3 - The Act and Regulations

The purpose of this title is to assist states in operating statewide comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation, each of which is...designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, informed choice, and economic self-sufficiency, so that such individuals may prepare for and engage in gainful employment. 

...The State Plan shall include an assurance that applicants and eligible individuals or, as appropriate, the applicants’ representatives or individuals’ representatives, will be provided information and support services to assist the applicants and individuals in exercising informed choice throughout the rehabilitation process... 

An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services... 

Vocational rehabilitation services provided...[include] counseling and guidance, including information and support services to assist an individual in exercising informed choice...

(See 29 USC § 720(a)(2) - Declaration of policy; authorization of appropriations, Purpose; 29 USC § 721(a)(19) - State plans, Choice; 29 USC § 722(b)(3)(B) -Eligibility and individualized plan for employment, Informed Choice; 29 USC §723(a)(2) - Vocational rehabilitation services for individuals.)

General provision. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that applicants and recipients of services...are provided information and support services to assist applicants and recipients of services in exercising informed choice throughout the rehabilitation process... Written policies and procedures. The designated State unit, in consultation with its State Rehabilitation Council...must develop and implement written policies and procedures that enable an applicant or recipient of services to exercise informed choice throughout the vocational rehabilitation process. These policies and procedures must provide for—

● Informing each applicant and recipient of services (including students with disabilities who are making the transition from programs under responsibility of an educational agency to programs under the responsibility of the designated state unit and including youth with disabilities), through appropriate modes of communication, about the availability of and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice through the vocational rehabilitation process;

● Assisting applicants and recipients of services in exercising informed choice in decisions related to provision of assessment services; 

● Developing and implementing flexible procurement policies and methods that facilitate the provision of vocational rehabilitation services and that afford recipients of services meaningful choices among the methods used to procure vocational rehabilitation services;

● Assisting eligible individuals or, as appropriate, the individuals’ representatives,in acquiring information that enables them to exercise informed choice in the development of their individualized plans for employment with respect to the selection of the—

○ Employment outcome;

○ Specific vocational rehabilitation services needed to achieve the employment outcome;

○ Entity that will provide the services;

○ Employment setting and the settings in which the services will be provided; and

○ Methods available for procuring the services; and

● Ensuring that the availability and the scope of informed choice is consistent with the obligations of the designated State agency under this

part.

(See 34 CFR 361.52 - Informed Choice.)