WAC 67-25-005   Definitions.  (1) "Act" or "the law," except when context indicates otherwise, means the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.), as amended.

     (2) "Applicant" means an individual who has submitted to the department an application or letter requesting vocational rehabilitation services in accordance with WAC 67-25-010.

     (3) "Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, Brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

     (4) "Assessment" means one or more of the following as appropriate in each case:

     (a) An assessment to determine eligibility of an individual with a disability for vocational rehabilitation services in accordance with WAC 67-25-020;

     (b) A comprehensive assessment, in accordance with WAC 67-25-255, to determine with the individual the employment outcome to be achieved, and a detailed plan of services needed to obtain the employment outcome;

     (c) Assignment for order of priority, in accordance with WAC 67-25-460, if the department is unable to serve all eligible individuals;

     (d) Trial work experience and extended evaluation, in accordance with WAC 67-25-065 and 67-25-070, if there is a question about the applicant's ability to benefit in terms of an employment outcome from vocational rehabilitation services due to the significance of his or her disability.

     (5) "Blind person" means a person who:

     (a) Has no vision or whose vision with corrective lenses is so limited that the individual requires alternative methods or skills to do efficiently those things that are ordinarily done with sight by individuals with normal vision;

     (b) Has an eye condition of a progressive nature which may lead to blindness; or

     (c) Is blind for purposes of the business enterprise program in accordance with RCW 74.18.200.

     (6) "Client assistance program (CAP)" means a program, authorized under the act, which assists individuals with disabilities to receive vocational rehabilitation services by providing information and advocacy.

     (7) "Competitive employment" means work:

     (a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

     (b) For which an individual 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.

     (8) "Customer" means any individual with a disability:

     (a) Who has been found eligible for vocational rehabilitation services from the department; and

     (b) For whom services have not been denied or terminated by the department.

     (9) "Department" means the Washington department of services for the blind.

     (10) "Director," except when the context indicates otherwise, means the director of the department of services for the blind.

     (11) "Eligible individual" means an applicant for vocational rehabilitation services who meets eligibility requirements in accordance with WAC 67-25-030.

     (12) "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 (WAC 67-25-436), or any other type of employment in an integrated setting, including self-employment, telecommuting, business enterprises, or business ownership, that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. This definition also includes employment as a homemaker and employment as an unpaid family worker in accordance with procedures to be established by the department for determining the applicability of these outcomes for eligible individuals.

     (13) "Employment service provider" means a program that provides directly or facilitates the provision of one or more vocational rehabilitation services, which enable individuals with disabilities to maximize opportunities for employment, including career advancement. Services include:

     (a) Medical, psychiatric, psychological, social, and vocational services provided under one management;

     (b) Testing, fitting, or training in the use of prosthetic and orthotic devices;

     (c) Recreational therapy;

     (d) Physical and occupational therapy;

     (e) Speech, language and hearing therapy;

     (f) Psychiatric, psychological and social services, including positive behavior management;

     (g) Assessment for determining eligibility and vocational rehabilitation needs;

     (h) Rehabilitation technology;

     (i) Job development, placement, and retention services;

     (j) Evaluation or control of specific disabilities;

     (k) Assessment and training in adaptive skills of blindness;

     (l) Extended employment;

     (m) Psychosocial rehabilitation services;

     (n) Supported employment services and extended services;

     (o) Services to family members when necessary for the vocational rehabilitation of the customer;

     (p) Personal assistance services; or

     (q) Services similar to those described in (a) through (p) of this subsection.

     (14) "Extended employment" means work in a nonintegrated or sheltered setting for a public or private agency or organization that provides compensation in accordance with the Fair Labor Standards Act. The department will only support extended employment as an intermediate step toward competitive employment.

     (15) "Individual with a disability" for purposes of this chapter means an individual who:

     (a) Has a physical or mental impairment which results in a substantial impediment to employment; and

     (b) Can benefit in terms of an employment outcome from vocational rehabilitation services.

     (16) "Individual's representative" means any representative chosen by an applicant or eligible individual, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

     (17) "Informed choice" means the process by which an individual receiving vocational rehabilitation services from the department makes decisions about rehabilitation goals and the services and service providers necessary to reach those goals. Informed choice places primary responsibility for action and decision making with the individual, with support of a vocational rehabilitation counselor. Individuals have a right to make informed choices relating to:

     (a) Assessment services in accordance with WAC 67-25-020, 67-25-255, and 67-25-257;

     (b) Options for developing the individualized plan for employment in accordance with WAC 67-25-260;

     (c) Vocational rehabilitation services and service providers in accordance with WAC 67-25-350; and

     (d) Employment outcome and work setting.

     (18) "Integrated setting" means a setting typically found in the community in which an individual with a disability, including those with the most significant disabilities in accordance with WAC 67-25-060, interact with nondisabled individuals, other than service providers, to the same extent that nondisabled individuals in comparable settings interact with other persons.

     (19) "Residence" or "residency" means, for purposes of this chapter, voluntarily living in the state for other than temporary reasons at the time of application.

     (20) "Statewide workforce investment system" means a system described in section 111 (d)(2) of the Workforce Investment Act of 1998.

     (21) "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 capabilities.

     (22) "Vocational rehabilitation counselor" means a qualified employee of the department who has direct responsibility for providing or supervising the provision of all rehabilitation services to customers.

     (23) "Vocational rehabilitation services" means any goods or services necessary for a customer to achieve an employment outcome provided in accordance with WAC 67-25-350.



[Statutory Authority: Chapter 74.18 RCW. 05-08-097, § 67-25-005, filed 4/4/05, effective 5/5/05; 98-23-078, § 67-25-005, filed 11/17/98, effective 12/18/98. Statutory Authority: Chapter 74.15 RCW. 95-06-057, § 67-25-005, filed 2/28/95, effective 3/31/95. Statutory Authority: Chapter 74.18 RCW. 91-20-010, § 67-25-005, filed 9/20/91, effective 10/21/91; 85-06-030 (Order 85-02), § 67-25-005, filed 3/1/85. Statutory Authority: 1983 c 194 § 18. 84-19-003 (Order 84-04), § 67-25-005, filed 9/6/84; 84-01-042 (Order 83-08), § 67-25-005, filed 12/15/83. Formerly WAC 67-20-005.]