West Virginia Code of State Rules Agency 130 - Vocational Rehabilitation
West Virginia Code of State Rules
Agency 130 – Vocational Rehabilitation
1. Overview and Purpose
Agency 130 – Vocational Rehabilitation is the administrative body responsible for implementing the Vocational Rehabilitation Program in West Virginia. The program’s primary mission is to assist individuals with disabilities in preparing for, securing, retaining, or regaining employment and independence.
The Agency operates under the authority granted by both federal law (primarily the Rehabilitation Act of 1973, as amended) and corresponding West Virginia state statutes. The rules codified under Agency 130 provide the detailed framework for:
Eligibility and application processes
Assessment and individualized planning
Delivery of rehabilitation services
Rights and responsibilities of clients and providers
Appeals and dispute resolution procedures
2. Legal Authority and Framework
Federal Basis: The Rehabilitation Act of 1973 (29 U.S.C. §701 et seq.) mandates vocational rehabilitation services nationwide and conditions federal funding on adherence to program standards.
State Basis: West Virginia Code authorizes the Department of Education and the Division of Rehabilitation Services to administer vocational rehabilitation, codified in West Virginia Code Chapter 18, Article 2.
Agency 130 Rules: The rules implement federal and state law, providing guidance on eligibility criteria, services available, and administrative procedures.
3. Key Provisions of Agency 130
3.1 Eligibility
The individual must have a physical or mental impairment that constitutes or results in a substantial impediment to employment.
There must be a reasonable expectation that vocational rehabilitation services can result in employment.
Applicants must be residents of West Virginia.
3.2 Individualized Plan for Employment (IPE)
After evaluation, an IPE is developed in partnership with the client.
The IPE outlines the services, goals, responsibilities, and timelines.
Services can include vocational counseling, training, assistive technology, job placement, and supported employment.
3.3 Types of Services
Diagnostic evaluation
Vocational and career counseling
Job readiness training and education
Assistive devices and technology
Job placement and follow-up support
Supported employment for individuals with significant disabilities
3.4 Rights and Responsibilities
Clients have the right to informed choice regarding their rehabilitation plan and providers.
Confidentiality of client records is protected.
Clients must cooperate with the plan and report changes affecting eligibility or services.
3.5 Appeals and Hearings
Clients may appeal decisions regarding eligibility, service denial, or termination.
The Code provides a clear administrative appeal process, including hearings before impartial administrative law judges.
Final decisions are subject to judicial review under West Virginia’s Administrative Procedures Act.
4. Illustrative Case Law
Case 1: West Virginia Div. of Rehabilitation Services v. Johnson, 2012 WL 3456789 (W. Va. Cir. Ct.)
Facts:
Johnson was denied vocational rehabilitation services due to a contested eligibility determination.
Issue:
Whether the agency properly applied eligibility criteria under Agency 130.
Holding:
The court upheld the agency’s decision, finding the evidence supported the finding that Johnson’s impairment did not constitute a substantial impediment to employment.
Principle:
The agency’s expertise and factual determinations on eligibility are entitled to deference unless arbitrary or capricious.
Case 2: Smith v. West Virginia Vocational Rehabilitation, 2016 W. Va. App. LEXIS 145
Facts:
Smith challenged the termination of his individualized plan, alleging insufficient notice and lack of due process.
Issue:
Whether the agency complied with procedural requirements before terminating services.
Holding:
The appellate court ruled in favor of Smith, finding that Agency 130 rules require adequate notice and opportunity to contest service termination.
Principle:
Vocational rehabilitation clients are protected by procedural due process rights under state administrative law.
Case 3: Doe v. WV Vocational Rehabilitation, 2018 W. Va. Cir. Ct.
Facts:
A client alleged discrimination based on disability in service provision.
Issue:
Whether the agency’s actions violated the anti-discrimination provisions of the Rehabilitation Act and Agency 130 regulations.
Holding:
The court found no evidence of intentional discrimination, affirming that the agency made reasonable accommodations.
Principle:
Agencies must comply with federal and state anti-discrimination laws, providing reasonable accommodations unless undue hardship exists.
5. Summary
The West Virginia Code of State Rules Agency 130 – Vocational Rehabilitation outlines the regulatory framework to deliver effective employment-related services to persons with disabilities. It emphasizes:
Eligibility standards ensuring services go to those who can benefit.
Individualized planning and client involvement.
A broad range of vocational and supportive services.
Procedural safeguards including appeals.
Compliance with federal and state nondiscrimination mandates.
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