[Nfbf-l] DBS Vitally Important Information

Fri May 15 02:27:09 UTC 2009

Dear NFBF Members, 

I just received to communications from the Division of Blind Services which
I wanted to share with you. Please read the below information carefully and
be ready to address your questions, comments and concerns with the director
and her designees at our state convention. 

Please read on and I look forward to seeing so many old friends and meeting
new ones in just a week. 

Sincerely,

Kathy Davis, President
NFBF

Public Comments: Order of Selection

Florida Division of Blind Services will be taking public comments on the
State Plan Attachment 4.11(c)(3) Order of Selection at the NFB Conference
May 22-25, 2009 and at the FCB Conference June 4-7, 2009. A copy of the
Order of Selection is located at  <http://.dbs.myflorida.com/>
http://.dbs.myflorida.com also Public comments can be submitted via e-mail
through June 7, 2009.  The e-mail address is public.comments at dbs.fldoe.org.

Details are noted below:

NFB Conference

Where:  Embassy Suites, Boca Raton

    661 NW 53rd St.

    Boca Raton, Florida  33487

    The DBS table will be located by the registration table

When:   Saturday - May 23, 2009 from 9:00 AM to 11:30 AM;

Sunday - May 24, 2009 from 3:55 PM to 4:25 PM - Division of Blind Services’
Report by Ms. Joyce Hildreth, Division Director; and 

Sunday - May 24, 2009 from 5:00 PM to 6:00 PM

FCB Conference

Where:  Plaza Ocean Club

    640 North Atlantic Avenue

    Daytona Beach, Florida 32118

    The DBS table will be located in the Exhibit Hall

When:   Friday - June 5, 2009 from 1:30 PM to 3:30 PM;

Saturday - June 6, 2009 from 9:30 AM to 11:30 AM; and

Saturday - June 6, 2009 from 1:30 PM to 3:30 PM at the Town Meeting

State Plan for the State Vocational Rehabilitation Services Program and
State Plan Supplement for the State Supported Employment Services Program

Attachment 4.11(c)(3) Order of Selection

Justification for Order of Selection

The Rehabilitation Act requires that if FDBS cannot serve all eligible
individuals who apply for services, then an Order of Selection must be
developed to establish the order in which individuals with disabilities will
be provided services. At this time FDBS can serve all persons in the state.
However, the fiscal reality may result in FDBS’s inability to serve all
eligible persons.

The Order of Selection Policy is in effect but not put into operation unless
Order of Selection is declared.

This policy outlines the equitable means FDBS has established to determine
how eligible individuals will be selected to receive services if there is an
Order of Selection in place. As mandated by law individuals categorized as
having the most significant disability will be served first.

FDBS will base the determination of who may receive services only on the
significance of an individual’s disability and by the date of application
for FDBS services. 

Having an Order of Selection in no way affects the eligibility process.
Eligibility determination follows all existing policy and procedures. 

Description of Priority Categories

When an individual has been determined eligible for FDBS services he or she
will also be assigned to a significance of disability category. 

FDBS has three categories of significance of disability:

·       most significant;

·       significant; and

·       less significant.

The assessment for significance of disability category utilizes existing
information available and may be amended at any time during the life of the
case when additional information becomes available.

The following defines the three categories of significance.

Individual meets the Criteria for Most Significant Disability

·       Individual has a bilateral visual impairment or a combination of a
bilateral visual impairment, and physical, or mental impairments that
constitutes or results in a substantial impediment to employment and
seriously limits three or more functional capacities (such as mobility,
communications, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome; and

·       Individual’s vocational rehabilitation can be expected to require at
least three vocational rehabilitation services over an extended period of
time (twelve months or more).

Individual meets the Criteria for Significant Disability

·       Individual has a bilateral visual impairment or a combination of a
bilateral visual impairment, and physical, or mental impairments that
constitutes or results in a substantial impediment to employment and
seriously limits two functional capacities (such as mobility,
communications, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome; and

·       Individual’s vocational rehabilitation can be expected to require at
least two vocational rehabilitation services over an extended period of time
(but not to exceed twelve months).

Individual meets the Criteria for Less Significant Disability

·       Individual has a bilateral visual impairment or a combination of a
bilateral visual impairment, and physical, or mental impairments that
constitutes or results in a substantial impediment to employment and
seriously limits at least one functional capacity (such as mobility,
communications, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome; and

·       Individual’s vocational rehabilitation is not expected to require
multiple vocational rehabilitation services; and services are expected to
last less than six months.

Order of Selection Priority Categories Served

Once an Order of Selection is declared a determination will be made, based
on resources available, which new eligible applicants, if any, can be
provided services. The determination can range from serving no new eligible
individuals who apply for services to serving all new eligible applicants.

FDBS will have four priority categories:

·       Individuals who are otherwise eligible and at risk of losing their
gainful employment, regardless of level of significance category

·       Individuals in the most significant disability category

·       Individuals in the significant disability category

·       Individuals in the less significant disability category.

Individuals in the most significant disability category and anyone who
applies for services that has an existing job but who is at risk of losing
it will be served first. Once all individuals in the most significant
disability category can be served, FDBS may add the category of individuals
with severe disabilities. If enough resources are available, FDBS may add
the category of individuals categorized as less significant.

The next category may not be opened unless FDBS can serve all individuals in
the prior category. 

If the Order of Selection is implemented the Service and outcome goals and
the time within which the goals will be achieved will be documented
including the priority category, number of individuals to be served, outcome
goals including 26s and 28s, the time within which goals are to be achieved,
and cost of services as required by federal law.

Waiting List

Any eligible individual not being served due to Order of Selection will be
placed on a waiting list. A separate statewide list will be maintained for
each of the significance of disability categories. The order in which an
individual is placed on the waiting list is based on the date of application
and district caseload. The waiting list will be overseen by the State
Office. As resources become available, individuals on the waiting list will
be notified when services can be provided.

Referral

All individuals placed on a waiting list will be provided information and
guidance regarding job related services. This may include referring
individuals with disabilities to other appropriate Federal and State
programs, including other components of the statewide workforce investment
system. FDBS staff will give individuals a specific point of contact within
the agency to which the individual is being referred as well as information
and advice regarding the most suitable services. The provider to whom a
referral is made is to receive a letter of notice regarding a referral being
made.

Due Process/Notification

All eligible individuals will be notified of the priority categories used by
FDBS in an Order of Selection, what significance of disability category they
have been assigned, and their right to appeal their category assignment.

Services

All individuals in Plan Development or beyond at the time Order of Selection
is implemented will continue to receive all required services according to
current policies and procedures regardless of the status of Order of
Selection. This includes individuals who need post employment services to
maintain or regain employment.

Skill training under a Vocational Rehabilitation contract will be provided
to all persons regardless of status of significance.  The IPE will be
limited to these services only. Other services will be added to the IPE only
if the individual is eligible to be served under the Order of Selection and
the individual is ready for IPE.

References

Rehabilitation Act: 

Sec. 101. (a) Plan Requirements 

Federal Regulations:

§361.36 Ability to serve all eligible individuals; order of selection for
services 

§361.37 Information and referral services 