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
- WAC revision – chapter crosswalk (.xlsx) - This list is also available online. It provides quick access to links to the old version of a specific WAC; a current proposed WAC number and title (or an indication that the old WAC chapter is proposed to be deleted); and a synopsis of changes made. Please note: if you are having problems accesssing this file try the following steps:
- Try the Excel link in different browsers. IE, Chrome, Firefox.
- Try right clicking on the Excel links and “downloading” the file, then opening it from the pc.
- This list is also available online.
- OTS-9577.1 For Filing (pdf) - Changes to WAC 67-10 from the Washington Registrar's office.
- OTS-9578.2 For Filing (pdf) - Changes to WAC 67-16 from the Washington Registrar's office.
- OTS-9579.3 For Filing (pdf) - Chages to WAC 67-25 from the Washington Registrar's office.
- WSR 18-11-090 (pdf) - Proposed Rule Making Form submitted to Office of the Code Reviser.
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 |