10 - The Act and Regulations

Prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation service to an eligible individual, except those specified...the designated State unit will determine whether comparable services and benefits are available under any other program (other than a program carried out under this title)...

(See 29 USC § 721(a)(8)(A) - State plans, Plan Requirements, Comparable Services and Benefits, Determination of availability.)

Determination of availability. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation services, except those services listed in paragraph (b) of this section [Exempt services], to an eligible individual or to members of the individual's family, the State unit must determine whether comparable services and benefits, as defined in § 361.5(c)(8), exist under any other program and whether those services and benefits are available to the individual unless such a determination would interrupt or delay—

● The progress of the individual toward achieving the employment outcome identified in the individualized plan for employment;

● An immediate job placement; or

● The provision of vocational rehabilitation services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional. 

Exempt services. The following vocational rehabilitation services described in §361.48(b) are exempt from a determination of the availability of comparable services and benefits under paragraph (a) [Determination of availability] of this section:

● Assessment for determining eligibility and vocational rehabilitation needs.

● Counseling and guidance, including information and support services to assist an individual in exercising informed choice.

● Referral and other services to secure needed services from other agencies, including other components of the statewide workforce development system, if those services are not available under this part. 

● Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services.

● Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices.

● Post-employment services...

Provision of services.

● If comparable services or benefits exist under any other program and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment [IPE], the designated State unit must use those comparable services or benefits to meet, in whole or part, the costs of the vocational rehabilitation services.

● If comparable services or benefits exist under any other program, but are not available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome specified in the individual's [IPE], the designated State unit must provide vocational rehabilitation services until those comparable services and benefits become available.

Interagency coordination.

● The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that...interagency coordination takes effect between the designated State vocational rehabilitation unit and any appropriate public entity...to ensure the provision of vocational rehabilitation services, and, if appropriate, accommodations or auxiliary aids and services...that are included in the [IPE] of an eligible individual...

... No Federal requirement. There is no Federal requirement that the financial need of individuals be considered in the provision of vocational rehabilitation services. State unit requirements. The State unit may choose to consider the financial need of eligible individuals or individuals who are receiving services through trial work experiences under §361.42(e) [Trial work experiences for individuals with significant disabilities] for purposes of determining the extent of their participation in the costs of vocational rehabilitation services, other than those services identified in paragraph (b)(3) of this section.

(See 34 CFR 361.53 - Comparable services and benefits; 34 CFR 361.54 - Participation of individuals in cost of services based on financial need.)