Introduction - The Rehabilitation Act and the Code of Federal Regulations

Congress finds that:

● Millions of Americans have one or more physical or mental disabilities, and the number of Americans with such disabilities is increasing.

● Individuals with disabilities constitute one of the most disadvantaged groups in society.

● Disability is a natural part of the human experience and in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society.

Increased employment of individuals with disabilities can be achieved through the implementation of statewide workforce development systems...that provide meaningful and effective participation for individuals with disabilities in workforce investment activities and activities carried out under the vocational rehabilitation program...and through the provision of independent living services, support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations. 

Individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services. The goals of the nation properly include the goal of providing individuals with disabilities with the tools necessary to make informed choices and decisions; and achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency...

A high proportion of students with disabilities are leaving secondary education without being employed in competitive integrated employment or being enrolled in postsecondary education; and there is a substantial need to support such students as they transition from school to postsecondary life. 

(See U.S. Code (USC) Title 29, Labor; Chapter 16, Vocational Rehabilitation and Other Rehabilitation Services; General Provisions § 701 – Findings; purpose; policy.)

In general, to be eligible to receive funds...the state plan shall include: The results of an evaluation of the effectiveness of the vocational rehabilitation program... 

● Cooperation, collaboration, and coordination...the designated state agency shall enter into a cooperative agreement with other entities that are components of the statewide workforce development system...

● Interagency cooperation with other agencies...the state plan shall include descriptions of interagency cooperation with, and utilization of the services and facilities of, federal, state, and local agencies and programs...

● A State Rehabilitation Council that meets the criteria set forth in this title...

(See 29 USC § 721 - State plans, (15)(E)(i) Evaluation and reports of progress. 721 - State plans, (11)(A) Cooperative agreements with other components of statewide workforce development systems. 721 - State plans, (11)(C) Interagency cooperation with other agencies. 721 - State plans, (21)(A)(ii) Commission or Council.)

Under the state vocational rehabilitation services program...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 has been determined to be an eligible individual, documentation supporting that determination...

● If an applicant or eligible individual receiving services under an individualized plan for employment has been determined to be ineligible, documentation supporting that 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...

● If an individual has been determined to be an individual with a significant disability or an individual with a most significant disability, documentation supporting that determination.

● If an individual with a significant disability requires an exploration of abilities, capabilities, and capacity to perform in realistic work situations through the use of trial work experiences to determine whether the individual is an eligible individual, documentation supporting the need for, and the plan relating to, that exploration and documentation regarding the periodic assessments carried out during the trial work experiences...

● The individualized plan for employment, and any amendments to the individualized plan for employment... 

● Documentation describing the extent to which the applicant or eligible individual exercised informed choice regarding the provision of assessment services and the extent to which the eligible individual exercised informed choice in the development of the individualized plan for employment with respect to the selection of the specific employment outcome, the specific vocational rehabilitation services needed to achieve the employment outcome, the entity to provide the services, the employment setting, the settings in which the services will be provided, and the methods to procure the services.

● In the event that an individual's individualized plan for employment provides for vocational rehabilitation services in a non-integrated setting, a justification to support the need for the non-integrated setting.

● In the event that an individual obtains competitive employment, verification that the individual is compensated at or above the minimum wage and that the individual's wage and level of benefits are not less than that customarily paid by the employer for the same or similar work performed by non-disabled individuals...

● In the event an individual achieves an employment outcome in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act or the designated state unit closes the record of services of an individual in extended employment on the basis that the individual is unable to achieve an employment outcome...or that an eligible individual through informed choice chooses to remain in extended employment, documentation of the results of the semi-annual and annual reviews required...of the individual's input into those reviews, and of the individual's or, if appropriate, the individual's representative's acknowledgment that those reviews were conducted.

● Documentation concerning any action or decision resulting from a request by an individual...for a review of determinations made by designated state unit personnel. 

● In the event that an applicant or eligible individual requests...that documentation in the record of services be amended and the documentation is not amended, documentation of the request. 

● In the event an individual is referred to another program through the state unit's information and referral system...including other components of the statewide workforce development system, documentation on the nature and scope of services provided by the designated state unit to the individual and on the referral itself...

● In the event an individual's record of service is closed...documentation that demonstrates the services provided under the individual's individualized plan for employment contributed to the achievement of the employment outcome. 

● In the event an individual's record of service is closed...documentation verifying that the provisions...have been satisfied.

[Additionally,] the state unit may not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or recipient, including evaluation and assessment services and individualized plan for employment (IPE) development, pending a resolution through mediation, pending a decision by a hearing officer or reviewing official, or pending informal resolution under this section unless—

● The individual or, in appropriate cases, the individual's representative requests a suspension, reduction, or termination of services; or

● The state agency has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative.

(See Title 34, Code of Federal Regulations (CFR) Part 361 - State Vocational Rehabilitation Services Program; 34 CFR 361.47 - Record of Services; 34 CFR 361.57(b)(4) - Impact on Provision of Services.)