6A-25.009. Scope of Vocational Rehabilitation Services

(1) Maintenance. Maintenance is defined in 34 C.F.R. §361.5(c)(34). Maintenance does not mean support for the discharge of court-ordered obligations or indebtedness of any kind incurred prior to or subsequent to an application for rehabilitation services.

(2) Occupational Licenses, Tools, Equipment and Initial Stocks and Supplies.

(a) Occupational licenses shall include any license, permit, or other written authority required by a state, city or other governmental unit to enter an occupation or enter self-employment.

(b) Occupational tools shall meet the requirements of the employment.

(c) The division shall retain the right to provide the individual with previously used occupational tools.

(d) If the aggregate cost of occupational tools is less than or equal to $1,000, such occupational tools shall become the property of the individual immediately upon the purchase thereof. If the aggregate cost of the occupational tools exceeds $1,000, such occupational tools shall become the property of the individual upon purchase; however, title and ownership to such occupational tools shall revert to the division upon written demand by the division, provided circumstances exist justifying the closure of the individual’s case for reasons other than a successful completion of the Individualized Plan for Employment (IPE). When title to such occupational tools reverts to the division, the individual who received such occupational tools shall make them immediately available to the division.

(3) Transportation.

(a) The counselor shall explore the ability of an individual to utilize existing transportation resources to participate in vocational rehabilitation services. Transportation resources shall include:

1. The individual’s current mode of transportation, including a privately-owned vehicle;

2. The reasonableness of using other modes of transportation, such as taxicabs, carpools, co-workers, volunteers or attendants; paratransit, public transit or other community services. The division shall use the Florida Commission for the Transportation Disadvantaged coordinated transportation system for provision of transportation services to consumers when possible.

(b) An individual who requests mileage reimbursement for transportation in a privately-owned vehicle must present a valid driver’s license. If the individual is not a driver, the individual must provide a plan to the counselor that describes how the individual will utilize family members, personal care attendants or others as drivers in support of the rehabilitation plan.

(c) Vehicle Repairs. See Form DVR-001, Vehicle Modification Consumer Acknowledgement, as incorporated by reference in Rule 6A-25.019, FAC.

1. “Used vehicle” means a vehicle that has been titled and registered to at least one (1) owner or has been used as a demonstration model.

2. Repairs or costs for used vehicle operation may be made if they are necessary for the individual to participate in vocational rehabilitation services. The individual must have a valid driver’s license and present a current vehicle registration document for the used vehicle considered for repair. If the individual is not the owner of the used vehicle, the individual must also present a written and signed statement from the vehicle owner that this vehicle is provided to the individual for use during his/her rehabilitation program.

3. If it is determined that used vehicle repairs are necessary, an estimate completed by a certified mechanic is required to document the cost of repairs.

4. The trade-in value of the used vehicle to be repaired shall be determined by reference to generally accepted valuation methods. The maximum amount that the division will expend on repairs for the life of the used vehicle is one and one- half times the trade-in value in the absence of special circumstances.

(4) Post-Employment Services. A decision to provide post-employment services versus opening a new case shall be based on individual considerations taking into account the current validity of previous data.

(5) Informed Choice.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(7) Pre-Employment Transition Services. Pre-employment transition services, as defined in 34 C.F.R. §361.5(c)(42) and 34 C.F.R. §361.48(a), may be provided to students with disabilities beginning at age fourteen (14).

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 8-20-17, 10-18-18.