Section 1240-08-04-.02 - ELIGIBILITY AND DISABILITY PRIORITY(1) Following completion of the application process in Rule 1240-08-04-.01, an eligibility determination must be made within 60 days, unless: (a) Exceptional and unforeseen circumstances beyond the control of VR preclude making an eligibility determination within 60 days and VR and the individual agree to a specific extension of time; or(b) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out through trial work experiences in accordance with VR requirements.(2) An individual is eligible for VR services when the individual meets the basic requirements for eligibility and whose disability priority has been determined to be in an open priority category in accordance with Rule 1240-08-05-.01.(3) The basic requirements for eligibility are:(a) The individual has a physical, cognitive, mental, or sensory impairment that constitutes or results in a substantial impediment to employment;(b) The individual requires VR services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and(c) The individual can benefit in terms of an employment outcome from the provision of VR services.(4) Disability priority is based on the federal definition of an individual with a significant disability in accordance with Rule 1240-08-05-.01. Each individual who meets the basic requirements for eligibility will be placed into the highest disability priority category in accordance with Rule 1240-08-05-.01.Tenn. Comp. R. & Regs. 1240-08-04-.02
Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Repeal and new rules filed October 5, 2017; effective January 3, 2018. Amendments filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 49-11-604(b), 71-1-104, and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; 34 C.F.R. §§ 361.5 and 361.36; and Executive Order No. 43 (1983).