7 - The Act and Regulations

In the event that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the State who apply for the services, the State plan shall—

● Show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services;

● Provide the justification for the order of selection;

● Include an assurance that, in accordance with criteria established by the State for the order of selection, individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services;

● Permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and

● Provide that eligible individuals, who do not meet the order of selection criteria, shall have access to services provided through the information and referral system...

(See 29 USC(a)(5) § 721 - State plans, Order of Selection for Vocational Rehabilitation Services.)

The designated State unit either must be able to provide the full range of services listed in section 103(a) of the Act and section 361.48 [Scope of vocational rehabilitation services for individuals with disabilities], as appropriate, to all eligible individuals or, in the event that vocational rehabilitation services cannot be provided to all eligible individuals in the State who apply for the services, include in the...State plan the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services.

(See 34 CFR 361.36 - Ability to serve all eligible individuals; order of selection for services.)