[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: 34CFR361.41]



[Page 277-278]

 

                           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.  361.41  Processing referrals and applications.



    (a) Referrals. The designated State unit must establish and 

implement standards for the prompt and equitable handling of referrals 

of individuals for vocational rehabilitation services, including 

referrals of individuals made through the One-Stop service delivery 

systems established under section 121 of the Workforce Investment Act of 

1998. The standards must include timelines for making good faith efforts 

to inform these individuals of application requirements and to gather 

information necessary to initiate an assessment for determining 

eligibility and priority for services.

    (b) Applications. (1) Once an individual has submitted an 

application for vocational rehabilitation services, including 

applications made through common intake procedures in One-Stop centers 

established under section 121 of the Workforce Investment Act of 1998, 

an eligibility determination must be made within 60 days, unless--

    (i) Exceptional and unforeseen circumstances beyond the control of 

the designated State unit preclude making an eligibility determination 

within 60 days and the designated State unit and the individual agree to 

a specific extension of time; or

    (ii) An exploration of the individual's abilities, capabilities, and 

capacity to perform in work situations is carried out in accordance with 

Sec.  361.42(e) or, if appropriate, an extended evaluation is carried 

out in accordance with Sec.  361.42(f).

    (2) An individual is considered to have submitted an application 

when the individual or the individual's representative, as appropriate--

    (i)(A) Has completed and signed an agency application form;

    (B) Has completed a common intake application form in a One-Stop 

center requesting vocational rehabilitation services; or

    (C) Has otherwise requested services from the designated State unit;

    (ii) Has provided to the designated State unit information necessary 

to initiate an assessment to determine



[[Page 278]]



eligibility and priority for services; and

    (iii) Is available to complete the assessment process.

    (3) The designated State unit must ensure that its application forms 

are widely available throughout the State, particularly in the One-Stop 

centers established under section 121 of the Workforce Investment Act of 

1998.



(Approved by the Office of Management and Budget under control number 

1820-0500)



(Authority: Sections 101(a)(6)(A) and 102(a)(6) of the Act; 29 U.S.C. 

721(a)(6)(A) and 722(a)(6))



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