17 - The Act and Regulations

If the State unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the State unit must—

● Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual’s representative;

● Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the reasons for that determination, the requirements under this section, and the means by which the individual may express and seek remedy for any dissatisfaction…

● Provide the individual with a description of services available from a client assistance program…

● Refer the individual—

○ To other programs that…can address the individual’s training or employment-related needs; or

○ To Federal, State, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the individual has chosen not to pursue, or is incapable of achieving, an employment outcome as defined in § 361.5(c)(15) [Applicable definitions, Employment outcome].

● Review within 12 months and annually thereafter…any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual’s whereabouts are unknown, or the individual’s medical condition is rapidly progressive or terminal.

…The designated State unit may not close an applicant’s record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant’s representative to encourage the applicant’s participation…

The designated State unit must maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, the following documentation…

● If an applicant or eligible individual receiving services under an individualized plan for employment has been determined to be ineligible, documentation supporting that determination in accordance with the requirements under § 361.43 [Procedures for ineligibility determination].

● Documentation that describes the justification for closing an applicant’s or eligible individual’s record of services if that closure is based on reasons other than ineligibility, including, as appropriate, documentation indicating that the State unit has satisfied the requirements in section § 361.44 [Closure without eligibility determination].

…

The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:

● Employment outcome achieved. The individual has achieved the employment outcome that is described in the individual’s individualized plan for employment in accordance with § 361.46(a)(1) [Content of the individualized plan for employment, Mandatory components] and is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

● Employment outcome maintained. The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services.

● Satisfactory outcome. At the end of the appropriate period…the individual and the qualified rehabilitation counselor employed by the designated State unit consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.

● Post-employment services. The individual is informed through appropriate modes of communication of the availability of post-employment services.

(See 34 CFR 361.43 - Procedures for ineligibility determination; 34 CFR 361.44 - Closure without eligibility determination; 34 CFR 361.47 - Record of services; 34 CFR 361.56 - Requirements for closing the record of services of an individual who has achieved an employment outcome.)