[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: 34CFR361.54]

[Page 315-316]
 
                           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. 361.54  Participation of individuals in cost of services based on financial need.

    (a) No Federal requirement. There is no Federal requirement that the 
financial need of individuals be considered in the provision of 
vocational rehabilitation services.
    (b) State unit requirements.
    (1) The State unit may choose to consider the financial need of 
eligible individuals or individuals who are receiving services through 
trial work experiences under Sec. 361.42(e) or during an extended 
evaluation under Sec. 361.42(f) for purposes of determining the extent 
of their participation in the costs of vocational rehabilitation 
services, other than those services identified in paragraph (b)(3) of 
this section.
    (2) If the State unit chooses to consider financial need--
    (i) It must maintain written policies--
    (A) Explaining the method for determining the financial need of an 
eligible individual; and
    (B) Specifying the types of vocational rehabilitation services for 
which the unit has established a financial needs test;
    (ii) The policies must be applied uniformly to all individuals in 
similar circumstances;
    (iii) The policies may require different levels of need for 
different geographic regions in the State, but must be applied uniformly 
to all individuals within each geographic region; and
    (iv) The policies must ensure that the level of an individual's 
participation in the cost of vocational rehabilitation services is--
    (A) Reasonable;
    (B) Based on the individual's financial need, including 
consideration of any disability-related expenses paid by the individual; 
and
    (C) Not so high as to effectively deny the individual a necessary 
service.
    (3) The designated State unit may not apply a financial needs test, 
or require the financial participation of the individual--
    (i) As a condition for furnishing the following vocational 
rehabilitation services:

[[Page 316]]

    (A) Assessment for determining eligibility and priority for services 
under Sec. 361.48(a), except those non-assessment services that are 
provided to an individual with a significant disability during either an 
exploration of the individual's abilities, capabilities, and capacity to 
perform in work situations through the use of trial work experiences 
under Sec. 361.42(e) or an extended evaluation under Sec. 361.42(f).
    (B) Assessment for determining vocational rehabilitation needs under 
Sec. 361.48(b).
    (C) Vocational rehabilitation counseling and guidance under 
Sec. 361.48(c).
    (D) Referral and other services under Sec. 361.48(d).
    (E) Job-related services under Sec. 361.48(l).
    (F) Personal assistance services under Sec. 361.48(n).
    (G) Any auxiliary aid or service (e.g., interpreter services under 
Sec. 361.48(j), reader services under Sec. 361.48(k)) that an individual 
with a disability requires under section 504 of the Act (29 U.S.C. 794) 
or the Americans with Disabilities Act (42 U.S.C. 12101, et seq.), or 
regulations implementing those laws, in order for the individual to 
participate in the VR program as authorized under this part; or
    (ii) As a condition for furnishing any vocational rehabilitation 
service if the individual in need of the service has been determined 
eligible for Social Security benefits under Titles II or XVI of the 
Social Security Act.

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

(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))

    Effective Date Notes: 1. At 66 FR 7253, Jan. 22, 2001, Sec. 361.54 
was amended by adding ``(Approved by the Office of Management and Budget 
under control number 1820-0500)'', effective Oct. 1, 2001.