6A-25.005. Assessment for Determining Eligibility

(1) Individuals must have legal status in the United States and be authorized to work. Documents that establish employment eligibility and identity must be consistent with forms required by the United States Citizenship and Immigration Services.

(2) An individual must be physically present in the state to qualify for vocational rehabilitation services if he or she is not a resident of the state.

(3) In the assessment for determining eligibility and vocational rehabilitation needs, the division shall, to the greatest extent possible, use information that is available, sufficient, and appropriate for purposes of determining eligibility. In instances where the division is funding treatment, existing information may be no older than one (1) year.

(4) The division shall prepare a preliminary assessment of each applicant that shall include:

(a) Identification of any barriers to employment for the applicant;

(b) An appraisal of the applicant's abilities, functional limitations, and rehabilitation needs;

(c) An initial appraisal of rehabilitation technology needs to successfully complete an assessment;

(d) A description of the individual’s expectations with respect to assistance from the division;

(e) An appraisal of the individual’s understanding of informed choice regarding the services available from the division;

(f) Voter registration form completed or declined; and,

(g) Initiation of the eligibility assessment.

(5) Diagnoses.

(a) A signed report, electronic or otherwise, from a qualified provider containing a diagnosis of the individual’s disability shall be maintained in the individual’s records.

(b) Diagnoses by professional staff with less than M.D. or doctoral-level degree credentials shall be acceptable if such individuals are employed by licensed/certified facilities with M.D. or doctoral-level degree oversight. Signature of the individual providing oversight is not required.

(6) Mental Health.

(a) The diagnosis of a mental health disorder shall be made by a psychiatrist or a licensed psychologist. A licensed school psychologist may only be used for developmental diagnoses.

(b) Neuropsychological and specific learning disability assessments shall be made by qualified personnel approved to perform such assessments and licensed under appropriate licensure laws.

(c) Diagnosis of mental or emotional disorders shall be consistent with the Diagnostic and Statistical Manual of Mental Disorders (“DSM”) published by American Psychiatric Publishing, 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209, [e-mail].

(7) Chemical Dependency.

(a) Individuals who are actively abusing drugs shall not fall under the category “individual with a disability.” In the context of chemical dependency, an individual is an “individual with a disability” who:

1. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in such use;

2. Participates in a supervised rehabilitation program and is no longer engaging in such use; or

3. Is mistakenly regarded as engaging in such use but is, in fact, not engaging in such use. Alcohol or drug testing may be used to ensure that the individual is no longer engaging in the use of alcohol or illegal drugs.

(b) The eligibility decision by the counselor shall be based upon a current assessment of psychological functioning and a demonstrated desire by the individual to remain substance free and participate with available resources, e.g., Alcoholics Anonymous, Narcotics Anonymous, local community drug and alcohol awareness centers.

(8) Adjustment Disorders.

(a) Adjustment Disorders are acute psychiatric/psychological impairments. An adjustment disorder may be in response to temporary situational conditions that are frequently resolved within a short period of time, but do cause substantial impediments to employment.

(b) Six (6) months after receiving the adjustment disorder diagnosis, the individual must be reevaluated.

(c) If an individual with an adjustment disorder is found ineligible for the services provided by the division, the ineligibility decision shall be based on an assessment of whether the adjustment disorder causes a substantial impediment to employment and whether the individual can benefit from the division’s services in terms of an employment outcome.

(9) Borderline Intellectual Functioning.

(a) Borderline Intellectual Functioning is not an acceptable diagnosis for the purposes of eligibility for the division’s services.

(b) Borderline Intellectual Functioning is interpreted as an Intelligence Quotient (IQ) score of 70-79 plus or minus five (5) points standard deviation in testing. If significant adaptive functioning deficits are indicated for those scoring 70-75, it is appropriate to discuss with the psychologist changing the diagnosis to intellectual disability.

(c) Individuals diagnosed with Borderline Intellectual Functioning with an IQ score of 76-79 without adaptive functioning deficits would not be eligible for the division’s services.

(10) Intellectual Disability.

(a) The diagnosis of an intellectual disability shall be made by a psychiatrist, licensed psychologist, or licensed school psychologist.

(b) The DSM defines the upper range of intellectual disability (also referred to as mental retardation) as an IQ of 70 plus or minus five (5). This means that an individual may be diagnosed as mildly intellectually disabled with an IQ as high as 75 if there are significant adaptive functioning deficits. An individual’s IQ can be as low as 65 and not be coded as intellectually disabled as long as adaptive functioning is adequate. The lower the IQ, the more probable the presence of adaptive functioning deficits.

(c) It is reasonable to use an early IQ test score that is less than 65 and evaluation of current adaptive functioning for documentation of an individual’s disability.

(d) Further assessments may be conducted after eligibility determination to assist with Individualized Plan for Employment (IPE) planning if necessary.

(e) Retesting may be ordered for individuals who have an IQ score of 65 to 75 if the testing was done prior to 9th grade. The individual’s adaptive functioning may have improved and intellectual disability diagnostic criteria would not be met as a result.

(11) Specific Learning Disabilities. A diagnosis of specific learning disability shall be based on testing done in the 9th grade or later using the Wechsler Intelligence Scale for Children (WISC) ages three (3) to sixteen (16) and/or the Wechsler Adult Intelligence Scale (WAIS) ages sixteen (16) and older.

(12) Hearing Impairments.

(a) “Hard of Hearing” means hearing impairment resulting in a functional loss, but not to the extent that the individual must depend primarily upon visual communication. There is usually a thirty (30) decibel (db) loss in the better ear with speech discrimination below fifty (50) percent.

(b) “Deafness” means a hearing impairment of such severity that the individual must depend primarily upon visual communication such as lip-reading, writing, manual communication and gestures. There is usually a 70 decibel (db) loss or greater in both ears and a speech discrimination score of forty (40%) percent or less in the better ear.

(c) A diagnosis of a hearing impairment shall be based upon the results of an auditory evaluation performed by a licensed audiologist.

(d) An ophthalmologic evaluation shall be obtained in all cases of deafness, retinitis pigmentosa, and usher syndrome. Individuals suspected of having ear disease should be evaluated by a physician skilled in diseases of the ear, e.g., an ENT, Otologist, and/or Otolaryngologist.

(13) Speech Impairments. Diagnosis of a speech impairment shall be made by a speech language pathologist.

(14) Vision Impairments. A vision impairment is a condition resulting in the loss of visual acuity and/or limiting an individual’s field of vision. Individuals who meet the definition of “blind” in Section 413.033(1), F.S., shall be referred to the Division of Blind Services, Florida Department of Education.

(15) Before or at the same time an individual is accepted as eligible for the division’s services, the division shall certify that the individual has met the basic eligibility requirements.

(16) Eligibility Determination Extension. Documentation of an agreement between the counselor and individual to extend eligibility determination beyond sixty (60) days after application, including an agreed-upon time frame and stating the specific exceptional and unforeseen circumstances on which the extension is based, shall be contained in the individual's records. If the division is unable to obtain such agreement, a case entry that contains the specific exceptional and unforeseen circumstances, or work trial experiences and revised time frame, shall be placed in the individual's records.

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