10A NCAC 89C .0205       SERVICES COVERED BY OR EXEMPT FROM FINANCIAL NEEDS TEST

(a)  The financial need of a client, as determined by the financial needs test specified in Rule .0206 of this Section, shall apply as a condition for furnishing the following vocational rehabilitation services to clients eligible for services or to clients eligible for extended evaluation or trial work experiences:

(1)           physical and mental restoration;

(2)           maintenance;

(3)           transportation;

(4)           occupational license;

(5)           tools, equipment, and initial stock (including livestock), supplies and necessary shelters in connection with these items;

(6)           services to members of the individual's family necessary to the adjustment or rehabilitation of the individual with disabilities;

(7)           rehabilitation technology including vehicular, home modifications, telecommunications, sensory, and other technological aids and devices;

(8)           post-employment services provided subsequent to the achievement of an employment outcome necessary to assist individuals with disabilities in maintaining employment (other than those services in Paragraph (d)(1) of this Rule which are provided without regard to financial need);

(9)           vocational and other training services, books, tools, and other training materials;

(10)         other goods and services expected to benefit an individual with disabilities in obtaining employment or achieving the individual's independent living goals;

(11)         non-assessment services for eligible individuals receiving vocational rehabilitation services through trial work experiences or extended evaluation; and

(12)         personal and vocational adjustment training and On-the-Job Training that does not conflict with Federal and State wage and hour laws.

(b)  No training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) as noted in Paragraph (a)(9) of this Rule shall be paid for with vocational rehabilitation funds until maximum efforts have been made by the designated state unit and the individual to secure grant assistance in whole or part from other resources to pay for training and such assistance is applied to the cost of training.

(c)  Physical and mental restoration as noted in Paragraph (a)(1) of this Rule shall only be provided to the extent that financial support is not available from a source other than the designated state unit such as through health insurance or a comparable service or benefit as defined in 34 CFR 361.6(b)(10).

(d)  The financial needs test shall not apply as a condition for furnishing the following:

(1)           services exempt from the financial needs test under 34 C.F.R. 361.54;

(2)           foreign language interpreter/translator services for individuals who are unable to understand either verbal or written information presented by the Division;

(3)           any vocational rehabilitation service to individuals determined eligible for Social Security benefits under Titles II or XVI of the Social Security Act; and

(4)           all services and equipment provided by staff of the Division.

(5)           time-limited Division-sponsored internships with employers as a part of an individualized plan for employment made available to eligible individuals served through the NC Division of Vocational Rehabilitation Services Program.  Division sponsorship for an internship described within this Paragraph will allow a rate of pay of at least minimum wage and will not exceed a period of four months unless an exception is granted by the Division's Chief of Policy based on the applicable policy.  Pending available funding, Division sponsorship of these internships for clients as described in this Subparagraph is provided as a part of the ARRA plan and will expire on or before September 30, 2011, as determined by the Division Director.

(e)  The Division shall grant an exception to the rate for tuition for post-secondary education specified in Rule .0119 of this Section when accommodations for the special training needs of individuals with significant disabilities are included in the tuition rate.

(f)  Notwithstanding Paragraph (a) of this Rule, the following services are not subject to the financial needs test specified in Rule 0.0206 of Subchapter 89C for individuals being served through the NC Division of Vocational Rehabilitation Services Program:

(1)           Personal and Vocational Adjustment Training and On-the-Job Training that does not conflict with Federal and State wage and hour laws.

This Paragraph expires September 30, 2011.

History Note:        Authority G.S. 143-545.1; 143-546.1; 150B-21.1B; 34 C.F.R. 361.40; 34 C.F.R. 361.41; 34 C.F.R. 361.47; 34 C.F.R. 364.59; P.L. 111.5;

Eff. February 1, 1976;

Amended Eff. February 1, 1996; October 1, 1994; March 1, 1990;

Temporary Amendment Eff. January 26, 2003; May 1, 2002;

Amended Eff. August 1, 2004;

Emergency Amendment Eff. October 27, 2009;

Temporary Amendment Eff. December 4, 2009;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.