[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: 34CFR361.43]



[Page 281]

 

                           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.  361.43  Procedures for ineligibility determination.



    If the State unit determines that an applicant is ineligible for 

vocational rehabilitation services or determines that an individual 

receiving services under an individualized plan for employment is no 

longer eligible for services, the State unit must--

    (a) Make the determination only after providing an opportunity for 

full consultation with the individual or, as appropriate, with the 

individual's representative;

    (b) Inform the individual in writing, supplemented as necessary by 

other appropriate modes of communication consistent with the informed 

choice of the individual, of the ineligibility determination, including 

the reasons for that determination, the requirements under this section, 

and the means by which the individual may express and seek remedy for 

any dissatisfaction, including the procedures for review of State unit 

personnel determinations in accordance with Sec.  361.57;

    (c) Provide the individual with a description of services available 

from a client assistance program established under 34 CFR part 370 and 

information on how to contact that program;

    (d) Refer the individual--

    (1) To other programs that are part of the One-Stop service delivery 

system under the Workforce Investment Act that can address the 

individual's training or employment-related needs; or

    (2) To local extended employment providers if the ineligibility 

determination is based on a finding that the individual is incapable of 

achieving an employment outcome as defined in Sec.  361.5(b)(16).

    (e) Review within 12 months and annually thereafter if requested by 

the individual or, if appropriate, by the individual's representative 

any ineligibility determination that is based on a finding that the 

individual is incapable of achieving an employment outcome. This review 

need not be conducted in situations in which the individual has refused 

it, the individual is no longer present in the State, the individual's 

whereabouts are unknown, or the individual's medical condition is 

rapidly progressive or terminal.



(Authority: Sections 12(c), 102(a)(5), and 102(c) of the Act; 29 U.S.C. 

709(c), 722(a)(5), and 722(c))



[66 FR 4382, Jan. 11, 2001, as amended at 66 FR 7253, Jan. 22, 2001]