[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR361.37]

[Page 295-297]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 361--STATE VOCATIONAL REHABILITATION SERVICES PROGRAM--Table of Contents
 
      Subpart B--State Plan and Other Requirements for Vocational 
                         Rehabilitation Services
 
Sec. 361.37  Information and referral programs.

    (a) General provisions. The State plan must assure that--
    (1) The designated State agency will implement an information and 
referral

[[Page 296]]

system adequate to ensure that individuals with disabilities, including 
eligible individuals who do not meet the agency's order of selection 
criteria for receiving vocational rehabilitation services if the agency 
is operating on an order of selection, are provided accurate vocational 
rehabilitation information and guidance (which may include counseling 
and referral for job placement) using appropriate modes of communication 
to assist them in preparing for, securing, retaining, or regaining 
employment; and
    (2) The designated State agency will refer individuals with 
disabilities to other appropriate Federal and State programs, including 
other components of the statewide workforce investment system.
    (b) The State unit must refer to local extended employment providers 
an individual with a disability who makes an informed choice to pursue 
extended employment as the individual's employment goal. Before making 
the referral required by this paragraph, the State unit must--
    (1) Consistent with Sec. 361.42(a)(4)(i) of this part, explain to 
the individual that the purpose of the vocational rehabilitation program 
is to assist individuals to achieve an employment outcome as defined in 
Sec. 361.5(b)(16) (i.e., employment in an integrated setting);
    (2) Consistent with Sec. 361.52 of this part, provide the individual 
with information concerning the availability of employment options, and 
of vocational rehabilitation services, in integrated settings;
    (3) Inform the individual that services under the vocational 
rehabilitation program can be provided to eligible individuals in an 
extended employment setting if necessary for purposes of training or 
otherwise preparing for employment in an integrated setting;
    (4) Inform the individual that, if he or she initially chooses not 
to pursue employment in an integrated setting, he or she can seek 
services from the designated State unit at a later date if, at that 
time, he or she chooses to pursue employment in an integrated setting; 
and
    (5) Refer the individual, as appropriate, to the Social Security 
Administration in order to obtain information concerning the ability of 
individuals with disabilities to work while receiving benefits from the 
Social Security Administration.
    (c) Criteria for appropriate referrals. In making the referrals 
identified in paragraph (a)(2) of this section, the designated State 
unit must--
    (1) Refer the individual to Federal or State programs, including 
programs carried out by other components of the statewide workforce 
investment system, best suited to address the specific employment needs 
of an individual with a disability; and
    (2) Provide the individual who is being referred--
    (i) A notice of the referral by the designated State agency to the 
agency carrying out the program;
    (ii) Information identifying a specific point of contact within the 
agency to which the individual is being referred; and
    (iii) Information and advice regarding the most suitable services to 
assist the individual to prepare for, secure, retain, or regain 
employment.
    (d) Order of selection. In providing the information and referral 
services under this section to eligible individuals who are not in the 
priority category or categories to receive vocational rehabilitation 
services under the State's order of selection, the State unit must 
identify, as part of its reporting under section 101(a)(10) of the Act 
and Sec. 361.40, the number of eligible individuals who did not meet the 
agency's order of selection criteria for receiving vocational 
rehabilitation services and did receive information and referral 
services under this section.

(Approved by the Office of Management and Budget under control number 
1820-0500.)

(Authority: Sections 7(11), 12(c), 101(a)(5)(D), 101(a)(10)(C)(ii), and 
101(a)(20) of the Act; 29 U.S.C. 709(c), 721(a)(5)(D), 
721(a)(10)(C)(ii), and 721(a)(20))

    Effective Date Note: 1. At 66 FR 7253, Jan. 22, 2001, Sec. 361.37 
was amended by adding ``(Approved by the Office of Management and Budget 
under control number 1820-0500)'', effective Oct. 1, 2001.
    2. At 66 FR 7252, Jan. 22, 2001, Sec. 361.37 was amended by 
redesignating paragraphs (b) and (c) as paragraphs (c) and (d) 
respectively, by adding a new paragraph (b), and by revising the 
authority citation following the section, effective Oct. 1, 2001. For 
the convenience of

[[Page 297]]

the user, the superseded text is set forth as follows.

Sec. 361.37  Information and referral programs.

                                * * * * *

(Authority: Sections 101(a)(5)(D) and (20) and 101(a)(10)(C)(ii) of the 
Act; 29 U.S.C. 721(a)(5)(D) and (20) and (a)(10)(C)(ii))