Iowa Administrative Code

than confidential records are public records. The council shall deem to be confidential those categories of records enumerated in Iowa Code section 22.7 which are in its possession.

and programs as determined by the commission for the blind.

be continual or significant, the department may enter into an agreement with any appropriate public or private entity pursuant to Iowa Code chapter 28E. The agreement must specify the purpose of the arrangement; the specific use of the facility or the specific activity of staff w…

216B.3(8), there is established a gifts and bequests fund. 1.11(1) Gifts and bequests fund. The gifts and bequests fund is established primarily to provide direct financial assistance in the form of grants or loans to blind Iowans which will materially assist in independent livin…

1.12(1) The procurement of goods and services for clients of the department shall be in accordance with the requirements of informed choice as defined in 34 CFR 361.52 (as published in the Federal Register on January 22, 2001). 1.12(2) Procurement of goods. Except as provided in …

1.13(1) Dangerous weapons. No member of the public shall carry a dangerous weapon in department facilities. This provision applies to any member of the public whether or not the individual possesses a valid Iowa permit to carry weapons. This provision does not apply to: a. A peac…

assembly established the Iowa commission for the blind on April 1, 1925. Although specific programs for the blind have varied in recent years, the basic mission to promote positive attitudes toward blindness has remained constant. As a result of state government reorganization in…

Street, Des Moines, Iowa 50309-2364, telephone (515)281-1333, (incoming WATS number (800)362-2587). [ARC 0461C, IAB 11/28/12, effective 1/2/13]

“Blind” or “blindness,” except as applicable to the business enterprises program, refers to the condition of an individual who meets one or more of the following criteria: (1) vision not more than 20/200 central visual acuity in the better eye, with ordinary corrective lenses, or…

sections 216B.3 and 216D.3. 1.5(1) Meetings. The commission shall meet as often as necessary to conduct business expeditiously and efficiently. To the maximum extent practicable, meetings will be held outside normal working hours to encourage attendance. 1.5(2) Chairperson. At th…

responsible for implementation of commission policies and for administration of programs and services in compliance with applicable federal and state laws and regulations.

1. Adult orientation and adjustment center 2. Business enterprises program 3. Field operations 4. Library for the blind and physically handicapped

perform work for private associations or organizations (including organizations of or for the blind) during working hours or with use of department facilities unless arrangements have been formalized through a 28E agreement approved by the commission. Significant organizational a…

groups of blind individuals or other groups or organizations interested in working with blind individuals when the activity does not interfere with the conduct of department business. Authorization for the use of facilities must be obtained from the director or designee.

employment outcome consistent with their individual strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

1. Application for rehabilitation services—used for application for vocational rehabilitation services from the department. 2. Individual plan for employment (IPE)—used by the counselor/teacher and individual to develop a blind person’s program for rehabilitation. The IPE must co…

by the department pursuant to federal regulations and submitted to the United States Department of Education, rehabilitation services administration. The state plan delineates the scope of vocational rehabilitation services to individuals and to groups, ensures that written polic…

contact the department and must complete the application process. An individual is considered to have submitted an application when the individual or the individual’s representative, as appropriate, (1) has completed and signed an agency application form; (2) has provided informa…

10.4(1) Eligibility for vocational rehabilitation shall be determined upon the presence of four basic conditions: (1) the existence of blindness as defined in rule 111—1.4(216B); (2) the existence of blindness constitutes or results in a substantial impediment to employment; (3) …

10.5(1) Vocational rehabilitation services are any services described in an individualized plan for employment necessary to assist an individual in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities,…

10.6(1) Prior to providing any vocational rehabilitation services, except those services listed in subrule 10.6(3), to an eligible individual or to members of the individual’s family, the department must determine whether comparable services and benefits exist under any other pro…

10.7(1) A decision to terminate vocational rehabilitation services shall be made only after providing an opportunity for full consultation with the individual or, if appropriate, with the individual’s representative. 10.7(2) The individual will be informed in writing of the reaso…

resolution process, required by the Rehabilitation Act of 1973, shall be conducted by the department. 10.8(1) Definitions. “Administrative review” means a procedure by which the department may provide an opportunity for an applicant or eligible individual to express and seek reme…

applicant or eligible individual of the applicant’s or eligible individual’s rights as follows: 10.9(1) A written statement of rights, which sets forth the department’s policies and practices with regard to administrative review, fair hearing, confidentiality of records and nondi…

ineligible for traditional vocational rehabilitation services to achieve their maximum level of independence within family and community life.

inform the applicant or eligible individual of the applicant’s or eligible individual’s rights as follows: 11.10(1) Written information on the Iowa client assistance program and on the department’s policies and practices with regard to administrative review, fair hearing, confide…

program: 1. Application for Independent Living Rehabilitation Services—used for application for independent living rehabilitation services from the department. 2. Independent Living Rehabilitation Plan (ILRP) used to develop a blind person’s program for rehabilitation by providin…

teaching alternative techniques of blindness; guidance and counseling; orientation and mobility training; referral; recreational activities; provision and instruction in the use of telecommunication, sensory and other technological aids and devices; and provision of technical ass…

regulations and is submitted to the United States Department of Education, rehabilitation services administration. The SPIL delineates expenditure of funds, describes administrative procedures, establishes program goals, and identifies the scope and extent of services. It is deve…

application delineates expenditure of funds, establishes program goals, identifies the scope and extent of services, and defines a plan of operation. The application is submitted to the U.S. Department of Education, Rehabilitation Services Administration. The application assures …

must meet the following criteria: (1) have a severe visual impairment; (2) either be aged 55 or older, or have a severe mental, cognitive, physical, or other sensory impairment; (3) experience a severe limitation in ability to function independently in the family or community, or…

should contact the department office and must complete the Application for Independent Living Rehabilitation Services form.

11.7(1) Full consideration is given to any comparable services and benefits available to a blind person under any program (for example, workers’ compensation, supplemental security income, social security disability insurance) to meet in whole or in part the cost of independent l…

11.8(1) A decision to terminate independent living rehabilitation services shall be made only with the full participation of the eligible individual or, as appropriate, the eligible individual’s parent, guardian or other representative, unless the eligible individual has refused …

resolution process shall be conducted by the department. 11.9(1) Definitions. “Administrative review” means a procedure by which the department may provide an opportunity for an applicant or eligible individual to express and seek remedy for dissatisfaction with a decision regard…

rules implemented by the department. The intent of this chapter is to allow persons to seek exceptions to the application of rules implemented by the department. 12.1(1) Definitions. “Commission” means the three-member statutory commission for the blind. “Department” means the de…

within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

waiver petition may be taken in accordance with Iowa Code chapter 17A. Exhibit A Sample Petition (Request) for Waiver BEFORE THE DEPARTMENT FOR THE BLIND Petition by (insert name of petitioner) for the waiver of (insert rule citation) relating to (insert the subject matter). } PE…

waiver shall be made at the sole discretion of the director upon consideration of all relevant factors. The director may bring a request for a waiver to the commission for discussion prior to issuing a decision on the waiver. The director shall notify the commission of any waiver…

12.3(1) Application. All petitions for waiver must be submitted in writing to the Director, Department for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested c…

petition is filed for a waiver from a rule.

ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the department may give notice to other pers…

12.6(1) Additional information. Prior to issuing an order granting or denying a waiver, the department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the director ma…

department shall maintain a record of all orders granting or denying waivers under this chapter. All final rulings in response to requests for waivers shall be indexed and available to members of the public at the Department for the Blind, 524 Fourth Street, Des Moines, Iowa 5030…

based are not true or if material facts have been withheld. The director may at any time cancel a waiver upon appropriate notice if the director finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance prov…

the particular rule for which the waiver is granted and is subject to the same remedies or penalties.

“Agency” in these rules means the department for the blind. “Authorization for release of information” means the form prescribed by the agency for the purpose of authorizing the release of a confidential record, signed and dated by the person empowered to release the information.…

the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statutes other than the public records law, Iowa Code chapter 22. To the extent allowed by law, the following uses are co…

13.11(1) The subject of a record may complete the agency Authorization for Release of Information form, consenting in writing to agency disclosure of confidential records as provided in rule 111—13.7(17A,22). 13.11(2) Complaints to public officials. A letter from a subject of a c…

subject of a confidential record, may file a written request to review confidential records about that person. The agency shall make all information in the case record accessible to the subject or the subject’s representative in a timely manner, except: 1. The identity of a perso…