Arkansas Administrative Code

25 CAR § 2-104. Nondiscrimination. Referrals or applicants will not be excluded from applying for services or be found ineligible for services on the basis of: (1) Race; (2) Age; (3) Sex; (4) Color; (5) National origin; (6) Type of expected employment outcome; (7) Source of refer…

25 CAR § 2-105. Reasonable accommodations. (a)(1) Accommodations shall be provided, as needed, during the vocational rehabilitation process to enable individuals to participate in their services to the fullest extent possible. (2) Accommodations may include: (A) Aids; (B) Devices…

25 CAR § 2-106. Foreign language and sign language access. (a) The United States Rehabilitation Services Administration requires that consumers receive information through appropriate modes of communication that are accessible to and preferred by them. (b) Therefore, the Division…

25 CAR § 2-107. Notification of rights. (a) Consumers, including potentially eligible students with a disability, will be notified of their rights including the availability of the Client Assistance Program and the manner in which a mediator or impartial hearing officer may be se…

25 CAR § 2-108. State residency/out-of-state individuals. (a)(1) Individuals are not required to be Arkansas residents or to show documentation of residency to receive an eligibility determination or services. (2) However, individuals must be present in Arkansas and be available …

25 CAR § 2-109. Legal residency and citizenship. (a) The Division of State Services for the Blind does not require an individual to have legal residency or citizenship in order to apply for services and receive an eligibility determination. (b) However, individuals who apply for …

25 CAR § 2-110. Knowledge of laws. (a)(1) Division of State Services for the Blind staff will keep current in their knowledge of state and federal laws that affect consumers. (2) Division staff must comply with all state and federal laws, rules, and regulations, including state p…

25 CAR § 2-111. Allowable costs and cost effectiveness. (a)(1) All rehabilitation services must be provided in the most cost-effective manner possible, consistent with the individual’s needs and informed choice. (2) The cost must be: (A) Allocable; (B) Allowable; (C) Reasonable; …

25 CAR § 2-112. Dual case files with other vocational rehabilitation agencies. (a)(1) In the unique circumstance where the specific expertise of another vocational rehabilitation agency is necessary to best meet the needs of an individual, there can be a dual case file. (2) The D…

25 CAR § 2-113. Timeliness. (a) Division of State Services for the Blind staff must ensure that all individuals who are referred to, apply for, or receive vocational rehabilitation services are responded to in a timely manner. (b) Timeliness will be defined individually, based on…

25 CAR § 2-114. Quality services. (a) It is intended that consumers of this agency receive the quality services necessary and appropriate to the achievement of their vocational goal. (b) The Division of State Services for the Blind will strive to maximize the potential for consum…

25 CAR § 2-115. Representatives. (a) A representative means a person designated by an individual, by law, or by the court system to represent the individual in any matter pertaining to a request for or receipt of rehabilitation services. (b) Types of representation of the individ…

25 CAR § 2-116. Counselor change requests. (a)(1)(A) An individual may request a change in counselor. (B) An individual can request a change for a variety of reasons, and the request should not be viewed negatively. (C) The counseling relationship is important, and some individua…

25 CAR § 2-117. Case transfers. (a) If an individual’s case is transferred to a new counselor, the individual must be sent a letter notifying them. (b) The letter will include: (1) Reason for the transfer; and (2) The new counselor’s contact information. (c) Staff must contact al…

25 CAR § 2-118. Case management support for counselor-vacant caseloads. The caseloads for vacant counselor positions may be managed in the following ways at the direction of the area manager or Field Administrator, based on the nature of the caseload and length of vacancy: (1) Pr…

25 CAR § 2-119. Exceptions to policy. (a) Policies may be waived on a case-by-case basis depending on the individual’s needs and circumstances. (b) The Division of State Services for the Blind recognizes that occasionally medical emergencies or other circumstances beyond the cons…

25 CAR § 2-120. Right to review and mediation. (a) Recipients of services, including students receiving preemployment transition services, applicants, and eligible individuals, have the right to a review and mediation if they are dissatisfied with any determination made by Divisi…

25 CAR § 2-201. Definition. (a) Informed choice is a process where individuals or their designated representatives make informed decisions, based on information provided by the counselor and gathered from various sources, to explore options and determine career goals when the ind…

25 CAR § 2-202. Informed choice in the VR process. (a) The process of vocational rehabilitation is a consumer-centered process with key decision points focused on quality outcomes. (b) Informed choice begins with the consumer’s referral to the Division of State Services for the B…

25 CAR § 2-203. Implementation. (a)(1) Potentially eligible students, as well as individuals who apply for or who are eligible to receive vocational rehabilitation services have the opportunity and responsibility to make appropriate informed choices during the vocational rehabili…

25 CAR § 2-204. Opportunities for informed choice. Opportunities for Division of State Services for the Blind staff to provide informed choice as part of the rehabilitation counseling relationship include, but are not limited to: (1) Informing each individual about the availabili…

25 CAR § 2-205. Methods for providing information for informed choice. Division of State Services for the Blind staff can provide this information in several different ways, including: (1) Lists of services and service providers; (2) Periodic consumer satisfaction surveys and rep…

25 CAR § 2-206. Information made available during assessment and IPE development. (a) During the assessment for determining eligibility and vocational rehabilitation needs and during development of the IPE, Division of State Services for the Blind staff must provide or help the i…

25 CAR § 2-207. Opportunities for informed choice when considering center-based adjustment to blindness (ATB) training. (a) Adjustment to blindness (ATB) training teaches individuals who are blind, visually impaired, or deaf-blind the skills necessary to function as independently…

25 CAR § 2-208. Choosing segregated or noncompetitive employment. (a) Generally speaking, individuals who are not pursuing competitive integrated employment are not eligible to receive vocational rehabilitation services. (b) However, if they reverse their decision later, they can…

25 CAR § 2-209. Partnership between consumer and counselor. (a)(1) The individual has the ultimate responsibility for making their own life choices and realizing the consequences of those choices. (2) It is the responsibility of the vocational rehabilitation counselor to encourag…

25 CAR § 2-301. Referrals. (a) A referral is an individual who has contacted or been placed in contact with the Division of State Services for the Blind to inquire about the possibility of obtaining vocational rehabilitation services but has not applied for services. (b) To be co…

25 CAR § 2-302. Applicants. (a)(1) An individual is considered an applicant when the individual or individual's representative, as appropriate, has completed and signed the Division of State Services for the Blind application form (DSB-8006). (2) It is the responsibility of the c…

25 CAR § 2-303. Initial narrative. (a) The initial interview narrative builds the foundation and sets the platform for the documentation of the case service record. (b) It gives the reader a snapshot view of the consumer’s history, perceptions, and living and work situations at i…

25 CAR § 2-304. Services provided during referral and intake. (a)(1) An applicant or referral may receive auxiliary aids and services in order to access the vocational rehabilitation program. (2) This would include interpreters and translators. (b)(1) An applicant may also receiv…

25 CAR § 2-305. Internal controls. (a)(1) Area managers are responsible for ensuring that staff are addressing referrals within the time frame designated by policy. (2) Staff can run regular reports on referrals and applications to determine dates and timelines that may be approa…

25 CAR § 2-401. Overview. (a)(1) The primary purpose of determining eligibility for VR services is to identify applicants of the VR program with visual disabilities who require VR services to prepare for, secure, retain, advance in, or regain employment. (2)(A) There are three (3…

25 CAR § 2-402. Determination of eligibility. (a) Introduction. (1)(A) The VR counselor has the responsibility for determining an individual's: (i) Eligibility for VR services; (ii) Need for a trial work period; or (iii) Ineligibility for VR services. (B) An eligibility decision …

25 CAR § 2-403. Employment eligibility verification documents. Required documents for working in the United States may include: (1) Valid Social Security card; (2) Valid driver’s license; (3) Valid nondriver ID card (issued by the Office of Motor Vehicle); (4) United States passp…

25 CAR § 2-404. Ineligibility for VR services. (a) Ineligibility determination. (1)(A) It may be determined that an applicant is not eligible for VR services. (B) If so, a notification letter will be sent to the consumer. (C) The date of the determination of ineligibility must be…

25 CAR § 2-405. Annual reviews of ineligible cases. (a) Annual review of cases. (1) Individuals who are determined ineligible for VR services are to be provided an opportunity for a review of the ineligibility determination no later than twelve (12) months after the decision is m…

25 CAR § 2-501. Overview. (a) Introduction. (1) The order of selection is a set of criteria prioritizing the order in which VR-eligible individuals will be served if the Division of State Services for the Blind cannot provide services to all eligible individuals. (2) If an order …

25 CAR § 2-502. Applying the order of selection. (a) Determining priority category. (1)(A) Once an applicant is determined eligible for VR services, the VR counselor will use the AWARE Disability Priority Page to indicate the number of functional limitations. (B) Based on informa…

25 CAR § 2-503. Procedure for managing order of selection and the waiting list. (a) The Field Administrator manages the waiting list and is responsible for tracking and communicating with individuals placed on a waitlist. (b) The following procedures are in place for managing OOS…

25 CAR § 2-504. Order of selection implementation. (a)(1) If an order of selection is implemented, the Director of the Division of State Services for the Blind will determine the priority levels that will remain open for services. (2) This determination will be made before the st…

25 CAR § 2-505. Notice and administration of order of selection. (a)(1) Individuals must be notified about OOS during the referral, orientation, and intake process. (2) Definitions of priority categories and the criteria used in assigning individuals to these categories will be p…

25 CAR § 2-601. Introduction. (a) In collaboration with state local educational agencies, the Division of State Services for the Blind shall provide or arrange for the provision of preemployment transition services (pre-ETS) for students with disabilities in need of such services…

25 CAR § 2-602. Student with a disability. (a)(1) The Division of State Services for the Blind defines a student with a disability in accordance with federal regulations. (2) Under 34 C.F.R. § 361.5(c)(51), a student with a disability is an individual in a secondary, postsecondar…

25 CAR § 2-603. Referrals. (a)(1)(A) When a consumer is referred to the Division of State Services for the Blind, the DSB 8065 (referral form) should be completed at the time of initial contact. (B) This form should be used to complete the referral in the AWARE Referral Module. (…

25 CAR § 2-604. Coordination with schools. (a)(1) The Division of State Services for the Blind will coordinate services with the Department of Education at a state level and with schools and school districts at the local level. (2) Pre-ETS counselors should work closely with the …

25 CAR § 2-605. Preemployment transition services. (a)(1) The primary purpose of pre-ETS provided or coordinated by the Division of State Services for the Blind is to help students begin to identify career interests and to learn skills in preparation for transition to employment …

25 CAR § 2-606. Reasonable accommodations/auxiliary aids and services. (a)(1) The Division of State Services for the Blind will ensure that no qualified student with a disability is denied the benefit of preemployment transition services on the basis of the individual’s disabilit…

25 CAR § 2-607. Pre-ETS case closure and discontinuation of services. (a)(1) Preemployment transition services shall be discontinued once an individual no longer satisfies the definition of a “student with a disability”, regardless of whether those services were being provided co…

25 CAR § 55-101. Generally. (a) Pursuant to Arkansas Code § 25-1-901 et seq., a state entity, its employees, or any contractors hired by the state entity to provide training, workshops, forums, or similar programming (training) shall not teach, advocate, act upon, or promote in a…

25 CAR § 55-102. Requirements. (a) Each state entity shall: (1) Identify any grant programs that the state entity will require the recipient, as a condition of receiving the grant, to certify that the recipient will not use state funds or assets to promote a divisive concept; (2)…