Section 460IAC14-3-1. Definitions

   The following definitions in this rule apply throughout this article:

(1) "Acquisition cost" has the meaning set forth in 34 CFR 80.3.

(2) "Act" has the meaning set forth in 34 CFR 361.5(b)(1).

(3) "Administrative review" means the procedure that enables a party who is dissatisfied with the decision of the impartial hearing officer to seek review of the impartial hearing officer's decision after an impartial due process hearing.

(4) "Americans with Disabilities Act" or "ADA" means the Americans with Disabilities Act of 1990 (P.L.101-336 and 42 U.S.C. 12101, et seq.), as amended.

(5) "Applicant" has the meaning set forth in 34 CFR 361.5(b)(4).

(6) "Appropriate modes of communication" has the meaning set forth in 34 CFR 361.5(b)(5).

(7) "Approved interpreter" means an interpreter who possesses a valid Indiana interpreter certificate or has the prior approval of the director of deaf and hard of hearing services to interpret to meet a special or emergency need.

(8) "Area supervisor" means an individual employed by BRS who is responsible for the direct supervision of vocational rehabilitation counselors, other staff, and office operations of an area office.

(9) "Assessment for determining eligibility and vocational rehabilitation needs" has the meaning set forth in 34 CFR 361.5(b)(6).

(10) "Assessment of eligibility and priority for services" means the assessment for determining eligibility and vocational rehabilitation needs described in 34 CFR 361.5(b)(6)(i).

(11) "Assessment of vocational rehabilitation needs" means that part of the assessment for determining eligibility and vocational rehabilitation needs described in 34 CFR 361.5(b)(6)(ii).

(12) "Assistive technology device" has the meaning set forth in 34 CFR 361.5(b)(7).

(13) "Assistive technology service" has the meaning set forth in 34 CFR 361.5(b)(8).

(14) "Bureau of rehabilitation services" or "BRS" means the rehabilitation services bureau created under IC 12-12-1-1.

(15) "Business enterprise program" or "BEP" means the Indiana Randolph-Sheppard Business Enterprise Program authorized by 20 U.S.C. 107 and IC 12-12-5.

(16) "Clear and convincing evidence" has the meaning set forth in 34 CFR 361.42.

(17) "Client assistance program" or "CAP" means the program established by the 1984 amendments to the Rehabilitation Act and administered by Indiana protection and advocacy services.

(18) "Community rehabilitation program" or "CRP" has the meaning set forth in 34 CFR 361.5(b)(9).

(19) "Comparable services and benefits" has the meaning set forth in 34 CFR 361.5(b)(10).

(20) "Competitive employment" has the meaning set forth in 34 CFR 361.5(b)(11).

(21) "Confidential information" means information, regardless of format or source, that identifies, or can be used to identify, any current or former applicant or eligible individual.

(22) "Contiguous out-of-state areas" means immediately adjacent out-of-state major metropolitan areas, cities, or towns sharing part of their borders with the state of Indiana.

(23) "Deaf and hard of hearing services" means the unit established under IC 12-12-1-2.

(24) "Designated state agency" or "DSA" has the meaning set forth in 34 CFR 361.5(b)(13).

(25) "Designated state unit" or "DSU" has the meaning set forth in 34 CFR 361.5(b)(14).

(26) "Director" means the director of the bureau of rehabilitation services.

(27) "Disclose" or "disclosure" means to permit access to or to release, transfer, or otherwise communicate confidential information concerning any individual or applicant.

(28) "Division" or "DDRS" means the division of disability and rehabilitative services created under IC 12-9-1-1.

(29) "Eligible individual" has the meaning set forth in 34 CFR 361.5(b)(15).

(30) "Employment outcome" has the meaning set forth in 34 CFR 361.5(b)(16).

(31) "Equipment" as used in connection with business equipment, durable medical equipment, occupational equipment, or other items purchased with vocational rehabilitation program funds, means tangible, nonexpendable devices and apparatus, whether movable or fixed, having a useful life of more than one (1) year, inclusive of all component or integral parts and appurtenances, installation, and setup necessary for the performance of the functions for which the equipment is purchased.

(32) "Expected family contribution" has the meaning set forth in 34 CFR 668.2.

(33) "Extended employment" has the meaning set forth in 34 CFR 361.5(b)(19).

(34) "Extended evaluation" means an extension of an assessment of eligibility and priority for services during which services are provided in order to assess whether certain individuals with significant disabilities are able to benefit from vocational rehabilitation services in terms of an employment outcome.

(35) "Extended services" has the meaning set forth in 34 CFR 361.5(b)(20).

(36) "Fair market value" means the amount for which property would sell on the open market if put up for sale in the ordinary course of business.

(37) "Family and social services administration" or "FSSA" means the office of the secretary of family and social services created under IC 12-8-1.5-1.

(38) "Family member" has the meaning set forth in 34 CFR 361.5(b)(23).

(39) "Fiscal year" has the meaning set forth in 34 CFR 77.1(c).

(40) "Impartial due process hearing" has the meaning set forth in 34 CFR 361.57(e).

(41) "Impartial hearing officer" or "IHO" has the meaning set forth in 34 CFR 361.5(b)(25).

(42) "Indiana protection and advocacy services" or "IPAS" means the commission established under IC 12-28-1.

(43) "Individual with a disability" has the meaning set forth in 34 CFR 361.5(b)(28).

(44) "Individual with a most significant disability" means an individual with a significant disability as defined in 460 IAC 14-8-1(b).

(45) "Individual with a significant disability" has the meaning set forth in 34 CFR 361.5(b)(31). An individual with a disability is presumed to be an individual with a significant disability if he or she meets the requirements under 34 CFR 361.42(a)(3).

(46) "Individualized plan for employment" or "IPE" means a written plan of services developed and implemented for an eligible individual, which identifies the eligible individual's employment outcome, the anticipated duration of his or her participation in the vocational rehabilitation program, the specific vocational rehabilitation services that will be provided to enable him or her to achieve the outcome, the service providers selected, the criteria that will be used to evaluate his or her progress toward achievement of the employment outcome, and the other terms and conditions of the IPE including the requirements for developing, reviewing, and amending the IPE and its mandatory components described in 34 CFR 361.45 and 34 CFR 361.46.

(47) "Individual's representative" has the meaning set forth in 34 CFR 361.5(b)(32).

(48) "Informed choice" means that an applicant or an eligible individual has full participation in the selection of his or her employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome that will be provided, the entities that will provide the services, the settings in which the services will be provided, and the available methods used for procuring the services.

(49) "Informed consent" means a written request signed by the individual or his or her representative allowing the division to obtain confidential information from or disclose confidential information to another party.

(50) "In-state" means within the state of Indiana and contiguous out-of-state areas.

(51) "Integrated setting" has the meaning set forth in 34 CFR 361.5(b)(33).

(52) "Job-related services" means job development, job modification, placement assistance, follow-up, and follow-along services required for an eligible individual to secure, maintain, or retain an employment outcome.

(53) "Maintenance", for purposes of subdivision (75), has the meaning set forth in 34 CFR 361.5(b)(35).

(54) "Mediation" has the meaning set forth in 34 CFR 361.5(b)(43).

(55) "Ongoing support services" has the meaning set forth in 34 CFR 361.5(b)(38) and 34 CFR 363.6(c)(3).

(56) "Order of selection" means the procedure used by the division to determine the priority in which eligible individuals will receive services if there are insufficient resources to serve all eligible individuals in the state who apply for services.

(57) "Personal assistance services" has the meaning set forth in 34 CFR 361.5(b)(39).

(58) "Physical and mental restoration services" has the meaning set forth in 34 CFR 361.5(b)(40).

(59) "Physical or mental impairment" has the meaning set forth in 34 CFR 361.5(b)(41).

(60) "Post-employment services" has the meaning set forth in 34 CFR 361.5(b)(42).

(61) "Postsecondary education" has the meaning set forth in 34 CFR 643.7.

(62) "Private" has the meaning set forth in 34 CFR 77.1(c).

(63) "Public" has the meaning set forth in 34 CFR 77.1(c).

(64) "Qualified and impartial mediator" has the meaning set forth in 34 CFR 361.5(b)(43).

(65) "Real property" has the meaning set forth in 34 CFR 74.2.

(66) "Record of services" means the record created and maintained by the bureau for each applicant and eligible individual that contains any and all information concerning an individual's participation in the vocational rehabilitation program.

(67) "Reviewing authority" means the director of the division of disability and rehabilitative services or the director's designee.

(68) "Self-employment" means a competitive employment outcome in which the eligible individual is working for himself or herself independently, rather than as the employee of another individual or entity. The term includes, but is not limited to, a small business operation.

(69) "Service priority category" means one (1) of three (3) categories to which an individual is assigned for order of selection based on the severity of his or her disability and the scope and duration of services needed for the individual to achieve an employment outcome.

(70) "Service provider" means any person, business, organization, or entity that provides vocational rehabilitation services to individuals with disabilities. A family member of an applicant or eligible individual is prohibited from being a service provider for that applicant or eligible individual.

(71) "Services to family members" means vocational rehabilitation services provided to a family member as defined in 34 CFR 361.5(23) that are necessary to enable an applicant or eligible individual to achieve an employment outcome.

(72) "Substantial impediment to employment" has the meaning set forth in 34 CFR 361.5(b)(52).

(73) "Supported employment" has the meaning set forth in 34 CFR 361.5(b)(53).

(74) "Supported employment services" has the meaning set forth in 34 CFR 361.5(b)(54).

(75) "Supporting services" means maintenance, transportation, services to family members, and personal assistance services. Supporting services are not intended to support the individual, but rather to support the individual's participation in other vocational rehabilitation services.

(76) "Transportation" has the meaning set forth in 34 CFR 361.5(b)(57).

(77) "Trial work experience" or "TWE" means the exploration of an individual's abilities, capabilities, and capacity to perform in realistic work situations in order to determine whether or not there is clear and convincing evidence to support a determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

(78) "Tuition" means the amount charged for instruction by the institution of higher education in which a student is enrolled.

(79) "Vocational rehabilitation counselor" or "counselor" means an individual employed by BRS to manage an applicant or eligible individual's case and provide vocational rehabilitation services. An area supervisor, region manager, or other appropriate designee may also act as a counselor.

(80) "Vocational rehabilitation program" or "VR program" means the unit within the bureau of rehabilitation services charged with the provision of vocational rehabilitation services.

(81) "Vocational rehabilitation services" has the meaning set forth in 34 CFR 361.5(b)(58).

(Division of Disability and Rehabilitative Services; 460 IAC 14-3-1; filed Jul 13, 2015, 4:09 p.m.: 20150812-IR-460140507FRA; errata filed Jun 30, 2016, 3:47 p.m.: 20160720-IR-460160272ACA)