OAR 582-070-0020: Specific Policies

Specific rules pertain to the provision of the following services: (1) Academic and vocational training. The Program may authorize training services considered necessary to achieve the employment outcome specified in the individualized plan for employment (IPE). This training is limited to essential training that meets the designated employment goal. The training must adequately prepare the participant for occupations that customarily require a certificate, licensure, or degree in professional, managerial, technical, or related fields. (a) Training services: Training services may encompass a range of options, including academic programs, vocational training, on-the-job training, apprenticeships, and disability-related skill development, provided they align with the participant’s identified employment goal as designated in the individualized plan for employment (IPE). (b) Maximum efforts: All participants must make maximum efforts to secure student financial aid or other comparable benefits prior to a Program vocational rehabilitation counselor approving training. This includes making timely applications for grants or community resource assistance. (c) Assessing the suitability of the job goal and training: The Program's vocational rehabilitation counselor evaluates the individual's suitability for the selected vocational goal and related training. This assessment includes but is not limited to a review of the individual's functional capacities, abilities, aptitude, resources, concerns, and personal preferences, utilizing information gathered through interviews, eligibility determination, and vocational assessments. (d) Approval levels: Approval for academic or vocational training within an individualized plan for employment (IPE) is contingent upon the level and location of the program. (A) Vocational rehabilitation counselors are authorized to approve training programs that lead to a certificate, associate degree, or bachelor’s degree. (B) Branch managers are authorized to approve graduate-level programs, including master's and doctoral degrees. They must provide prior written approval of any plan for this level of education. (C) Training at private institutions, out-of-state academic or out-of-state vocational training programs require the prior written approval from the Deputy Director of Direct Services. (D) Consideration for housing support is evaluated and considered solely based on the individual’s disability-related accessibility needs. Prior written approval from the Deputy Director of Direct Services is required. (e) Requirements for institutions and training programs: To meet Program requirements, trainings must meet one of the following standards: (A) Vocational or academic training may be approved solely at accredited and authorized institutions, including community colleges, state universities, and licensed career schools. These institutions must be recognized by the Higher Education Coordinating Commission (HECC), and comply with all applicable accreditation, authorization, and licensing standards. (B) Any online training program considered for Program funding must be recognized by the Higher Education Coordinating Commission (HECC), and comply with all applicable accreditation, authorization, and licensing standards. (C) An apprenticeship program that is registered with the Oregon State Apprenticeship and Training Council. (D) The following trainings are exempt from licensure and authorization by the Higher Education Coordinating Commission (HECC): basic academic, remedial, or literacy instruction; disability-related skills training; job readiness training; miscellaneous training opportunities; on-the-job training (OJT); tutoring; and other goods and services related to training, provided the entity offering the training adheres to industry standards and meets Program vendor requirements. (f) Expectations for participants enrolled in Program funded academic or vocational training: (A) The Program shall establish clear and consistent expectations for all participants engaged in educational or vocational training services. These expectations are intended to ensure that services align with the participant’s agreed upon employment goal and are delivered in a manner that supports successful program completion and long-term employment outcomes. (B) Participants receiving Program-funded training services must comply with all expectations as established by the Program. These expectations must be monitored and evaluated on an ongoing basis by the VR counselor or other assigned staff. Expectations include, but are not limited to: (i) Course requirements: Only those courses that are directly required to achieve the employment outcome listed in the individualized plan for employment are eligible for Program funding. Any service of an approved academic or training program that involves additional costs—such as elective courses requiring specialized tools or equipment, or other activities incurring expenses beyond standard tuition and fees—must be reviewed and approved by the Program in advance. (ii) Academic progress: Participants must demonstrate satisfactory progress toward the completion of their academic or vocational training program. The timeline for completion shall be determined by the Program based on the structure of the training program, the participant’s individual circumstances, and the requirements necessary to achieve the employment outcome. (iii) Grade point average (GPA): Participants must maintain a cumulative GPA adequate to meet or exceed the academic and professional standards required for their designated field of study. This includes maintaining eligibility for federal financial aid, avoiding academic probation, and meeting the minimum academic criteria for entry into programs with competitive admission standards. In cases where no specific industry standard has been identified, participants must maintain a minimum cumulative GPA of 2.0 to remain eligible for continued Program funding. (iv) Measurable skill gains (34 CFR 361.155(a)(1)(iv)) and credential attainment (34 CFR 361.155(a)(1)(v)): Participants are required to demonstrate measurable skill gains and actively work towards the attainment of credentials as outlined in their individualized plan for employment (IPE). The participant must provide appropriate documentation to the Program to ensure that these skill gains and credential achievements are properly tracked. (g) Contact requirements for participants enrolled in training: The Program is required to establish regular check-ins with participants pursuing academic or vocational training, tailored to the individual’s needs, in order to address any issues that may impede progress toward the completion of their program. More frequent contact may be required as deemed necessary by the Program. (h) Financial aid and comparable benefits: All participants seeking Program support for academic or vocational training are required to annually apply for financial aid through the Free Application for Federal Student Aid (FAFSA) and any other applicable comparable benefits. (A) These applications must be submitted as soon as they become available through Free Application for Federal Student Aid (FAFSA) or the relevant entity, but no later than the designated deadlines set by Free Application for Federal Student Aid (FAFSA) or any other applicable entities. (B) Participants must pursue and use comparable benefits, including grants and community resources prior to the Program providing funding for educational costs, including tuition, fees, books and supplies. Participants who have been offered the Oregon Promise Grant must use this benefit. The participant shall seek comparable benefits at the earliest possible stage during the individualized plan for employment (IPE) development process. (C) In instances where the selected training institution does not offer federal financial aid, the Program must document the exploration of available comparable benefits and evaluate alternative institutions that offer federal financial aid, to ensure enrollment at a non-financial aid eligible institution is justified. (D) All participants, including those in pursuit of a master's degree or higher or known to be in default on student loans, must apply for Free Application for Federal Student Aid (FAFSA). (E) Participants who are in default on student loans shall not be eligible for Program support for training at institutions that offer federal financial aid. (F) Individuals who received a federally determined Total and Permanent Disability Discharge must complete the Free Application for Federal Student Aid (FAFSA) application and must utilize any financial aid awards outlined in their award letter. (G) If a duplicate payment arises due to the timing of Program support and financial aid is dispersed, the participant must promptly notify the Program when aware of the duplication. Upon such notification, the Program shall take immediate action to adjust projected payments, recover the duplicate funds, or both. (i) Understanding and calculating Program maximum financial contribution: The Program shall use the VR Financial Aid Calculation Worksheet to determine the maximum financial contribution available to a participant. (A) This worksheet must be completed on an annual basis or whenever there is a change to the participant’s financial aid package. (B) All information used in the calculation must be current and taken from the participant’s accepted financial aid award letter issued by the institution the individual attends. (C) The results of this calculation shall update the individualized plan for employment (IPE) with accurate financial information. The calculation is based on data obtained from the Free Application for Federal Student Aid (FAFSA) and the financial aid information from the specific institution of attendance. The Program’s formula aligns with the federal financial aid process and incorporates the Student Aid Index (SAI). (D) To determine the Program’s maximum financial contribution, the Cost of Attendance (COA) at the institution the individual attends shall be reduced by the Student Aid Index (SAI), financial aid awards, and any expenses not allowable under Program policy. The resulting amount represents the Maximum VR Contribution and shall not exceed the total Cost of Attendance. (i) Examples of financial aid awards include but are not limited to: Federal Pell Grant (PELL), Federal Supplemental Education Opportunity Grant (FSEOG/SEOG), Oregon Opportunity Grant (OOG). (ii) Any individual who has been determined eligible for, and is currently receiving, Social Security benefits under Title II (Social Security Disability Insurance – SSDI) or Title XVI (Supplemental Security Income – SSI) of the Social Security Act are exempt from any financial contribution toward services outlined in the individualized plan for employment (IPE). When completing the VR Financial Aid Calculation Worksheet for such individuals, the Program shall exclude the Student Aid Index (SAI) from the financial contribution calculation. (iii) Mandatory participant contributions identified through the Financial Needs Test (FNT) are not used to calculate the Program’s maximum contribution for academic or vocational training, nor applied to any other part of the individualized plan for employment (IPE). (E) After completing the VR Financial Aid Calculation Worksheet, the Program may authorize funding for allowable educational expenses, including tuition, fees, books, and required supplies, up to the Maximum VR Contribution, but not exceeding the established Cost of Attendance. (F) Participants are responsible for reporting all financial contributions toward the Cost of Attendance (COA) to the institution's Financial Aid Office (FAO). The Program shall not be held responsible for any over-award situations that may result from the inclusion of the Program’s financial support. (G) The Program shall continue to utilize data derived from the Free Application for Federal Student Aid (FAFSA) and the financial aid information provided by the institution the individual attends to assess its financial contribution. In the event of changes to federal financial aid terminology or methodology, the Program maintains consistency in its process by relying on the most current financial information made available through the Free Application for Federal Student Aid (FAFSA) and institutional sources. (j) Allowable academic and vocational training costs: The Program's financial assistance for a participant’s academic or vocational training program shall not exceed the cost identified as the public in-state rate. The Program prioritizes support for academic or vocational training at the college, university, or vocational training institution that is geographically nearest to the participant’s place of residence. (A) When no publicly supported school offers a comparable program necessary to reach the employment outcome, the Deputy Director of Direct Services may grant an exception to the requirement to use the public in-state rate. (B) Any request for housing support, regardless of the participant’s degree or certification level, shall require prior written approval from the Deputy Director of Direct Services. (i) Approval of housing support shall be granted exclusively on the basis of substantiated disability-related accessibility needs. (ii) This requirement ensures uniformity in the application and administration of housing-related supports across all Program participants statewide. (C) If a participant elects to study at an out-of-state institution, enrolls in a private institution, or is not an Oregon resident, the Program shall determine the maximum contribution based on a comparable public in-state program. (i) To complete the Program VR Financial Aid Calculation Worksheet, the Program must identify a comparable in-state program offered at a public institution geographically closest to the participant’s residence that aligns with the established selected employment goal. (ii) The Cost of Attendance for the identified comparable program shall serve as the basis for the financial aid calculation and must be obtained from the institution’s official website or Financial Aid Office. (k) Disallowed training services: (A) For participants who are employed, the Program shall not develop or fund academic or vocational training that is available through the employer’s staff development programs. (B) For current high school students, the Program shall not provide academic or vocational training services that are available through the secondary school system, as these services are considered comparable benefits. (C) Under no circumstances, including supervisory pre-approval, shall the Program make student loan payments for a participant. (D) The Program shall not authorize or provide funding for training-related expenses including entertainment expenses, such as fees for social activities and social organizations; memberships in fraternities and sororities; student loan fees; traffic infractions; and Institution fines. (l) Academic accommodations: Academic institutions must ensure reasonable accommodations are provided in accordance with applicable laws and regulations. The Program shall inform participants of the availability of disability-related services through the institution’s designated office for students with disabilities and facilitate access to such services as appropriate. (2) On-the-job training (a) On-the-job training (OJT) refers to training in specific occupational skills provided directly by an employer at a worksite. In order to establish on-the-job training (OJT), the participant must be formally hired by the employer. (b) The Program may authorize on-the-job training (OJT) when it is determined that training at a worksite is the most appropriate means of preparing the individual for an employment outcome. (c) A formal, written agreement must be completed by the Program and signed by the participant, VR Counselor, and the employer prior to the start of the on-the-job training (OJT). This agreement shall detail the terms, conditions, and expectations of the training. The employer is required to: (A) Provide workers’ compensation coverage for the participant; and (B) Submit monthly progress reports to the VR counselor to document the participant’s advancement toward skill acquisition as defined in the agreement. (d) The VR counselor, in coordination with the employer, shall determine the appropriate period of the training and negotiate the percentage of wages for which the Program provides reimbursement. The Program shall use an authorization for purchase (AFP) to reimburse an employer for wages paid to a participant. (3) Maintenance: The Program shall only pay or provide for maintenance expenses consistent with the definition of this term in 34 CFR 361.5(c)(34). (a) Clothing: Clothing purchases may be authorized if the need is a result of participation by the individual in a vocational rehabilitation program and the individual does not possess sufficient financial resources to provide for these expenses. These must be appropriate in type and in a price range, comparable to clothing items normally used by individuals engaged in similar rehabilitation, training, or employment settings. (b) Permanent relocation and moving expenses. The Program may authorize payment up to $3,500 for the permanent relocation of a participant, or a participant and family, when a move is necessary for the individual to achieve their vocational goal. Included in this category are expenses for deposits and other relocation expenses. (c) Short-term relocation expenses. The Program may authorize short-term moving and relocation expenses above and beyond regular daily expenses when the Program has determined that it is less costly than having the individual commute for employment or training. These employment or training services must not be available in their immediate area of their residence. This may not apply to students who relocate to attend academic and training. [Refer to area discussing maintenance costs related to academic and training.] (d) Routine private vehicle maintenance. It is the vehicle owner's responsibility to maintain a private vehicle. The Program does not pay for routine costs associated with maintenance of a vehicle. The Program may make an exception if it determines circumstances justify vehicle maintenance. [Also see OAR 582-070-0035] (e) Travel and related expenses for personal assistance. If a participant cannot participate in the training or services without the assistance of the personal assistant, the Program may provide travel and related expenses for personal assistance services. The personal assistant may travel with the participant if such services are necessary to enable the individual to travel to participate in a vocational rehabilitation assessment or service. (f) Vehicle insurance: (A) Oregon law requires insurance to operate a vehicle and it is an ongoing maintenance expense. (B) The Program generally does not purchase insurance for a participant. Should extenuating circumstances exist, the Program may approve reimbursement to a participant for insurance premiums for a vehicle. (i) The funding is in support of a specific vocational goal identified in the participant’s individualized plan for employment that requires the participant to operate a vehicle and is necessary to overcome a disability-related barrier to the participant’s employment. (ii) The participant can safely own and operate the vehicle. (iii) The participant possesses a valid driver's license. (iv) The participant can pass a criminal background check completed by the Program. (v) The participant possesses, or can obtain and maintain, insurance that meets the minimum coverage required by the laws of this state. (C) Approval must be made in writing by the branch manager. (D) Approval must occur for a limited duration, must be reviewed on a monthly basis, and must cease once the participant’s case is closed; and (E) Reimbursement shall not be in excess of the minimum coverage required by the laws of this State. [Source: 582-070-0025(6)(c)] (4) Transportation Services: (a) The Program may provide transportation services if the services are necessary to enable the applicant or eligible individual to participate in required vocational rehabilitation services. (b) Selection of transportations services shall: (A) Give preference to the most inexpensive alternative as determined by the Program; and (B) Take into consideration the circumstances and special needs of the individual. (c) Comparable benefits must be examined before funding is approved. The Program must select the most cost-effective transportation option that meets the participant’s needs. [Source: 582-070-0025(2)(e)] (5) Travel: When an individual’s travel requires lodging and meals, payment for lodging and meals shall be based on the definition of maintenance under 582-001-0010 and shall not exceed the current U.S. General Services Administration (GSA) domestic per diem rates for the state in which the lodging occurred. (a) The per diem rate used shall be based on the rate for the city in which the individual lodges, or the rate for the city closest to where the individual lodges. (b) In the event, an individual needs an airline ticket, reservations shall be made through the Department Director’s Office to purchase airline tickets. (c) If the individual utilizes a service animal, the Program may provide payment for the lodging of the service animal. (d) In those instances when the federal per diem rate is insufficient to cover the cost of lodging, or the individual has a disability-related need for more costly lodging, payment may exceed the federal per diem rate. (e) Mileage reimbursement: The Program uses a program-established rate of client mileage reimbursement if the participant is provided transportation service in their individualized plan for employment. The Program shall reimburse transportation costs based first on: (A) Published rates for public transportation in local metropolitan areas, and (B) Averaging the Internal Revenue Service (IRS) standard mileage rates for the “Business” and “Moving/Medical” categories. (C) The Program updates the rate annually each January based on federal guidelines. (6) Community Rehabilitation Program (CRP) Services (a) State-wide rates are intended to pay only the anticipated cost of standard rehabilitation services. (b) Services must be provided in the most inclusive setting possible and meet requirements for community integrated employment. (7) Personal care assistance. A personal care assistant on a limited term basis is provided only when necessary to allow an individual to benefit from other vocational rehabilitation services, including assessment, and when the individual is not entitled to personal care assistance services from another source. (8) Interpreter service. The Program provides interpreter service: (a) Only when necessary to assist the individual to derive full benefit from other vocational rehabilitation services. (b) Limitation: To be provided by the Program only when comparable benefits and services (34 CFR 361.5(c)(8)) are not available. (9) Vendor Insurance: (a) Providers of services shall obtain and maintain insurance as required by law for that provider. (b) Additionally, the Program must assess that the appropriate level of insurance is provided given the service. The Program must provide a risk assessment as required by law and rule for each provider to determine minimum insurance requirements. (10) Occupational Licenses, Tools, and Equipment for Training, Employment, or both: (a) May be provided when required when an individual is in individualized plan for employment status. The Program accepts no responsibility for individual lease or rental agreements or deposits or the leased or rented items other than to reimburse the individual for such prior authorized expenditures. (b) Repossessed items shall be used whenever appropriate and available. (c) Except for personally prescribed items, title or ownership of a Program purchased or jointly purchased item is held by the Program (or jointly with the Program) until case closure when ownership may be transferred to the individual for non-expendable items deemed by the Program to be needed for continued success in the individual’s program. (11) Land, stationary buildings, or real property (2 CFR 200.1 “Real property”): Are never purchased by the Program as a service to an individual. Existing buildings may be modified when necessary to enable an eligible individual to attain a vocational plan goal only to overcome a disability related barrier to employment. No permanent additions or weight bearing partitions are to be erected as services to individuals. (12) Rehabilitation technology services: May be applied at any time during rehabilitation services to address disability related barriers to the individual’s participation in evaluation, training, and employment: (a) The Program shall ensure that rehabilitation technology service providers are qualified in the areas of engineering skills, technology, or both as required for a given service. Selected Community Rehabilitation Programs’ Approvals may include rehabilitation technology services when State Standards for Approvals are met for rehabilitation technology services. (b) Rehabilitation technology services are exempt from a determination of the availability of comparable benefits and services. (A) All reasonably available comparable services shall be used before authorizing expenditure by the Program. (B) Except as expressly exempted, services funded by the Program are subject to client financial participation. Individuals shall be required to contribute financially as set forth in OAR 582-070-0030. The contribution requirements apply for individuals submitting applications for services and for annual individualized plan for employment (IPE) reviews. [Source OAR 582-070-0030(2).] (13) Service animals: (a) Under the Americans with Disabilities Act, a service animal is defined as a dog or a miniature horse that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog or a miniature horse must be directly related to the person’s disability. (b) The dog or a miniature horse must be trained to take a specific action when needed to assist the person with a disability. (c) Emotional support, therapy, comfort, or companion animals are not considered service animals under the Americans with Disabilities Act. Emotional support, therapy, comfort, or companion animals are not trained to perform a specific job or task and do not qualify as service animals under the Americans with Disabilities Act.