[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR361.37]



[Page 274-275]

 

                           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 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



[[Page 275]]



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))



[66 FR 4382, Jan. 17, 2001, as amended at 66 FR 7253, Jan. 22, 2001]