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67-25-183  <<  67-25-193 >>   67-25-205

PDFWAC 67-25-193

EligibilityOrder of selection.

(1) The purpose of an order of selection is to establish an equitable and organized system which, when resources are not sufficient to meet the full demand for services, gives priority to those individuals who are eligible for vocational rehabilitation services and who have the most substantial functional limitations or obstacles to achieve their career goal.
(2) When the order of selection is in effect, eligible individuals will be assigned to one of three priority categories:
(a) First priority: New applicants who meet eligibility criteria of most significant disability, per WAC 67-25-183.
(b) Second priority: New applicants who meet eligibility criteria of significant disability, per WAC 67-25-183.
(c) Third priority: New applicants who meet eligibility criteria of least significant disability, per WAC 67-25-183.
(3) The department's executive director shall decide when to implement an order of selection and will determine which priority categories will be open or closed for the development of new individualized plans for employment. In the event sufficient funds or other resources become available to serve all eligible individuals, the order of selection will be suspended by the director.
(4) When an order of selection waitlist is enacted, the priority criteria below will be considered before an eligible individual can develop and carry out an individualized plan for employment in collaboration with their vocational rehabilitation counselor.
(a) The priority of the category to which they are assigned;
(b) Whether or not that category is open for development of new plans; and
(c) The order in which they applied for vocational rehabilitation services as indicated by the date of application.
(5) Eligible individuals will be placed in the highest priority category for which they are qualified. The date of application will be used whenever it is determined that a waitlist is required for a category.
(6) Exceptions to the order of selection waitlist may include:
(a) Students with a disability who are qualified for preemployment transition services as described in WAC 67-25-290.
(b) Eligible individuals who require immediate services or tools to retain a current job.
(i) Only the comprehensive services or tools required to retain the current job can be provided under this exception.
(ii) If any further services are needed once the job is stable or keeping the current job is no longer the goal, then the individual's case requires being placed on the waitlist and served in the priority and order for the significance of disability category that the individual qualifies for.
(7) Eligible individuals will be notified in writing of their category status at the same time as they are notified of their eligibility, as well as of the conditions pertaining to that category:
(a) Whether the category is currently open or closed; and
(b) The current status of the existing waitlist within that category.
(8) Eligible individuals will be notified of the right to appeal the category decision, in accordance with WAC 67-25-600, and of their responsibility to notify the department if their situation changes in a way that may affect their priority category placement.
(9) Information and referral services are the only services available to individuals whose case is placed on the waitlist in a closed priority category.
(a) While the case continues on the waitlist, individuals will not be able to receive services such as: Counseling and guidance, assessment and training, job placement, or other vocational rehabilitation services.
Students with a disability can qualify for preemployment transition services as described in WAC 67-25-290(3) while their case is on the waitlist.
(b) When an individual is notified that their case has come off the waitlist, the customer will collaborate with their vocational rehabilitation counselor to complete an individualized plan for employment before initiating services.
(10) Customers who are receiving services under an individualized plan for employment at the time an order of selection is implemented will continue to receive services as planned. They are not subject to the order of selection waitlist.
(11) The order of selection will not affect the provision of services needed to determine eligibility for vocational rehabilitation services, in accordance with WAC 67-25-125.
[Statutory Authority: 34 C.F.R. Part 361. WSR 25-16-007, s 67-25-193, filed 7/24/25, effective 8/24/25. Statutory Authority: P.L. 113-128 and 34 C.F.R. Part 361. WSR 18-14-101, amended and recodified as § 67-25-193, filed 7/3/18, effective 8/3/18. Statutory Authority: Chapter 74.18 RCW. WSR 05-08-097, § 67-25-460, filed 4/4/05, effective 5/5/05. Statutory Authority: Federal Regulatory Authority for Order of Selection Rehabilitation Act of 1973, as amended, Section 101 (a)(5). 34 Code of Federal Regulations Part 361 Sec. 361.36 Ability to serve all eligible individuals; order of selection for services. Regulatory Authority for Information and Referral Services Rehabilitation Act of 1973, as amended, Section 101 (a)(20) Information and Referral services. 34 Code of Federal Regulations Part 361 Sec. 361.37 Information and referral services. The Rehabilitation Act of 1973, As Amended, Title I - Vocational Rehabilitation Services, Part A - General Provisions, Section 100 - Declaration of Policy. WSR 01-21-073, § 67-25-460, filed 10/18/01, effective 11/18/01.]