Current through Register Vol. 46, No. 12, March 20, 2024
In the event that the Education Department, hereinafter
referred to as the agency, is unable to provide vocational rehabilitation
services to all eligible individuals with disabilities throughout a Federal
fiscal year, the agency will provide such services to eligible persons in the
order of priority established in this section.
(a) Operation of order of selection.
(1) The use of an order of selection of
individuals for vocational rehabilitation services shall not affect the
provision of services to the following individuals:
(i) persons determined by the agency as
eligible for vocational rehabilitation services prior to the date when the
agency determines that an order of selection of applicants shall be
implemented; and
(ii) persons in
extended evaluation prior to the date when the agency determines that an order
of selection of applicants shall be implemented.
(2) If the agency is unable to serve an
eligible individual as a result of the individual's placement in a particular
priority classification, the agency will place the individual in a deferred
service category, and will notify the individual of his right to seek an
administrative review and impartial hearing concerning the individual's
placement in such priority classification, and, if the individual desires, will
offer referral of the individual to another source of assistance if
available.
(3) The agency will
regularly assess needs of individuals with disabilities and available resources
to determine if the selection of individuals by priority classification can be
terminated or modified. In the event that it becomes possible to serve
individuals placed in the deferred service category, all such individuals will
be contacted, in chronological order of application date, before vocational
rehabilitation services will be provided by the agency to new applicants in the
same priority classification.
(b) Order of selection to be used. Eligible
individuals will be selected by the agency to receive vocational rehabilitation
services in descending order of the following priority classifications.
Individuals will be assigned to priority categories based only on the following
criteria regardless of age, color, religion, creed, disability, marital status,
veteran status, national origin, race, gender or sexual orientation.
(1) Priority category I--persons with the
most significant disabilities. An individual with a most significant
disability:
(i) has one or more physical or
mental disabilities determined by an assessment of eligibility and vocational
rehabilitation needs to cause substantial functional limitations; and
(ii) has a significant physical or mental
impairment which seriously limits three or more functional capacities (such as
mobility, communication, self-care, self-direction, interpersonal skills,
cognition, work tolerance, or work skills) in terms of an employment outcome;
and
(iii) whose vocational
rehabilitation will require multiple vocational rehabilitation services over an
extended period of time.
(2) Priority category II--persons with
significant disabilities. An individual with a significant disability:
(i) has one or more physical or mental
disabilities determined by an assessment of eligibility and vocational
rehabilitation needs to cause substantial functional limitations; and
(ii) has a significant physical or mental
impairment which seriously limits one or two functional capacities (mobility,
communication, self-care, self-direction, interpersonal skills, cognition, work
tolerance, or work skills) in terms of achieving an employment outcome;
and
(iii) whose vocational
rehabilitation will require multiple vocational rehabilitation services over an
extended period of time.
(3) Priority category III--persons with less
significant disabilities who are not classified in priority categories I and
II.
