[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: 34CFR361.52]



[Page 289-291]

 

                           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.  361.52  Informed choice.



    (a) General provision. The State plan must assure that applicants 

and eligible individuals or, as appropriate, their representatives are 

provided information and support services to assist applicants and 

eligible individuals in exercising informed choice throughout



[[Page 290]]



the rehabilitation process consistent with the provisions of section 

102(d) of the Act and the requirements of this section.

    (b) Written policies and procedures. The designated State unit, in 

consultation with its State Rehabilitation Council, if it has a Council, 

must develop and implement written policies and procedures that enable 

an applicant or eligible individual to exercise informed choice 

throughout the vocational rehabilitation process. These policies and 

procedures must provide for--

    (1) Informing each applicant and eligible individual (including 

students with disabilities who are making the transition from programs 

under the responsibility of an educational agency to programs under the 

responsibility of the designated State unit), through appropriate modes 

of communication, about the availability of and opportunities to 

exercise informed choice, including the availability of support services 

for individuals with cognitive or other disabilities who require 

assistance in exercising informed choice throughout the vocational 

rehabilitation process;

    (2) Assisting applicants and eligible individuals in exercising 

informed choice in decisions related to the provision of assessment 

services;

    (3) Developing and implementing flexible procurement policies and 

methods that facilitate the provision of vocational rehabilitation 

services and that afford eligible individuals meaningful choices among 

the methods used to procure vocational rehabilitation services;

    (4) Assisting eligible individuals or, as appropriate, the 

individuals' representatives in acquiring information that enables them 

to exercise informed choice in the development of their IPEs with 

respect to the selection of the--

    (i) Employment outcome;

    (ii) Specific vocational rehabilitation services needed to achieve 

the employment outcome;

    (iii) Entity that will provide the services;

    (iv) Employment setting and the settings in which the services will 

be provided; and

    (v) Methods available for procuring the services; and

    (5) Ensuring that the availability and scope of informed choice is 

consistent with the obligations of the designated State agency under 

this part.

    (c) Information and assistance in the selection of vocational 

rehabilitation services and service providers. In assisting an applicant 

and eligible individual in exercising informed choice during the 

assessment for determining eligibility and vocational rehabilitation 

needs and during development of the IPE, the designated State unit must 

provide the individual or the individual's representative, or assist the 

individual or the individual's representative in acquiring, information 

necessary to make an informed choice about the specific vocational 

rehabilitation services, including the providers of those services, that 

are needed to achieve the individual's employment outcome. This 

information must include, at a minimum, information relating to the--

    (1) Cost, accessibility, and duration of potential services;

    (2) Consumer satisfaction with those services to the extent that 

information relating to consumer satisfaction is available;

    (3) Qualifications of potential service providers;

    (4) Types of services offered by the potential providers;

    (5) Degree to which services are provided in integrated settings; 

and

    (6) Outcomes achieved by individuals working with service providers, 

to the extent that such information is available.

    (d) Methods or sources of information. In providing or assisting the 

individual or the individual's representative in acquiring the 

information required under paragraph (c) of this section, the State unit 

may use, but is not limited to, the following methods or sources of 

information:

    (1) Lists of services and service providers.

    (2) Periodic consumer satisfaction surveys and reports.

    (3) Referrals to other consumers, consumer groups, or disability 

advisory councils qualified to discuss the services or service 

providers.



[[Page 291]]



    (4) Relevant accreditation, certification, or other information 

relating to the qualifications of service providers.

    (5) Opportunities for individuals to visit or experience various 

work and service provider settings.



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

1820-0500)



(Authority: Sections 12(c), 101(a)(19); 102(b)(2)(B) and 102(d) of the 

Act; 29 U.S.C. 709(c), 721(a)(19); 722(b)(2)(B) and 722(d))



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