[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: 34CFR361.54]



[Page 292-293]

 

                           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.  361.54  Participation of individuals in cost of services based on 

financial need.



    (a) No Federal requirement. There is no Federal requirement that the 

financial need of individuals be considered in the provision of 

vocational rehabilitation services.

    (b) State unit requirements. (1) The State unit may choose to 

consider the financial need of eligible individuals or individuals who 

are receiving services through trial work experiences under



[[Page 293]]



Sec.  361.42(e) or during an extended evaluation under Sec.  361.42(f) 

for purposes of determining the extent of their participation in the 

costs of vocational rehabilitation services, other than those services 

identified in paragraph (b)(3) of this section.

    (2) If the State unit chooses to consider financial need--

    (i) It must maintain written policies--

    (A) Explaining the method for determining the financial need of an 

eligible individual; and

    (B) Specifying the types of vocational rehabilitation services for 

which the unit has established a financial needs test;

    (ii) The policies must be applied uniformly to all individuals in 

similar circumstances;

    (iii) The policies may require different levels of need for 

different geographic regions in the State, but must be applied uniformly 

to all individuals within each geographic region; and

    (iv) The policies must ensure that the level of an individual's 

participation in the cost of vocational rehabilitation services is--

    (A) Reasonable;

    (B) Based on the individual's financial need, including 

consideration of any disability-related expenses paid by the individual; 

and

    (C) Not so high as to effectively deny the individual a necessary 

service.

    (3) The designated State unit may not apply a financial needs test, 

or require the financial participation of the individual--

    (i) As a condition for furnishing the following vocational 

rehabilitation services:

    (A) Assessment for determining eligibility and priority for services 

under Sec.  361.48(a), except those non-assessment services that are 

provided to an individual with a significant disability during either an 

exploration of the individual's abilities, capabilities, and capacity to 

perform in work situations through the use of trial work experiences 

under Sec.  361.42(e) or an extended evaluation under Sec.  361.42(f).

    (B) Assessment for determining vocational rehabilitation needs under 

Sec.  361.48(b).

    (C) Vocational rehabilitation counseling and guidance under Sec.  

361.48(c).

    (D) Referral and other services under Sec.  361.48(d).

    (E) Job-related services under Sec.  361.48(l).

    (F) Personal assistance services under Sec.  361.48(n).

    (G) Any auxiliary aid or service (e.g., interpreter services under 

Sec.  361.48(j), reader services under Sec.  361.48(k)) that an 

individual with a disability requires under section 504 of the Act (29 

U.S.C. 794) or the Americans with Disabilities Act (42 U.S.C. 12101, et 

seq.), or regulations implementing those laws, in order for the 

individual to participate in the VR program as authorized under this 

part; or

    (ii) As a condition for furnishing any vocational rehabilitation 

service if the individual in need of the service has been determined 

eligible for Social Security benefits under Titles II or XVI of the 

Social Security Act.



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

1820-0500)



(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))



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