12 - The Act and Regulations

Vocational rehabilitation services provided under this subchapter are any services described in an individualized plan for employment necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including-—

● An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology

● 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 through agreements…if such services are not available under this title

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

● Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials, except that no training services provided at an institution of higher education shall be paid for with funds under this title unless maximum efforts have been made by the designated State unit and the individual to secure grant assistance, in whole or in part, from other sources to pay for such training

● To the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits consistent with section 721(a)(8)(A) of this title [Comparable Services and Benefits, Determination of availability]), other than the designated State unit, diagnosis and treatment of physical and mental impairments, including—

○ Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time

○ Necessary hospitalization in connection with surgery or treatment

○ Prosthetic and orthotic devices

○ Eyeglasses and visual services as prescribed by qualified personnel who meet State licensure laws and who are selected by the individual

○ Special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-stage renal disease

○ Diagnosis and treatment for mental and emotional disorders by qualified personnel who meet State licensure laws

● Maintenance for additional costs incurred while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an individualized plan for employment

● Transportation, including adequate training in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service described in this section and needed by the individual to achieve an employment outcome

● On-the-job or other related personal assistance services provided while an individual is receiving other services described in this section

● Interpreter services provided by qualified personnel for individuals who are deaf or hard of hearing, and reader services for individuals who are determined to be blind, after an examination by qualified personnel who meet State licensure laws

● Rehabilitation teaching services, and orientation and mobility services, for individuals who are blind

● Occupational licenses, tools, equipment, and initial stocks and supplies

● Technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the statewide workforce development system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome

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

● Transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services

● Supported employment services

● Customized employment

● Encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business

● Services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome

● Specific post-employment services necessary to assist an individual with a disability to retain, regain, or advance in employment.

(See 29 USC § 723(a) - Vocational Rehabilitation Services for Individuals.)

The State unit must develop and maintain written policies covering the nature and scope of each of the vocational rehabilitation services specified in § 361.48 [Scope of vocational rehabilitation services for individuals with disabilities] and the criteria under which each service is provided. The policies must ensure that the provision of services is based on the rehabilitation needs of each individual as identified in that individual's individualized plan for employment and is consistent with the individual's informed choice. The written policies may not establish any arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome...

The designated State unit may expend payments received under this part to education and provide services to employers who have hired or are interested in hiring individuals with disabilities under the vocational rehabilitation program…

(See 34 CFR 361.50(a) - Written policies governing the provision of services for individuals with disabilities, Policies; 34 CFR 361.32 - Provision of training and services for employers.)