Chapter 41

17 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 1 CHAPTER 41 VOCATIONAL REHABILITATION NOTE : Public Law 13-18 repealed Chapter VIII of Title X II, 'Vocational Rehabilitation,' and enacted a new Titl e XII-A, 'Vocational Rehabilitation.' Public Law 14-77 also added a new Title XII-A though this new title was named Guam Communit y College. The Community College Act of 1977 can be found in C hapter 30. The Chapter was again repealed and reenacted by P.L . 18-32:1. SOURCE information below is given only for changes in the law since that time. This Chapter has been placed in Ti tle 17 and renumbered by the Compiler. Again, this Chapter was repealed and reenacted by P.L. 24-16:2. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. The passage of P.L. 30-050:2 (July 14, 2009) reverted t he name to the Department of Education. Article1. Department of Integrated Services for Ind ividuals with Disabilities (DISID). Article 2. Vocational Rehabilitation (DVR). Article 3. Division of Support Services for Individ uals with Disabilities (DSSID). Article 4. Division of Health Planning Program and Development. Article 5.

icle 2. Vocational Rehabilitation (DVR). Article 3. Division of Support Services for Individ uals with Disabilities (DSSID). Article 4. Division of Health Planning Program and Development. Article 5. Division of Evaluation, Enforcement and Compliance. Article 6. Individuals with Disabilities Disaster R ecovery Fund. [Repealed] Article 7. Individuals with Significant Disabilitie s Vending Act ARTICLE 1 DEPARTMENT OF INTEGRATED SERVICES FOR INDIVIDUALS WITH DISABILITIES (DISID) § 41101. Department. § 41102. Definitions § 41103. Duties of DISID § 41104. Staff § 41105. Other Programs/Services. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 2 § 41101. Department. There is within the government of Guam an entity en titled 'The Department of Integrated Services for Individu als with Disabilities (DISID),' which shall serve as a publi c service to coordinate and provide vocational rehabilitation an d comprehensive community services for eligible indiv iduals with disabilities. § 41102. Definitions. For the purposes of this Chapter: (a) Department means The Department of Integrated Services for Individuals with Disabilities ('DISID' ).

igible indiv iduals with disabilities. § 41102. Definitions. For the purposes of this Chapter: (a) Department means The Department of Integrated Services for Individuals with Disabilities ('DISID' ). (b) Director means the Director of the Department o f Integrated Services for Individuals with Disabiliti es (‘DISID’). The Director shall be appointed by I Maga’lahen Guåhan [Governor of Guam]and confirmed by I Liheslaturan Guåhan . The Director shall meet the following minimum qualifications: (1) shall have graduated from a recognized college or university with a Master’s Degree in Social Work or advanced degree in a related field of human service s, and five (5) years experience in the field of disabilit ies or related field of human services of which three (3) years shall have been experienced as an administrator or director; (2) shall have graduated from a recognized college or university with a Master’s Degree in Public Heal th Administration or advanced degree in a related fiel d of human services, and five (5) years experience in th e field of disabilities or related field of human services of which three (3) years shall have been experienced as an administrator or director;

of human services, and five (5) years experience in th e field of disabilities or related field of human services of which three (3) years shall have been experienced as an administrator or director; or (3) shall have graduated from a recognized college or university with a Bachelor’s Degree in Social Wo rk or degree in human services or related field and eight (8) years of experience in the field of disabilities or related COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 3 field of human services of which five (5) years sha ll have been experienced as an administrator or director. (c) [Repealed.] SOURCE : Subsection (c) added by P.L. 24-92:6. Subsection (b) amended by P.L. 26-40:1. Subsection (c) repealed/reenacted by P.L. 26-40:2. Subsection (c) repealed by P.L. 26-76:55 which repe aled the original enactment in P.L. 24-92 as part of abolishing the G uam Health Planning Division. § 41103. Duties of DISID. (a) The DISID can accept grants, gifts, contributio ns and appropriations. (b) The DISID shall conduct and provide for staff development, public education, and community awaren ess activities on the problems, needs, potentials, and rights of the individuals with

opriations. (b) The DISID shall conduct and provide for staff development, public education, and community awaren ess activities on the problems, needs, potentials, and rights of the individuals with disabilities through affirmative p ublic education programs, including conferences, workshops and foru ms. (c) The DISID shall serve as a central clearing hou se for public and private activities, which address the ne eds of persons with disabilities in Guam, review grant application s as related to the Division of Support Services for Individuals wi th Disabilities, proposed state plans and program descriptions in ma tters affecting persons with disabilities prior to submittal for th e Governor's approval, and serve as a repository and disseminato r of program information relating to persons with disabilities. (d) The DISID shall review, assess and make recommendations addressing problems and needs and t he availability of adequate services and resources for persons with disabilities in Guam through research and studies w ith regard to but not limited to employment, education, health, socia l services, recreation, civil rights, public facilities, housin g, vocational training and

in Guam through research and studies w ith regard to but not limited to employment, education, health, socia l services, recreation, civil rights, public facilities, housin g, vocational training and rehabilitation, transportation and other matter s pertinent to the well-being and independence of persons with disabil ities, and to publicize the results thereof. (e) The DISID shall compile and maintain a data bas e on the incidence of disabling conditions and number of per sons with disabilities in Guam, and on resources allocated to address the needs of persons with disabilities. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 4 (f) The DISID shall develop short and long-term pla ns to meet the needs of individuals with disabilities through facilitating the coordination of services and programs in collaborat ion with other organizations and/or agencies, whether they are com munity, public and/or private. (g) The DISID shall be the state agency to supervis e and administer the vocational rehabilitation services a uthorized by this Chapter under the state plan formulated in conforma nce with the Federal Vocational Rehabilitation Act, as amended, except for that part,

er the vocational rehabilitation services a uthorized by this Chapter under the state plan formulated in conforma nce with the Federal Vocational Rehabilitation Act, as amended, except for that part, as may be administered by a local agency of a political subdivision in the State, and DISID shall be the ag ency to supervise the local agency in the administration of that part . (h) The DISID shall submit a detailed report on its activities and responsibilities to the Governor and the Speake r of the Guam Legislature on January 1 of each year, and for the previous fiscal year, and publish its availability for review to th e public. (i) The DISID shall implement Quality Assurance Pro grams to assure compliance of all public and private entitie s consistent with applicable local and federal statutes pertaining to individuals with disabilities. (j) The DISID shall be designated as the state agen cy to administer the state plan for vocational rehabilita tion services and services for adults who are blind. (k) The DISID shall implement, consistent with appl icable local and federal statutes, a fair, timely and impa rtial grievance procedure to provide administrative due process and

dults who are blind. (k) The DISID shall implement, consistent with appl icable local and federal statutes, a fair, timely and impa rtial grievance procedure to provide administrative due process and recourse for individuals aggrieved by any action or failure to a ct on the part of the department under this Act. (l) Design and implement an information and referra l system for easy accessibility for individuals with disabil ities and others who may benefit from services of DISID and availabi lity of other services. (m) The DISID shall develop a Certification Program and fees pertaining thereto, pursuant to the Administrative Adjudication Law, to include certification levels, performance s tandards and training targets that will ensure government of Gua m employees COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 5 are capable of providing services to individuals wi th disabilities in a manner with respect and high regard. Such governm ent of Guam employees shall include, but not be limited to, cus tomer service personnel and uniformed personnel, as defined in 4 GCA § 8104(p).

in a manner with respect and high regard. Such governm ent of Guam employees shall include, but not be limited to, cus tomer service personnel and uniformed personnel, as defined in 4 GCA § 8104(p). DISID is authorized to permit other gover nment of Guam agencies and public and private educational institu tions to provide training relative to providing services to individu als with disabilities; however, DISID shall certify the part icipants’ completion of such training activities. SOURCE : Subsection (m) added by P.L. 31-266:2 (Dec. 26, 2 012). § 41104. Staff. The DISID shall hire staff to assist in the perform ance of its duties in compliance with Title 4, Guam Code Annota ted, and personnel rules and regulations. § 41105. Other Programs/Services. DISID will review annually the needs for new system s, or improvement of existing systems. DISID shall create and advocate for the expansion of programs and services and othe r systems as required to implement the services necessary for pe rsons with disabilities. ---------- ARTICLE 2 DIVISION OF VOCATIONAL REHABILITATION (DVR) SOURCE : This Article was added by P.L. 24-16:2. § 41201. Division § 41202. Definitions § 41203.

ssary for pe rsons with disabilities. ---------- ARTICLE 2 DIVISION OF VOCATIONAL REHABILITATION (DVR) SOURCE : This Article was added by P.L. 24-16:2. § 41201. Division § 41202. Definitions § 41203. Administration. § 41204. Rehabilitation Advisory Council (RAC) for Division of Vocational Rehabilitation (DVR) § 41205. Rehabilitation Advisory Council (RAC) Func tion. § 41206. Meetings § 41207. Compensation. § 41208. Establishment of a Community Rehabilitatio n Program. § 41209. Independent Living Services. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 6 § 41210. Employment of Individuals with Severe Disa bilities. § 41211. Misuse of Lists and Records. § 41201. Division. There is within the Department of Integrated Servic es for Individuals with Disabilities (DISID), a Division o f Vocational Rehabilitation (DVR) which shall, as a public servi ce, provide vocational rehabilitation services to eligible indi viduals with disabilities, and which shall be designated as the designated state unit to administer the state plan for vocational re habilitation services and for the blind.

services to eligible indi viduals with disabilities, and which shall be designated as the designated state unit to administer the state plan for vocational re habilitation services and for the blind. (a) (1) DVR may cooperate with other departments, agencies, and institutions, both public and private , in providing the services authorized by the Division t o individuals with disabilities in studying the probl ems involved therein, and in establishing, developing, and provi ding, in conformity with the purposes of the DVR such progra ms, facilities, and services as may be necessary or des irable. (2) Cooperation may include contracts and cost- sharing agreements, to the extent permitted by the Rehabilitation Act of 1973 (P.L. 93-112), as amende d, and the implementing Federal regulations. (3) Within the scope of the Federal Rehabilitation Act, through cooperative agreements with other publ ic agencies, DVR shall be consistent with their approv ed state plan. To provide these services, with the pro visions of Federal law, DVR and other agencies shall share facilities, utilize existing eligibility and assess ment information, participate in cross-training for agen cies participating

with the pro visions of Federal law, DVR and other agencies shall share facilities, utilize existing eligibility and assess ment information, participate in cross-training for agen cies participating in cooperative programs, and engage i n other cooperative activities to reduce duplication of services, and to provide a new enhanced pattern of vocational rehabilitation services for persons with disabilities. (b) DVR may cooperate with Department of Education and with the public post-secondary education system to provide instruction, individual counseling and guid ance, and COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 7 related rehabilitation services for eligible studen ts with disabilities. (c) DVR and the Department of Education will coordinate efforts in assisting vocational orientat ion of students with disabilities. (d) In performing any rehabilitative services or in contracting with other public or private agencies f or rehabilitative services, DVR shall take into consid eration the needs of non-English-speaking persons with disabili ties and shall provide language assistance consistent with t he approved state plan to those individuals participating in th e

o consid eration the needs of non-English-speaking persons with disabili ties and shall provide language assistance consistent with t he approved state plan to those individuals participating in th e Division's public or private rehabilitation programs. (e) To the extent funds are available, DVR also sha ll take into consideration the needs of persons with disabi lities who rely on alternate modes of communication; such as m anual communication, tactile, oral and nonverbal communic ation devices; and shall provide communication assistance to those individuals participating in DVR's programs consist ent with the approved state plan. (f) DVR shall conduct strategic planning which may include research and compilation of statistics, rel ating to the provision of services or the need of services by pe rsons with disabilities. (g) Financial need shall be considered in the furni shing or denial of services in accordance with the approved state plan. (h) Pursuant to Federal law, DVR may conduct an evaluation, when necessary, including, but not limi ted to, diagnostic and related services necessary to determ ine eligibility for vocational rehabilitation services and for choosing

may conduct an evaluation, when necessary, including, but not limi ted to, diagnostic and related services necessary to determ ine eligibility for vocational rehabilitation services and for choosing rehabilitation goals, objectives and servi ces. (i) Pursuant to Federal law, DVR shall establish a priority order to be followed in selecting individuals to wh om vocational rehabilitation services will be provided , consistent with the approved state plan. (j) License blind individuals to operate vending st ands, under its supervision and control, property of the government COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 8 of Guam and on Federal or other property, pursuant to the Randolph-Sheppard Act or any other Act of Congress relating to the subject; supervise the operation of vending stands and other small businesses established pursuant to this Chapter to be operated by persons with severe disabilities. § 41201.1 Public School Library Resources Fund. NOTE: Compiler believes this section number to be a manif est clerical error in P.L. 27-05:6. Moved by Compiler to 17 GCA § 4120.1 to fit harmoniously within the code. § 41202. Definitions.

ces Fund. NOTE: Compiler believes this section number to be a manif est clerical error in P.L. 27-05:6. Moved by Compiler to 17 GCA § 4120.1 to fit harmoniously within the code. § 41202. Definitions. For the purpose of this Article: (a) Council means the Rehabilitation Advisory Counc il (RAC) for Division of Vocational Rehabilitation (DV R). (b) Division means the Division of Vocational Rehabilitation (DVR). (c) Administrator means the Administrator of the Division of Vocational Rehabilitation (DVR), who sh all be an ex-officio non-voting member of the RAC. The Admini strator must have at least a bachelors degree in Special Ed ucation, Vocational Rehabilitative Counseling Services or re lated subject, and at least four (4) years of experience in vocational rehabilitation service or related service dealing w ith persons with disabilities of which two (2) years shall be administrative. The position shall be of the classi fied service of the government of Guam. The position Classificat ion Standard and Compensation shall be established by t he Director of Administration. (d) Individual with a Disability means any individu al who: (1) Has a physical or mental impairment which for this

n Standard and Compensation shall be established by t he Director of Administration. (d) Individual with a Disability means any individu al who: (1) Has a physical or mental impairment which for this individual constitutes or results in a substan tial impediment to employment, and can benefit in terms of an employment outcome through the provision of vocational rehabilitation services provided, pursua nt to Title I, III, VI, or VIII of the Vocational Rehabil itation Act of 1973, as amended. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 9 (2) Can benefit in terms of an employment outcome from vocational rehabilitation services provided pu rsuant to this Chapter. (e) Individual with a Severe Disability means an individual with a disability who has a severe physi cal or mental impairment, which seriously limits one or mo re functional capacities as defined by the Vocational Rehabilitation Act, as amended. (f) Vocational Rehabilitation Services means those services identified in this Article, to include ser vices identified in the approved state plan. All expenses for the pu rposes of these services will not be restricted or included u nder capital outlay.

ices identified in this Article, to include ser vices identified in the approved state plan. All expenses for the pu rposes of these services will not be restricted or included u nder capital outlay. (g) Supported Employment means competitive work in integrated work settings for individuals with the s evere disabilities for whom competitive employment has no t traditionally occurred; or for whom competitive emp loyment has been interrupted or intermittent as a result of a severe disability; and who, because of the nature and seve rity of their disability, need intensive supported employment ser vices for the period, and any extended services to include tr ansitional employment for persons who are individuals with the most severe disabilities due to mental illness. (h) Nonprofit when used with respect to a rehabilit ation facility means a rehabilitation facility which is o wned and operated by a corporation or association, no part o f the net earnings of which accrues or may lawfully accrue, t o the benefit of any private shareholder or individual, a nd the income of which is exempt from taxation under §501( c)(3) of the Internal Revenue Code of 1954.

hich accrues or may lawfully accrue, t o the benefit of any private shareholder or individual, a nd 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 voca tional 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 dat a, including the provision of goods and services durin g such assessment; to the extent additional data is necess ary, a COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 10 comprehensive assessment, including the administrat ion of the assessment, of the unique strengths, resources, pri orities, interests and needs, including the need for support ed employment, of an eligible individual to make a det ermination of the goals, objectives, nature and scope of vocat ional rehabilitation services to be included in the indiv idualized written rehabilitation program of the individual, w hich comprehensive assessment is limited to information that is necessary to identify the rehabilitation needs of

e included in the indiv idualized written rehabilitation program of the individual, w hich comprehensive assessment is limited to information that is necessary to identify the rehabilitation needs of t he individual to develop the rehabilitation program of the indivi dual; uses, as a primary source of such information, to the max imum extent possible and appropriate and in accordance w ith confidentiality requirements - existing information ; and such information as can be provided by the individual an d , where appropriate, by the family of the individual; may i nclude, to the degree needed to make such a determination, an assessment of the personality, interests, interpers onal skills, intelligence and related functional capacities, edu cational achievements, work experience, vocational aptitudes , personal and social adjustments and employment opportunities of the individual, and the medical, psychiatric, psycholog ical and other pertinent vocational, educational, cultural, social, recreational and environmental factors, that affect the employment and rehabilitation needs of the individu al and may include an appraisal of the patterns of work be havior of the individual and

al, recreational and environmental factors, that affect the employment and rehabilitation needs of the individu al and may include an appraisal of the patterns of work be havior of the individual and services needed for the individu al to acquire occupational skills, and to develop work at titudes, work for successful job performance, including the utilization of work in real job situations to assess and develo p the capacities of the individual to perform adequately in a work environment; and referral; the provision of vocatio nal rehabilitation services to an individual for a tota l period not in excess of eighteen (18) months for the limited purp ose of making determinations regarding whether an individu al is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation servi ces needed for such individual; and an assessment at least onc e every ninety (90) day period during which such services a re provided, of the results of the provision of such s ervices to an COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 11 individual to ascertain whether any of the determin ations described may be made.

the results of the provision of such s ervices to an COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 11 individual to ascertain whether any of the determin ations described may be made. (j) State means any one of the several states, terr itories or possessions of the United States. (k) Community Rehabilitation Program means a progra m that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabil ities, and that provides, singly or in combination, for an individu al with a disability to enable the individuals to maximize op portunities 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.

ic, 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 supporte d 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. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 12 (13) Extended employment for persons with severe disabilities who cannot be readily absorbed into th e competitive labor market. (14) Personal assistance services. (l) Vocational Rehabilitation Services when provide d 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 person nel, including, if appropriate, assessment by personnel skilled in rehabilitation technology; (2) counseling, guidance, and work-related placement services for individuals with disabilitie s, including job search

g, if appropriate, assessment by personnel skilled in rehabilitation technology; (2) counseling, guidance, and work-related placement services for individuals with disabilitie s, including job search assistance, placement assistan ce, job retention services, personal assistance services an d follow-up, follow-along, and specific post employme nt services necessary to assist such individuals to ma intain, 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 suc h 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 suc h 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

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 COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 13 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 de af, and reader services for those individuals determine d to be blind after an examination by qualified personnel u nder

t - ing in rehabilitation; (6) interpreter services for individuals who are de af, and reader services for those individuals determine d to be blind after an examination by qualified personnel u nder Guam licensure laws; (7) recruitment and training services for individua ls with disabilities to provide them with new employme nt opportunities in the fields of rehabilitation, heal th, welfare, public safety and law enforcement, and oth er appropriate service employment; (8) rehabilitation teaching services and orientatio n and mobility services for individuals who are blind ; (9) occupational licenses, tools, equipment and initial stocks and supplies; (10) transportation in connection with the renderin g of any vocational rehabilitation service; (11) telecommunication, sensory and other techno- logical aids and devices; (12) rehabilitation technology services; COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 14 (13) referral and other services designed to assist individuals with disabilities in securing needed se rvices from other agencies through agreements developed, i f such services are not available under the Rehabilit ation Act of 1973, as amended; (14)

ndividuals with disabilities in securing needed se rvices from other agencies through agreements developed, i f such services are not available under the Rehabilit ation Act of 1973, as amended; (14) transition services that promote or facilitate the accomplishment of long-term rehabilitation goals an d intermediate rehabilitation objectives; (15) on-the-job training or other related personal assistance services provided while an individual wi th a disability is receiving vocational rehabilitation s ervices; (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 improve d 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

nd 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 ot her 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 an y one individual with a disability. Such programs shall be used to provide services that promote integration and competitive employment; COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 15 (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 captione d films or video cassettes for individuals who are deaf; and (E) technical assistance and support

ities; (D) the use of services providing recorded material for individuals who are blind and captione d 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 un it, 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 Voca tional Rehabilitation Services, or the vocational rehabili tation 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, a s amended, the Division shall submit to the Commissio ner of Region IX, USDOE/Rehabilitation Services Administra tion a plan for vocational rehabilitation services for a t hree (3) year period, or shall submit the plan on such date, and at such regular intervals, as

IX, USDOE/Rehabilitation Services Administra tion a plan for vocational rehabilitation services for a t hree (3) year period, or shall submit the plan on such date, and at such regular intervals, as may be determined to be appro priate to coincide with the intervals at which the Division s ubmits state plans under other Federal laws, such as part B of t he Individuals with Disabilities Education Act (20 U.S .C. §1411 et seq .). (o) Individualized written rehabilitation program s hall do all of the following: COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 16 (1) Be designed to achieve the employment objective of the individual, consistent with the un ique strengths resources, priorities, concerns, abilitie s and capabilities of the individual, and to the maximum extent appropriate, to include placement in integrated set tings. (2) Be jointly developed and agreed upon by the eligible individual, or when appropriate, the indiv idual's parent, family member, guardian, advocate or author ized representative, and DVR. In developing the program, DVR shall inform the individual about and involve t he individual in choosing among alternative goals, objectives, available

dvocate or author ized representative, and DVR. In developing the program, DVR shall inform the individual about and involve t he 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 provid ed, 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 consis tent 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 devi ce; including: (1) the evaluation of the needs of an individual wi th a disability, including a functional evaluation of the individual in his or her customary environment or w ork place; (2) purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an

unctional evaluation of the individual in his or her customary environment or w ork place; (2) purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device; COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 17 (3) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or repl acing assistive technology devices; (4) coordinating and using other therapies, interve n- tions, or services with assistive technology device s, such as those associated with existing education and rehabilitation plans and programs; (5) training or technical assistance for an individ ual with a disability or, if appropriate, the family me mbers, guardians, advocates, or authorized representatives of the individual; and (6) training or technical assistance for profession als (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 techni cal assistance is necessary to the achievement of an

mploy, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or techni cal assistance is necessary to the achievement of an employment outcome by an individual with a disabili ty. (q) Comparable Services and Benefits means services and benefits that are: (1) provided or paid for, in whole or in part, by o ther Federal or Local public agencies, by health insuran ce, or by employee benefits; (2) available to the individual within a reasonable period of time; and (3) commensurate to the services that the individua l would otherwise receive from the Division. (r) Competitive Employment means work: (1) in the competitive labor market that is perform ed 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 COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 18 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

L REHABILITATION 18 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; support ed employment; or any other type of employment that is consistent with an individual's strengths, resource s, priorities, concerns, abilities, capabilities, interests and in formed choice. (t) Extended Employment means work in a non- integrated or sheltered setting for a public or pri vate nonprofit agency or organization that provides compensation i n accordance with the Fair Labor Standards Act, and a ny needed support services to a person with a disability to e nable the individual to continue to train or otherwise prepar e for competitive employment, unless the individual throu gh informed chooses to remain in extended employment. (u) Integrated Setting with respect to the provisio n of services or an employment outcome, means a setting typically found in the community in which applicants or eligi ble individuals have the opportunity to interact on a r egular basis with non-disabled

services or an employment outcome, means a setting typically found in the community in which applicants or eligi ble individuals have the opportunity to interact on a r egular basis with non-disabled individuals other than non-disabl ed individuals who are providing services to those app licants or eligible individuals. (v) Maintenance means monetary support provided to an eligible individual or an individual receiving exte nded 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 necessitate d by the individual's participation in a program of vocation al rehabilitation services. (w) Personal Assistance Services means a range of services provided by one or more persons designed t o assist an individual with a disability to perform daily livin g activities on or off the job that the individual would typical ly perform without assistance if the individual did not have a disability. The services must be necessary to the achievement o f an COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 19 employment outcome and may be provided only while t he individual is

ability. The services must be necessary to the achievement o f an COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 19 employment outcome and may be provided only while t he individual is receiving other vocational rehabilita tion services. The services may include training in managing, supe rvising 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 m odify substantially a stable or slowly progressive physic al or mental impairment that constitutes a substantial impedimen t to employment. (y) Transitional Employment as used in the definiti on supported employment, means a series of temporary j ob placements in competitive work in integrated settin gs with ongoing support services for individuals with the m ost severe disabilities due to mental illness. In transitional employment, the provision of ongoing support services must incl ude continuing sequential job placements until job perm anency is achieved. COMMENT : Effective January 1, 2006, reference to the 'Civi l Service Commission,' amended to 'Director of

rvices must incl ude continuing sequential job placements until job perm anency is achieved. COMMENT : Effective January 1, 2006, reference to the 'Civi l 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 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 41203. Administration. (a) All executive and administrative functions of D VR are vested in the Administrator, who is the ex-officio non-voting member of the RAC. The Administrator's salary and b enefits shall be established in accordance with 4 GCA government of Guam Unified Pay Schedule. (b) The authority and responsibility of the Adminis trator shall include the following: (1) to see that all rules and regulations of DVR ar e enforced; (2) to attend all scheduled meetings of RAC and sub mit a quarterly written report on the affairs of the Divi sion with data and in a format requested by the Council of the aff airs, needs COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 20 and immediate problems of DVR on the issues request ed by RAC as defined the Vocational

equested by the Council of the aff airs, needs COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 20 and immediate problems of DVR on the issues request ed by RAC as defined the Vocational Rehabilitation Act; (3) to keep the RAC informed of the needs of the Division; (4) to devote his or her entire time to the busines s of the DVR; (5) to plan, organize, coordinate and control the s ervices of such employees as to achieve the goals of DVR; (6) will address the current and projected vocation al rehabilitation services personnel training needs fo r DVR; (7) provide for the coordination and facilitation o f efforts between DVR and institutions of higher education an d professional associations to recruit, prepare and r etain qualified personnel, including personnel from minor ity backgrounds, and personnel who are individuals with disabilities; (8) responsible for the implementation of agreement s with the operators of community rehabilitation prog rams for the provision of services for the rehabilitation of individuals with disabilities; (9) provide that special consideration will be give n to the rehabilitation under the Rehabilitation Act of 1973 , as amended, of a

f services for the rehabilitation of individuals with disabilities; (9) provide that special consideration will be give n to the rehabilitation under the Rehabilitation Act of 1973 , as amended, of a person with a disability whose disabi lity was sustained in the line of duty while such individual was performing as a public safety officer, if the proxi mate cause of such disability was a criminal act or hazardous con dition resulting directly from the officer's performance o f duties in direct connection with the enforcement, execution a nd administration of law or fire prevention, fire figh ting or related public safety activities if there is an approved or der of selection plan; (10) provide outreach procedures to identify and se rve persons with disabilities who are minorities and pe rsons with disabilities, who have been unserved or underserved by the vocational rehabilitation system; COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 21 (11) provide services designed to promote supported employment, independent living and community partic ipation; (12) provide that DVR has the authority to enter in to contracts with profitmaking organizations for the p urpose or

to promote supported employment, independent living and community partic ipation; (12) provide that DVR has the authority to enter in to contracts with profitmaking organizations for the p urpose or providing on-the-job training and related programs for persons with disabilities under Part B of Title VI of the R ehabilitation Act of 1973, as amended, upon a determination by th e Division that such profit making organizations are better qualified to provide such rehabilitation services t han nonprofit agencies and organizations; (13) develop and implement a strategic plan for expanding and improving vocational rehabilitation s ervices for persons with disabilities; (14) seek and seriously consider on a regular and o ngoing basis advice from the RAC regarding the development and implementation of the state plan and the strategic plan and amendments to the plans, and other policies and pro cedures of general applicability pertaining to the provision o f vocational rehabilitation services in Guam. Copies of the afor ementioned items must be submitted to RAC two (2) months prior to submission to the Guam State Clearinghouse, Federal agency(ies) or the public; (15) cooperate with the

es in Guam. Copies of the afor ementioned items must be submitted to RAC two (2) months prior to submission to the Guam State Clearinghouse, Federal agency(ies) or the public; (15) cooperate with the Federal government in carry ing out the purpose of any Federal statute pertaining t o vocational rehabilitation; (16) adopt the Rehabilitation Act of 1973, as amend ed in 1992, and any future amendments thereof, in adminis tering vocational rehabilitation services. § 41204. Rehabilitation Advisory Council (RAC) for Division of Vocational Rehabilitation (DVR). (a) Pursuant to Federal law, there is a Rehabilitat ion Advisory Council (RAC), that shall advise and assist the Adm inistrator after soliciting recommendations from representatives of organizations representing a broad range of individuals with disa bilities and organizations interested in individuals with disabi lities in carrying out the vocational rehabilitation provisions of DVR . COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 22 (b) Composition. The Administrator will submit nomi nations for membership of RAC for approval by the Governor and shall be composed of the representatives specified in the Vo

IONAL REHABILITATION 22 (b) Composition. The Administrator will submit nomi nations for membership of RAC for approval by the Governor and shall be composed of the representatives specified in the Vo cational Rehabilitation Act, as amended. The members shall i nclude: (1) At least one (1) representative of the Statewid e Council on Independent Living which representative may be the Chairperson; (2) At least one (1) representative of a parent tra ining and information center; (3) At least one (1) representative of the Client Assistance Program; (4) At least one (1) vocational rehabilitation coun selor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex-o fficio, nonvoting member if employed by the Division of Voc ational Rehabilitation (DVR); (5) At least one (1) representative of community rehabilitation program service providers; (6) At least four (4) representatives of business, industry, and labor; (7) Representatives of disability advocacy groups representing a cross section of individuals with ph ysical, cognitive, sensory and mental disabilities, and par ents, family members, guardians, advocates or authorized represe ntatives

vocacy groups representing a cross section of individuals with ph ysical, cognitive, sensory and mental disabilities, and par ents, family members, guardians, advocates or authorized represe ntatives of individuals with disabilities who have difficult y in representing themselves or are unable due to their disabilities to represent themselves; (8) Current or former applicants for, or recipients of, vocational rehabilitation services; and (9) The Administrator of DVR, who shall be an ex- officio non-voting member. (c) A majority of the council members shall be pers ons who have disabilities and are not employed by DVR. The RAC members shall elect a chairperson from the membersh ip. Each member of the RAC shall serve a three-year term, bu t may not COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 23 serve more than two (2) consecutive full terms. Ter ms shall be staggered. § 41205. Rehabilitation Advisory Council (RAC) Func tion. The RAC shall provide technical assistance and advi se DVR on eligibility, order of selection, services provid ed, performance of DVR and other public and private entities.

y Council (RAC) Func tion. The RAC shall provide technical assistance and advi se DVR on eligibility, order of selection, services provid ed, performance of DVR and other public and private entities. The RAC shall prepare and submit an annual report by November 30 for the previous fiscal year to the Governor of Guam on the status of the v ocational rehabilitation programs within Guam and make the re port available to the public. § 41206. Meetings. (a) The RAC shall convene at least four (4) meeting s a year to conduct RAC business that are publicly announced, o pen and accessible to the public, including individuals wit h disabilities; and (b) Conduct forums or hearings, as appropriate, tha t are publicly announced, open and accessible to the publ ic, including individuals with disabilities. § 41207. Compensation. Federal funds appropriated under Title I of the Reh abilitation Act, as amended, except funds to carry out Sections 112 and 130 of the Act, may be used to compensate and reimburse th e expenses of the RAC members in accordance with Section 105(g) o f the Rehabilitation Act, as amended.

funds to carry out Sections 112 and 130 of the Act, may be used to compensate and reimburse th e expenses of the RAC members in accordance with Section 105(g) o f the Rehabilitation Act, as amended. The RAC shall serve with compensation and shall be reimbursed for reasonable expenses, including travel expenses, necessary for the perfor mance of their duties. § 41208. Establishment of a Community Rehabilitatio n Program. The establishment of a community rehabilitation pro gram means the acquisition, expansion, remodeling or alt eration of existing buildings necessary to adapt them to commu nity rehabilitation program purposes or to increase thei r effectiveness for such purposes, subject, however, to such limita tions as the Federal government, or the Administrator, may, by r egulation, prescribe in order to prevent impairment of the obj ectives of, or COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 24 duplication of, other laws providing assistance in the construction of such facilities for community rehabilitation pro grams and may include additional equipment and staffing permitted by Federal law or regulation.

other laws providing assistance in the construction of such facilities for community rehabilitation pro grams and may include additional equipment and staffing permitted by Federal law or regulation. (a) It is the purpose of this Chapter to extend the opportunities for eligible individuals with disabil ities for employment through encouragement of local communiti es to develop rehabilitation programs and to provide Guam with information concerning their effectiveness in provi ding employment and rehabilitation services to individua ls with disabilities. (b) DVR may provide consultative services to organizations in the establishment and operation of community rehabilitation programs for individuals w ith disabilities. These consultative service shall incl ude the bringing together of persons interested in the esta blished community rehabilitation programs, surveying commun ity needs, securing the cooperation of other community agencies, planning methods of financing, securing work contra cts, establishing professional standards and maintaining of appropriate records. (c) DVR may contract with qualified persons or firm s for consultation in such technical fields as accounting ,

contra cts, establishing professional standards and maintaining of appropriate records. (c) DVR may contract with qualified persons or firm s for consultation in such technical fields as accounting , engineering and sales so that the directors and gov erning bodies of the community rehabilitation programs may be advised as to the desirability of any undertaking, and the best methods of achieving their objectives. (d) It is the intent of DVR to encourage the local government agencies and departments to purchase pro ducts manufactured by and services provided by public or private nonprofit Guam corporations operating workshops ser ving persons with disabilities whenever it is feasible t o do so, and the proximity of the public or private nonprofit Gu am corporations operating workshops serving individual s with disabilities makes the purchases reasonably conveni ent, and to provide equality of competitive advantage for organ izations operating workshops for persons with disabilities a nd COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 25 organizations operating workshops for individuals w ho are blind.

rgan izations operating workshops for persons with disabilities a nd COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 25 organizations operating workshops for individuals w ho are blind. (e) Only local government agencies or departments m ay, without advertising or calling for bids, purchase m aterials and supplies manufactured and services provided by publ ic or private nonprofit Guam corporations operating commu nity rehabilitation programs serving persons with disabi lities who have indicated an interest in supplying those goods and services and may, on an equitable basis apportion t he business among the interested community rehabilitation progr ams, provided the goods or services meet the specificati ons and needs of the purchasing agency or department and ar e purchased at a fair market price, as determined by General Services Agency and provided that the public or pri vate nonprofit Guam corporations comply with all of the following requirements: (1) Contract work obtained under this Section shall be performed by a labor force which is comprised primarily of persons with disabilities, as measured by the percentage of person-hours of direct labor devoted to the

obtained under this Section shall be performed by a labor force which is comprised primarily of persons with disabilities, as measured by the percentage of person-hours of direct labor devoted to the contract work. (2) For purposes of this Paragraph, primarily means seventy-five percent (75%) or greater. (3) Agree to make those elections permitted of any nonprofit corporation under the Federal Insurance Contributions Act and the Guam Unemployment Insurance Code in order to provide social security and unemployment and disability benefits for its employ ees commencing with its first contract or purchase orde r under this Section and continuing thereafter. In th e event that the nonprofit corporation ceases to provide th ose benefits, any existing contract or purchase order u nder this Section with the corporation is terminated, an d no further contracts or purchase orders shall be award ed to that corporation for the period of two (2) years af ter the corporation ceases to provide benefits. For the pur pose of this Subdivision, a person with a disability shall be COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 26 considered an employee when performing productive work.

its. For the pur pose of this Subdivision, a person with a disability shall be COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 26 considered an employee when performing productive work. (4) Provide in its articles of incorporation that a t least two (2) of the directors of its board of dire ctors shall be comprised of persons with disabilities or the pa rents, guardians or conservators of persons with disabilit ies. Directors who are also employees of the nonprofit corporation shall not participate in, or be present at discussions of, the board of directors concerned wi th labor-management contract negotiations. (5) Provide for employees with disabilities of the nonprofit corporation benefits and other employer- employee agreements substantially equal to those benefits and agreements entered into between each nonprofit corporation and the representatives desig nated by a majority of the employees. (6) Not commit any unfair labor practices as define d in Section 8(a) of the National Labor Relations Act . (7) Abide by the provisions of the Federal Fair Labor Standards Act, the Walsh-Healy Public Contrac t Act, the Wagner O Day Act, and the regulations of t he

8(a) of the National Labor Relations Act . (7) Abide by the provisions of the Federal Fair Labor Standards Act, the Walsh-Healy Public Contrac t Act, the Wagner O Day Act, and the regulations of t he government of Guam Department of Labor. § 41209. Independent Living Services. (a) DVR may establish and enter into contracts not to exceed three (3) years per contractual period, a nonprofit corporation qualified to provide independent living services. I n the event that no nonprofit corporations exist or there are no bid requests from a nonprofit corporation, the contract may be opened t o the general public. (b) DVR shall implement the Independent Living Serv ices consistent with the approved Independent Living Sta te Plan. § 41210. Employment of Individuals with Severe Disa bilities. (a) Departments and agencies of the government of G uam shall adopt departmental rules and regulations for the hiring of COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 27 individuals with severe disabilities. Such rules sh all include the granting of preference credits allowed under 4 GCA § 4104. (1) Eligibility Procedures.

DUCATION CH. 41 VOCATIONAL REHABILITATION 27 individuals with severe disabilities. Such rules sh all include the granting of preference credits allowed under 4 GCA § 4104. (1) Eligibility Procedures. An individual with seve re disability as defined in the Rehabilitation Act to mean an individual with severe physical or mental impairmen t whose ability to function independently in the family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve the abilit y to function, continue functioning, or move towards fun ctioning independently in the family or community or to cont inue in employment, respectively. He/she is considered to m eet the two percent (2%) employment program eligibility cri teria when an appropriate certification is received from a counselor from the Division of Vocational Rehabilitation (‘DV R’). This certification will be based on knowledge of the job site by the counselor and will relate to a specific position. T he certification must state that in the counselor’s ju dgment the proposed applicant for the position has the ability to perform the duties

by the counselor and will relate to a specific position. T he certification must state that in the counselor’s ju dgment the proposed applicant for the position has the ability to perform the duties of the position with or without assistiv e technology devices and is capable to perform the work without possible injury to himself/herself or to others. (2) The Certification must be supported by a report of a medical examination that fully reflects the nature and extent of the disability and a narrative statement from a Gua m-licensed medical provider that documents: (A) ability of the proposed applicant to do the job , based on the recommended need for a job coach; (B) recommendations of job modifications, if needed; (C) recommendations for work-site modifications, if needed; (D) limitations of the proposed applicant which would affect work in the job situation (modified wo rk schedules, flexible leave policies, acquisition or modification of equipment and/or devices); COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 28 (E) other information concerning the proposed applicant which would be helpful in assuring a succ essful placement.

t and/or devices); COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 28 (E) other information concerning the proposed applicant which would be helpful in assuring a succ essful placement. (b) Government of Guam departments and/or agencies shall employ at least two percent (2%) of the workforce w ith severe disabilities, meeting the criteria as defined by lo cal or Federal agencies and certified by a counselor from the Divi sion of Vocational Rehabilitation ('DVR'). Government of G uam departments and/or agencies may meet such requireme nt through direct employment, or by contract with non-profit o rganizations employing individuals with disabilities. Non-profit organizations contracted under this Prov ision shall be required to have the contracted services perform ed by individuals with disabilities who meet the criteria contained herein. Such employment shall be on a temporary, limited-t erm employment not to exceed six (6) months. The immed iate supervisor shall complete an evaluation of the indi vidual's performance, and if the immediate supervisor, with the concurrence of the appointing authority, determines that the in dividual has performed satisfactorily either

an evaluation of the indi vidual's performance, and if the immediate supervisor, with the concurrence of the appointing authority, determines that the in dividual has performed satisfactorily either prior to or after t he expiration of the six (6) month period, the position occupied by the individual shall be converted to permanent employment. If the evaluation recommends that the individual ma y require an extension of the employment program, the immedia te supervisor and the counselor at DVR shall develop a revised In dividual Work Rehabilitation Plan ('IWRP') to assure successful p lacement not to exceed an additional six (6) months, which may incl ude consideration of a department or agency acquisition , or modification of assistive technology devices or ser vices, or placement to other positions in another agency/depa rtment within the government of Guam. DVR shall provide a work c oach to assist the department and/or agency when necessary. DVR shall be responsible to monitor compliance by the department s and/or agencies. (c) Government of Guam departments and/or agencies shall consult with the Administrator of the Division of V ocational Rehabilitation to advise them of

compliance by the department s and/or agencies. (c) Government of Guam departments and/or agencies shall consult with the Administrator of the Division of V ocational Rehabilitation to advise them of which individuals with severe disabilities meet the eligibility criteria. The Di vision of Vocational COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 29 Rehabilitation shall maintain a listing of those in dividuals and their capabilities for reference by the department and/or agency. For the government of Guam departments and/or agencies who meet the requirement by contract with non-profit organizatio ns, the Division of Vocational Rehabilitation must first certify tha t such non-profit organizations employing individuals with disabiliti es meet the eligibility criteria herein. (d) Government of Guam departments and/or agencies cannot use standards, criteria or other methods of adminis tration have the effect of discrimination on the basis of disability , may not use employment tests or other selection criteria that t end to screen out individuals with disabilities unless the test is re lated to the job and consistent with government needs, must select and a dminister

yment tests or other selection criteria that t end to screen out individuals with disabilities unless the test is re lated to the job and consistent with government needs, must select and a dminister employment to individuals with severe disabilities so that they accurately reflect the skills, aptitude and other f eatures they purport to measure. (e) Government of Guam departments and/or agencies should provide reasonable accommodations to an individual with severe disabilities: (1) making existing facilities used by employees re adily accessible to persons with disabilities; and (2) job restructuring; flexible work schedules; acq uisition or modifications of equipment or devices; modificat ion of examinations; training materials or policies; and s imilar accommodations for individuals with severe disabili ties. (f) Provisions of this Section shall only apply to all new applicants certified under the two percent (2%) emp loyment program and those individuals presently participati ng in of the seven hundred (700) hour program upon enactment of this Act. SOURCE : Subsections (a)(i), (b) and (f) amended by P.L. 24-252. Subsections (b) and (c) amended by P.L. 26-109:2 a nd 3.

ati ng in of the seven hundred (700) hour program upon enactment of this Act. SOURCE : Subsections (a)(i), (b) and (f) amended by P.L. 24-252. Subsections (b) and (c) amended by P.L. 26-109:2 a nd 3. NOTE : P.L. 25-109 added the following sections (uncodi fied) relative to staffing and funding the positions referred to in t he amendments to this section: 'Section 4. The implementation of this provision sh all not be affected by current and future contract hiring rest rictions of the government of Guam and its departments and/or agenc ies. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 30 Section 5. Funding. (a) Government of Guam departme nts and/or agencies shall reserve enough funding from t heir budget in order to fund the requirement set forth under ' 41210(b) of Title 17 of the Guam Code Annotated. (b) If government of Guam departments and/or agencies are unable to employ the requirement pursu ant to ' 41210(b) of Title 17 of the Guam Code Annotated, du e to the lack of individuals with disabilities who are able to work, the reserved fund shall be utilized for the purchases o f supplies produced by non-profit organizations employing indi viduals with

to the lack of individuals with disabilities who are able to work, the reserved fund shall be utilized for the purchases o f supplies produced by non-profit organizations employing indi viduals with disabilities and/or products manufactured by i ndividuals with disabilities.' NOTE: Pursuant the authority granted by 1 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 41211. Misuse of Lists and Records. It shall be unlawful, except for purposes directly connected with the administration of the Vocational Rehabilit ation Program, and in accordance with applicable rules and regulat ions, for any person to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in or acquiesce in, t he use of any name of or any information concerning a person appl ying for or receiving vocational rehabilitation directly or ind irectly derived from the records, papers, files or communications o f the Council or Division thereof acquired in the course of performa nce of official duties. Any violation of this Section shall be a mi sdemeanor.

from the records, papers, files or communications o f the Council or Division thereof acquired in the course of performa nce of official duties. Any violation of this Section shall be a mi sdemeanor. ----------- ARTICLE 3 DIVISION OF SUPPORT SERVICES FOR INDIVIDUAL WITH DISABILITIES (DSSID) SOURCE : This Article was added by P.L. 24-16:2. § 41301. Division. § 41302. Definitions. § 41303. Administration. § 41304. Community Services for Persons with Disabi lities System. § 41305. Application and Assessment for Services; Individualized Service Plans. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 31 § 41306. Provision of Services. § 41307. Duties of DSSID. § 41308. Establishment of Division of Support for I ndividual with Disabilities Council (DSSIDC). § 41309. Composition of the Division of Support Ser vices for Individuals with Disabilities Council (DSSIDC). § 41310. Powers of the Division of Support Services for Individuals with Disabilities Council (DSSIDC). § 41301. Division. There is a division within the 'The Department of I ntegrated Services for Individuals with Disabilities (DISID), ' entitled 'Division of Support Services for Individuals with Disabilities

Division. There is a division within the 'The Department of I ntegrated Services for Individuals with Disabilities (DISID), ' entitled 'Division of Support Services for Individuals with Disabilities (DSSID),' and shall be responsible for the developm ent of a community service delivery system which includes de sign, implement, administer, coordinate, monitor and eval uate the programs and services of the division for persons w ith disabilities. DSSID shall not duplicate services already availabl e in the community through local and Federal funding or nonp rofit organizations. § 41302. Definitions. (a) Active Services means provision of services as specified in an individualized service plan. These services may include, but not limited to, activities, experiences and therapy whi ch are part of a professionally developed and supervised program of health, social, habilitative and developmental services. (b) Case Management means services to persons with disabilities that assist in gaining access to need social, medical , legal, educational and other services, and includes : (1) Follow along services which assure, through a continuing relationship between an agency or provid er and a

g access to need social, medical , legal, educational and other services, and includes : (1) Follow along services which assure, through a continuing relationship between an agency or provid er and a person with a disability and the individual's paren t, if the individual is a minor, or guardian, if a guardian h as been appointed for the purpose, that the changing needs of the individual and the family are recognized and approp riately met. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 32 (2) Coordinating and monitoring services provided t o persons with disabilities by two (2) or more person s, organizations or agencies that are qualified or eli gible under other case management programs. (3) Providing information to persons with disabilit ies about availability of services and assisting the pe rsons in obtaining the services. (c) Division means the Division of Support Services for Individuals with Disabilities (DSSID). (d) Individual with a Disability means any individu al who: (1) Has a physical or mental impairment (A) that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded

du al who: (1) Has a physical or mental impairment (A) that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (e) Administrator means the Administrator of Divisi on of Support Services for Individuals with Disabilities (DSSID) who shall be an ex-officio, non-voting member of the Di vision of Support Services for Individuals with Disabilities Council (DSSID). The Administrator must have at least a bac helors degree in Special Education or Social Work or related subj ects and at least four (4) years of experience in community services dealing with persons with disabilities, of which two (2) years s hall be administrative. The position shall be of the classi fied service of the government of Guam. The position Classification Sta ndard and Compensation shall be established by the Director o f Administration. (f) Habilitation means the process by which the sta ff of an agency assists an individual to cope more effective ly with the demands of his or her own person and environment an d to raise the level of his or her physical, mental and social fun ctioning.

of an agency assists an individual to cope more effective ly with the demands of his or her own person and environment an d to raise the level of his or her physical, mental and social fun ctioning. Habilitation includes, but is not limited to, progr ams of formal structured education and treatment. (g) Individualized service plan means the written p lan for required in Section 41305. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 33 (h) Individually appropriate means responsive to th e needs of the individual, as determined through interdiscipli nary assessment and provided pursuant to an individualized service plan. (i) Interdisciplinary team means a group of persons that is drawn from o represents those professions, discipli nes or service areas that are relevant to identifying an individua l's needs and designing a program to meet them, and is responsibl e for evaluating the individual's needs, developing an individual pr ogram plan to meet them, periodically reviewing the individual's response to the plan, and revising the plan accordingly. A complete team includes the individual receiving the service, unless clearl y unable to participate; the individual's

iewing the individual's response to the plan, and revising the plan accordingly. A complete team includes the individual receiving the service, unless clearl y unable to participate; the individual's family, unless their participation has been determined to be inappropriate; those persons who work most directly with the individual each of the profession s, disciplines or service areas that provide service to the individua l, including direct-care or direct-contact staff; and any other persons whose participation is relevant to identifying the needs of the individual and devising ways to meet them. (j) Least restrictive means the least intrusive and least disruptive intervention into the life of an individ ual with a disability that represents the least departure from normal patterns of living that can be effective in meeting the person' s developmental needs. (k) Inclusive environment means that environment th at represents the least departure from normal patterns of living that can be effective in meeting the individual's needs. (l) Monitor means to conduct a systematic, coordina ted, objective, qualitative review of services provided by any person, agency or organization.

can be effective in meeting the individual's needs. (l) Monitor means to conduct a systematic, coordina ted, objective, qualitative review of services provided by any person, agency or organization. (m) Representative means any individual who can adv ise and advocate for an individual with disabilities, who s hall serve at the request and pleasure of such person; provided, that if the person with disabilities is a minor or is legally incapaci tated. (n) Residence or residential means the living space occupied by the individual with a disability, including sing le-person homes, natural family homes, care homes, group homes, fost er homes, institutional facilities and all other types of liv ing arrangements. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 34 (o) Services means appropriate assistance provided to an individual with a disability, individually appropri ate environment to provide for basic living arrangements and contin uing development of independence or interdependent livin g skills of the person. These services include, but are not restric ted to: case management, medical, education, assistive technolog y, advocacy, residential, developmental and

r interdependent livin g skills of the person. These services include, but are not restric ted to: case management, medical, education, assistive technolog y, advocacy, residential, developmental and vocational support; training; active services; day treatment; day activity; respite care ; domestic assistance; attendant care; rehabilitation; speech, physical occupational and recreational therapy; recreational opportunities; counseling, including counseling to the person's fa mily, guardian or other appropriate representative; development of la nguage and communications skills; interpretation; transportati on and equipment, and other related services. (p) Respite Care means in-home or out-of-home tempo rary, non-medical support for families with individuals w ith disabilities, SOURCE : Added by P.L. 24-016:2. Amended by P.L. 28-068:IV :42 and 47 (Sept. 30, 2005), effective January 1, 2006; refere nce to Civil Service Commission changed to Director of Administration. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters in subsection (d)(1) were altered to adhere to the Compiler’s alpha-numeric scheme. § 41303. Administration.

ion. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters in subsection (d)(1) were altered to adhere to the Compiler’s alpha-numeric scheme. § 41303. Administration. (a) All executive and administrative functions of D SSID are vested in the Administrator, who is the ex-officio non-voting member of the DSSIDC. The Administrator's salary an d benefits shall be established in accordance with 4 GCA Gover nment of Guam Unified Pay Schedule. (b) The authority and responsibility of the Adminis trator shall include the following: (1) to see that all rules and regulations of DSSID are enforced; (2) to attend all scheduled meetings of the DSSIDC and submit a general report of the affairs of DSSID; (3) to keep the DSSIDC advised of the needs of the DSSID; COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 35 (4) to devote his or her entire time to the busines s of the DSSID; (5) to plan, organize, coordinate and control the s ervices of such employees as to achieve the goals of the DS SID; (6) will address the current and projected personne l training needs for the DSSID; (7) provide for the coordination and facilitation o f efforts between DCSID

as to achieve the goals of the DS SID; (6) will address the current and projected personne l training needs for the DSSID; (7) provide for the coordination and facilitation o f efforts between DCSID and institutions of higher education and professional associations to recruit, prepare and r etain qualified personnel, including personnel from minor ity backgrounds, and personnel who are individuals with disabilities; (8) provide (as appropriate) for entering into agre ements with the operators of community habilitation progra ms for the provision of services for the habilitation of indiv iduals with disabilities; (9) provide outreach procedures to identify and ser ve persons with disabilities who are minorities and pe rsons with disabilities who have been unserved or underserved; (10) develop and implement a strategic plan for expanding and improving community services for pers ons with disabilities; and (11) seek and seriously consider on a regular and o ngoing basis advice from the DSSIDC regarding the goals an d strategic plans developed for the Division; § 41304. Community Services for Persons with Disabi lities System.

consider on a regular and o ngoing basis advice from the DSSIDC regarding the goals an d strategic plans developed for the Division; § 41304. Community Services for Persons with Disabi lities System. (a) DSSID shall develop and administer a comprehens ive system of programs and services for individuals wit h disabilities within the limits of local and Federal resources al located or available for purposes of this Chapter. DSSIDC resp onsibility for individuals with disabilities shall be under one ad ministrative unit for the purpose of coordination, monitoring, evalua tion and delivery of services. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 36 (b) DSSID shall ensure the provision of an array of appropriate services and care to individuals with d isabilities through the utilization of existing resources withi n the community, through coordination with programs and services pro vided under other Federal and local programs and through specif ic funding when no other resources are available. DSSID shall not supplant or duplicate services provided by other Federal or loc al programs.

nder other Federal and local programs and through specif ic funding when no other resources are available. DSSID shall not supplant or duplicate services provided by other Federal or loc al programs. (c) Programs of DSSID may include, but not limited to,: (1) referral for evaluation of persons with disabil ities; (2) development, planning and implementation in coordination with other Federal or local agencies o f service programs for persons with disabilities; (3) development and provision of service programs i n the public or private sectors for persons with disabili ties; (4) establishment of a continuum of comprehensive services and residential alternatives in the commun ity so as to allow individuals with disabilities to live in the least restrictive, individually appropriate environment; (5) development and implementation of a program for single entry access by individuals with disabilitie s for services provided in the private sector or other Federal or local programs, including case management and development of an individualized service plan by an interdisciplinary team; (6) Collaborative and cooperative services with pub lic health and other groups for programs of

cluding case management and development of an individualized service plan by an interdisciplinary team; (6) Collaborative and cooperative services with pub lic health and other groups for programs of prevention of disabilities; (7) Informational and educational services to the g eneral public and to lay and professional groups; (8) Consultative services to the judicial branch of government, to educational institutions and to heal th and welfare agencies whether such agencies are public o r private; (9) Provision of community residential alternatives for persons with disabilities, including group homes; a nd COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 37 (10) Provision of other programs, services or facil ities necessary to provide a continuum of care for person s with disabilities. § 41305. Application and Assessment for Services; I ndividual- ized Service Plans. (a) DSSID shall develop and administer an applicati on and assessment system for persons with disabilities. If DSSID determines that the person is eligible for services under this Chapter within the limits of Federal or local resou rces available for the purposes of this Chapter, an individualized ser

ies. If DSSID determines that the person is eligible for services under this Chapter within the limits of Federal or local resou rces available for the purposes of this Chapter, an individualized ser vice plan for the person shall be prepared within thirty (30) days by an interdisciplinary team for the person and DCSID may provide case management services to the person. DSSID will provi de for an annual review and update of plan. (b) The procedure for assessment of the person and elements of the individualized service plan shall be as desc ribed in policies and procedures adopted by DSSID. The individualized service plan shall be in writing and shall include, at a minimum , the nature of the needs of the person, goals and specific service s to be offered to the person to attain these goals. § 41306. Provision of Services. Based upon the individualized service plan, DSSID s hall, as may be required, refer the person to services provi ded by DSSID under this Chapter to services provided under other Federal or local laws, or to services provided by appropriately lice nsed private agencies. § 41307. Duties of DSSID.

o services provi ded by DSSID under this Chapter to services provided under other Federal or local laws, or to services provided by appropriately lice nsed private agencies. § 41307. Duties of DSSID. The Division of Support Services for Individuals wi th Disabilities (DSSID) with approval by the Director of 'The Department of Integrated Services for Individuals w ith Disabilities' (DISID), and recommended by the Division of Support Services for Individuals with Disabilities Council (DSSIDC), sha ll develop policies and procedures which shall include, but no t limited to: (a) Establishment of eligibility requirements for participation in services provided under this Chapt er. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 38 (b) Establishment of standards of transfer from one facility to another. (c) Provision for the involvement of the individual and where appropriate, the parents, guardian, or other representatives of the individual in the determinat ion of eligibility under this Chapter, the preparation of the individual's individualized service plan and the se lection or rejection of services under this Chapter.

the individual in the determinat ion of eligibility under this Chapter, the preparation of the individual's individualized service plan and the se lection or rejection of services under this Chapter. (d) Protection and enhancement of the rights of individuals receiving or applying for services unde r this Chapter, including the right to privacy and confide ntiality. (e) Develop a case management program in coordinati ng and monitoring services to individuals with disabil ities and follow-up services which assure, through a continui ng relationship between an agency or provider that the changing needs of the individual and the family are recogniz ed and appropriately met. (f) Implement procedures to provide contract management, which shall include quality assurance. (g) Other provisions required or appropriate to imp lement the purposes of this Chapter. § 41308. Establishment of Division of Support Servi ces for Individuals with Disabilities Council (DSSIDC). (a) There is established an advisory council entitl ed 'Division of Support Services for Individuals with Disabiliti es Council' (DSSIDC) to be composed of fifteen (15) members to be appointed by the Governor.

is established an advisory council entitl ed 'Division of Support Services for Individuals with Disabiliti es Council' (DSSIDC) to be composed of fifteen (15) members to be appointed by the Governor. Eight (8) members shall be appoint ed for two (2) year terms, and seven (7) members shall be appointe d for four (4) years. No member shall serve more than two (2) cons ecutive terms. All members shall serve, in addition to their regul ar term, until their successors are appointed. Members of the DSSIDC wil l be appointed within sixty (60) days of enactment of th is Act. (b) The terms of the appointment and the terms of t he members shall be rotated so that no more than three (3) members' terms shall expire each year. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 39 (c) Any vacancy in the membership of the Council sh all be filled for the period of the unexpired term in the same manner as was the original appointment. (d) Council members shall serve without compensatio n; except that each member shall be paid a per diem of Fifty Dollars ($50.00) for each day of attendance at a meeting of the Council, such compensation not to exceed One Hundred Dollars ($100.00) per

n; except that each member shall be paid a per diem of Fifty Dollars ($50.00) for each day of attendance at a meeting of the Council, such compensation not to exceed One Hundred Dollars ($100.00) per month. § 41309. Composition of the Division of Support Ser vices for Individuals with Disabilities Council (DSSIDC). (a) The members of the DSSIDC shall include: the Di rector of the Developmental Disabilities Council or his/her d esignee, the Director of the Department of Education or his/her designee, the Director of the Department of Public Health & Socia l Services or his/her designee, the Director of the Department of Mental Health & Substance Abuse or his/her designee, the Executiv e Director of Protection and Advocacy System or his/her designee, the Director of the University Affiliated Program or his/her des ignee, (1) representatives from nonprofit organizations that p rovide services to persons with disabilities, one (1) representativ e from a parent/guardian with a dependent under the age of t en (10) with a disability, one (1) representative from a parent/gu ardian with a dependent between the ages of 11-18 with a disabili ty, and one (1) representative from a parent/

t under the age of t en (10) with a disability, one (1) representative from a parent/gu ardian with a dependent between the ages of 11-18 with a disabili ty, and one (1) representative from a parent/ guardian with a depen dent over the age of eighteen (18) with a disability (as defined in Article 3, Section 41302(d)), (5) representatives from the com munity who have varying disabilities. (b) Removal of DSSIDC Member. The Governor may remo ve any member from the DSSIDC for cause including, but not limited to, neglect of any duty required by law, incompeten ce, unprofessional conduct or willful misconduct. A mem ber subject to disciplinary proceedings shall disqualify himself/h erself from the DSSIDC business until the charge(s) are adjudicated . § 41310. Powers of the Division of Support Services for Individuals with Disabilities Council (DSSIDC). (a) The DSSIDC shall elect a chairperson, who shall be a representative from one of the consumer groups; a v ice-chairperson COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 40 and other officers as determined in its rules and r egulations.

a representative from one of the consumer groups; a v ice-chairperson COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 40 and other officers as determined in its rules and r egulations. The DSSIDC shall further determine in rules and regulat ions the number of DSSIDC meetings required and what constit utes a quorum to conduct its business. Members of the DSSI DC shall not hold membership on other Boards or Council in the t erritory that oversee issues with individuals with disabilities. The rules and regulations shall be promulgated by the DSSIDC in a ccordance with the Adjudication Act by October 1, 1997. (b) Serve as a public advocate for individuals with disabilities by advising and making recommendations to the Admin istrator of DSSIDC on matters relating to individuals with disa bilities. (c) Participate in public education and awareness a ctivities on the problems, needs, potentials and rights of the d isabled persons through affirmative public education programs, incl uding conferences, work-shops and forums. (d) Seek improvements in existing programs and serv ices and identify unmet needs of individuals with disabiliti es.

irmative public education programs, incl uding conferences, work-shops and forums. (d) Seek improvements in existing programs and serv ices and identify unmet needs of individuals with disabiliti es. (e) Initiate and maintain contact with public and p rivate, local and national organizations, agencies and individual s generally engaging in activities relating to disabled persons , or otherwise interested in the general or specific well-being of the disabled. (f) Shall advise the Governor with recommendations for the appointment of the Director. ---------- ARTICLE 4 DIVISION OF HEALTH PLANNING AND DEVELOPMENT [Article Repealed and Division Abolished] SOURCE : This Article was added by P.L. 24-92:2. This Art icle was repealed by P.L. 26-76:55, which repealed §§ 1 thro ugh 8 of P.L. 24- 92. COMMENT : By repealing Section 8 of P.L. 24-92, which prov ided for pending Certificates of Need, the Compiler conc ludes that any pending Certificates of Need in 2002 need not be pu rsued, as such Certificates are no longer required.. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 41 ---------- ARTICLE 5 DIVISION OF EVALUATION , ENFORCEMENT AND COMPLIANCE SOURCE : This Article was

rtificates are no longer required.. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 41 ---------- ARTICLE 5 DIVISION OF EVALUATION , ENFORCEMENT AND COMPLIANCE SOURCE : This Article was added by P.L. 24-92:3. This Arti cle was repealed by P.L. 26-76:55, which repealed §§ 1 thro ugh 8 of P.L. 24- 92. ---------- ARTICLE 6 INDIVIDUALS WITH DISABILITIES DISASTER RECOVERY FUND SOURCE : This Article was added by P.L. 24-172:2. Entire a rticle repealed by P.L. 36-071:3-7 (Dec. 27, 2021). ---------- ARTICLE 7 INDIVIDUALS WITH SIGNIFICANT DISABILITIES VENDING ACT SOURCE : This Article was added by P.L. 26-110:2. § 41701. Statement of Policy and Legislative Intent . § 41702. Definitions. § 41703. Rules and Regulations. § 41704. Certification. § 41705. Vending Facility. § 41706. Government Agency. § 41707. Property Manager. § 41708. Exemptions. § 41709. Annual Report. § 41710. Reauthorization. § 41711. Grandfather Clause. § 41701. Statement of Policy and Legislative Intent . The purpose of the Individuals with Significant Dis abilities Vending Act is to establish public policy for the g overnment of Guam to provide maximum opportunities to individual s with significant

. The purpose of the Individuals with Significant Dis abilities Vending Act is to establish public policy for the g overnment of Guam to provide maximum opportunities to individual s with significant disabilities by providing expanded oppo rtunities to COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 42 participate fully in the social and economic life o f the Community and to engage in entrepreneurial enterprise. § 41702. Definitions. For the purposes of this Article, the following ter ms shall have the meanings indicated herein: (a) Individual with significant disability means a severe chronic disability of a person that is attributable to a mental or physical impairment or combination of mental and ph ysical impairments: (1) is likely to continue indefinitely; and (2) results in substantial functional limitations i n two (2) or more of the following areas of major lif e activity: seeing, hearing, self-care, receptive an d expressive language, learning, mobility, self-direc tion, capacity for independent living and economic self- sufficiency. (b) Certified vendors means and includes: (1) public or private nonprofit Guam corporations operating community

ility, self-direc tion, capacity for independent living and economic self- sufficiency. (b) Certified vendors means and includes: (1) public or private nonprofit Guam corporations operating community rehabilitation programs serving individuals with significant disabilities, which al so are in compliance with 17 G.C.A. § 41208 and duly certifie d by the Department of Integrated Services for Individua ls with Disabilities ('DISID') to operate a vending fa cility in a public building or public facility; (2) a Guam private business, which is one hundred percent (100%) owned by one (1) or more individuals with significant disabilities and duly certified by DISID to operate a vending facility; the owner(s) must ac tively participate in managing the business in a public bu ilding or public facility; or (3) a Guam private business in which seventy-five percent (75%) or greater of its labor force is comp rised of individuals with significant disabilities and duly certified by DISID to operate a vending facility in a public building or public facility as certified vendors. Each COL1/11/202217 GCA EDUCATION CH.

individuals with significant disabilities and duly certified by DISID to operate a vending facility in a public building or public facility as certified vendors. Each COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 43 employed individual with significant disabilities s hall be compensated following the current prevailing wages established by the Guam Department of Labor, and in no circumstances fall below the Federal minimum wage standard. Certified vendors shall be subject to yea r-to- year re-certification for vending facility operatio ns under this Article. (c) Vending facility means automatic vending machin es, snack bars, cart services, shelters, counter or oth er manually operated facilities for the sale of newspapers, per iodicals, confections, tobacco products, food, beverages, or other such articles or services dispensed or provided automati cally or manually whether prepared on or off the premises in accordance with all applicable laws. (d) ‘Public building’ or ‘public facility’ means an y building or location owned or leased by any branch, agency, department or division of the government of Guam, i ncluding any autonomous agency or public corporation.

’ or ‘public facility’ means an y building or location owned or leased by any branch, agency, department or division of the government of Guam, i ncluding any autonomous agency or public corporation. (e) ‘Government agency’ means any branch, agency, department or division of the government of Guam, i ncluding any autonomous agency or public corporation. (f) ‘Property manager’ means a person who is in con trol of or responsible for the maintenance, operation, p rotection and management of a public building or public facil ity. § 41703. Rules and Regulations. DISID, with the assistance and advice of the State Rehabilitation Council, after consultation with the property managers of public buildings or public facilities, within six (6) months upon the enactment of this Act, shall adopt rules and regulations necessary for the implementation of thi s Article, and any further amendments thereof shall follow the Adm inistrative Adjudication Law, 5 GCA § 9100 et seq. § 41704. Certification. DISID shall act and function as the certification authority for this Article. COL1/11/202217 GCA EDUCATION CH.

ollow the Adm inistrative Adjudication Law, 5 GCA § 9100 et seq. § 41704. Certification. DISID shall act and function as the certification authority for this Article. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 44 (a) Any certification granted pursuant hereto may b e terminated by DISID if DISID determines that the ve nding facility is not being operated in accordance with p rescribed rules. A notice shall be provided to the Departmen t of Revenue and Taxation to enforce the cessation of ac tivities at that public building or public facility. (b) In order to promote the employment and self- sufficiency of individuals with significant disabil ities on Guam, government agencies shall, upon the request o f DISID, give preference to a licensee in the operation of v ending facilities in public buildings or public facilities . Space for the vending facility shall be provided without charge. (c) DISID shall notify all certified vendors, in wr iting or appropriate alternative format to communicate with individuals with significant disabilities, of the a vailability of vending facilities in this program.

notify all certified vendors, in wr iting or appropriate alternative format to communicate with individuals with significant disabilities, of the a vailability of vending facilities in this program. Such notice sh all include, but not be limited to, a description of the type of facility, its characteristics and its geographic location; the ty pe of building in which the facility is located; the date of avail ability; the business telephone number of the current operator, when applicable; and the availability of public transpor tation. The notice shall contain a deadline for responses, whic h is no less than fourteen (14) days after issuance. (d) DISID shall work with the University of Guam’s Small Business Development Center, existing Co-op programs, school-to-work programs or other communit y rehabilitation programs to assist in the developmen t of a small business plan to allow for growth and funding for t he vending facility. (e) DISID shall work with on-Guam and off-Guam support networks or training center entities availa ble to individuals with disabilities to ensure delivery of training in a timely manner. § 41705. Vending Facility.

l work with on-Guam and off-Guam support networks or training center entities availa ble to individuals with disabilities to ensure delivery of training in a timely manner. § 41705. Vending Facility. No business shall be offered or granted any vending facility by any property manager to operate a vending facility in any public building or public facility, unless DISID is notifi ed of the proposed COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 45 vending facility. DISID and the Government Agency shall determine in good faith whether a certified vendor is capable or cannot satisfactorily provide for such vending serv ices. The property manager shall give public notice upon such determination encouraging certified vendors to apply for the avai lable vending facility. § 41706. Government Agency. If DISID determines that a public building or publi c facility is suitable for the operation of a vending facility by a certified vendor, the government agency with authority over the publi c building or public facility shall provide the space at no expen se to the certified vendor.

peration of a vending facility by a certified vendor, the government agency with authority over the publi c building or public facility shall provide the space at no expen se to the certified vendor. In the absence of any utility metering dev ices for the allocated space, the certified vendor shall negotia te with that Government Agency the fair value, if applicable, th e compensation for utilities used. § 41707. Property Manager. The property manager shall notify DISID at least ni nety (90) days prior to the initiation of any new constructio n, expansion, leasing, or acquisition of public building or publi c facility occupied, or to be occupied, by a government agency . The property manager shall notify DISID at least ninety (90) days prior to the expiration of any existing vending contract whether such vending facility is suitable for operation by a cer tified vendor. § 41708. Exemptions. This Article shall not apply to the Department of E ducation public school facilities, the Guam Community Colleg e and to the University of Guam. Vending facilities applicable to food services as a direct service to patients, institutionalized persons, inmates or wards are exempted under this

m Community Colleg e and to the University of Guam. Vending facilities applicable to food services as a direct service to patients, institutionalized persons, inmates or wards are exempted under this Article for the Depar tment of Corrections and Department of Youth Affairs, Guam M emorial Hospital Authority, and the Guam Behavioral Health and Wellness Center by this Article. 2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Departmen t of Mental Health & Substance Abuse to the Guam Behavio ral Health and Wellness Center. Reference to the Department of Me ntal Health & Substance Abuse changed to Guam Behavioral Health a nd Wellness Center pursuant to P.L. 32-024:4. COL1/11/202217 GCA EDUCATION CH. 41 VOCATIONAL REHABILITATION 46 § 41709. Annual Report. The Director of DISID shall make an annual report t o I Maga'lahen Guåhan and to I Liheslaturan Guåhan within one hundred and twenty (120) days at the termination of each fiscal year, reporting upon the progress made, and contain ing a detailed analysis with respect to the administration of the Individuals with Significant Disabilities Vending Act. § 41710. Reauthorization.

year, reporting upon the progress made, and contain ing a detailed analysis with respect to the administration of the Individuals with Significant Disabilities Vending Act. § 41710. Reauthorization. The Individuals with Significant Disabilities Vendi ng Act shall come up for review and reauthorization four ( 4) years after its enactment by I Liheslaturan Guåhan . § 41711. Grandfather Clause. Existing businesses located within any public build ing or public facility shall not be displaced, and shall b e allowed to continue such business operation. Any business gran dfathered in by this Section that ceases or forfeits their operatio ns, activities or business license shall be subjected to comply with this Act. ---------- COL1/11/2022