California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 2 - Order of Selection for Vocational Rehabilitation Services
Section 7053 - Order of Selection for Vocational Rehabilitation Services Process

Universal Citation: 9 CA Code of Regs 7053

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If the number of individuals eligible to receive vocational rehabilitation services must be limited, an Order of Selection for Vocational Rehabilitation Services shall be implemented and services shall be provided to individuals in priority categories in the following order:

(1) Priority Category One: Eligible individuals with a most significant disability, as defined in Section 7017.2, beginning with the earliest application date.

(2) Priority Category Two: Eligible individuals with a significant disability, as defined in Section 7017.5, beginning with the earliest application date.

(3) Priority Category Three: All other eligible individuals who do not meet the criteria for Priority Category One or Priority Category Two, beginning with the earliest application date.

(b) When eligible individuals who are in Priority Category Two can be served, all eligible individuals who are in Priority Category One shall be served regardless of the date of application.

(c) When eligible individuals who are in Priority Category Three can be served, all eligible individuals who are in Priority Category Two shall be served regardless of the date of application.

(d) Individuals who are not included in the priority category(ies) being served shall be placed on a waiting list pursuant to Section 7055.

(e) The criteria established by the Department for the Order of Selection, mandates individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services. Additionally, the Department, in its discretion, may elect to serve eligible individuals who require specific services or equipment to maintain employment, whether or not the individuals are receiving vocational rehabilitation services under the Order of Selection. The Department shall specify any such election in its declaration of Order of Selection pursuant to Section 7052.

(f) Upon implementation of the Order of Selection for Vocational Rehabilitation Services:

(1) Individuals whose IPE was written and signed prior to implementation shall continue to receive services including additional services subsequently identified as necessary to complete their IPE.

(2) Individuals who were determined eligible prior to implementation, but for whom the IPEs have not been written and signed, shall be assigned to a priority category.

(3) Students with disabilities who were receiving pre-employment transition services in accordance with section 7149(a) and have not yet been determined eligible for vocational rehabilitation services prior to implementation shall continue to receive such services regardless of the Order of Selection.

1. New section filed 7-27-95 as an emergency; operative 7-27-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-24-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-27-95 order transmitted to OAL 7-11-95 and filed 8-21-95 (Register 95, No. 34).
3. Amendment of subsections (a)(3) and (a)(5)(A)-(C), repealer and new subsection (a)(5)(D), new subsection (a)(5)(E) and amendment of NOTE filed 4-27-99 as an emergency; operative 4-27-99 (Register 99, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-25-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-99 order transmitted to OAL 7-23-99 and filed 8-30-99 (Register 99, No. 36).
5. Amendment of subsections (a)(5)(A)-(E) and amendment NOTE filed 6-28-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-28-2001 order, including further amendment of NOTE, transmitted to OAL 10-24-2001 and filed 12-10-2001 (Register 2001, No. 50).
7. Amendment filed 3-13-2013; operative 7-1-2013 (Register 2013, No. 11).
8. New subsection (e), subsection relettering, new subsection (f)(3) and amendment of NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705 and 721; 34 CFR Sections 361.5 and 361.36; and Sections 19011 and 19102, Welfare and Institutions Code.

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