§ 7054. Determining Level of Significance of Disability.

(a) Assessing the level of significance of disability shall be:

(1) a collaborative effort on the part of Departmental staff and the individual with a disability and, as appropriate, his/her family, or advocates, or designated representative; and

(2) based on information collected from a wide variety of sources; and

(3) based on a review of the individual's daily life, including community, home, school, and work, considering an individual's ability to participate in major life activities, as they impact an employment outcome; and

(4) a consideration of the impact of an individual's impairment/s in each of the functional capacity areas (communication, interpersonal skills, mobility, self-care, work skills and work tolerance).

(b) When assessing the functional impact of the disability, Departmental staff shall, in collaboration with the individual and/or the individual's representative, complete a form DR 213A, Significance of Disability Instrument (New 06/01), incorporated herein by reference, indicating whether any serious limitation in terms of an employment outcome exists in each of the functional capacity areas.

The following factors are to be considered in determining if a serious limitation in terms if an employment outcome exists in each functional capacity area. The factors listed below and on the form DR 213A, Significance of Disability Instrument (New 06/01) for each of the functional capacity areas are not considered to be all-inclusive or fully comprehensive.

(1) A serious limitation in terms of an employment outcome is indicated in the area of communication when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to use, give and/or receive verbal/auditory information; or

(B) The individual requires accommodation to use, give and/or receive visual information.

(2) A serious limitation in terms of an employment outcome is indicated in the area of mobility when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to move from place to place; or

(B) The individual is limited in terms of distance and/or terrain that can be traveled.

(3) A serious limitation in terms of an employment outcome is indicated in the area of interpersonal skills when, as a result of the physical and/or mental impairment, the individual requires accommodation to establish and/or maintain appropriate interactions with others.

(4) A serious limitation in terms of an employment outcome is indicated in the area of self-care when, as a result of the physical and/or mental impairment, the individual requires accommodation to plan and/or perform activities of daily living.

(5) A serious limitation in terms of an employment outcome is indicated in the area of work skills when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to learn and/or perform work functions; or

(B) The individual requires accommodation to plan, problem solve and/or organize work functions.

(6) A serious limitation in terms of an employment outcome is indicated in the area of work tolerance when, as a result of the physical and/or mental impairment:

(A) The individual requires accommodation to sustain the required level of work function; or

(B) The individual is restricted from working in certain work environments which may include, but are not limited to, cold, heat and noise.

(c) The individual shall receive a copy of form DR 213, Significance of Disability Determination (Rev. 07/01), incorporated by reference herein, within 30 days of determination of the level of significance of disability. The individual, or the individual's designated representative, and the counselor shall sign the form and it shall be included in the individual's record of services.

HISTORY

1. New section filed 7-27-95 as an emergency; operative 7-27-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-24-95 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-27-95 order transmitted to OAL 7-11-95 and filed 8-21-95 (Register 95, No. 34).

3. Change without regulatory effect amending subsection (e) filed 10-2-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 40).

4. Amendment of subsection (e), repealer of subsections (e)(1)-(5) and amendment of Note filed 8-30-99; operative 8-30-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).

5. Amendment of section heading and section filed 6-28-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 6-28-2001 order, including further amendment of section and Note , transmitted to OAL 10-24-2001 and filed 12-10-2001 (Register 2001, No. 50).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(21) and 721(a)(5); 34 CFR Sections 361.5(b)(30) and (31) and 361.36; and Sections 19011 and 19102, Welfare and Institutions Code.