To implement portions of the Workforce Innovation and Opportunity Act (WIOA) amendments to the Rehabilitation Act, align current Division regulations with federal law and regulations, and ensure that the current federal regulations are incorporated ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-25.001Federal Regulations Adopted by Reference

6A-25.007Individualized Plan for Employment

6A-25.011Division Determinations, Review Procedures

6A-25.020Florida Endowment for Vocational Rehabilitation (Direct-Support Organization for Vocational Rehabilitation)

PURPOSE AND EFFECT: To implement portions of the Workforce Innovation and Opportunity Act (WIOA) amendments to the Rehabilitation Act, align current Division regulations with federal law and regulations, and ensure that the current federal regulations are incorporated into the rules.

SUMMARY: The federal regulations governing the Division of Vocational Rehabilitation’s (Division) programs are incorporated by reference; the timeframe for the development of individualized plans for employment is aligned with federal regulation; the timeframe for the appeal of Division determinations is aligned with the controlling Florida rules; and a framework for the oversight of the Division’s Direct-Support Organization is established.

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: Based on the nature of the proposed rules and review by the Division of Vocational Rehabilitation, the impact of the proposed rule will not exceed any of the factors in section 120.541(2)(a), Florida Statutes. Pursuant to s. 120.541(3), Florida Statutes, a proposed rule only needs to be ratified by the legislature when the impact is expected to exceed the factors in section 120.541(2)(a), Florida Statutes. Therefore, the current proposed rulemaking does not require legislative ratification.

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, 413.615, FS.

LAW IMPLEMENTED: 413.24, 413.30, 413.615, FS.

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

DATE AND TIME: January 16, 2019, 9:00 a.m., CT.

PLACE: Pensacola State College, Switzer Center for Visual Arts (Bld. 15), Charles W. Lamar Studio, 1000 College Blvd., Pensacola, FL 32504.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Taylor Wolff, Assistant General Counsel, 325 W. Gaines St., Suite 1244, Tallahassee, FL 32399-0400, phone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-25.001 Incorporation Federal Regulations Adopted by Reference.

(1) The Department adopts and incorporates by reference Title 34, Code of Federal Regulations, Part 361 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00641), effective 2016 in 2011; Title 34, Code of Federal Regulations, Part 363 (DOS Link), effective 2016; Title 34, Code of Federal Regulations, Part 397 (DOS Link), effective 2016; and Title 45, Code of Federal Regulations, Part 1329 (DOS Link) effective 2016.

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

 

6A-25.007 Individualized Plan for Employment.

(1) The Individualized Plan for Employment (IPE) must be developed within 90 120 calendar days of the eligibility determination or activation from the waiting list, whichever is later. Meeting the 90 120-day timeframe is the mutual responsibility of the division through its counselor and the individual.

(2) If the IPE cannot be developed within 90 120 days due to exceptional and unforeseen circumstances, the individual, or an authorized representative of the individual, and the division must agree to a specific extension of time.

(3) No change.

(4) The IPE or IPE amendment must describe only those services necessary to assist an individual with a disability in preparing for, securing, retaining, advancing in, or regaining an employment outcome consistent with the strengths, resources, priorities, capabilities, interests, and informed choice of the individual.

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

 

6A-25.011 Division Determinations, Review Procedures.

(1) Administrative Review.

(a) No change.

(b) The individual or his or her authorized representative shall have twenty-one (21) calendar days from the date of receipt of the notification of determination to inform the division in writing of his or her desire for an administrative review. If the division provides the notification to the individual or authorized representative by mail, five (5) days shall be added to the prescribed period. The individual may elect to bypass the administrative review and file a petition for an administrative hearing. The individual, the individual’s representative or Client Assistance Program, if representing the individual, may initiate a timely request to extend the twenty-one (21) days.

(c) through (f) No change.

(2) No change.

(3) Administrative Hearing.

(a) No change.

(b) The request for an administrative hearing must be made within the twenty-one (21) days after the administrative review decision is received, or if the administrative review option is bypassed by the individual, within the twenty-one (21) days after the notification of the determination of the division is received. If the division provides the notification to the individual or authorized representative by mail, five (5) days shall be added to the prescribed period. The request for an administrative hearing must be addressed to the Director of the division.

(c) through (e) No change.

(4) No change.

Rulemaking Authority 413.22 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.006,____.

 

6A-25.020 Florida Endowment for Vocational Rehabilitation (Direct-Support Organization for Vocational Rehabilitation).

(1) The Direct-Support Organization (DSO) of the Division shall adopt bylaws.

(2) Bylaw provisions shall include, but are not limited to, the following:

(a) Description of the DSO, including name and purpose;

(b) Structure and organization;

(c) Prohibited activities;

(d) Board of directors, officers and committees;

(e) Meetings and quorum;

(f) Fiscal procedure; and

(g) Amendment of bylaws.

(3) The DSO’s board of directors shall provide for the receipt, deposit and withdrawal of all funds consistent with the following provisions:

(a) Depository withdrawals shall be on numerically controlled checks. Checks of $25,000.00 or less, and that are reflective of amounts allowed per the adopted budget, need one signature. For checks over $25,000.00, two signatures are required.  In both cases, signatories must be officers of the DSO’s board.

(b) All funds received from all sources shall be deposited intact in a designated depository as soon as practicable and a record shall be kept to identify the payer, the amount, and the purpose. Funds received from state and federal sources shall be accounted for separately, but may be deposited in a bank account with other corporate funds except when the terms of such receipt require a separate depository account.

(4) The DSO shall submit its annual budget to the Division Director or the Division Director’s designee for review no later than August 1 of each year.

Rulemaking Authority 413.615 FS. Law Implemented 413.615 FS. History–New____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allison Flanagan, Director, Division Vocational Rehabilitation.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2018