Proposed Changes to Agency's Washington Administrative Code

The Department of Services for the Blind derives the authority to provide vocational rehabilitation services for individuals with visual disabilities through the federal Rehabilitation Act of 1973, as most recently amended and reauthorized in 2014 under Title IV of the Workforce Innovation and Opportunity Act (WIOA). The federal regulations that interpret the WIOA legislation were finalized in 2016, and the agency’s policies have needed to be revised to reflect those changed regulations.

While the bulk of the proposed WAC changes reflect the policies of the vocational rehabilitation program for the agency, DSB has taken the opportunity to update and refresh language in the agency’s WAC chapters for policy on public records (67-10) and general administration (67-16).

Documents

The table below lists DSB's proposed changes the the Washington Administrative Code (WAC).  You can read the full text of each proposed change by clicking on its title. You will also have the ability to comment on the changes.

Public Hearing Information

Tuesday, June 26, 2018
5:30 p.m. – 7:30 p.m.

Deadline for submitting comments: Sunday, July 1, 2018

 

Old chapter number New Chapter and titles Major Elements Changed
67-25-005 WAC 67-25-009
Definitions
Added and modified many definitions
New WAC 67-25-021
Vocational rehabilitation grant - Purpose
New, describes expanded customer of VR - business through tighter connections to Workforce Development System, and individuals with visual disabilities
New WAC 67-25-035
Vocational rehabilitation grant - Requirements of department
New, describes high level aspects of requirements for a VR agency
New WAC 67-25-040
Workforce development system - Requirements of department
New, describes high level VR agency requirements as part of the workforce development system
67-25-550 WAC 67-25-051
Vocational rehabilitation - Confidential information: Protection and use.
No substantive content changes; moved earlier chronologically as impacts all VR work and stages
New WAC 67-25-061
Vocational rehabilitation - Informed Choice
Previously just defined as a concept, new chapter describes detailed requirements for types of information to be provided, including benefits planning info
67-25-590 WAC 67-25-073
Vocational rehabilitation - Case service records.
No substantive content changes; moved earlier chronologically as impacts all VR work and stages
New WAC 67-25-083
Vocational rehabilitation - Information and referral services
New. While technically a service, it is one that is provided at any stage of VR, and so is listed chronologically early.
67-25-010 WAC 67-25-093
Application for services.
No substantive content changes other than indicating SSN is preferred rather than required at application, and clarified here applicant must be available to complete the assessment process
67-25-015 WAC 67-25-103
Intake - Initial interview.
No substantive content changes
67-25-025 WAC 67-25-115
Eligibility - Timeline.
Added requirement of agreement to specific extension of time, if delayed
67-25-030 WAC 67-25-125
Eligibility - Criteria.
Clarified competitive and integrated employment as goal; clarified department obligation to connect with SSA for verification of presumed eligibility; reworded (but no substantial changes) to requirement for legal ability to work in US. Added term "advance in". 
67-25-020 WAC 67-25-130
Eligibility -  Assessment for eligibility determination.
Eliminated mention of extended evaluation. Added term "advance in"
67-25-065 WAC 67-25-140
Eligibility - Trial work experience.
Added clear and convincing as criteria
67-25-050
67-25-055
67-25-077
WAC 67-25-160
Eligibility - Certification and notification for decision of eligibility.
Combined three chapters describing notification and certification of eligibility, including eligibility determined after trial work. References to extended evaluation were deleted. - Note: ineligibility moved to end to be grouped with Program Exit
67-25-060 WAC 67-25-183
Eligibility - Criteria for categorization of significance of disability
Changed criteria to only two categories, both requiring extensive servies: Significant = 1 or more functional limitations; most significant = 3 or more
67-25-460 WAC 67-25-193
Eligibility – Order of selection.
Revised OOS chapter significantly to include consideration of immediate category - priority for services to meet immediate need to keep current job, with limitations described. Re-ordered in chronology
67-25-255 WAC 67-25-205
Assessment - Comprehensive
No substantive changes, clarified use of federal background checks as information for individual in choice of employment outcome.
67-25-257 WAC 67-25-210
Assessment - Adaptive skills of blindness.
No substantive changes
67-25-595 WAC 67-25-220
Assessment - Work skills.
Moved earlier in chronology to group with other assessment chapters. Term "sufficient" replaced with "clear & convincing" that participant cannot benefit
67-25-260 WAC 67-25-230
Individualized plan for employment – Timeline and criteria
Added competitive and integrated. Added 90 day criteria and documentation of specific date of completion if delayed. No different timeline or criteria for transition youth. Removed phrases indicating integrated employment setting is optional, and added terms "participant" and "competitive and integrated"
67-25-270 WAC 67-25-240
Individualized plan for employment—Participation of the  eligible individual.
No substantive changes
67-25-275 WAC 67-25-250
Individualized plan for employment - Annual review.
No substantive changes
67-25-350 WAC 67-25-265
Vocational rehabilitation services – Nature and scope
Clarified high level policy (though no significant changes in cuurrent practice). Clarified means for making substantial policy changes. Listed pre-employment transition services along with all other VR services offered in a shortened list, with WAC reference to each service chapters. Reorganized order of subsequent VR services chapters to group those more alike
67-25-380 WAC 67-25-273
Vocational rehabilitation services - Counseling and guidance.
competitive and integrated
67-25-360
67-25-325
WAC 67-25-283
Vocational rehabilitation services - Comparable benefits.
Training services - must consider comparable benefits; Job-related services, CB not considered. Informed choice added with C&G
New WAC 67-25-290
Vocational rehabilitation services - Pre-employment transition for students.
New requirement - students
67-25-399 WAC 67-25-305
Vocational rehabilitation services - Transition for youth.
Youth, age clarified, how distinguished from pre-employment transition services
67-25-384 WAC 67-25-310
Vocational rehabilitation services - Physical and mental restoration services.
Deleted reference to extended evaluation, added to work skills assessment; added services M thru R to reflect list in regulations
67-25-388 WAC 67-25-320
Vocational rehabilitation services - General training provisions.
Carification competitive and integrated; tuition and fees; and provided after considered comparable benefits
67-25-390 WAC 67-25-330
Vocational rehabilitation services – Post-secondary training
broadened types of accredited training; clarified graduate studies
New WAC 67-25-335
Vocational rehabilitation services – Other training
Added to capture other important types of training programs not noted in previous WAC
67-25-394 WAC 67-25-340
Vocational rehabilitation services - On-the-job training.
competitive and integrated concept added
67-25-396 WAC 67-25-355
Vocational rehabilitation services – Work readiness skills.
Updated notion of work readiness. Added internship
67-25-398 WAC 67-25-365
Vocational rehabilitation services - Adaptive skills of blindness.
no substantive changes
67-25-400 WAC 67-25-370
Vocational rehabilitation services - Maintenance.
no substantive changes
67-25-404 WAC 67-25-383
Vocational rehabilitation services - Transportation.
added "eligible individual"
67-25-412 WAC 67-25-392
Vocational rehabilitation services - Interpreter and translation.
no substantive changes
67-25-416 WAC 67-25-403
Vocational rehabilitation services - Reader services.
added "eligible individual"
67-25-418 WAC 67-25-410
Vocational rehabilitation services - Personal assistance services.
clarified; added competitive and integrated
67-25-432 WAC 67-25-425
Vocational rehabilitation services - Rehabilitation technology.
broadened and updated language
67-25-436 WAC 67-25-430
Vocational rehabilitation services - Supported employment.
deleted extended employment; clarified competitive and integrated; added customized employment; deleted long definition of "integrated" as defined elsewhere; clarified agency supports for and timelines around extended services
67-25-440 WAC 67-25-440
Vocational rehabilitation services - Job placement.
Competitive and integrated; customized employment; clarified updated concept job placement services, employer engagement
67-25-444 WAC 67-25-450
Vocational rehabilitation services - Post-employment.
no substantive changes
67-25-448 WAC 67-25-465
Vocational rehabilitation services - Occupational licenses, tools, equipment, initial stocks and supplies and self-employment.
Expanded technical assistance for self-employment
67-25-452 WAC 67-25-475
Vocational rehabilitation services provided - Other goods and services.
no substantive changes
67-25-408 WAC 67-25-485
Vocational rehabilitation services - To family members.
no substantive changes
67-25-446 WAC 67-25-490
Vocational rehabilitation - To groups.
no substantive changes
New WAC 67-25-503
Vocational rehabilitation services – Limitations on use of sub-minimum wage
new concepts
67-25-540 WAC 67-25-553
VR program exit – Employment outcome
no substantive changes
New WAC 67-25-565
VR program exit - Supported employment
Clarifies timelines and processes for exit
67-25-056 WAC 67-25-575
VR program exit – Ineligibility determination or lack of participation.
Re-ordered to be late in chronology. Combined with lack of participation
67-25-284 WAC 67-25-580
VR program exit – Other reasons
Reordered but otherwise no substantive changes 
67-25-545 WAC 67-25-593
VR program exit – Notification.
updated language but concepts the same
67-25-570 WAC 67-25-600
Resolving a disagreement about vocational rehabilitation services.
no substantive changes
67-25-070 Deleted Extended evaluation is no longer a thing
67-10-010 WAC 67-10-010
Purpose.
Changes: Consolidated info on head of department, state rehab council, and statewideness of department programs
New WAC 67-10-025
State Rehabilitation Council for the Blind
New: Details purpose of State Rehab Council, based on CFR regulations from WIOA
67-10-020 Deleted content updated and incorporated into 67-10-010
67-10-030 Deleted Detail of office addresses deleted. Statewideness of programs noted in 67-10-010
67-10-040 Deleted Level of detail in describing department programs not needed in WAC
67-10-060 WAC 67-10-060
Public records officer.
Changes: public records officer appointed by director; location of records more broadly described
67-10-080 WAC 67-10-080
Office hours.
Change: closing hour changed from 4:30 to 5:00 PM
67-10-160 Deleted Format  of public records request form simplified, this declaration of adopted format not needed
67-10-170 WAC 67-10-170
Public records request
Changes: Format of public records request form simplified to list required content only
67-10-180 Deleted Content simplified into WAC 67-10-170
67-16-010 WAC 67-16-010
Physical and informational accessibility.
Changes: Updated content to meet current standards
67-16-020 WAC 67-16-020
Purpose and definition.
Added WAC references for various program definitions of visual disability
67-16-030 WAC 67-16-030
Background check process for contractors, vendors, and service providers.
No substantive changes - updated language from client to participant
67-16-040 WAC 67-16-040
Background check requirements for employees, applicants, volunteers and student interns.
No substantive changes - updated language from client to participant
New WAC 67-16-050
Background check requirements for participants
Added language so the department is able to provide a participant with information on their own federal background check for vocational readiness purposes