281—56.3 (259) Definitions. For the purpose of this chapter, the indicated terms are defined as follows:
“Act” means the federal Rehabilitation Act of 1973, as amended and codified at 29 U.S.C. Section 701, et seq.
“Aggregate data” means information about one or more aspects of division clients, or from some specific subgroup of division clients, but from which personally identifiable information on any individual cannot be discerned.
“Assistive technology device” means any item, piece of equipment or product system, whether acquired commercially or off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
“Assistive technology service” means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology services include:
	  1. 	 Evaluating the needs of an individual with a disability, including a functional evaluation of the individual in the individual’s customary environment;
	  2. 	 Aiding an individual with a disability in purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device;
	  3. 	 Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
	  4. 	 Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
	  5. 	 Providing training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and
	  6. 	 Providing training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with disabilities.
“Case record” means the file of personally identifiable information, whether written or electronic in form, on an individual that is collected to carry out the purposes of the division as defined in the Act and the Social Security Act. This information remains a part of the case record and is subject to these rules even when temporarily physically removed, either in whole or in part, from the file folder in which it is normally kept.
“Client” means an eligible individual receiving benefits or services from any part of the division and shall include former clients of the division whose files or records are retained by the division.
“Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which the client is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
“Department” means the department of education.
“Designated representative” means anyone the client designates to represent the client’s interests before and within the division. The term does not necessarily mean a legal representative. The designated representative may be a parent, guardian, friend, attorney, or other designated person.
“Division” means the division of vocational rehabilitation services of the department of education.
“Employment outcome” means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market; supported employment; or any other type of employment, including self-employment, telecommuting, homemaking, other unpaid work within the individual’s family, or business ownership, that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
“Home modification” means the alteration of an already existing living unit to make it usable or more usable by a person with a disability who is involved with the independent living program or as necessary to achieve stable employment as part of an individual plan for employment.
“Impartial hearing officer”  or “IHO”  means a person who is not an employee of the division; is not a member of the state rehabilitation advisory council; has not been involved previously in the vocational rehabilitation of the applicant or client; has knowledge of the delivery of vocational rehabilitation services, the state plan and the federal and state rules and regulations governing the provision of such services; has received training in the performance of the duties of a hearing officer; and has no personal or financial interest that would be in conflict with the person’s objectivity.
“Independent living services”  or “IL services”  means those items and services provided to individuals who have a significant physical, mental, or cognitive impairment and whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited, and for whom the delivery of IL services will improve their ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment.
“Individual plan for employment”  or “IPE”  means a plan that specifies the services needed by an eligible individual and the involvement of other payers and must include the expected employment outcome and the timeline for achievement of the expected employment outcome.
“Individual with a most significant disability” means an individual who is seriously limited in three or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome and includes an individual who, because of a disability, has been separated from employment or is in danger of becoming separated from employment.
“Individual with a significant disability” means an individual who has a significant physical or mental impairment that seriously limits one or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome or who is a recipient of SSD/SSI.
“Integrated work setting” means job sites where most of the client’s coworkers are not disabled and the client interacts on a regular basis, in the performance of job duties, with employees who are not disabled; or if the client is part of a distinct work group of only individuals with disabilities, the work group consists of no more than eight individuals; or the client has no coworkers; or if the only coworkers are part of a work group of eight or fewer individuals with disabilities, the client has regular contact with nondisabled individuals, other than the persons providing support service, including members of the general public.
“Maintenance” means monetary support provided to a client for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the client and that are necessitated by the client’s participation in the program.
“Mediation” means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies.
“Ongoing support services” means services that are needed to support and maintain individuals with the most significant disabilities in supported employment. Such services shall be specified in the IPE and include, at a minimum, twice-monthly monitoring at the work site to assess employment stability, unless it is determined in the IPE that off-site monitoring is more appropriate.
“Physical or mental impairment” means:
	  1. 	 Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or
	  2. 	 Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities.
	  3. 	 Any impairment for which an individual has a documented history of receiving special education services in both elementary and secondary school.
“Physical or mental restoration services” means:
	  1. 	 Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;
	  2. 	 Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws;
	  3. 	 Dentistry;
	  4. 	 Nursing services;
	  5. 	 Necessary hospitalization (either inpatient or outpatient) in connection with surgery or treatment and clinical services;
	  6. 	 Drugs and supplies;
	  7. 	 Prosthetic and orthotic devices;
	  8. 	 Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws;
	  9. 	 Podiatry;
	  10. 	 Physical therapy;
	  11. 	 Occupational therapy;
	  12. 	 Speech and hearing therapy;
	  13. 	 Mental health services;
	  14. 	 Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services or that are inherent in the condition under treatment;
	  15. 	 Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and
	  16. 	 Other medical or medically related rehabilitation services.
“Rehabilitation engineering” means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.
“Rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
“Residency requirement” is a condition of eligibility and is met by an individual who resides in the state of Iowa and is present and available for participation in a rehabilitation plan.
“Satisfactory employment” means stable employment consistent with an individual’s IPE and acceptable to both the individual and the employer.
“Status” means the existing condition or position of a case. The specific case statuses are as follows:
00-0 Referral (individual has been referred to or personally contacted the division by any means);
02-0 Applicant (individual requests services and signs the rights and responsibilities form);
04-0 Accepted for services (eligible), but does not meet waiting list categories being served;
06-0 Trial work experiences/extended evaluation (individual’s abilities, capabilities, and capacities are explored);
08-0 Closed before acceptance (eligibility criteria cannot be met or case is closed for some other reason);
10-__ Accepted for services (eligible); substatuses are:
10-0 Eligible individuals other than high school students;
10-1 Eligible high school students;
12-0 IPE developed, awaiting start of services;
14-0 Counseling and guidance only (counselor works with client directly to reach goals through counseling and placement);
16-0 Physical and mental restoration (when such services are the most significant services called for on the IPE);
18-__ Training (when training is the most significant service called for on the IPE); substatuses are:
18-1 Training in a workshop/facility;
18-2 On-the-job training;
18-3 Vocational-technical training;
18-4 Academic training;
18-5 Correspondence training;
18-6 Supported employment;
18-7 Other types of training not covered above (including nonsupported employment job coaching);
20-0 Ready for employment (IPE has been completed to extent possible);
22-0 Employed;
24-0 Service interrupted (IPE can no longer be continued for some reason and no new IPE is readily obvious);
26-0 Closed rehabilitated (can only occur from Status 22-0 when client has been employed in the job of closure for a minimum of 90 days);
28-0 Closed after IPE initiated (suitable employment cannot be achieved or employment resulted without benefit of services from the division);
30-0 Closed before IPE initiated (can only occur from either Status 10-__ or 12-0 when a suitable individual plan for employment cannot be developed or achieved or when employment resulted without benefit of services from the division);
32-0 Postemployment services;
33-__ Closed after postemployment services; substatuses are:
33-1 Individual is returned to suitable employment or employment is otherwise stabilized;
33-2 Case reopened for comprehensive vocational rehabilitation services;
33-3 Situation has deteriorated to the point that further services would be of no benefit to individual;
38-0 Closed from Status 04-0 (individual does not meet one of the waiting list categories and the individual no longer wants to remain on the waiting list or fails to respond when contacted because individual’s name is at top of waiting list).
“Substantial impediment to employment” means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual’s abilities and capacities.
“Supported employment” means:
1. Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals, with ongoing support services for individuals with the most significant disabilities:
	  ● 	 For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
	  ● 	 Who, because of the nature and severity of their disabilities, need intensive supported employment services from the division and extended services after transition to perform this work; or
2. Transitional employment, as defined herein, for individuals with the most significant disabilities due to mental illness.
“Supported employment services” means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the division:
	  1. 	 For a period of time not to exceed 18 months unless, under special circumstances, the eligible individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the IPE; and
	  2. 	 Following successful case closure, as postemployment services that are unavailable from an extended service provider and that are necessary for the individual to maintain or regain the job placement or to advance in employment.
“Transitional employment,” as used in the definition of supported employment, means a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.
“Transition services” means a coordinated set of activities provided to a student and designed within an outcome-oriented process that promotes movement from school to postschool activities. Postschool activities include postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation. The coordinated set of activities must be based upon the individual student’s needs, taking into account the student’s preferences and interests, and must include instruction, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student’s IPE.
“Trial work experiences” means an exploration of the individual’s abilities, capabilities, and capacity to perform in realistic work situations in an integrated work setting in order to determine whether there is clear and convincing evidence that the individual is too severely disabled to benefit from the division’s services.