Virginia Law

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly states otherwise:

"Applicant" means an individual who submits an application for vocational rehabilitation services.

"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 telecommunication services and audio recordings, Brailed and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

"Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially 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 including:

1. The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his customary environment;

2. Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability 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 educational and rehabilitation plans and programs;

5. 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. 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 a disability.

"Blind" means having not better than 20/200 central visual acuity in the better eye measured at 20 feet with correcting lenses or having visual acuity greater than 20/200 but with the widest diameter of the visual field in the better eye subtending an angle of no greater than 20 degrees, measured at a distance of 33 centimeters using a three-millimeter white-test object, a Goldman III-4e target, or other equivalent equipment. Such blindness shall be certified by a duly licensed physician or optometrist. (§ 51.5-60 of the Code of Virginia)

"Client assistance program" means the program located within the disAbility Law Center of Virginia for the purpose of advising applicants or eligible individuals about all available services under the Rehabilitation Act, as amended by the Workforce Innovation and Opportunity Act of 2014 (29 USC § 3101 et seq.), as amended, and to assist them in their relationship with programs, projects, and facilities providing rehabilitation services.

"Community rehabilitation program" means a program that provides directly or facilitates the provision of one or more of the allowable vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement.

"Comparable services and benefits" means services and benefits that are (i) provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits; (ii) available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment; and (iii) commensurate to the services that the individual would otherwise receive from the designated state vocational rehabilitation agency. For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.

"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 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.

"DBVI" means the Department for the Blind and Vision Impaired.

"Eligible individual" means an applicant for vocational rehabilitation services who meets the eligibility requirements in 22VAC45-51-40.

"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 to the greatest extent practicable, supported employment, or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

"Extended employment" means work in a nonintegrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act (29 USC § 201 et seq.) and any needed support services to an individual with a disability to enable the individual to continue to train or otherwise prepare for competitive employment, unless the individual through informed choice chooses to remain in extended employment.

"Extended services," as used in the definition of "supported employment," means ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a state agency, a private nonprofit organization, an employer, or any other appropriate resource from funds other than funds received under 34 CFR Part 361 and 34 CFR Part 363 after an individual with a most significant disability has made the transition from support provided by DBVI.

"Family member" for the purposes of receiving vocational rehabilitation services means an individual who is either a relative or guardian of an applicant or eligible individual or lives in the same household as an applicant or eligible individual who has a substantial interest in the well-being of that individual and whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

"Financial need test" means the test developed by DBVI and used to consider the financial need of applicants or eligible individuals with blindness or visual impairment for the purpose of determining the extent of their participation in the costs of vocational rehabilitation services.

"Impartial hearing officer" means an individual who is not an employee of a public agency other than an administrative law judge, hearing examiner, or employee of an institution of higher education; is not a member of the State Rehabilitation Council for the Blind and Vision Impaired; has not been involved previously in the vocational rehabilitation of the applicant or eligible individual; has knowledge of the delivery of vocational rehabilitation services, the state plan, and the federal and state regulations governing the provision of services; has received training with respect to the performance of official duties; and has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual. An individual is not considered to be an employee of DBVI for the purposes of this definition solely because the individual is paid by the DBVI to serve as a hearing officer (34 CFR 361.5(b)(25)).

"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.

"Individual with a most significant disability" means an individual who has no functional vision or is significantly visually impaired; has a secondary disability that profoundly limits two or more life activities, such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance, or work skills in terms of achieving an employment outcome; and the individual's vocational rehabilitation is expected to require three or more vocational rehabilitation services for one year or more.

"Individual with a significant disability" means the significant visual impairment does not enable the individual to obtain a driver's license in Virginia with normal correction; "seriously limits" one or more life activities, such as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance, or work skills, in terms of achieving an employment outcome; and the individual's vocational rehabilitation shall require two or more substantial vocational rehabilitation services for a minimum of three months.

"Individualized plan for employment" or "IPE" means a unique plan for employment that is customized for each eligible individual receiving vocational rehabilitation services.

"Integrated setting," with respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons.

"Maintenance" means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation services under an individualized plan for employment.

"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 remedies.

"One-stop center" means a center designed to provide a full range of assistance to job seekers under one roof. Established under the Workforce Innovation and Opportunity Act of 2014 (29 USC § 3101 et seq.), the centers offer training, career counseling, job listings, and similar employment-related services.

"On-the-job training" means job training received in a real work environment for individuals who are job ready.

"Ophthalmologist" means a physician specializing in diseases of the eye.

"Optometrist" means any person practicing the profession of optometry as defined by § 54.1-3200 of the Code of Virginia and regulations of the Board of Optometry (18VAC105-20).

"Order of selection" means the order defined in the state plan for vocational rehabilitation services that DBVI shall follow in selecting eligible individuals to be provided vocational rehabilitation services when DBVI determines that it is unable to provide the full range of vocational rehabilitation services to all eligible individuals.

"Personal assistance services" means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. These services shall be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. These services may include training in managing, supervising, and directing personal assistance services.

"Personal information" means all information that describes, locates, or indexes anything about an individual including (i) social security number, driver's license number, agency-issued identification number, student identification number, or real or personal property holdings derived from tax returns and (ii) education, financial transactions, medical history, or employment record.

"Post-employment services" means one or more of the services identified in 22VAC45-51-80 that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

"Profoundly limits" means the individual is unable to use vision (with or without visual aids) to assist him in performing such functions as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance, or work skills and the individual has not acquired the adaptive skills to compensate for the lack of functional vision.

"Qualified and impartial mediator" means an individual who is not an employee of a public agency other than an administrative law judge, hearing examiner, employee of a state office of mediators, or employee of an institution of higher education; is not a member of the State Rehabilitation Council for the Blind and Vision Impaired; has not been involved previously in the vocational rehabilitation of the applicant or eligible individual; is knowledgeable of the vocational rehabilitation program and the applicable federal and state laws, regulations, and policies governing the provision of vocational rehabilitation services; has been trained in effective mediation techniques consistent with any state-approved or recognized certification, licensing, registration, or other requirements; and has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual during the mediation proceedings. An individual serving as a mediator is not considered to be an employee of DBVI for the purposes of this definition solely because the individual is paid by DBVI to serve as a mediator.

"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.

"Seriously limits" means an individual has some functional vision (with or without visual aids) that is used by the individual in performing such functions as mobility, communication, self-care, interpersonal skills, self-direction, work tolerance, or work skills and the individual has not acquired the adaptive skills to compensate for the limited functional vision.

"Significant visual impairment" means vision worse than 20/70 in the better eye with correction or a field of vision restricted to less than 70 degrees in the better eye.

"Supported employment" means (i) competitive work 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 individual 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 DBVI and extended services after transition to perform this work or (ii) transitional employment for individuals with the most significant disabilities due to mental illness.

"Transition services" means a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to post-school activities, including post-secondary education, vocational training, and integrated employment (including supported employment), continuing adult education, adult services, independent living, or community participation.

"Transportation" means travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems.

"Vocational rehabilitation services" or "services" means goods and services that are available to assist the individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice as described in 22VAC45-51-70 and 34 CFR 361.48.

"Work adjustment training" means a training process utilizing individual and group work or work-related activities to assist individuals in understanding the meaning, value, and demands of work; to modify or develop attitudes, personal characteristics, and work behavior; and to develop functional capacities, as required, in order to assist individuals toward their optimum level of vocational development.