(a) Council means the Rehabilitation Advisory Council
(RAC) for Division of Vocational Rehabilitation (DVR).

(b) Division means the Division of Vocational
Rehabilitation (DVR).

(c) Administrator means the Administrator of the Division of Vocational Rehabilitation (DVR), who shall be an ex-officio non-voting member of the RAC. The Administrator must have at least a bachelors degree in Special Education, Vocational Rehabilitative Counseling Services or related subject, and at least four (4) years of experience in vocational rehabilitation service or related service dealing with persons with disabilities of which two (2) years shall be administrative. The position shall be of the classified service of the government of Guam. The position Classification Standard and Compensation shall be established by the Director of Administration.

(d) Individual with a Disability means any individual who:

(1) Has a physical or mental impairment which for this individual constitutes or results in a substantial impediment to employment, and can benefit in terms of an employment outcome through the provision of vocational rehabilitation services provided, pursuant to Title I, III, VI, or VIII of the Vocational Rehabilitation Act of 1973, as amended.
(2) Can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to this Chapter.

(e) Individual with a Severe Disability means an individual with a disability who has a severe physical or mental impairment, which seriously limits one or more functional capacities as defined by the Vocational Rehabilitation Act, as amended.

(f) Vocational Rehabilitation Services means those services identified in this Article, to include services identified in the approved state plan. All expenses for the purposes of these services will not be restricted or included under capital outlay.

(g) Supported Employment means competitive work in integrated work settings for individuals with the severe disabilities for whom competitive employment has not traditionally occurred; or for whom competitive employment has been interrupted or intermittent as a result of a severe disability; and who, because of the nature and severity of their disability, need intensive supported employment services for the period, and any extended services to include transitional employment for persons who are individuals with the most severe disabilities due to mental illness.

(h) Nonprofit when used with respect to a rehabilitation facility means a rehabilitation facility which is owned and operated by a corporation or association, no part of the net earnings of which accrues or may lawfully accrue, to the benefit of any private shareholder or individual, and the income of which is exempt from taxation under §501(c)(3) of the Internal Revenue Code of 1954.

(i) Assessment for determining eligibility and vocational rehabilitation needs means, to determine whether an individual is eligible for vocational rehabilitation services; and to the extent additional data is necessary to make such determination, a preliminary assessment of such data, including the provision of goods and services during such assessment; to the extent additional data is necessary, a
comprehensive assessment, including the administration of the assessment, of the unique strengths, resources, priorities, interests and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual, which comprehensive assessment is limited to information that is necessary to identify the rehabilitation needs of the individual to develop the rehabilitation program of the individual; uses, as a primary source of such information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements – existing information; and such information as can be provided by the individual and , where appropriate, by the family of the individual; may include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments and employment opportunities of the individual, and the medical, psychiatric, psychological and other pertinent vocational, educational, cultural, social, recreational and environmental factors, that affect the employment and rehabilitation needs of the individual and may include an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and referral; the provision of vocational rehabilitation services to an individual for a total period not in excess of eighteen (18) months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for such individual; and an assessment at least once every ninety (90) day period during which such services are provided, of the results of the provision of such services to an
individual to ascertain whether any of the determinations described may be made.

(j) State means any one of the several states, territories or possessions of the United States.

(k) Community Rehabilitation Program means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individuals to maximize opportunities for employment, including career advancement:

(1) Comprehensive rehabilitation services which shall include, under one management, medical, psychological, social, and vocational services.

(2) Testing, fitting or training in the use of prosthetic and orthotic devices.

(3) Recreation therapy.

(4) Physical and occupational therapy.

(5) Speech, language and hearing therapy.

(6) Psychiatric, psychological and social services. (7) Personal and work adjustment.
(8) Vocational training, in combination with other rehabilitation services.
(9) Evaluation or control of special disabilities. (10) Assessment for determining eligibility and
vocational needs, including evaluation for supported
employment, development, and placement in jobs. (11) Development of, and placement in jobs.
(12) Job coaching services to enable a person with disabilities to obtain or maintain supported or competitive employment.

(13) Extended employment for persons with severe disabilities who cannot be readily absorbed into the competitive labor market.

(14) Personal assistance services.

(l) Vocational Rehabilitation Services when provided to and individual means any one or any combination of the following services:

(1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, assessment by personnel skilled in rehabilitation technology;

(2) counseling, guidance, and work-related placement services for individuals with disabilities, including job search assistance, placement assistance, job retention services, personal assistance services and follow-up, follow-along, and specific post employment services necessary to assist such individuals to maintain, regain or advance in employment;

(3) vocational and other training services for individuals with disabilities, which shall include personal and vocational adjustment, books or other training materials, and such services to the families of such individuals as are necessary to the adjustment or rehabilitation of such individuals, except that no training services in institutions of higher education shall be paid for with basic support Federal funds unless maximum efforts have been made to secure grant assistance, in whole or in part, from other sources to pay for such train- ing;

(4) physical and mental restoration services, including, but not limited to,

(A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes an impediment to employment, but is of such nature that such
correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time,

(B) prosthetic and orthotic devices,

(C) eyeglasses and visual services, as prescribed by qualified personnel under Guam licensure laws,

(D) special services, including transplantation and dialysis, artificial kidneys and supplies necessary for the treatment of individuals with end- stage renal disease, and

(E) diagnosis and treatment for mental and emotional disorders by qualified personnel under Guam licensure laws;

(5) maintenance for costs incurred while participat- ing in rehabilitation;

(6) interpreter services for individuals who are deaf, and reader services for those individuals determined to be blind after an examination by qualified personnel under Guam licensure laws;

(7) recruitment and training services for individuals with disabilities to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety and law enforcement, and other appropriate service employment;

(8) rehabilitation teaching services and orientation and mobility services for individuals who are blind;

(9) occupational licenses, tools, equipment and initial stocks and supplies;

(10) transportation in connection with the rendering of any vocational rehabilitation service;

(11) telecommunication, sensory and other techno- logical aids and devices;

(12) rehabilitation technology services;
(13) referral and other services designed to assist individuals with disabilities in securing needed services from other agencies through agreements developed, if such services are not available under the Rehabilitation Act of 1973, as amended;

(14) transition services that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives;

(15) on-the-job training or other related personal assistance services provided while an individual with a disability is receiving vocational rehabilitation services;

(16) supported employment services; and

(17) vocational rehabilitation services, when provided for the benefit of groups of individuals, may also include the following:

(A) in the case of any type of small business operated by individuals with the most severe disabilities, the operation of which can be improved by management services and supervision provided by the Department, the provision of such services and supervision, along or together with the acquisition of equipment and initial stocks and supplies;

(B) the establishment, development, or improvement of community rehabilitation programs, including under special circumstances, the construction of a facility, and the provision of other services, including services offered at community rehabilitation programs, which promise to contrib- ute substantially to the rehabilitation of a group of individuals, but which are not related directly to the individualized rehabilitation written program of any one individual with a disability. Such programs shall be used to provide services that promote integration and competitive employment;

(C) use of existing telecommunications systems, including telephone, television, satellite, radio, and other similar systems, which have the potential for substantially improving service deliv- ery methods, and the development of appropriate programming to meet the particular needs of individuals with disabilities;

(D) the use of services providing recorded material for individuals who are blind and captioned films or video cassettes for individuals who are deaf; and

(E) technical assistance and support services to businesses that are subject to Title I of the Americans with Disabilities Act of 1990 (42
U.S.C.§12111 et seq.) and that are seeking to
employ individuals with disabilities.

(m) Designated State Unit or State Vocational Rehabilitation Agency means the designated state unit, which is the Division of Vocational Rehabilitation (DVR), designated to develop and administer the State Plan for Vocational Rehabilitation Services.

(n) State Plan means the annual State Plan for Vocational Rehabilitation Services, or the vocational rehabilitation services part of a consolidated rehabilitation plan for vocational rehabilitation. In order to be eligible to participate in programs under the Rehabilitation Act of 1973, as amended, the Division shall submit to the Commissioner of Region IX, USDOE/Rehabilitation Services Administration a plan for vocational rehabilitation services for a three (3) year period, or shall submit the plan on such date, and at such regular intervals, as may be determined to be appropriate to coincide with the intervals at which the Division submits state plans under other Federal laws, such as part B of the Individuals with Disabilities Education Act (20 U.S.C. § 1411 et seq.).

(o) Individualized written rehabilitation program shall do all of the following:
(1) Be designed to achieve the employment objective of the individual, consistent with the unique strengths resources, priorities, concerns, abilities and capabilities of the individual, and to the maximum extent appropriate, to include placement in integrated settings.

(2) Be jointly developed and agreed upon by the eligible individual, or when appropriate, the individual’s parent, family member, guardian, advocate or authorized representative, and DVR. In developing the program, DVR shall inform the individual about and involve the individual in choosing among alternative goals, objectives, available services, entities providing the services and the methods used to provide or procure the services.

(3) Contain all of the information required by Federal law and regulations, including a statement of the specific vocational goods and services to be provided, and the terms and conditions under which available goods and services will be provided, to the extent Federal funds are available, to the individual in the most integrated setting.

(4) An individual is eligible for assistance consistent with the approved state plan.

(p) Assistive Technology Service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device; including:

(1) the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment or work place;

(2) purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;

(3) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(4) coordinating and using other therapies, interven- tions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(5) training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and

(6) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.

(q) Comparable Services and Benefits means services and benefits that are:

(1) provided or paid for, in whole or in part, by other Federal or Local public agencies, by health insurance, or by employee benefits;

(2) available to the individual within a reasonable period of time; and

(3) commensurate to the services that the individual would otherwise receive from the Division.

(r) Competitive Employment means work:

(1) in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

(2) for which an individual is compensated at or above the minimum wage, but not less than the prevailing wage for the same or similar work in the local
community performed by individuals who are not disabled.

(s) Employment Outcome means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated work setting to the greatest extent practicable; supported employment; or any other type of employment that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

(t) Extended Employment means work in a non- integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act, and any needed support services to a person with a disability to enable the individual to continue to train or otherwise prepare for competitive employment, unless the individual through informed chooses to remain in extended employment.

(u) Integrated Setting with respect to the provision of services or an employment outcome, means a setting typically found in the community in which applicants or eligible individuals have the opportunity to interact on a regular basis with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals.

(v) Maintenance means monetary support provided to an eligible individual or an individual receiving extended evaluation services for those living expenses, such as food, shelter and clothing, that are excess of the normal living expenses of the individual and that are necessitated by the individual’s participation in a program of vocational rehabilitation services.

(w) Personal Assistance Services means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be necessary to the achievement of an
employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising and directing personal assistance services.

(x) Physical and Mental Restoration Services means corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment.

(y) Transitional Employment as used in the definition supported employment, means a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most severe disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.

COMMENT: Effective January 1, 2006, reference to the “”Civil Service
Commission,”” amended to “”Director of Administration”” pursuant to P.L. 28-
068:IV:45 (Sept. 30, 2005).

NOTE: Pursuant the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme.