Consolidate three Division of Vocational Rehabilitation rules that cover similar topics. The topics of informed choice and comparable services and benefits (rules 6A-25.003 and 6A-25.010, F.A.C.) will now be contained in the more general rule ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-25.003   Informed Choice

6A-25.009   Scope of Vocational Rehabilitation Services

6A-25.010 Comparable Services and Benefits

PURPOSE AND EFFECT: Consolidate three Division of Vocational Rehabilitation rules that cover similar topics. The topics of informed choice and comparable services and benefits (rules 6A-25.003 and 6A-25.010, F.A.C.) will now be contained in the more general rule describing the scope of rehabilitation services (rule 6A-25.009, F.A.C.). Rules 6A-25.003 and 6A-25.010, F.A.C., will be repealed.

SUMMARY: Currently rules 6A-25.003 and 6A-25.010, F.A.C., discuss the principles of informed choice as defined in the vocational rehabilitation program and the requirements that clients utilize comparable services and benefits when seeking services from the Division of Vocational Rehabilitation, respectively. This rulemaking will move the language from rules 6A-25.003 and 6A-25.010, F.A.C., to rule 6A-25.009. The purpose of this rulemaking is consolidation and the content of the relocated language remains unchanged.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Proposed rulemaking will not have an adverse impact on economic growth or on business competitiveness and will not increase regulatory costs as the rule does not change any current standards. The rulemaking serves to consolidate related rules and will not change the way the Division is currently conducting business.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 413.22, FS.

LAW IMPLEMENTED: 413.24, 413.28, 413.30, 413.32, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 17, 2017, 2:00 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julia Kates, Chief, Bureau of Program Development and Assistance, 4070 Esplanade Way, 2nd Floor, Tallahassee, Florida 32399-7016, [phone], Fax: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-25.003 Informed Choice.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.208, 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.003, Repealed

6A-25.009 Scope of Vocational Rehabilitation Services.

(1) through (4) No change.

(5) Informed Choice

1. An eligible individual may choose to receive necessary vocational rehabilitation services from any qualified or licensed provider. Where applicable, the providers of choice must be licensed by the state of Florida or appropriately accredited to perform such services.

2. If an individual chooses a service provider outside the service area where he/she resides, the individual shall provide for his/her own transportation costs, unless no qualified provider possessing the required expertise is available or a provider in another area is within a shorter commuting distance to the individual. If the individual selects a provider out-of-state and there are qualified service providers in-state, the individual with a disability shall agree to pay the excess travel and service costs.

(6) Comparable Services and Benefits

1. If comparable services and benefits are not available to the individual at the time needed to achieve the employment outcome identified in the Individualized Plan for Employment (IPE), or if the benefits exist but are not available at the time needed to satisfy objectives in the IPE, the division may authorize funding directly only until comparable benefits and services become available.

2. Comparable services and benefits do not include awards and scholarships based on merit that are granted without restrictions as to their use by the individual.

3. If an eligible individual is a Social Security Administration (SSA) Ticket to Work holder whose Ticket is assigned to an Employment Network (EN), the division shall consider all goods and services referenced in the IPE to be comparable services and benefits to be purchased or provided by an EN with which the eligible individual’s Ticket is assigned.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.32, 413.731 FS. History–New 5-14-12, Amended.

 6A-25.010 Comparable Services and Benefits.

Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Repealed__.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aleisa McKinlay, Director, Vocational Rehabilitation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 14, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 21, 2017