Administrative Code

Virginia Administrative Code
12/8/2021

Part III. Eligibility

22VAC45-70-30. Eligibility for rehabilitation teaching services.

A. To be eligible for rehabilitation teaching services, a consumer must have a visual limitation that constitutes or results in a substantial impediment to personal independent functioning. A consumer has a visual limitation if one or more of the following criteria are met:

1. Legal blindness;

2. 20/100 to 20/200 distance vision in the better eye with correcting glasses or a field limitation to 30 degrees or less in the better eye, and if the person has been unable to adjust to the loss of vision and if it is determined by the rehabilitation teacher that the person is in need of the specialized services available through the Department for the Blind and Vision Impaired's rehabilitation teaching; or

3. Night blindness or a rapidly progressive eye condition which, in the opinion of a qualified ophthalmologist, will reduce the distance vision to 20/200 or less.

B. A reasonable expectation that rehabilitation teaching services will significantly assist the consumer to improve his ability to cope with blindness and to function more independently.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 3.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

22VAC45-70-40. Eligibility determination.

Prior to or simultaneously with acceptance of a consumer for rehabilitation teaching services, there shall be a determination of eligibility; a case narrative shall state the basis for the visual eligibility and a reasonable expectation that rehabilitation teaching will significantly assist the consumer in achieving or maintaining functional independence. When a consumer is determined ineligible for rehabilitation teaching services, the rehabilitation teacher shall inform the consumer of the ineligibility determination, stating the reason or reasons. This may be done during a personal contact or by a letter.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 3.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

22VAC45-70-50. (Repealed.)

Historical Notes

Derived from VR670-03-3 § 3.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 18, Issue 11, eff. March 13, 2002.

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