5 - The Act and Regulations

Referrals. The designated State unit must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services...The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services. 

Applications. Once an individual has submitted an application for vocational rehabilitation services...an eligibility determination must be made within 60 days, unless—

● Exceptional and unforeseen circumstances beyond the control of the designated State unit preclude making an eligibility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or

● An exploration of the individual’s abilities, capabilities, and capacity to perform in work situations is carried out in accordance with § 361.42(e) [Trial work experiences for individuals with significant disabilities]. 

An individual is considered to have submitted an application when the individual or the individual’s representative, as appropriate—

● Has completed and signed an agency application form;

● Has completed a common intake application form in a one-stop center requesting vocational rehabilitation services; or

● Has otherwise requested services from the designated State unit;

● Has provided to the designated State unit information necessary to initiate an assessment to determine eligibility and priority for services; and 

● Is available to complete the assessment process.

(See 34 CFR 361.41 Processing referrals and applications.)