[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR379.3]

[Page 420-421]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 379--PROJECTS WITH INDUSTRY--Table of Contents
 
                           Subpart A--General
 
Sec.  379.3  Who is eligible for services under this program?

    (a) An individual is eligible for services under this program if--
    (1) The individual is an individual with a disability or an 
individual with a significant disability;

[[Page 421]]

    (2) The individual requires vocational services to prepare for, 
secure, retain, or regain employment; and
    (3) The determination of eligibility is consistent with section 
102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C. 
701-796l.
    (b) The recipient of the grant under which the services are provided 
may determine an individual's eligibility for services under this 
program, to the extent that the determination is appropriate and 
consistent with the requirements of section 102(a) of the Act. See 
Appendix B to this part for further information.
    (c) Except as provided in paragraph (d) of this section, an 
individual who has a disability or is blind, as determined pursuant to 
title II or title XVI of the Social Security Act (42 U.S.C. 401-433 and 
1381-1385)--
    (1) Is considered to be an individual with a significant disability; 
and
    (2) Is presumed to be eligible for vocational rehabilitation (VR) 
services under this program (provided that the individual intends to 
achieve an employment outcome consistent with the unique strengths, 
resources, priorities, concerns, abilities, capabilities, interests, and 
informed choice of the individual).
    (d) The DSU or recipient of the grant involved may deny an 
individual services if the DSU or recipient of the grant involved can 
demonstrate, by clear and convincing evidence, that the individual is 
incapable of benefiting in terms of an employment outcome from VR 
services due to the significance of the disability of the individual.

(Authority: 29 U.S.C. 722(a)(3) and 795(a)(3))