224 or more functional capacities (such as mobility, communication, self-care, self-225 direction, interpersonal skills, work tolerance, or work skills) in terms of an 226 employment outcome; 227 228

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(B) whose vocational rehabilitation can be expected to require multiple vocational 229 rehabilitation services over an extended period of time; and 230 231 (C) who has one or more physical or mental disabilities resulting from amputation, 232 arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, 233 deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or 234 pulmonary dysfunction, mental illness, intellectual disability, multiple sclerosis, 235 muscular dystrophy, musculoskeletal disorder, neurological disorders (including 236 stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle 237 cell anemia, specific learning disability, end-stage renal disease or other disability or 238 combination of disabilities determined on the basis of an assessment for determining 239 eligibility and vocational rehabilitation needs to cause comparable substantial 240 functional limitation. 241

242 "Individual with the most significant disability" means an individual with the most 243

significant barrier to employment as used in the Rehabilitation Act amendments of 1998, 244 and an individual with physical or mental disabilities a disability: 245

246 (A) who has a severe physical or mental disabilityimpairment that seriously limits 247 three or more major life activitiesfunctional capacities in terms of an employment 248 outcome; 249 250 (B) whose vocational rehabilitation can be expected to require multiple vocational 251 rehabilitation services over an extended period of time; and 252 253 (C) who has one or more physical or mental disabilities resulting from amputation, 254 arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, 255 deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or 256 pulmonary dysfunction, mental illness, intellectual disability, multiple sclerosis, 257 muscular dystrophy, musculoskeletal disorder, neurological disorders (including 258 stroke and epilepsy), paraplegia, quadriplegia, other spinal cord conditions, sickle 259 cell anemia, specific learning disability, end-stage renal disease or other disability or 260 combination of disabilities determined on the basis of an assessment for determining 261 eligibility and vocational rehabilitation needs to cause comparable substantial 262 functional limitation. 263

264 "Integrated setting" means: 265

266 (A) With respect to the provision of services, a setting typically found in the 267 community in which applicants or eligible individuals interact with non-disabled 268 individuals other than non-disabled individuals who are providing services to those 269 applicants or eligible individuals. 270 271 (B) With respect to an employment outcome, means a setting typically found in the 272 community in which applicants or eligible individuals interact with non-disabled 273 individuals, other than non-disabled individuals who are providing services to those 274

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applicants or eligible individuals, to the same extent that non-disabled individuals in 275 comparable positions interact with other persons. 276

277 "Intercurrent (acute) conditions" means an illness or injury occurring during the 278

actual course of an individual's rehabilitation which, if not cared for, will complicate or delay 279 achievement of the client's employment outcome as identified in the client's IPE. 280

281 "IPE" means the Individualized Plan for Employment. 282 283 "Job Club" is a structured learning experience for a client to build skills in self-284

assessment, resume development, job search and research strategies, and interview 285 techniques to assist the person to enter a career of their choice. 286

287 "Job Coach/Employment Training Specialist" means a qualified individual providing 288

support services to eligible individuals in supported employment and employment and 289 retention programs. Services directly support the eligible individual's work activity including 290 marketing and job development, applied behavioral analysis, job and work site assessment, 291 training and worker assessment, job matching procedures, and teaching job skills. 292

293 "Long-term treatment" means medical or psychological treatment that is expected to 294

last more than three months. 295 296 "Maintenance" is a service provided to assist with the out-of-ordinary or extra 297

expenses to the individual resulting from and needed to support the individual's 298 participation in diagnostic, evaluative, or other substantial services in the IPE. Activities of 299 Daily Living (ADL) expenses are not eligible for maintenance payments. 300

301 "Milestones" means a payment system that reimburses a vendor based on incentives 302

and outcomes. The vendor is paid when the client completes pre-defined checkpoints on 303 the way to a desired employment goal. 304

305 "Multiple services" means the counseling and guidance provided as a routine part of 306

case management plus two or more VR services. Comparable benefits and/or services can 307 count toward meeting the definition of multiple services. Services routinely provided as a 308 package do not count as multiple services for the purpose of determining the presence of a 309 significant disability, even if two or more services are included in the package. 310

311 "Natural supports" means any assistance, relationships or interactions that allow a 312

person to maintain employment in ways that correspond to the typical work routines and 313 social interactions of other employees. Natural supports may be developed through 314 relationships with people or put into place by the adaptation of the work environment itself, 315 depending on the support needs of the person and the environment. 316

317 "Occupational license" means any license, permit, or other written authority required 318

by a state, city or other governmental unit to be obtained in order to enter an occupation. 319 320

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"Ongoing support services" means services specified in the IPE according to 321 individual need, which support and maintain an individual with the most significant 322 disabilities in supported employment. Sponsored ongoing support services are provided 323 from the time of placement until the individual is stabilized on the job. Ongoing support 324 services are provided by one or more extended services providers, or by natural supports, 325 following transition throughout the individual's term of employment. 326

327 "Other Qualified Rehabilitation Personnel" means qualified rehabilitation personnel 328

who, in addition to rehabilitation counselors, are necessary to facilitate the accomplishment 329 of the employment outcomes and objectives of an individual (Section 100(a)(3)(E) of the 330 Act.) Other qualified rehabilitation personnel include, but are not limited to, rehabilitation 331 teachers of the blind who are certified at the national level. 332

333 "Package of services" means several services which are usually provided together for 334

the same purpose. The services in a package are usually, but not always, from the same 335 category of services (see definition of multiple services, this section). Examples include, but 336 are not limited to: surgery, anesthesia, and hospitalization; or personal computer, software, 337 and peripheral equipment. 338

339 "Personal assistance services" means a range of services provided by one or more 340

persons designed to assist an individual with a disability to perform daily living activities on 341 or off the job that the individual would typically perform without assistance if the individual 342 did not have a disability. 343

344 "Physical and mental restoration services" means services which are necessary to 345

correct or substantially modify a physical or mental condition which is stable or slowly 346 progressive, within a reasonable period of time. 347

348 "Physical or mental disability" means a physical or mental condition which, if not 349

corrected, materially limits, contributes to limiting or will result in limiting an individual's 350 activities or functioning. 351

352 "Pre-employment transition services" means the required activities and authorized 353

activities specified in 34 CFR 361.48(a)(2) and (3). 354 355 "Rehabilitation Act" means the Rehabilitation Act [29 USC 701 et seq.]. 356 357 "Related factors" means those factors which are not directly attributable to the 358

impediment to employment, but which have impact on the potential for successful 359 rehabilitation. They frequently become evident only from an assessment of the person's 360 social, vocational, educational, and environmental circumstances. 361

362 "Section 504 Plan" is a plan designed as a protection for students with disabilities who 363

may not be considered eligible for special education under IDEA in compliance with Section 364 504 of the Rehabilitation Act of 1973 as amended. 365

366

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"Small business enterprises" means a small business operated by blind or other 367 individuals with severe disabilities under the management and supervision of the state 368 DRS. Such businesses include only those selling, manufacturing, processing, servicing, 369 agricultural, and other activities which are suitable and practical for the effective utilization 370 of the skills and aptitudes of individuals who are blind or individuals who have severe 371 disabilities. Small business enterprise provides substantial gainful employment or self-372 employment commensurate with the time devoted by the operators to the business, the 373 cost of establishing the business and other factors of an economic nature. 374

375 "Stabilization" means the period of time when job coach support is reduced to the 376

long-term maintenance level while the individual retains employment, and personal 377 satisfaction with the job, as well as employer satisfaction with the person’s job 378 performance. Stabilization must include appropriate individualized supports, including a 379 minimum of two employee contacts and one employer contact per month. 380

381 "Substantial impediment to employment" means that a physical or mental disability 382

(in the light of related medical, psychological, vocational, educational, cultural, social or 383 environmental factors) that impedes an individual's occupational performance, by 384 preventing his/her obtaining, retaining, or preparing for a gainful occupation consistent with 385 his/her capacities and abilities. 386

387 "Supported employment" (SE) means competitive integrated employment, including 388

customized employment, or employment in integrated work settings in which individuals are 389 working on a short-term basis toward competitive work, consistent with the strengths, 390 resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the 391 individuals, for individuals with the most significant disabilities who meet the eligibility 392 criteria for supported employment as defined in 34 CFR 361.5(c)(53). For purposes of this 393 definition, “short-term basis” shall mean six months or up to 12 months in limited 394 circumstances as described in 34 CFR 361.5(c)(53). 395

396 "Transition services" means, for a student or a youth with a disability, a coordinated 397

set of activities designed within an outcome-oriented process that promotes movement 398 from school to post-school activities, including postsecondary education, vocational 399 training, competitive integrated employment, supported employment, continuing and adult 400 education, adult services, independent living, or community participation. Transition 401 services (1) are based upon the individual student's or youth’s needs, preferences and 402 interests; (2) include instruction, community experiences, the development of employment 403 and other post-school adult living objectives, and, if appropriate, acquisition of daily living 404 skills and functional vocational evaluation; (3) promote or facilitate the achievement of the 405 employment outcome identified in the student's or youth’s individualized plan for 406 employment; and (4) include outreach to and engagement of the parents, or, as 407 appropriate, the representative of such a student or youth with a disability. 408 409

"Transportation" is a service provided to assist with the costs of travel, including 410 instruction in the use of public transportation vehicles and systems, which result from and 411

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are needed to support the individual's participation in diagnostic, evaluative, or other 412 substantial and necessary VR services. 413

414 "VR" means the Division of Vocational Rehabilitation, or the more general term 415

vocational rehabilitation services, depending upon the context. 416 417 "VS" means the Division of Visual Services, depending upon the context. 418

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612:10-3-5. Basic living requirements [AMENDED] 1

2

(a) A basic living requirement has been established for different size family groups. A 3

family member is an individual who is a relative or guardian of an applicant or eligible 4

individual. Basic living requirements are based on 400%300% of the Federal poverty level 5

adjusted annually for family size. The standard is intended to cover only the necessities of 6

food, shelter, utilities, clothing, transportation, and incidentals to give the counselor some 7

criteria by which to measure the financial status of a client. To qualify as independent from 8

the family group, the client must meet one of the following criteria: 9

10

(1) Beneficiary of Titles II (federal old age, survivors, and disability insurance benefits) 11

or XVI (SSI); 12

13

(2) At least 24 years of age and single; 14

15

(3) A ward of the court and in custody of DHS; 16

17

(4) Married and maintaining a separate household; 18

19

(5) Meets the criteria for temporary housing as described in 612:10-3-5(c) or; 20

21

(6) The counselor verifies the client has the financial resources to demonstrate self-22

sufficiency and the client declares no family contributions are available. 23

24

(b) Verification of family membership should be based upon whatever available 25

information most accurately documents family membership according to the definition 26

given in this rule. Examples of acceptable verification include the latest Federal income tax 27

return, payroll information, insurance policies, client report, and/or counselor observation. 28

29

(c) An eligible individual whose disability has resulted in the need to live with family or 30

friends, and as appropriate the individual's spouse and dependent children, will be 31

considered as a separate household regardless of living arrangements. 32

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612:10-7-24.3. Trial Work Experience and Extended Evaluation [AMENDED] 1

2

(a) Use of trial work experience and extended evaluation. It shall be presumed that 3

an individual can benefit in terms of an employment outcome from vocational 4

rehabilitation services unless clear and convincing evidence demonstrates that the 5

individual is incapable of benefiting in terms of an employment outcome due to the 6

severity of the individual's disability. In making such demonstration, the VR Counselor 7

will explore the individual's capabilities to perform in realistic work settings through the 8

use of trial work experiences with appropriate supports, except under limited 9

circumstances when an individual cannot take advantage of such experiences and 10

extended evaluation may be utilizedincluding, but not limited to, assistive technology 11

devices and services and personal assistance services, to accommodate the 12

rehabilitation needs of the individual during the trial work experiences. 13

14

(b) Trial work. The trial work experienceexperiences shall be provided in the most 15

integrated setting possiblecompetitive integrated employment settings to the maximum 16

extent possible, consistent with the individual's informed choice and rehabilitation 17

needs, and shall be of sufficient variety and duration to determine the eligibility of the 18

individual or to determine the existence of clear and convincing evidence that the 19

individual is incapable of benefiting from VR services in terms of an employment 20

outcome. Cases may not remain in this status more than 18 months. An assessment of 21

the individual's progress is required as frequently as necessary but at least once every 22

90 days. The assessment will include periodic reports from the institution, facility or 23

person providing the services to determine the results of the provision of such services 24

and to ascertain whether the individual may be determined to be eligible or ineligible. 25

The assessment summary narrative will be recorded in the case file. 26

27

(c) Extended evaluation. Extended evaluation is available for individuals with the 28

most significant disabilities who cannot take advantage of trial work experiences or if the 29

options for trial work experiences have been exhausted before DVR or DVS is able to 30

conclude whether the applicant is able to benefit from vocational rehabilitation services 31

or incapable of benefiting from VR services in terms of an employment outcome due to 32

the severity of the disability. Trial work experiences remain the first option by which to 33

assess an individual's ability to benefit from VR service. Extended evaluation is not 34

meant to be a routine alternative to trial work experiences, but is to be used only as a 35

last resort and under limited circumstances. An individual may be determined unable to 36

take advantage of a trial work experience if there is a need for substantial restoration 37

services prior to entering a work environment. Extended evaluation involves the 38

development of a written plan which provides only those services necessary to make a 39

determination of eligibility. 40

41

(d)(c) Case recording requirements. The counselor will document the case record 42

according to the criteria and recording standards in (1) - (5) of this Subsection. 43

44

(1) Justification that a trial work experience or an extended evaluation is 45

required. It is presumed that an individual can benefit in terms of an employment 46

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outcome from vocational rehabilitation services unless clear and convincing 47

evidence demonstrates otherwise. The use of trial work experiences or extended 48

evaluations is to be limited solely to those extraordinary situations in which the 49

preponderance of evidence obtained in the normal manner is sufficient to challenge 50

the presumption of benefit due to the severity of the disability. Documentation and 51

case recording must clearly support the determination that this preponderance of 52

evidence exists, and that trial work experience is necessary to make the eligibility 53

determination. 54

55

(2) Written plan for trial work experiences or extended evaluations. Services 56

related to the trial work experience or extended evaluation will be planned by the 57

counselor and individual, or the individual's authorized representative. The trial work 58

experience or extended evaluation plan will describe the services necessary to 59

obtain clear and convincing evidence concerning the presumption of benefit. 60

61

(3) Termination of trial work experience or extended evaluation - eligible. 62

When an individual is determined to be eligible for services, the case is processed in 63

accordance with DRS policy. 64

65

(4) Termination of trial work experience or extended evaluation - ineligible. If 66

the trial work experience or extended evaluation provides clear and convincing 67

evidence that the individual cannot benefit from vocational rehabilitation services in 68

terms of an employment outcome due to the severity of the disability, the case may 69

be closed as ineligible in accordance with DRS policy. In addition to explaining the 70

individual's right to a review of the determination and the availability of the Client 71

Assistance Program, the counselor will make referrals to other agencies, facilities, or 72

programs as may be appropriate. 73

74

(5) Amendments. An amendment to the plan is made stating all new decisions, 75

facts, and planned services not already covered in the original trial work experience 76

or extended evaluation plan. 77

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612:10-7-24.5. Closed — Not Accepted for Services [AMENDED] 1

2

(a) Not accepted for services. This status is used for closing cases in which the 3

individual is not accepted for vocational rehabilitation services, whether closed from 4

applicant status or from trial work experience or extended evaluation status. There are 5

two major categories of closure: 6

7

(1) Closure due to ineligibility. 8

9

(A) Disability too severe (from Trial Work Experience or Extended Evaluation 10

only) or unfavorable medical prognosis. 11

12

(B) No disabling condition. 13

14

(C) No impediment to employment. 15

16

(D) Rehabilitation services are not required for an employment outcome. 17

18

(2) Closure due to other reasons. 19

20

(A) Unable to locate. 21

22

(B) Moved out of state. 23

24

(C) Refused services or further services. 25

26

(D) Death. 27

28

(E) Client institutionalized. 29

30

(F) Transfer to another agency. 31

32

(G) Failure to cooperate. 33

34

(H) Transportation not feasible or available. 35

36

(I)(H) Other reasons. 37

38

(b) Personal contacts. Personal contacts are made with all persons closed in this 39

status, if possible, and the results of those contacts are recorded in a case narrative. If 40

the applicant cannot be contacted, all attempts to contact are recorded. Contacts are 41

not required if the individual has refused to participate, is no longer a resident of 42

Oklahoma, whereabouts are unknown, or the condition is rapidly progressive or 43

terminal. 44

45

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(c) Case recording requirements. All applicants whose cases are closed in this 46

status should be notified in writing, with the exceptions noted in sub-paragraph (b). A 47

case is closed due to ineligibility only with full participation of the applicant, the 48

applicant's parent, guardian, or other representative unless the individual has refused to 49

participate, is no longer a resident of Oklahoma, whereabouts are unknown, or the 50

condition is rapidly progressive or terminal. The rationale for the ineligibility decision is 51

recorded on the closure letter including the views of the applicant or appropriate 52

representative. A copy of the letter is given to the applicant or appropriate 53

representative with a detailed explanation of the services available from the Client 54

Assistance Program no matter the reason for closure. 55

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612:10-7-25.1. Order of selection [AMENDED] 1

2

(a) Need for order of selection. The Department, in consultation with the Oklahoma 3

Rehabilitation Council, has determined, due to budgetary constraints or other reasoned 4

limitations, that it cannot serve all individuals who are determined eligible for DVR and DVS 5

services. The Department consults with the Oklahoma Rehabilitation Council regarding the: 6

7

(1) need to establish an order of selection, including any re-evaluation of the need; 8

9

(2) priority categories of the particular order of selection; 10

11

(3) criteria for determining individuals with the most significant disabilities; and 12

13

(4) administration of the order of selection. 14

15

(b) Priority groups. It is the policy of DRS to provide vocational rehabilitation services to 16

eligible individuals under an order of selection. Under the order of selection, the 17

Department has established three priority groups on the basis of serving first those with the 18

most significant disabilities. Every individual determined to be eligible for DVR and DVS 19

services is placed in the appropriate priority group based upon the documentation used to 20

determine eligibility and/or vocational rehabilitation needs. Selection and placement in a 21

priority group is based solely upon the significance of the eligible individual's disability, and 22

is not based upon the type of disability, geographical area in which the individual lives, 23

projected type of vocational outcome, age, sex, race, color, creed, religion, or national 24

origin of the individual. The priority groups are: 25

26

(1) Priority Group 1. Eligible individuals with a most significant disability are individuals 27

with the most significant barrierbarriers to employment. A most significant barrier is one 28

that includes a severe mental or physical disabilityimpairment resulting in serious 29

limitations in three or more functional capacities and which can be expected to require 30

multiple vocational rehabilitation services over an extended period of time. 31

32

(2) Priority Group 2. Eligible individuals with a significant disability are individuals with 33

significant barriers to employment. A significant barrier is one that includes a severe 34

physical or mental impairment resulting in serious limitations in at least one, but not 35

more than, two, functional capacities and which can be expected to require multiple 36

vocational rehabilitation services over an extended period of time. 37

38

(3) Priority Group 3. Eligible individuals with disabilities not meeting the definition of 39

individual with a significant or most significant barrier to employment. 40

41

(c) Implementation. Prior to the start of each fiscal quarter, or when circumstances 42

require, the DRS Director will determine in which priority groups new Individualized Plans 43

for Employment will be written and initiated. The Director may restrict the writing and 44

initiation of new Individualized Plans for Employment within a priority group to cases having 45

eligibility dates falling on or before a specified date providing that all consumers in higher 46

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priority groups are being served. Considerations in making this determination will include, 47

but not be limited to, the projected outcomes, service goals, expenditures, and resources 48

available for each priority group. Projected costs and resources for each priority group will 49

be based upon costs of current Individualized Plans for Employment, anticipated referrals, 50

availability of financial resources, and adequacy of staffing levels. The Director will 51

implement actions under the order of selection through written notice to DVR and DVS 52

staff. The written notice will specify the implementation date of the action and direct DVR 53

and DVS staff on how to handle cases by priority group and application date. DVR and 54

DVS staff will inform each eligible individual on their caseloads: 55

56

(1) of the priority groups in the order of selection; 57

58

(2) of the individual's assignment to a priority group; and 59

60

(3) of the individual's right to appeal that assignment. 61

62

(d) Closing and opening priority groups. When all or part of a priority group is closed, 63

designated cases within that priority group without a written IPE will be placed on a waiting 64

list after the individual has been determined to be eligible. No IPE will be written for cases 65

on the waiting list. Staff will continue to take applications, diagnose and evaluate all 66

applicants to determine eligibility and vocational rehabilitation needs, find the individual 67

eligible when documentation supports such a decision, then place each eligible individual's 68

case in the appropriate priority group. If an eligible individual is placed in a closed priority 69

group, his or her case will go on the waiting list and no IPE will be written or initiated. The 70

DRS Director will notify DVR and DVS staff in writing when all or part of a closed priority 71

group is opened. When this directive includes new applicants who are found eligible, 72

individuals already on the waiting list within that same priority group will be given priority 73

over new applicants. When all or part of closed priority groups are opened, staff will contact 74

individuals on the waiting list to develop and implement their Individualized Plans for 75

Employment using the priorities in Paragraphs (1) - (3) of this Subsection: 76

77

(1) contact individuals within the highest open priority group first, Most Significant being 78

the highest of all priority groups; 79

80

(2) within each opened priority group, staff will contact individuals on the waiting list in 81

order of application date, earliest application date first; then 82

83

(3) staff will contact individuals whose cases will remain on the waiting list to explain 84

how their cases will be handled. 85

86

(e) Continuity of services. Any individual with an IPE that existed prior to the date all or 87

part of that individual's priority group was closed will continue to receive services as 88

planned. Such an IPE may be amended if the changes are necessary for the individual to 89

continue progress toward achieving an appropriate employment outcome, or are otherwise 90

necessary within policy. Persons requiring post employment services will also be provided 91

the necessary services regardless of priority group assignment. 92

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93

(f) Information and referral services. Information and referral services will remain 94

available to eligible individuals who are not in an open priority group. These individuals will 95

be given information and guidance, using appropriate modes of communication, to assist 96

such individuals in preparing for, securing, retaining or regaining employment, and will be 97

appropriately referred to Federal and State programs (other than the vocational 98

rehabilitation program) including other components of the statewide workforce investment 99

system in the state. No IPE will be written to provide such services to these individuals. 100

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612:10-7-45. Case statuses and case flow [AMENDED] 1

2

(a) The case management system is comprised of a logical flow from one status to 3

another as a customer progresses through the rehabilitation process. This system 4

covers the life cycle of a case from referral and application through eligibility, plan, 5

employment, closure, and post employment services. Statuses are: 6

7

(1) Application 8

9

(2) Trial Work Experience and Extended Evaluation 10

11

(3) Closed ineligible from application status 12

13

(4) Eligibility: accepted for services; plan development phase 14

15

(5) IPE developed 16

17

(6) Services completed and ready for employment 18

19

(7) Employed 20

21

(8) Closed, rehabilitated, Successful employment for at least 90 consecutive days 22

23

(9) Closed, not rehabilitated after IPE initiation 24

25

(10) Closed, not rehabilitated before IPE initiation 26

27

(11) Post employment services 28

29

(12) Post employment services completed 30

31

(b) No case action is effective until all required approvals have been obtained in 32

accordance with policy. The effective date of any case action, including closures, is the 33

date the last required approval is obtained in accordance with policy. 34

35

36

INSTRUCTIONS TO STAFF 37

38

1. Links to policies on each case status: 39

40

Application: 612:10-7-22.1 41

Trial Work Experience and Extended Evaluation: 612:10-7-24.3 42

Closed ineligible from application status: 612:10-7-24.4, 612:10-7-24.5 43

Eligibility: accepted for services; plan development phase: 612:10-7-50, 44

612:10-7-50.1, 612:10-7-51 45

IPE developed: 612:10-7-52 46

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612:10-7-58. Closed Rehabilitated [AMENDED] 1

2

(a) Use of Closed Rehabilitated status. A case is closed as rehabilitated because the 3

client has achieved an employment outcome as a result of vocational rehabilitation 4

services. Cases closed as rehabilitated must as a minimum meet the requirements in (1) 5

through (5) of this Subsection: 6

7

(1) the provision of services under the individual's IPE has contributed to the 8

achievement of the employment outcome; 9

10

(2) the employment outcome is consistent with the individual's strengths, resources, 11

priorities, concerns, abilities, capabilities, interests, and informed choice; 12

13

(3) the employment outcome is in an integrated setting, consistent with the individual's 14

informed choice; 15

16

(4) the individual has maintained the employment outcome for a period of at least 90 17

days; and 18

19

(5) at the end of the appropriate period under Paragraph (4) of this Section, the 20

individual and the VR Counselor consider the employment outcome to be satisfactory 21

and agree that the individual is performing well on the job. 22

23

(b) Out of state. Clients who move out of state after services have been completed are 24

closed in rehabilitated status if the requirements in Subsection (a) of this Section can be 25

met. If those requirements cannot be met the case will be closed, not rehabilitated. 26

27

(c) Successful closure prior to completion of IPE. If employment is secured before 28

completion of the IPE, a counselor must document the conditions of substantial services 29

and suitable employment were met. If planned services are interrupted prior to achieving 30

the originally planned vocational goal, and services provided have directly contributed to 31

the employment outcome for the individual or to job retention, an IPE amendment is not 32

needed to revise the vocational goal prior to closure. A plan amendment is required when 33

there is a substantial deviation from the original employment goal. 34

35

(d) Cases closed from supported employment. An individual with the most significant 36

disabilities who is receiving supported employment services is considered to be 37

successfully rehabilitated if the individual maintains a supported employment placement for 38

a minimum of 90 days beyond stabilization. In addition to the criteria for "suitably 39

employed", the counselor must document that the individual has met or has made 40

substantial progress toward meeting the weekly work goal defined in the IPE, the client is 41

satisfied with the job, the employer is satisfied with the client’s job performance, extended 42

services are in place, all supported employment requirements have been met, and the case 43

is ready for closure. The closure documentation will address any significant differences in 44

the ultimate work week achieved as compared with the predicted goal. 45

46

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(e) Cases closed from employment and retention. An individual with severe disabilities 47

who is receiving employment and retention services is considered to be successfully 48

rehabilitated when the client maintains employment for a minimum of 90 days after 49

placement, or for a minimum of 4 weeks plus 90 days if the individual required the “4 50

Weeks Job Support” Milestone. 51

52

(f) Cases closed as homemakers. A homemaker is defined as a person whose primary 53

work is performance of duties related to the upkeep and maintenance of a home. This work 54

takes place in the individual's own home, without remuneration. 55

56

(1) For homemaking to be considered as an employment outcome, primary work 57

activities must be performed by the individual and benefits derived from DVR and DVS 58

services must have improved the client's ability to function in these tasks. Homemaking 59

activities must render a significant contribution to the home. 60

61

(2) Self-care activities are not sufficient to meet the definition of homemaker. 62

63

(3) Multiple homemaking closures within the same household are prohibited. 64

65

(4) Suitable employment, substantial services and significant contribution of services to 66

vocational adjustment must be documented in the case record. 67

68

(g) Cases closed as unpaid family worker. A case may be closed as rehabilitated when 69

the individual is performing work without pay on a family farm or in a family business 70

operated by one or more members of the client's family. The case recording must include 71

the same documentation as in the case of any other rehabilitated closure but particular 72

attention is to be given to the description of the client's work activities and their regularity. 73

The record must confirm the productivity of the client and his/her contribution to the family 74

farm or business. 75

76

(h)(f) Case recording requirements. The client, or the client's authorized representative 77

as appropriate, will be a full participant in the decision to close the case. The last 78

discussion of the closure decision with the client, or the client's authorized representative, 79

will be held within 30 days of the closure, and will be documented in a case narrative. The 80

client will be notified in writing of the closure and advised of the availability of Post-81

Employment Services. 82

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612:10-7-201. Rehabilitation teaching services [AMENDED] 1

2

Rehabilitation teachers provide counseling and instruction to aid clients in adjusting to 3

blindness and severe visual impairment. All clients who are legally blind, severely visually 4

impaired or have a rapidly progressive eye condition are to be referred to a rehabilitation 5

teacher. Exceptions are allowed in instances where rehabilitation teaching services have 6

been provided and the client appears to be functioning independently, or when physical 7

restoration services are planned which will likely restore the client's functioning to a level 8

which would remove the need for rehabilitation teaching. Rehabilitation teachers employed 9

by the Division of Visual Services may serve clients who are legally blind jointly with the 10

DRS counselor. 11

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612:10-9-1. Philosophy and scope of program [AMENDED] 1

2

(a) Blindness is a serious, disabling condition requiring adjustments in an individual's 3

lifestyle to be a fully functional member of society. The primary task of the rehabilitation 4

teacher is to provide services that enable a legally blind or severely visually impaired 5

individual to make these necessary adjustments to cope with the demands of living with a 6

severe visual impairment. 7

8

(b) The services available through the rehabilitation teaching program directed toward 9

assisting people with severe visual impairment or who are blind to live more independently 10

are: 11

12

(1) Counseling and guidance directed toward helping the consumer and/or the 13

consumer's family adjust to blindness, to understand the limitations it imposes, and to 14

make a realistic assessment of his/her capabilities. 15

16

(2) Provide evaluation and instruction in the techniques and procedures for performing 17

those tasks and activities necessary to daily living. 18

19

(3) Provide resource information and make referrals as needed for additional services. 20

21

(4) Assist the consumer in becoming oriented to his/her residence and develop a basic 22

level of safety and independence in indoor mobility. 23

24

(5) Provide instruction in the various communication media designed to enhance the 25

individual's ability to communicate with others and maintain personal and other 26

records. 27

28

(6) Assist the individual in over-coming mannerisms and behavior patterns associated 29

with low vision or blindness that are detrimentaldeterrents to social adjustment. 30

31

(7) Provide and/or arrange specialized instructional services in the areas of home and 32

personal management. 33

34

(8) Rehabilitation teaching staff must participate in the diagnosticevaluation, 35

assessment and adjustment processes in the vocational rehabilitation programprocess. 36

They must have a direct role in the development of the individualized rehabilitation 37

program and amendments. 38

39

(c) Rehabilitation teaching independent living services is a formalized program of services 40

with the purpose of enhancing the ability of an individual with a severe visual disability to 41

live independently and function within his/her family and community and, if appropriate, 42

secure and maintain employment. 43

44

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(d) Independent living is defined as control of one's life based on the choice of acceptable 45

options which minimize reliance on others in decision making and in performing every day 46

activities. 47

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612:10-9-2. Consumer rights [AMENDED] 1

2

(a) Rights. Each person applying for services will be given full consideration of his/her 3

needs as they relate to the Rehabilitation Teaching Program. No one will be denied 4

services based on his/her age, race, sex, creed, color, or national origin. Each consumer 5

determined eligible for services through any Rehabilitation Teaching Program has the right 6

to participate in the development of the Individualized Plan for Employment (IPE) or the 7

Individualized Rehabilitation Program (IRP as outlined in Section 612:10-11, Older Blind 8

Program) as well as all subsequent amendmentsplan of service. 9

10

(b) Right of appeal. The consumer has the right to appeal the decision of the 11

rehabilitation teacher, in accordance with DRS policy on due process. The teacher is 12

required to advise the consumer of the Client Assistance Program (CAP) and will provide 13

copies of such brochures in consumer's chosen format. 14

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612:10-9-3. Rehabilitation teacher’s role [AMENDED] 1

2

(a) The primary goal of the rehabilitation teacher is to provide evaluation, instruction, and 3

guidance to assist individuals who are legally blind or severely visually impaired to live 4

more independently with their loss of vision. Services through the Rehabilitation Teaching 5

Program can be provided through Title I as a homemaker case or as a joint case with the 6

Rehabilitation Counselor, or through the Older Blind Program outlined in Subchapter 11. 7

8

(b) Confidentiality. All consumer information is confidential and will be treated according 9

to DRS policy. 10

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612:10-9-13. Case recording [AMENDED] 1

2

A case record accurately and completely maintained can assist the rehabilitation 3

teacher in the development of an effective teaching program, provide continuity in the 4

provision of services and enable the teacher to evaluate the consumer’s progress. It also 5

serves as a legal basis for the expenditure of funds and documents actions, activities and 6

decisions of the teacher. Standard types of case recording include narratives, forms, 7

correspondence and use of use of the DRS electronic case management system. 8

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612:10-9-15. Case status [REVOKED] (a) As a case moves through the rehabilitation teaching process the major activities being conducted at any given time are reflected by the status classification system, as outlined in DRS policy on case statuses.

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612:10-9-17. Application Status [REVOKED] 1

2

(a) A case is placed in Application Status when the individual submits an application with 3

DVR or DVS in accordance with agency policy. 4

5

(b) A decision of eligibility or ineligibility must be made within 60 days of the completed 6

application unless unforeseen and exceptional circumstances beyond the control of the 7

Department indicate the need for an extension as documented on the Need for Extension 8

of Time to Determine Eligibility form. The consumer must agree an extension of time is 9

warranted after full consultation. 10

11

(c) The rehabilitation teacher will conduct an initial interview and document it in a narrative 12

summary. The consumer and/or representative will be given an explanation of consumer 13

rights and responsibilities and information about the Client Assistance Program and 14

mediation procedures in a medium which is understandable to the individual and in their 15

preferred medium. The teacher will document this in the case record. The consumer will be 16

offered the opportunity to register to vote at time of application and/or time of address 17

change. 18

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612:10-9-18. Closure from Application [REVOKED] 1

2

A case will be closed from Application Status when it has been determined an applicant 3

is ineligible for rehabilitation teaching services, if the applicant fails to cooperate, moves out 4

of state, refuses services, dies, cannot be located, or if all services are being provided 5

through other resources. The teacher will document in the case recording the decision for 6

closing the case. 7

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612:10-9-19. Eligibility Status [REVOKED] 1

2

(a) The case is moved into Eligibility Status when the individual is certified as eligible. The 3

teacher will evaluate the case information and determine if the consumer meets the criteria 4

given in (1)-(3) of this Subsection. 5

6

(1) Consumer is legally and/or functionally blind or has a rapidly progressive condition 7

which is expected to result in legal blindness. If there is a difference in near and 8

distance acuity, the worse acuity is used for determination of eligibility. 9

10

(2) Consumer has identifiable deficiencies in homemaking skills due to severe vision 11

loss. 12

13

(3) It is expected services will improve the consumer's homemaking skills and 14

independence in his/her community. 15

16

(b) The teacher is responsible for making a determination of eligibility on each consumer 17

requesting rehabilitation teaching services within 60 days of application and a letter of 18

determination of eligibility will be provided in the consumer's preferred format. A 19

certification of legal blindness signed by a physician, a comprehensive functional 20

assessment provided by the rehabilitation teacher, or certificate of eligibility for talking book 21

services, can be used to document eligibility for the Rehabilitation Teaching Program. 22

23

(c) While in eligibility status, the comprehensive assessment is completed to provide a 24

basis for the formation of the consumer's IPE. The comprehensive assessment is used to 25

determine the scope and nature of services to be provided to accomplish the consumer's 26

objectives. The teacher will address the consumer's diagnosis as reported by documented 27

medical and psychological report or as determined by the teacher's evaluation. The 28

teacher will identify the specific functional limitations which prevent the individual from 29

functioning in the home or community. The teacher will describe the consumer's strengths, 30

weaknesses and how proposed services will increase the consumer's potential to achieve 31

his/her goal of homemaker. 32

33

(d) After the consumer has been determined eligible, the teacher starts the process of 34

developing the Individualized Plan for Employment (IPE). In the development of the 35

program, the teacher will make a determination of the consumer's present level of 36

adjustment and his/her physical and emotional capacities for acquiring specific adaptive 37

skills. 38

39

(1) The teacher with the consumer's participation will develop an IPE establishing a 40

homemaking objective. The goals, objectives and services provided directly or 41

indirectly will be included in the IPE. A homemaker is defined as a person whose 42

primary work is performance of duties related to the upkeep and maintenance of a 43

home. This work takes place in the individual's own home, without remuneration. 44

45

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(A) The IPE can have a vocational objective of homemaker only when services will 46

directly and substantially improve the individual's ability to perform the primary 47

homemaking work activities for their home. 48

49

(B) A vocation objective of homemaker can be established for only one person 50

within the same household. 51

52

(2) The narrative recording will include documentation of the consumer's participation 53

in the development of the IPE and all pertinent information. A copy of the IPE will be 54

provided to the consumer in their preferred reading medium. 55

56

(3) The IPE must be completed and signed as soon as possible, consistent with the 57

needs of the individual, but not more than 90 calendar days following the eligibility 58

determination, unless the individual or the authorized representative and the 59

rehabilitation teacher jointly agree to an extension of time for a specific duration. 60

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612:10-9-20. Service Status [REVOKED] 1

2

(a) Cases remain in Service Status as long as program services are being provided to the 3

consumer. While in this status, periodic narrative recordings will be entered in the case file 4

describing services being provided and the teacher's involvement. After development of 5

the IPE, the teacher will begin instructional services to address the identified objectives. 6

The consumer should expect continual instructional services until it is agreed upon by the 7

teacher and consumer that the goals have been achieved or mutual agreement for case 8

closure. 9

10

(b) In some cases, due to an alteration in the consumer's situation or needs, it may be 11

necessary to amend the original program. Program amendments are only necessary when 12

there has been a substantial change in the program effecting client services. Such 13

amendments will be developed with consumer participation and a copy of the amendment 14

will be provided the consumer in their preferred reading medium. 15

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612:10-9-21. Successful Closure [REVOKED] 1

2

(a) A successful closure is when the planned program of services has been completed 3

and/or the consumer has achieved his/her homemaking goal. 4

5

(b) The client, or the client's authorized representative as appropriate, will be a full 6

participant in the decision to close the case. The last discussion of the closure decision 7

with the client, or the client's authorized representative, will be held within 30 days of the 8

closure, and will be documented in a case narrative. The client will also be given a copy of 9

the closure letter in their preferred reading format and advised of the availability of Post-10

Employment Services. The closure narrative will substantiate the services provided and 11

how they contributed to the client's function as a homemaker. 12

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612:10-9-22. Unsuccessful Closure after IPE Initiation [REVOKED] 1

2

An unsuccessful closure is when it has been determined that services cannot be 3

successfully completed. The consumer or his/her representative must be informed as to 4

the reason for case closure. 5

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612:10-9-24. Closed from Eligibility Status [REVOKED] 1

2

(a) Cases closed from Eligibility Status are those which, although accepted for 3

Rehabilitation Teaching services, did not progress to the point where services were actually 4

initiated. 5

6

(b) When a case is closed from Eligibility Status, closure is recorded in the case record 7

and a letter written to the client. The client will be given the opportunity to fully participate 8

and to express his/her views of the decision. A copy of the closure will be given to the 9

client, or as appropriate, the client's representative in the consumer's preferred reading 10

format. 11

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612:10-9-25. Post-Employment Service Status [REVOKED] 1

2

(a) Post-Employment services may be provided to assist rehabilitated clients to retain, 3

regain, or advance in independence. These services must continue to follow the guidelines 4

delineated for homemaking services. 5

6

(b) Planning and provision of post-employment services will be assessed at initiation of the 7

IPE. Ongoing assessment continues during case services, is documented as needed, and 8

is reassessed just prior to case closure. Counseling and guidance is the primary service 9

around which all other post closure services are provided. Cases reopened on a post 10

closure basis do not require re-establishment of eligibility. Any homemaking service or 11

combination of services necessary to assist the individual to retain, regain, or advance in 12

independence, may be provided if the service(s) do not involve a complex or 13

comprehensive effort unrelated to the original IPE. If comprehensive services are 14

indicated, a new application is taken. Federal regulations forbid the setting of arbitrary time 15

limits on the provision of Post-Employment services. If the original case has been closed 16

for a long period of time, the Agency must carefully review the client's situation before 17

making the decision to provide Post-Employment services as opposed to opening a new 18

case. 19

20

(c) Decisions to terminate Post-Employment services must be made on an individual basis 21

in consultation with the client and will be recorded in the case record. The Agency will 22

need to work with the individual to achieve a satisfactory level of self-sufficiency 23

independent of post closure support. 24

25

(d) In Post-Employment Service Status an IPE and a narrative program summary are 26

developed as prescribed in policy on Eligibility Status. The same principles of client 27

involvement are required in the IPE for Post-Employment services as are required under 28

any other IPE. Case recording will be made at significant times during the process, 29

including assessment of progress and the results achieved at the completion of termination 30

of services. 31

32

(e) All cases terminated from Post-Employment Service Status will be closed in Post-33

Employment Closure status. 34

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612:10-9-26. Post Employment Closure Status [REVOKED] 1

2

(a) Only those cases terminated from Post-Employment Service status can be closed in 3

this status. The case can be closed as soon as the services in the Post-Employment 4

services amendment have been completed insofar as possible and the client has been 5

consulted regarding the closure decision. 6

7

(b) Documentation of closure of Post-Employment Services is recorded into the case 8

record and a letter written to the client. 9

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612:10-9-33. Communication Skills [AMENDED] 1

2

In order for the consumer to gain contact with their environment and use the tools 3

available for communication the following skills can be assessed and instruction for using 4

alternate techniques provided: 5

6

(1) Telephone usage. 7

8

(2) Handwriting. 9

10

(3) Labeling. 11

12

(4) Braille reading and writing. 13

14

(5) Time telling. 15

16

(6) Recording devices. 17

18

(7) Receptive/expressive communication. 19

20

(8) Keyboarding. 21

22

(9) Assistive technology. 23

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612:10-9-34.2 Indoor mobilityMobility within home environment [AMENDED]

Mobility is essential for a consumer losing vision to insure safe travel within his/her home environment as well as outside the home. The rehabilitation teacher can provide instructions in basic skills and make referrals to the Orientation and Mobility Specialist for specific instructions in cane skills. Pre-cane skills taught by the teacher may include:

(1) Protective techniques (2) Trailing techniques (3) Sighted guide skills (4) Location of dropped objects

Section History

7-1-11 PT Memo #12-01

Permanent, new, adding indoor mobility skills

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612:10-9-34.3 Other adaptive skills [REVOKED] 1

2

Consumers who lose vision need to learn adapted techniques which will allow them to 3

participate in a variety of leisure activities. The teacher can provide instruction in the 4

following: 5

6

(1) Special reading services 7

8

(2) Arts and crafts activities 9

10

(3) Parlor games 11

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612:10-9-34. Personal management skills [AMENDED] 1

2

The area of personal management encompasses all areas of self-care. The consumer 3

can obtain the ability to meet personal needs that will promote increased confidence and 4

independence. Evaluation and training can be accomplished in the following areas: 5

6

(1) Clothing care. 7

8

(2) Personal hygiene. 9

10

(3) Clothing identification. 11

12

(4) Health management. 13

14

(5) Money management. 15

16

(6) Eating skills. 17

18

(7) Sewing skills. 19

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612:10-9-35. Home management [AMENDED] 1

2

Training in home management will enable the consumer to gain or retain skills in 3

managing his/her household and family. This training may require the application of 4

adaptive techniques and devices in the following skills areas: 5

6

(1) Meal Preparation 7

8

(2) Kitchen organizationskills 9

10

(A) Use of kitchen appliances 11

12

(B) Kitchen organization 13

14

(C) Kitchen safety 15

16

(3) Use of Oven/Stove Top/Microwave 17

18

(4)(3) HousecleaningHousekeeping Techniques 19

20

(5)(4) Minor Home Maintenance 21

22

(6)(5) Use of Household Appliances 23

24

(7)(6) Home Safety Techniques 25

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612:10-9-37. Referral for Support Services [AMENDED] 1

2

The consumer can take advantage of additional services provided through the agency 3

and referred to by the rehabilitation teacher, including: 4

5

(1) Low Vision Services 6

7

(2) Support Groups 8

9

(3) Technology Lab for Low Vision & BlindnessAssistive Technology 10

11

(4) Deaf-Blind Consultant Services 12

13

(5) Orientation & Mobility Services 14

15

(6) Older Blind Services 16

17

(7) Vocational Rehabilitation Services 18

19

(8) Personal Adjustment Training Centers 20

21

(9) Management of Secondary Disabilities 22

23

(10) Adult Blind Living Evaluation / Training Adult Program 24

25

(11) Library for the Blind and Physically Handicapped 26

27

(12) Other resources as identified 28

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612:10-9-38. Vocational rehabilitation [AMENDED] 1

2

The consumer can receive the services of the rehabilitation teachingInstructional Services 3

program while being served through the Vocational Rehabilitation counseling program. 4

The teacherstaff member will provide comprehensive teachinginstructional services 5

necessary for the consumer to meet the employment goal. 6

7

(1) Referral from rehabilitation counselor. Consumers who are legally blind or 8

severely visually impaired receiving services through a rehabilitation counselor will be 9

referred for rehabilitationRehabilitation teachingTeaching and Orientation & Mobility (O 10

& M) services. Through the diagnosis and evaluation process the teacherstaff member 11

gathers information to aid in determining needs for teachinginstructional services. 12

13

(2) Rehabilitation teaching services in joint cases. Important services provided by 14

the teacher include evaluation and training in areas related to employment which 15

include but are not limited to consumer and family adjustment to blindness, 16

competence in communication, job readiness skills, personal management, home 17

management, and basic orientation to immediate surroundings to facilitate safe mobility 18

at home and work. 19

20

(3) Referral from rehabilitation teacher. When in the opinion of the rehabilitation 21

teacher a consumer could benefit from the services of a vocational rehabilitation 22

counselor, and the consumer wishes to pursue an employment outcome other than 23

homemaker, a written referral is made. Orientation and Mobility referral for joint 24

cases. Important services provided by the O & M Specialist include, but are not limited 25

to, evaluation and training for safe travel in the workplace, cane travel, preparation for 26

dog guide, and local transportation usage. 27

28

29

(4) Joint service status. When it is determined a consumer can benefit from both 30

teachinginstructional and counseling services the teachinginstructional staff and 31

counselor, through consultation with each other and the consumer, will each develop a 32

program of services. During the provision of services, the counselor and 33

teachinginstructional staff will share pertinent information including narrative recording, 34

through regular contact and case staffing. The formation of the instructional service 35

plan should include objectives and services to be provided. 36

37

(5) Closing joint cases. When preparing a joint case for closure, the rehabilitation 38

teachinginstructional staff and counselor will consult one another to determine 39

readiness for closure. 40

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612:10-13-16. Evaluation [AMENDED] 1

2

(a) Evaluation components and conditions. To be certified as an interpreter, an 3

individual must pass ana skill based performance evaluation. The evaluationprocess for 4

certification consists of a written examination and a performance evaluation. The 5

evaluationwritten examination and performance interview willmay include items onfrom the 6

Oklahoma Quality Assurances Code of EthicsQAST Ethical Standards and the Limitations 7

of Levels. Candidates can take the evaluations for Levels I/II/III and Level IV/V on the same 8

testing date, provided the candidate submits separate applications and pays the current fee 9

for both tests. The candidate forfeits the fee for Level IV/V testing if he or she fails to 10

achieve Level III certification. Interpreters who hold Level III certification in either 11

Interpreting or Transliterating may go on to test for Level IV/Vare required to take the IV/V 12

performance evaluation, which is in compliance with the Ethical Standards. 13

14

(b) Written examination. The written examination consists of questions designed to 15

measure knowledge of interpreting and situational ethics. Applicants must make a passing 16

score, as established by the program, before being allowed to take the performance 17

evaluation. If the written test is failed, Retestingretesting may be taken only after a six 18

month waiting periodagain in 30 calendar days. 19

20

(c) Performance Evaluation. The Interpreter Certification and Resource Center (ICRC) 21

administers two performance evaluations, certification levels for category I-III and 22

certification levels for category IV/V. The performance evaluation consists of a 23

personalethical situational questions, which is called an interview, conducted by the 24

evaluation team and a skill based proficiency test, which will test the candidate’s ability to 25

interpret and transliterate interactive settings. This will test both the applicants’ ability to 26

interpret and transliterate. Individuals may request testing for levels I, II, IIIcategory levels 27

I-III or category levels IV/V. If a failing score is obtained the candidate must wait six months 28

before retesting in the same category. The six month waiting period is waived for 29

individuals who achieve Level III and apply to test for Level IV/V. In this case, application 30

will be accepted for the next available testing date. A candidate is eligible to apply in the 31

same performance category, I-III or IV-V, in four months from prior testing date. A 32

performance application can be submitted before four months and will be placed on the 33

next available evaluation date after the four months waiting period. If an interpreter obtains 34

a level III in either transliterating or interpreting, he/she is immediately eligible to apply for 35

the IV/V performance. Different tests will be used for each category. Certification will be 36

granted to an individual whose total score falls within the acceptable range for that level. 37

38

(d) Conflict of interest. Interpreter certification program staff who select, manage or 39

coordinate the certification process or select evaluators are not eligible to test for Oklahoma 40

interpreter certification through this process. 41

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612:10-13-17. Evaluation team [AMENDED] 1

2

The evaluation team will consist of fourthree personstrained evaluators, with effort 3

given to have one deaf or hard of hearing evaluator on each the panel. Hearing members 4

of the evaluation team must hold a minimum of RID Nationals. Hearing evaluators of the 5

evaluation team must hold a recognized national certification or an ICRC level V/V. Either 6

certification must be in good standing with the certifying body for a minimum of one year. 7

Hearing and deaf evaluators must have been previously trained and have participated in 8

interpreter evaluations. The evaluators must attend the ICRC evaluation trainings, 9

participate in interpreter evaluations annually, and have a current contract on file with the 10

State Department of Rehabilitation Services. Evaluation team members will be selected 11

from a list of qualified individuals prepared by the Department. 12

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612:10-13-18. Fees [AMENDED] 1

2

A fee will be charged to each applicant who applies for the l written test and 3

performance evaluation for state certification of an interpreter for the deaf. A yearly 4

certification maintenance fee will also be charged. Individuals failing to timely pay the 5

maintenance fee must submit a reinstatement fee and the annual certification maintenance 6

fee along with the application for reinstatement. The fee structure will be based on the cost 7

of the evaluations, materials and certificate maintenance program. 8

9

The fee for the written test is $50.00. The fee for performance evaluation is 10

$100.00$125.00. The yearly certification maintenance fee is $40.00$50.00. The 11

certification reinstatement fee is $100. Out of state residents may take the 12

written/performance test for double the fee. 13

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612:10-13-20. Certification maintenance [AMENDED] 1

2

(a) General provisions for certification maintenance. Certification for levels I, II, and III 3

are good for a period of two years at which time the certification will expire or the interpreter 4

may re-test. Certification for Level IV certifications areis good for a three year period at 5

which time the certification will expire or the interpreter may re-test. Interpreters are 6

permitted to re-test before their certification has expired. Certification will remain valid for 7

an interpreter who has applied for re-evaluation and cannot be scheduled for testing prior to 8

his/her certificate's expiration date provided the application is received no later than 90 9

calendar days before the expiration date. Certification for Persons who hold Level V 10

certification areis considered to be permanentlypermanent certified. Interpreters are 11

permitted to re-test before their certification has expired. Certification will remain valid for 12

an interpreter who has applied for re-evaluation and cannot be scheduled for testing prior to 13

his/her certificate’s expiration date, provided the application is received no later than 90 14

calendar days before the expiration date. However, any certification will lapse if the 15

maintenance feesfee areis not paid and/or continuing education requirements are not met 16

by stipulated due dates, and/or if the performance application is not submitted 90 days 17

before levels expire. Individuals who have allowed either State Level IV or V certification to 18

lapse must take and pass the ICRC/QAST written portion and are required to take the level 19

I-III and receive Level III certification before applying for the Level IV/V portionbefore 20

becoming eligible for the performance evaluation. 21

22

(b) Continuing education requirements. QAST certified interpreters are required to 23

satisfy one (10 hours) Continuing Education Unit (CEU) annually, with .1 (1 hour) of this in 24

the category of Ethics. It is the interpreter’s responsibility to ensure all supportive CEU 25

documentation is submitted to the Interpreter Certification Resource Center (ICRC) staff 26

before or on December 31st, to avoid certification becoming invalid. If certification becomes 27

invalid, the individual must re-test, and will be required to take and pass the written 28

ICRC/QAST test before becoming eligible for the performance portion. 29

30

(c) Certification maintenance fee. A certification maintenance fee and maintenance fee 31

renewal form is due by January 31st each year. The renewal form must be postmarked on 32

or before January 31st to avoid certification becoming suspended. 33

34

(d) Certification suspension and reinstatement. If the certification maintenance fee and 35

renewal form are submitted after January 31st, the interpreter will become suspended, but 36

has an option to make application for reinstatement. The reinstatement application, a $100 37

reinstatement fee and payment of the annual certification maintenance fee will be required 38

for reinstatement. The reinstatement fee and certification maintenance fee are due before 39

or on February 28th to avoid certification becoming invalid. If certification becomes invalid, 40

the individual must re-test, and will be required to take and pass the written ICRC/QAST 41

test before becoming eligible for the performance portion. 42

43

(e) Expiration of certification. If an interpreter does not submit an application for re-44

testing 90 days prior to the level(s) expiration date, the interpreter’s level(s) will be 45

considered invalid on the expiration date. If level(s) become invalid, the individual must re-46

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test, and will be required to take and pass the ICRC/QAST written test before becoming 47

eligible for the performance portion. If an interpreter’s certification becomes invalid twice in 48

a four (4) year period due to non-compliance with either the CEU or maintenance fee 49

requirements, the interpreter will not be allowed to take the written portion or the 50

performance portion of the ICRC/QAST test until one (1) year from the date of the second 51

documented non-compliance. 52

Page # 99

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DRS:3-3-27. Department of Rehabilitation Services promotional plan [AMENDED] 1

2

(a) Promotional policy. It is the policy of the Department of Rehabilitation Services (DRS) 3

to follow this plan when posting and filling classified positions. The DRS promotional plan is 4

designed to provide employees with opportunities for career growth and advancement. No 5

person will be discriminated against because of race, sex, age, color, creed, religion, 6

political affiliation, national origin or disability. Promotional postings shall be required for 7

initial entry into a job family at any level. Promotional posting shall also be required for 8

entry into any vacant supervisory position or level. 9

10

(b) Posting decision. The decision to fill a vacancy, whether classified or unclassified is 11

made by the Director or designee. When continuous, multiple vacancies are anticipated, 12

general promotional opportunities may be posted. 13

14

(c) Posting notices. A vacancy within DRS will be posted on the agency electronic bulletin 15

board system. Notices will be posted at least five (5) working days. Notices will include 16

identification of the job family level (or levels) of the vacancy or vacancies, a listing of the 17

job title, major work duties and minimum qualifications; the pay band and range, the 18

anticipated number of vacancies, the specific location of work, the time limits and 19

procedure for filing an application and additional factors the agency will consider in filling 20

the vacancy or vacancies. The agency may limit a posting notice to a specific work unit, 21

local office, or administrative area. Specific information included on a posting does not limit 22

the Director's continuing authority to define or change the duties, responsibilities and 23

working conditions of positions. 24

25

(d) Eligibility for consideration. The agency may consider internal applicants following 26

closing of the announcement. To be eligible for consideration, a permanent classified DRS 27

employee must meet the requirements set forth in Paragraphs (1) or (2) of this Subsection. 28

29

(1) submit a completed Office of Personnel Management (OPM) Personal Data 30

Summary Sheet form for the position to the DRS Human Resources Unit or other 31

designated locationofficial State of Oklahoma employment application online with 32

OMES-HCM at jobs.ok.gov no later than the closing date and time specified on the 33

posting notice; and 34

35

(2) be certified by the OPMHCM Recruitment Division as meeting the minimum 36

qualifications for the posted Level(s) of the Job Family. However, career progression 37

promotions shall be exempt from this requirement provided that an employee has been 38

in a lower level of the job family for an amount of time equal to the difference in the 39

lengths of the experience requirements of the two levels. This exception shall not 40

apply in any case to entry into a job family or where the next higher level is a 41

supervisory position. 42

43

(e) Factors for consideration. Paragraphs (1) through (5) establish factors for 44

consideration. 45

46

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(1) In filling vacancies, the agency will consider factors such as performance 47

appraisals, education, experience, and other qualifications related to the expected 48

ability of an individual to perform the work successfully. 49

50

(2) The agency may also post and consider special additional factors such as limiting 51

consideration to permanent classified employees of the DRS, special working 52

conditions that an applicant must be willing to accept and selective qualifications 53

required for a position. 54

55

(3) When merit, ability, and capacity of that employee is relatively equal to other DRS 56

applicants seniority is considered a factor. Seniority is based upon the last date of 57

continuous DRS employment. 58

59

(4) Consideration may be given to redress underutilization of targeted minority groups. 60

To meet affirmative action goals, all available applicants may be considered. 61

62

(5) Preference will be given to the current incumbent when a position is reallocated. 63

64

(f) Methods for consideration. Paragraphs (1) through (3) establish methods for 65

consideration. 66

67

(1) The methods for consideration may include review of personnel records, 68

applications, ratings, work histories, attendance records, test results, references, and 69

other documents and information relating to a person's eligibility or qualifications. 70

71

(2) Applicants may be required to participate in interviews and in other selection 72

procedures. 73

74

(3) A personal background investigation, including any civilian and military court 75

records, will be conducted on all designated positions. 76

77

(g) Testing policy. The agency does not require examinations for promotions, demotions, 78

transfers or reinstatements. 79

80

(h) Cancellation and correction of posting. The Director or designee may elect to cancel 81

or correct a posting of a vacancy by posting such cancellation or correction. 82

83

(i) Reposting. If a notice is cancelled, a position will be reposted before it is filled except 84

as provided in (i) of this Section. After the closing date and time specified in a notice, the 85

agency may fill a position within ninety days. If a position is not filled within that time period, 86

the DRS Human Resources Unit will advise the Division Administrator or Director to 87

determine the need to extend the length of time to complete the selection process, repost 88

the posting, or cancel the posting. 89

90

(j) Actions not subject to the provisions of this plan. The appointments and changes in 91

employee classification or position assignment listed in this Section do not require posting 92

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or reposting and are not otherwise subject to this plan. However, at the discretion of the 93

Director, posting in accordance with this plan may occur. Actions not subject to the 94

provisions of this plan include but are not limited to: 95

96

(1) unclassified appointments; 97

98

(2) temporary appointments; 99

100

(3) non-competitive appointments; 101

102

(4) details to special duty; 103

104

(5) lateral intra-agency transfers within the same job family level; 105

106

(6) voluntary or involuntary demotions within DRS; 107

108

(7) career progression promotions within a Job Family, except those levels within a job 109

family which are supervisory or identified as vacant positions; 110

111

(8) direct reclassification made in accordance with Merit Rule 530:10-5-90260:25-5-90; 112

and 113

114

(9) reallocation of occupied, non-supervisory positions. 115

116

(k) Employee request for review of procedure. In the event a classified employee 117

believes the agency has deviated from this plan by failing to post a vacancy, failing to 118

provide sufficient time for replying to announcements or that the employee has been 119

treated unfairly, the employee can request a review of the procedure with the Human 120

Resources Programs Director. In accordance with merit rules, if the problem cannot be 121

resolved to the employee's satisfaction, he/she shall be advised of the DRS Internal 122

Agency Grievance Resolution Procedure. 123

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Page 105: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

OLBPH Donation Report December 2017 Donations

Donations under $500 Date Name Cash Fund Property Value

12.04.17 Jimi C. Davis $50.00216 12.12.17 Dixie Lynn Rhodes $10.00216

Subtotal of Cash (under $500) donated in December 2017

$60.00 Subtotal of Value $0.00

Donations $500 and over

None

Subtotal of Cash (over $500) donated in December 2017 TOTAL DONATION AMOUNTS December - 2017

$0.00

$60.00

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Page 107: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

OSB Donation Report December 2017 Donations

Donations under $500 Date Name Cash Fund Property Value

12.11.17 OK Home & Community Education $115.00701 12.19.17 Pecan Creek Winery Wine & Glasses for fundraiser $150.00

Subtotal of Cash (under $500) donated in Dec. 2017 $115.00 $150.00Donations $500 and over

12.13.17 OK Foundation f/t Ed. of Blind C&Y $927.00216 12.13.17 OK Foundation f/t Ed. of Blind C&Y $1,000.00701 12.18.17 Real Estate Professionals Assoc. $500.00701

Subtotal of Cash ($500 and over) donated In December 2017

$2,427.00 $00.00

TOTAL DONATION AMOUNTS December - 2017 $2,692.00

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Page 109: Commission for Rehabilitation Services · Commission for Rehabilitation Services 3535 NW 58th Street, Suite 200 Monday, January 8, 2018, 10:30 am Regular Meeting April Danahy –

DateNameCashFundExplanationProperty

12/1Sooner FoodsKey Club donation for Christmas$122.74

12/4OKC ThunderGame Tickets$315.00

12/6DRS/OKCWoodcraft popsicle sticks$15.00

12/6John Rider$200.0021600Monthly Donation

12/6Larry Hawkins$20.0070100Key Club

12/6RFD Construction$100.0070100Key Club

12/6Murray County Kiwanis$250.0070100Key Club

12/20Murray county Tractor$250.0070100Christmas Fund

$820.00Subtotal Property Under $500.00$452.74

DateNameCashFundExplanationProperty

12/12Sorenson Communications (Athletics)$1,000.0070100

Subtotal Property Over $500.00

$1,820.00Subtotal Property Combined$452.74

OSD Donation Report

December 2017

$2,272.74 Total donation for November 2017

Donations Under $500.00

Donations Over $500.00

Subtotal Cash Under $500.00

Subtotal Cash Over $500.00

Subtotal Cash Combined

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