CAP & VR Encyclopedia

November 2008

Cheryl Bates-Harris

Additional Material and Editing Provided By:

David T. Hutt
and

CAP Advisory Committee Members

Cynthia Gardner, Disability Law & Advocacy Center of Tennessee

Karen Stanfill, Advocacy, Inc. (Texas)
Accessibility of CAP Access to VR Client
Services
As a recipient of federal money, CAPs must
make accommodations for individuals with
disabilities. According to Section 504 of the
Rehabilitation Act of 1973, as amended, no
otherwise qualified individual with a disabili-
ty shall, solely by reason of his/her disabili-
ty, be excluded from or subjected to dis-
crimination under any program or activity
receiving federal financial assistance. This
requirement goes beyond architectural ac-
cessibility and the removal of physical bar-
riers. It requires that the programs, services,
and activities also be accessible. This may
be achieved by reasonable modification to
the program's policies and procedures, pro-
viding materials and information in the indi-
vidual's chosen mode of communication,
and making available auxiliary aids and
services such as "qualified interpreters."
When the CAP regulations were pub-
lished on November 2, 1995, Section
370.7 was added to ensure that CAP ser-
vices are provided in formats that are ac-
cessible to clients or client-applicants who
seek or receive CAP services.
See also – Office of Civil Rights, Section
504
Records
A CAP program must obtain the informed
written consent of individuals seeking as-
sistance before it may request the State
VR agency to release any personal infor-
mation from the individual's VR case
record.
See also – Confidentiality; Protection, Use
and Release of Personal Information; and
Release of Information
Acronym List
ADA Americans with Disabilities Act
APA Administrative Procedures Act
AT Assistive Technology
CAP Client Assistance Program
CFR Code of Federal Regulations
CILs Centers for Independent Living
(funded under Title VII of the
Rehabilitation Act); also known
as Independent Living Centers
(ILCs)
CRC Certified Rehabilitation Counse-
lor; also known as “qualified re-
habilitation counselor”
CRP Community Rehabilitation Pro-
grams

Access to Services CSB Comparable Services and Bene-

fits
CSPD Comprehensive System of Per-
sonnel Development
CAPs may facilitate access to the servic- DOE Department of Education
es funded under the Act through both in- DSA Designated State Agency
dividual and systems advocacy. DSU Designated State Unit
EDGAR Education Department General
See also – Systems Advocacy Accounting Requirements
EN Employment Network (under
the Ticket to Work Program)
1
EEOC Equal Employment Opportunity
Commission
FNT Financial Needs Test
FY Fiscal Year
IDEA Individuals with Disabilities
Education Act
IHO Impartial Hearing Officer
IL Independent Living Service
(funded under Title VII, part B
of the Rehab Act)
ILCs Independent Living Centers;
also known as Centers for In-
dependent Living (CILs)
IEP Individual Education Plan
IPE Individualized Plan for Em-
ployment (formerly the IWRP)
IWP Individual Work Plan
IWRP Individual Written Rehabilita-
tion Program (now the IPE)
JWOD Javitts-Wagner-O=Day Program
MSD Most Severely Disabled
NDRN National Disability Rights Net-
work (formerly NAPAS – Na-
tional Association of Protection
& Advocacy Systems)
OCR Office for Civil Rights (exists in
OJT
various federal agencies)
On-the-Job Training
OMB Office of Management & Budget
OSERS Office of Special Education and
Rehabilitative Services in the
U.S. Dept. Of Ed.
P&A Protection & Advocacy
PAAT Protection & Advocacy for As-
sistive Technology
PABSS Protection & Advocacy for Be-
neficiaries of Social Security
PADD Protection & Advocacy for Per-
sons with Developmental Dis-
abilities
PAIMI Protection & Advocacy for Indi-
viduals with Mental Illness
PAIR Protection & Advocacy for Indi-
vidual Rights
PATBI Protection & Advocacy for
Traumatic Brain Injury
PAVA Protection & Advocacy for Vot-
ing Access
2
PWI Projects with Industry
Rehab Act Rehabilitation Act of 1973,
as amended
RRCEP Regional Rehabilitation Contin-
uing Education Programs
RSA Rehabilitation Services Admin-
istration
RSA-227 CAP Annual Report Form
required by RSA
SD Severely Disabled
SILC State Independent Living
Council
SPIL State Plan for Independent
Living
SRC State Rehabilitation Council
(formerly State Rehabilitation
Advisory Council)
TASC Training and Advocacy Support
Center
TWWIIA Ticket to Work and Work
Incentive Improvement Act
USC United States Code
VR Vocational Rehabilitation
WIA Workforce Investment Act
Act (The)
References throughout this document to
the Act are referring to the Rehabilitation
Act of 1973, as amended.
See the 1998 version of the Rehabilita-
tion Act of 1973, as amended, (includ-
ing technical amendments of 1998) in
Section 2.
The full statute is codified into law at 29
U.S.C. chapter 16, sections 701 – 796l.
Title I of the Act, which contains the voca-
tional rehabilitation provisions, is codified
into law at 29 U.S.C. sections 720 – 751.

ADA and CAP
Federal regulations at 34 C.F.R. §§
370.1(c) and 370.4(a)(2) authorize CAP
agencies to advise clients and client-
applicants of all benefits available to them
under various Federal and State programs,
including the ADA, and their rights and re-
sponsibilities in connection with those bene-
fits. However, because of the limits placed
on CAP agencies under Section 112 of the
Rehab Act, CAP agencies may not assist a
client or client-applicant in pursuing their
rights or benefits under the ADA unless
those rights or benefits are related to ser-
vices provided under the Rehabilitation Act
of 1973, as amended.
If the ADA-related issue does not relate to
services under the Rehab Act, the CAP
may refer the individual to the appropriate
Federal agency responsible for enforce-
ment of the ADA provisions (e.g., the U.S.
EEOC for employment issues and the
U.S. Department of Justice for public ac-
commodation issues).
Administering
Agency for CAP
CAP is administered by the Rehabilitation
Services Administration (RSA), within the
Office of Special Education and Rehabi-
litative Services (OSERS) of the U.S. De-
partment of Education (DOE).
The RSA Central Office is responsible for:
 computing allotment/reallotment of
funds under Section 112;
 issuing grant awards to designated
3
CAP agencies based upon receipt of


signed state assurances;
issuing policy and guidance materials;
revising the Annual CAP Report (RSA-
227), including the reporting form and
the instructions for completing it;
 gathering statistics from individual
CAP programs and preparing national
summaries of statistical data for inclu-
sion in RSA's annual report to Con-
gress; and
 promulgating regulations implement-
ing sections of the Act.
See also – Monitoring of CAP Agencies;
RSA; Regional Offices (RSA)
Advocacy
As a result of the 1992 amendments to the
Act, the term "advocacy" was added for the
first time to Section 112(a) of the Act. CAPs
are now authorized to provide advocacy on
behalf of individuals with disabilities.
As defined in the regulations governing
CAP, "advocacy means pleading an indi-
vidual's cause or speaking or writing in
support of an individual. Advocacy may be
formal (as in the case of a lawyer
representing an individual in a court of law
or in a formal administrative proceeding) or
informal (as with a lawyer or non-lawyer
representing an individual in negotiations,
mediation, or informal administrative pro-
ceedings), and may be in relation to:
(1) A single individual, in which case
it is Aindividual advocacy@;
(2) More than one individual or a
group or class of individuals, in
which case it is Asystems (or
systemic) advocacy@; or
(3) Oneself, in which case it is Aself
advocacy.@ [34 C.F.R. § 370.6(b)].

Advocacy Standards
The following is taken from the Standards
for Advocacy Programs Serving People
with Developmental Disabilities and
People with Mental Illness. Originally de-
veloped by a workgroup, these standards
were later adopted by the NDRN Board of
Directors for encouraged use by all
P&A/CAP agencies.
Principles
The following principles govern the way in
which advocacy services are organized
and delivered:
1. People with disabilities share with all
citizens of the United States and its
territories, basic human, legal, and
civil rights.
2. The primary role of advocates is to
establish, expand, protect, and en-
force the human, legal, and civil
rights of people with disabilities.
3. The role of the advocate is to inform
the client about options, assist the
client to express preferences, and
ensure that these preferences are
heard and vigorously pursued within
the scope of the law.
4. Advocacy efforts are sensitive and
responsive to the unique needs of in-
dividuals from diverse ethnic, racial,
and cultural backgrounds.
5. Advocates appreciate the realities
that confront clients and take mea-
ningful direction from clients.
6. Advocacy programs are accessible
and reasonably available to the plac-
es where people live and work.
7. The availability of advocacy services
is known to potential clients; the loca-
4
tion of services is physically accessi-
ble; and the program possesses the
resources necessary to communicate
with its clients.
8. When a decision or meaningful choice
cannot be or is not expressed by a
client, or when consent is not availa-
ble from or provided by a client or le-
gally authorized substitute, advocates
safeguard and advance the human,
legal, and civil rights of the person
with a disability in a way that does not
limit the client's options for choice.
9. Advocates assist people with disabili-
ties to speak for themselves regard-
ing their personal, programmatic, and
service goals and desires.
10. Advocates seek access to, and partic-
ipate in, forums such as state rule-
making, state planning, and legislative
and policy development processes
that affect the rights and opportunities
for people with disabilities.
11. Advocacy programs are accountable
to the people they represent; such
accountability is reflected in the poli-
cies and practices of the program, as
well as in the ethnic, racial, cultural,
and consumer composition of the go-
verning authority and staff.
12. Advocates employ multiple means of
action and redress, such as individual
and class representation; legislative
and other systemic advocacy; train-
ing; and consumer education.
13. Advocacy programs are administra-
tively independent and physically sep-
arate from service providers and state
agencies responsible for the provision
of services to persons with disabilities.
14. Advocacy priorities include the spe-
cial concerns of people in segregated
settings and promote opportunities
for integration in work, education, lei-
sure, and housing.
15. Advocacy resources and priorities
address the human, legal, and civil
rights of those individuals in the
greatest jeopardy and with the great-
est needs.
16. Advocacy efforts recognize and pro-
mote the right to a range of appropriate
and humane treatment and habilitation.
Values and Philosophy
Advocacy for persons with disabilities is
based on the following values:
EQUALITY, EQUITY, AND FAIRNESS:
People with disabilities are full and equal
citizens under the law. They are entitled
to equal access to the opportunities af-
forded to all members of the society.
People with disabilities are entitled to be
free from abuse, neglect, exploitation,
discrimination, and isolation, and to be
treated with respect and dignity.
MEANINGFUL CHOICE & EMPOWER-
MENT: People – regardless of type or
level of disability or age – have the right
to make choices with respect to daily rou-
tines and major life events.
SUPPORTS AND PARTICIPATION: Ser-
vices and supports are shaped by the unique
needs and preferences of each individual,
and assure opportunities for integration in all
aspects of life. Services are age-appropriate
and premised on the fact that people with
disabilities continue to learn, grow, and de-
velop throughout their lives. For children,
such growth is best accomplished within
families, and for adults, in integrated com-
munities rather than institutions.
INDEPENDENCE: Services are based on
equal access, peer support, and self-
determination to be achieved through in-
dividual, professional and system advo-
cacy. Services must maximize leadership,
independence, productivity, and integra-
tion of individuals with disabilities.
5
CULTURAL COMPETENCY: People with
disabilities shall be included in all activities
undertaken by the Network and P&A/CAP
staff. Boards and services should reflect
the diverse cultural, ethnic, racial, and dis-
ability diversity of their state.
RESOURCE GENERATION: P&As/CAPs
will be leaders in public policy that has a
positive impact on the lives of children
and adults with disabilities and their fami-
lies. P&As/CAPs will work to enhance
their resources to provide high-quality le-
gal and advocacy services to people with
disabilities.
Affirmative Action
Requirement
Based on requirements found in section
101(a)(6)(B), each VR agency and com-
munity rehabilitation program must devel-
op and implement an affirmative action
plan to employ and advance in employ-
ment qualified individuals with disabilities
covered by the same terms and conditions
as set forth in Section 503 of the Act. This
plan must provide for specific action steps,
timetables, and complaint and enforce-
ment procedures necessary to assure af-
firmative actions. [34 C.F.R. § 361.19]. The
Centers for Independent Living are also
required to take similar affirmative action
steps under section 704(m)(2).
American Indian VR
Services
Section 121 of the Rehab Act authorizes
grants to provide VR services to Ameri-
can Indians (sic) with disabilities who re-
side on or near Federal or State reserva-
tions to prepare them for employment.
Applications for these discretionary grants
may be made only by the governing bo-
dies of Indian Tribes and Consortia of
those governing bodies located on or
near such reservations. Alaskan native
groups are included in the definition of
Indian Tribe. Projects may not be funded
for more than five years; however, the Act
requires that priority be given for the con-
tinuation of projects previously funded.
As of September 2003, grants have been
awarded to 69 Native American tribes in
21 states. Projects are operating in AK;
AZ; CA; CO; CT; GA; ID;KS; LA; MI; MN;
MS; MT; NV; NM; NY; NC; ND; OK; OR;
SD; WA; WI; and WY.
Allowable costs under this program in-
clude expenditures for services reflecting
the cultural background of those being
served, including treatment provided by
Native healing practitioners.
When the program cannot provide servic-
es to all eligible American Indians with
disabilities who apply, the program must
specify an order of selection.
Appeal and Hearing
Rights
Anyone seeking or receiving VR services
who is dissatisfied with a determination
made by personnel of the State VR agen-
cy has a right to appeal any decision or
action that affects the provision of VR
services.
State VR agencies are required to have in
place due process procedures by which
an individual can appeal an agency deci-
6
sion with which the individual disagrees,
including the right to pursue mediation.
The agency must notify the individual of
the reasons for the decision, the right to
appeal, and the availability of the CAP.
[Section 102(c)(6); 34 C.F.R. § 361.57(b)(1)].
The Director of the State VR agency must
establish procedures governing appeals,
which must include the right to an admin-
istrative hearing before an impartial hear-
ing officer (IHO). [Section 102(c)(2)]. In ad-
dition, each state shall ensure that proce-
dures are established and implemented
to allow parties to resolve disputes
through a mediation process that shall be
available whenever a hearing is re-
quested. [Section 102 (c)(4)]
The individual has the right to be
represented at the hearing or mediation
session by an attorney or other repre-
sentative/advocate. [Section 102 (c)(3)(B)]
Both the individual and the agency can
present evidence and cross examine wit-
nesses. [Section 102 (c)(3)(A); 34 C.F.R. '
361.57(b)(3)]
According to the 1998 amendments to the
Act, the IHO's decision is final except that
a party may request an impartial review
(by a reviewing official) if the state has
established procedures for such review. A
party may also bring a civil action in state
or federal court for review.
See also – Civil Action; Due Process; Med-
iation Requirements; Overturning or Mod-
ifying an IHO Decision; Review of IHO De-
cision; and Reviewing Official
Assessment for
Determining VR Needs
Once an individual has been determined
eligible for VR services, VR must first use
existing data obtained during the eligibility
determination process to develop the
employment goal and VR services
needed to achieve the goal to be included
in the IPE. If the existing data is insuffi-
cient, the state VR unit must undertake a
comprehensive assessment of the
“unique strengths, resources, priorities,
concerns, abilities, capabilities, interests,
and informed choice” of the individual to
identify the rehabilitation needs and the
goals, objectives, nature, and scope of
VR services to be included in the individ-
ual's IPE. [34 C.F.R. § 361.45(f)(2)]
See also – Individualized Plan for Employ-
ment (IPE)
Assistive Technolo-
gy Device
According to the Rehab Act, assistive
technology device has the meaning given
to the term in the Assistive Technology Act
of 1998 [see 29 U.S.C. § 2003(3) and (4)].
Under the Assistive Technology Act, an
assistive technology device means any
piece of equipment or product system,
whether acquired commercially, modified,
or customized, that is used to increase,
maintain, or improve the functional capa-
bilities of a person with a disability. [Section
7(3); 34 C.F.R. ' 361.5(b)(7)]
See also – Assistive Technology Services;
Rehabilitation Technology
7
Assistive Technolo-
gy (AT) Services
Under the Rehab Act, assistive technology
service has the same meaning given the
term under the Assistive Technology Act of
1998: any service that assists an individual
with a disability in the selection, acquisition,
or use of an assistive technology device
[see 29 U.S.C. § 2002(3) and (5)].
It includes evaluations, acquiring, adapt-
ing, maintaining, repairing, or replacing
AT devices. It also includes training and
technical assistance for professionals, in-
dividuals with disabilities, or, where ap-
propriate, the families of such individuals.
[Section 7(4); 34 C.F.R. § 361.5(b)(8)]
See also: Assistive Technology Devices;
Rehabilitation Technology
Authorization for
VR Services
Each state designed VR unit must estab-
lish procedures related to the timely au-
thorization of services including any con-
ditions under which verbal authorization
can be given. Such services will be pro-
vided in accordance with the provisions of
the Individualized Plan for Employment
(IPE). [34 C.F.R. § 361.50(e)]
See also – Individualized Plan for Em-
ployment (IPE)

Authorized CAP
Activities
Funds made available to CAP under Sec-
tion 112 of the Rehab Act, as amended,
must be used for activities consistent with
the purpose of the Program. These activi-
ties, as contained in the CAP Federal
Regulations, include:
$ Advising and informing clients, client-
applicants, and individuals with dis-
abilities in the State, especially indi-
viduals with disabilities who have tra-
ditionally been unserved or under-
served by vocational rehabilitation
programs, of:
(I) All services and benefits available
to them through programs autho-
rized under the Act; and
(ll) Their rights in connection with
those services and benefits;
$ Informing individuals with disabilities in
the State, especially individuals with
disabilities who have traditionally been
unserved or underserved by vocation-
al rehabilitation programs, of the ser-
vices and benefits available to them
under Title I of the ADA (regarding
rights in employment);
$ Upon the request of a client or client-
applicant, assisting and advocating on
behalf of a client or client-applicant in
his or her relationship with projects,
programs, and services under the Act
by engaging in individual or systemic
advocacy and pursuing, or assisting
and advocating on behalf of a client or
client-applicant to pursue legal, ad-
ministrative, and other available re-
medies, if necessary:
8
(I) To ensure the protection of the
rights of a client or client-applicant
under the Act; and
(ll) To facilitate access by individuals
with disabilities and individuals
with disabilities who are making
transition from public school pro-
grams to services funded under
the Act; and
$ Providing information to the public
concerning CAP.
In providing assistance and advocacy
services under Section 112 with respect
to services under Title I of the ADA, CAP
may provide assistance and advocacy
services with respect to services that are
directly related to facilitating the employ-
ment of the individual. [Section 112(a); 34
C.F.R. § 370.4]
Automatic Determi-
nation of SSI/SSDI as
AIndividuals with Sig-
nificant Disabilities@
The 1998 Amendments to the Rehab Act
simplified and streamlined eligibility de-
terminations by establishing presumptive
eligibility for individuals with disabilities
who are recipients of Supplemental Secu-
rity Income (SSI) or beneficiaries of Social
Security Disability Insurance (SSDI) pay-
ments and who intend to achieve an em-
ployment outcome.
Section 102(a)(3)(A)(ii) of the Act stipulates
that an SSDI beneficiary or SSI recipient is
to be considered an individual who meets
all of the elements of the definition of the
term Aindividual with a significant disability@
in section 7(21)(A) of the Act. Such individ-
uals are to be automatically considered to
be individuals with significant disabilities. [34
C.F.R. § 361.42(a)(3)]
See also – Individual with a AMost Signifi-
cant Disability@; and Presumptive Eligibility
(of SSDI/SSI Recipients)
Blind VR Agencies
In order to meet the definition of legal
blindness, one=s visual acuity in the best
eye must be no better than 20/200 with-
out correction, or one must have a visual
field restriction of 20 degrees or greater.
Twenty-four states have separate VR
agencies responsible for serving individu-
als whose visual impairment meets the
definition of legal blindness. These agen-
cies – sometimes known as Commissions
for the Blind – have a similar purpose to
the general VR agency and provide ser-
vices consistent with Title I of the Act, as
amended.
States with separate blind agencies as of
October 2007 include: AR, CT, DE, FL,
IA, ID, KY, MA, ME, MI, MN, MO, NC, NE,
NJ, NM, NY, OR, SC, SD, TX, VA, VT,
and WA.
Case Record Devel-
opment (by CAPs)
Since every client-directed activity beyond
the provision of basic information and refer-
ral services should result in the opening of a
CAP case record and the maintenance of
some basic client information, a case re-
cording system should be developed by
each CAP agency and initiated every time a
9
CAP case is opened. Every CAP case
record should include basic identifying in-
formation, including: name; address; tele-
phone number (if available); age; sex; race;
and major disabling condition. In order to
meet RSA's annual reporting requirements
for CAP, the case record should also in-
clude information on the covered agency
from which the client or client-applicant is
seeking or receiving services; the nature of
the problem; the CAP services provided to
the client; and information about case reso-
lution.
A few basic components for keeping case
records include:
A) Confidentiality of client information;
B) Determining the source of the client=s
concern;
C) Identifying courses of action;
D) Maintaining case notes on actions
taken on behalf of the client in case
files;
E) Recording financial expenditures;
F) Case closure; and
G) Recording a closure statement.
Centers for
Independent Living
The purpose of this RSA-funded program
is to provide funds to consum-
er-controlled, community-based, cross-
disability, non-residential, private nonprof-
it organizations for the establishment and
operation of Centers for Independent Liv-
ing (CILs), sometimes also referred to as
Independent Living Centers (ILCs).
CILs are programs or services for individ-
uals or groups of individuals with signifi-
cant disabilities that promote indepen-
dence, productivity, and quality of life.
States (DSUs and governor-appointed,
consumer-controlled Statewide Indepen-
dent Living Councils) develop and sign
three-year State plans for independent
living based upon plans from local CILs.
These State plans guide the development
and provide consistency in the operation
of CILs and the provision of independent
living services in each State.
The CIL program, funded with money au-
thorized under Title VII of the Rehab Act,
supports over 336 CILs nationally with at
least one CIL in every State, the District
of Columbia, U.S. Virgin Islands, Puerto
Rico, and American Samoa.
Annually, over 212,000 individuals with
significant physical and mental disabilities
receive direct services from CILs. Many
other individuals benefit from the results of
successful systems advocacy to increase
the availability and quality of community
options for independent living and the ca-
pacity of communities to meet the needs
of individuals with significant disabilities.
Applicants for funds to CILs must assure
that the majority of the staff and individu-
als in decision-making positions (e.g. go-
verning board members) are individuals
with disabilities. [Section 725(c)(6)]
See also – Independent Living Services;
RSA-IM-02-05 (independent living questions
and answers)
Certified Rehabilita-
tion Counselor (CRC)
Code of Ethics
The Commission on Rehabilitation Coun-
selor Certification (CRCC) sets the stan-
dard for quality rehabilitation counseling
10
services in the U.S. and Canada, and is
the accepted standard for Aqualified reha-
bilitation counselor@ as defined in the Re-
hab Act. As an independent, nonprofit or-
ganization, CRCC has certified more than
35,000 counselors since its incorporation
in 1974.
CRCC adopted a Code of Professional
Ethics for its Certified Rehabilitation
Counselors, effective January 1, 2002.
The standards of this mandatory code are
intended to assure the community that
the rehabilitation counseling profession
accepts its responsibility to provide caring
service to persons with disabilities.
The Code is included in Section 8 of the
CAP/VR Encyclopedia and Resource
Manual, and is available, along with more
information on the CRCC, at
www.crccertification.com.
See also – Ethics in Rehabilitation Coun-
seling
Choice References
in the VR Process
The statement of "findings" for the entire
Rehab Act notes that disability is a natural
part of the human experience and in no
way diminishes the right of individuals to –
A)
B)
C)
live independently;
enjoy self-determination;
make choices;
D) contribute to society;
E) pursue meaningful careers; and
F) enjoy full inclusion and integration in
the economic, political, social, cultural,
and educational mainstream of Amer-
ican society.
[Section 2(a)(3)]
The policy of the United States is that all
programs, projects, and activities receiving
assistance under this Act shall be carried
out in a manner consistent with the prin-
ciples of respect for individual dignity; per-
sonal responsibility; self-determination;
and pursuit of meaningful careers, based
on informed choice, of individuals with dis-
abilities. [Section 2(c)(1)].
It is further the purpose of Title I of the
Act to assist States in operating statewide
comprehensive, coordinated, efficient,
and accountable VR programs , each of
which is designed to assess, plan, devel-
op, and provide VR services for individu-
als with disabilities consistent with their
strengths, resources, priorities, concerns,
abilities, capabilities, interests, and in-
formed choice, so that such individuals
may prepare for and engage in gainful
employment. [Section 100(a)(2)(B)].
The statement of Policy for Title I states
that “individuals who are applicants for
programs or eligible to participate in pro-
grams must be active and full partners in
the VR process, making meaningful and
informed choices
during assessments for determining
eligibility and VR needs; and
in the selection of employment out-
comes, and the services needed to
achieve the outcomes, entities pro-
viding such services, and the me-
thods used to secure such services.”
[Section 100(a)(3)(C)].
State Plans must include an assurance
that applicants and eligible individuals or,
as appropriate, the applicants= represent-
atives or individuals= representatives, will
be provided information and support ser-
vices to assist the applicants and individ-
uals in exercising informed choice
throughout the rehabilitation process,
consistent with the provisions of section
102(d) of the Act. [Section 100(a)(19)].
11
Individualized Plans for Employment
(IPE) shall be developed and imple-
mented in a manner that affords eligible
individuals the opportunity to exercise in-
formed choice in selecting an employ-
ment outcome, the specific VR services to
be provided under the plan, the entity that
will provide the VR services, and the me-
thods used to procure the services. [Sec-
tion 102(b)(2)(B)]
In addition, section 102(d) requires each
DSA to develop and implement written
policies and procedures that enable indi-
viduals seeking and receiving VR services
to exercise informed choice throughout
the process, including evaluation and as-
sessment. Subsection (3) requires each
DSA to develop and implement Aflexible
procurement policies and methods that
facilitate the provision of services, and
that afford eligible individuals meaningful
choices among the methods used to pro-
cure services@ funded under Title I of the
Act. Subsection (4) requires each DSA to
develop and implement policies and pro-
cedures Ato provide and assist eligible in-
dividuals in acquiring information that
enables those individuals to exercise in-
formed choice@ in the selection of an em-
ployment outcome, the VR services
needed to achieve that outcome, the enti-
ty to provide those services, the employ-
ment setting and setting in which the ser-
vices will be provided, and the methods
available for procuring the services.
Informed choice is again mentioned in
Sec. 103(a), Vocational Rehabilitation
Services for Individuals, which defines VR
services as any services Adescribed in the
individualized plan for employment ne-
cessary to assist an individual with a dis-
ability in preparing for, securing, retaining,
or regaining an employment outcome that
is consistent with the strengths, re-
sources, priorities, concerns, abilities, ca-
pabilities, interests, and informed choice
of the individual.@ Within the list of VR
services for individuals, counseling and
guidance is listed to include Ainformation
and support services to assist an individ-
ual in exercising informed choice consis-
tent with the provisions of section 102(d).@
On January 17, 2001, RSA issued a Policy
Directive (RSA-PD-01-03) on Implement-
ing Informed Choice. This directive indi-
cates that informed choice is a decision-
making process that occurs throughout the
individual=s experience with the VR pro-
gram and should ensure that individuals:
make decisions related to the assess-
ment process and to selection of the
employment outcome and the settings
in which employment occurs, vocational
rehabilitation services, service provid-
ers, the settings for service provision,
and the methods for procuring services;
have a range of options from which to
make these decisions or, to the extent
possible, the opportunity to create
new options that will meet the individ-
ual=s specific rehabilitation needs;
have access to sufficient information
about the consequences of various
options;
have skills for evaluating the informa-
tion and for making decisions, or, to
the extent possible, the opportunity to
develop such skills or support and as-
sistance in carrying out these func-
tions;
make decisions in ways that reflect
the individual=s strengths, resources,
priorities, concerns, abilities, capabili-
ties, and interests; and
take personal responsibility, to the ex-
tent possible, for implementing the
chosen options.
12
For the regulations on informed choice,
see 34 C.F.R. § 361.52.
Civil Action
Any party aggrieved by a final decision is-
sued by the IHO – or a state reviewing offi-
cial if the state has adopted this procedure
– may bring a civil action for review of such
decision. The action may be brought in any
State court of competent jurisdiction or in a
district court of the United States of compe-
tent jurisdiction without regard to the
amount in controversy. The procedures for
bringing a review are described in section
102(C)(5)(J)(ii) and 34 C.F.R. § 361.57.
There are several procedural landmines
that exist in taking a civil action for a re-
view of an IHO or state reviewing officer‟s
decision. Please review the litigation chap-
ter in Section 5 for further information.
See also Due Process; Overturning or
Modifying an IHO Decision; Review of IHO
Decision; and Reviewing Officials
Class Action
Prohibition
While CAPs may engage in "systems (or
systemic) advocacy" on behalf of a group or
class of individuals, they cannot use funds
appropriated under Section 112 of the Act
to file a formal "class action" suit in a state
or federal court. [34 CFR 370.6(b)(3)].
Class action means a formal legal suit on
behalf of a group or class of individuals filed
in a Federal or State court that meets the
requirements for a "class action" under
Federal or State law. "Systems (or system-
ic) advocacy" that does not include filing a
formal class action in a Federal or State
court is not considered a class action for
purposes of this part. [34 CFR 370.6(b)].
See also – Legal Remedies
Clear and Convinc-
ing Evidence
An individual who meets the other require-
ments for eligibility for VR services under
the Rehab Act is presumed to be able to
benefit from VR services in terms of achiev-
ing. The VR agency can overcome this pre-
sumption by showing through “clear and
convincing” evidence that the individual
could not benefit from VR services because
of the severity of the disability.
The clear and convincing evidence stan-
dard [is] the most demanding standard
applied in civil cases. Evidence is clear
and convincing when it
"produce[s] in the mind of the trier
of fact a firm belief or conviction as
to the truth of the allegations
sought to be established, evidence
so clear, direct, weighty and con-
vincing as to enable [the fact find-
er] to come to a clear conviction,
without hesitancy, of the truth of
the precise facts in issue…” Evi-
dence may be uncontroverted, and
yet not be ‟clear and convinc-
ing„...Conversely evidence may be
‟clear and convincing„ despite the
fact that it has been contradicted.
In re Martin, 450 Mich. 204; 538 N.W. 2d 399
(1995) quoting In re Jobes, 108 NJ 394, 407,
408 (1987)].
A note to the federal regulations after 34
13
C.F.R. § 361.42 clarifies that a VR agen-
cy must have a high degree of certainty
before it can conclude that an individual is
incapable of benefitting from services in
terms of an employment outcome. “The
term clear means unequivocal.” Given
these requirements, a review of existing
information generally would not provide
clear and convincing evidence.
For example, the use of an intelli-
gence test result alone would not
constitute clear and convincing evi-
dence. Clear and convincing evi-
dence might include a description of
assessments, including situational
assessments and supported em-
ployment assessments, from service
providers who have concluded that
they would be unable to meet the
individual's needs due to the severity
of the individual's disability. The
demonstration of „clear and convinc-
ing evidence‟ must include, if appro-
priate, a functional assessment of
skill development activities, with any
necessary supports (including assis-
tive technology), in real life settings.
[See note after 34 C.F.R. § 361.42 citing to
Senate Report No. 357, 102d Cong., 2d.
Sess. 37-38 (1992)],
Client or Client-
Applicant
Client or client-applicant means an indi-
vidual receiving or seeking services under
the Act, respectively.
For purposes of this definition, an individ-
ual does not become a client or client-
applicant merely by receiving Ainformation
and referral@ from the designated state
VR agency. [34 C.F.R. § 370.6(b)].
Closure Procedures
for Ineligible Individuals
If agency personnel determine that an
applicant is ineligible for VR services or
determines that an individual receiving
services under an IPE is no longer eligible
for services, the State unit must make the
determination only after providing an op-
portunity for full consultation with the indi-
vidual or, as appropriate, with the individ-
ual's representative. The individual must
be informed of the ineligibility determina-
tion in writing, including the reasons for
that determination, and the means by
which the individual may seek a remedy
for any dissatisfaction, including a de-
scription of services available from the
CAP.
Additionally, the VR agency is required to
1) Refer the individual to other training or
employment-related programs that are
part of the One-Stop service delivery
system under the Workforce Invest-
ment Act; and
2) review within 12 months, and annually
thereafter if requested by the individu-
al or, if appropriate, by the individual's
representative, any ineligibility deter-
mination 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 in-
dividual's medical condition is rapidly
progressive or terminal. [34 C.F.R. §
361.43].
14
Closure Require-
ments for Individuals
Achieving an
Employment Outcome
The record of services of an individual who
has achieved an employment outcome may
be closed only if the individual has achieved
the employment outcome described in the
their IPE and this is consistent with their
strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed
choice; and in the most integrated setting
possible, consistent with the individual's in-
formed choice. In addition, the employment
outcome must be maintained for an appro-
priate period of time, but not less than 90
days; the individual no longer needs VR
services; the individual and the qualified re-
habilitation counselor employed by the des-
ignated State VR unit consider the em-
ployment outcome to be satisfactory and
agree that the individual is performing well
in the employment; and the individual is in-
formed through appropriate modes of
communication of the availability of
post-employment services. [34 C.F.R. §
361.56].
Closure Without an
Eligibility Determination
The State unit may not close an appli-
cant's record of services prior to making
an eligibility determination unless the ap-
plicant declines to participate in, or is un-
available to complete an assessment for,
determining eligibility and priority for ser-
vices, and the State unit has made a rea-
sonable number of attempts to contact
the applicant or, if appropriate, the appli-
cant's representative to encourage the
applicant's participation. [Sections 12(c)
and 101(a)(6)(A); 34 C.F.R. § 361.44].
Community Rehabili-
tation Programs (CRP)
The term "community rehabilitation pro-
gram" means a program that provides di-
rectly or facilitates the provision of VR
services to individuals with disabilities,
and that provides, singly or in combina-
tion –
(A) medical, psychiatric, psychological,
social, and vocational services that
are provided under one management;
(B) testing, fitting, or training in the use of
prosthetic and orthotic devices;
(C) recreational therapy;
(D) physical and occupational therapy;
(E) speech, language, and hearing therapy;
(F) psychiatric, psychological, and social
services, including positive behavior
management;
(G) assessment for determining eligibility
and vocational rehabilitation needs;
(H) rehabilitation technology;
(I) job development, placement, and re-
tention services;
(J) evaluation.
Comparable Services
and Benefits
Comparable services and benefits means
services that are provided or paid for in
whole or in part by other Federal, state, or
local agencies and are available to the indi-
15
vidual at the time needed to further the
progress of the individual towards achieving
his/her identified employment outcome.
The state plan shall include an assurance
that prior to providing any VR services, the
state agency will determine whether com-
parable services and benefits are available
under any other program unless such a de-
termination would interrupt or delay:
$ the progress of the individual toward
achieving the employment outcome
identified in the IPE,
$ an immediate job placement;
$ the provision of service to any indi-
vidual at extreme medical risk.
[Section 101(a)(8)(A)(I)]
Services exempt from the determination
of comparable benefits and services in-
clude assessment for determining eligibili-
ty and VR needs; counseling and guid-
ance, including information and support
services to assist an individual in exercis-
ing informed choice; referral and other
services to secure needed services (from
other agencies through agreements if not
available under this title); job-related ser-
vices, including job search and placement
assistance, job retention services, follow-
up services, and follow-along services;
and rehabilitation technology, including
telecommunications, sensory, and other
technological aids and devices. [Section
101(a)(8)].
Amendments in 1998 to the Rehab Act
added a new requirement that the Gover-
nor, in consultation with the designated
State VR agency and other appropriate
agencies, develop interagency agreements
or other mechanisms for interagency coor-
dination between the designated State VR
unit and any public entity, such as the State
Medicaid program, a public institution of
higher learning, or a component of the
State workforce investment system to en-
sure the identification of the financial re-
sponsibility for providing such services not
exempted by the Act. If a public entity is ob-
ligated under Federal or State law to pro-
vide or pay for any services that are also
considered to be VR services, such an enti-
ty shall fulfill that obligation. If they fail to do
so, the VR agency shall provide the service
and then may claim reimbursement from
the public entity based on the conditions
and procedures for reimbursement in the
written interagency agreement. [Section
101(a)(8)(B); 34 C.F.R. § 361.53 (d) and (e)].
See also – Funding for Post Secondary
Education
Competitive
Employment
Competitive employment means work in
the competitive labor market that is per-
formed on a full-time or part-time basis in
an integrated setting for which the indi-
vidual is compensated at or above mini-
mum wage, but not less than the custo-
mary and usual wage paid by an employ-
er for the same or similar work performed
by individuals who are not disabled. [34
C.F.R § 361.5(b)(11)].
See also – Employment Outcome; Job
Goal; and Integration Emphasis
Confidentiality
Individuals who seek VR and/or CAP ser-
vices are entitled by Federal law to have
their personal information kept confidential.
This means that neither the VR agency nor
the CAP can release personal information
about the individual – such as name, ad-
dress, phone number, photographs,
16
records, or social security numbers – to an-
yone else unless the individual has given
written consent for such a release. This also
means that VR and CAP must use the per-
sonal information they obtain about the in-
dividual only for their own purposes, unless
otherwise required by law or the individual
has given written consent. [34 C.F.R. §
361.38 (VR agencies) and 34 C.F.R. § 370.48
(CAP)].
See also – Release of Information
Conflict of Interest
There are several sections involving con-
flict of interest by CAP employees and
State Rehabilitation Council (SRC) mem-
bers on issues involving: 1) CAP em-
ployees working with other agencies re-
ceiving federal funds under the Rehab
Act.; 2) CAP employees serving as me-
diator; 3) SRC members and staff.
First, with the exception of CAPs that were
designated to service-providing agencies
based on the 1984 "grandfather clause" in
section 112(c)(1)(A), an employee of a
designated CAP agency cannot, while so
employed, serve as a staff member of, or a
consultant to, any rehabilitation program,
project, or facility in the state which is re-
ceiving federal assistance under the Re-
hab Act. [34 C.F.R. § 370.41(a)(1)]. In addi-
tion, since the 1992 amendments to the
Act established the Protection and Advo-
cacy of Individuals Rights (PAIR) Program
as a formula grant program, any entity or
individual who carries out any CAP duties
or responsibilities while so employed shall
not "provide any services under the Act,
other than CAP and PAIR services." [34
C.F.R. § 370.41(a)(2)].
Second, an employee of a CAP agency
cannot serve as a mediator in a dispute
between an individual and the state VR
agency unless the CAP employee is not
currently assigned to advocate for or
represent the individual, and has never
been involved in any way with representing
or advocating for the individual involved in
the mediation. [34 C.F.R. § 370.43(b)].
As a best practice, and to avoid even the
appearance of a conflict in other cases, it
is advised that a CAP employee never
serve as a mediator in a case involving a
VR agency or a CIL.
Third, there is a conflict of interest provi-
sion in Section 105 that establishes the
requirements for the SRC. Section 105(e)
states that Ano member of the Council
shall cast a vote on any matter that would
provide direct financial benefit to the
member or otherwise give the appearance
of a conflict of interest under State law.@
Section 105(d)(4) further prohibits staff
and personnel assisting the SRC from be-
ing assisted in duties by any state agency
including VR which would create a conflict
of interest.
See also – Designation of CAP Agency
Consumer Respon-
sibilities in the Reha-
bilitation Process
There are a number of responsibilities
that a consumer should be willing to ac-
cept to promote success in the rehabilita-
tion process. Those responsibilities in-
clude being willing to:
! Be an active participant in his/her own
rehabilitation – a true partnership of
skilled counselor and informed con-
sumer.
17
! Be open to visions of what is possible
in lifelong careers, rather than settling
for less.
! Be trained in problem solving by
counselors who encourage them to
make informed choices among
agreed-upon options.
! Choose to include family, advocates, or
service providers in identifying options.
! Be a self-advocate for access and eq-
uity in services and for culturally sensi-
tive counseling, language, and infor-
mation.
! Be an active partner in helping identify
options.
! Educate his/her counselor about
his/her talents, strengths, values, re-
sources, concerns, and career dreams
as starting points to explore.
! Identify his/her own barriers in making
informed choices.
! Identify and explore a range of career
options.
! Prioritize viable options based on what
is best for him/her.
! Learn to offset barriers through tech-
nology, natural supports, and reason-
able accommodations
! Make informed career choices consis-
tent with identified strengths, re-
sources, and abilities.
! Understand that he/she can disagree
with his/her counselor and present
additional information.
! Learn the skills needed to keep and
advance in employment on his/her
own in the future without the assis-
tance of a counselor.
! Take ownership of decisions once
they are made.
! Learn to become an active partner, if
 not already prepared to be one.
! Recognize that the universe of choic-
es is not infinite and that the counse-
lor may need to say "no.”
Other Specific Consumer responsibil-
ities in the rehabilitation process may
include:
! Financial Participation – State policy
may require consumers to assist in
paying for their rehabilitation and to
make every effort to locate additional
sources of funding that may be used
to pay for services.
! Satisfactory Performance – Consum-
ers are responsible for doing the best
that they can. If a client is in academic
training, the counselor may want to
see his/her grades.
! Follow-through – Consumers are re-
sponsible for following through on
plans and agreements. It is important
that they know what they are respon-
sible for, as well as their counselor‟s
responsibility.
! Common Courtesies – Consumers are
responsible for keeping appointments
and being on time, or letting someone
know if rescheduling is necessary.
! Keeping in Touch – Consumers
should stay in touch with their counse-
lors and report any changes in ad-
dress, telephone number, medical
condition, or other major changes that
may affect the rehabilitation plan.
18
Continuation of
Service Pending an
Appeal [Status Quo
Provision]
While a decision by a mediator, hearing
officer, or reviewing officer is pending, the
DSU may not institute a suspension, re-
duction, or termination of services being
provided for the individual – including
evaluation and assessment services and
plan development – unless the individual
requests otherwise or the services were
obtained through misrepresentation,
fraud, collusion, or criminal conduct on
the part of the individual or the individual's
representative. [Section 102(c)(7) and 34
C.F.R. § 361.57(b)(4)].
See also – Suspension, Reduction or Ter-
mination of Services During an Appeal
Cooperation,
Collaboration and
Coordination with
Other Programs
The Act – in section 101(a)(11) – consoli-
dates many former statutory requirements
related to the State VR unit cooperating
with other agencies for the provision of
services to individuals. Since some of the
requirements are carried over from former
statutory provisions, the State VR agen-
cies will need to assess their collaboration
activities – including formal interagency
agreements such as those with education
programs responsible for the public educa-
tion of students with disabilities – to ensure
that the already-implemented activities are
consistent with new statutory provisions.
In addition, the statute now requires the
DSU to enter into cooperative agree-
ments with other components of the
statewide workforce investment system
and to replicate the statewide agreements
at the local level between individual offic-
es of the DSU and local entities carrying
out activities through the statewide work-
force investment system. [34 C.F.R. §§
361.23; 361.24 and 361.28].
Cultural Competence D esignated State
Agency (DSA)
Cultural Competence refers to a pro-
gram=s ability to honor and respect those
beliefs, interpersonal styles, attitudes, and
behaviors both of individuals who are
clients and staff who are providing servic-
es. Competence also implies skills which
help to translate these values into action
and behavior within the context of daily
interactions. To do this effectively, there
must be a commitment at the levels of
policy, administration, and practice to
provide services that are consistent with
the cultural beliefs and styles of the indi-
viduals being served.
Becoming culturally competent is a deve-
lopmental process and may be viewed as
a goal towards which programs or agen-
cies can strive. It requires that staff de-
velop an understanding of the way in
which our individual cultural beliefs and
values influence our interpersonal styles,
attitudes, and beliefs. It also requires staff
at all levels of an organization to develop
skills to enable them to work more effec-
tively with individuals from a variety of
ethnic and disability groups.
19
Culturally Competent
Supports
Supports should go beyond simply an
awareness that there are different cultural
perspectives to having a number of so-
phisticated methods for respecting and
infusing preferred cultural references into
each person=s supports.
Designated State agency or State agency
means the sole State agency – designated
according to federal regulatory require-
ments – to administer, or supervise local
administration of, the State plan for VR ser-
vices. The term includes the State agency
for individuals who are blind, if designated
as the sole State agency with respect to
that part of the plan relating to the VR of
individuals who are blind. [Section 7(8)(A) and
101(a)(1)(A); 34 C.F.R. § 361.13(a)].
Designated State
Unit (DSU)
Designated State unit or State unit means
either–
(i) The State agency vocational rehabili-
tation bureau, division, or other orga-
nizational unit that is primarily con-
cerned with vocational rehabilitation or
vocational and other rehabilitation of
individuals with disabilities and that is
 responsible for the administration of
the vocational rehabilitation program
of the State agency; or
(ii) The independent state commission,
board, or other agency that has voca-
tional rehabilitation, or vocational and
other rehabilitation, as its primary func-
tion. [Section 7(8)(B) and 101(a)(2)(B); 34
C.F.R. § 361.13(b)].
Designation of CAP
Agencies
In 1984, when CAP became a formula
grant program, the Governor in each state
and territory was given the responsibility
of designating a public or private agency
to conduct the State's CAP. The Gover-
nor could designate only one agency
within the State to operate the CAP and
that agency had to be independent of any
agency that provided treatment, services,
or rehabilitation to individuals under the
Act. However, a grandfather clause pro-
vided that the Governor could, in the ini-
tial designation done in 1984, designate
such an agency if, at any time before
February 22,1984, the State agency both
(1) served as a CAP under Section 112 of
the Act; and (2) was, at the same time, a
grantee under Section 110 or any other
provision of the Act.
As a result, CAPs around the country were
designated to a variety of agencies. Since
then, there have been a number of CAP
redesignations. In addition, in some states
because of contract arrangements, the
designated CAP agency and the agency
that actually provides CAP advocacy ser-
vices are different. Information regarding
the designation, administration, and provi-
sion of advocacy services for the 56 CAPs
as of September 2007 is as follows:
20
In 26 states and 5 territories, CAP
advocacy services are provided by
the State Protection & Advocacy
(P&A) System. This includes Ore-
gon and DC, where CAP is desig-
nated to a state agency that in turn
contracts with the P&A.
In 8 states and Guam, CAP advoca-
cy services are provided by either a
nonprofit organization other than the
P&A, a law firm, or a for-profit organ-
ization. This includes Alaska and
Maine, where the CAP is designated
to a state agency that contracts with
other organizations to provide advo-
cacy services.
In 14 states, CAP is both desig-
nated to, and advocacy services
are provided by, a state agency.
This includes 7 where CAP is “in-
ternally” designated to the state
VR agency.
In 2 states – New York and Cali-
fornia – CAP advocacy services
and administration are undertaken
by both the designated CAP agen-
cy and contractors. In New York,
all P&A/CAP funds are designated
to a state agency that provides
some advocacy services, but con-
tracts with ILCs, legal services or-
ganizations, and other nonprofit
organizations to provide CAP/P&A
advocacy services. In California,
VR is the designated state CAP
agency that administers the pro-
gram and contracts with ILCs to
provide CAP advocacy services.
See also – Good Cause and Requirements
for Redesignation

Discretion to
Determine Services
to be Provided
CAPs are not obligated to assist an appli-
cant or client when it is determined that the
individual's dispute lacks merit. Although
CAP has the discretion to determine when
it is appropriate to provide services to an
individual, CAP is expected to meet its ba-
sic purpose of assisting applicants and
clients in resolving differences and finding
alternative solutions whenever possible.
The option to exercise discretion is not in-
tended to allow CAPs to systematically
deny the range of services available to in-
dividuals seeking assistance.
See CAP’s Discretion to Determine Servic-
es to be Provided, RSA-PRM 4003- 86-18,
November 21, 1986 in Section 3.
Due Process
The 1998 Amendments to the Act require
that each State establish procedures for
mediation and procedures for review
through an impartial due process hearing
of determinations made by personnel of
the DSU that affect the provision of VR
services to applicants or eligible individu-
als. Applicants and eligible individuals
must be informed of their right to obtain a
review of such determinations, their right
to pursue mediation with respect to such
determinations, and the availability of as-
sistance from CAP. Such notification
must be made in writing when an individ-
ual applies to the State VR program for
services; when the IPE is developed; and
21
upon reduction, suspension, or cessation
of VR services for the individual.
The procedures established to meet the
requirements of this section must, at a min-
imum, provide an opportunity for the appli-
cant or eligible individual, or as appropriate
such individual=s representative, to submit
evidence and information to support the po-
sition of the individual, and allow the indi-
vidual to be represented in the hearing by a
person selected by the individual.
Any due process hearing must be con-
ducted by an impartial hearing officer
(IHO) who is responsible for issuing a de-
cision based on the provisions of the ap-
proved State plan, the Rehab Act (includ-
ing regulations implementing the Act),
and State regulations and policies that
are consistent with federal requirements.
Such decision must be provided to the
applicant or eligible individual or, as ap-
propriate, such individual=s representa-
tive, in writing and to the DSU.
The state unit must maintain a list of qual-
ified IHOs who are knowledgeable in the
laws and regulations relating to the provi-
sion of VR services under Title I of the
Act. Individuals selected to serve as IHOs
shall be identified jointly by the DSU and
the members of the SRC. An IHO shall be
selected to hear a particular case on a
random basis or by agreement between
the Director of the DSU and the individual
requesting the hearing or, as appropriate,
such individual=s representative.
Regulations establish timelines governing
key parts of the impartial hearing process
and the process that may be established
for the review of a decision rendered by
an IHO. For example, a hearing must be
held within 60 days of an individual=s re-
quest for review of a determination, un-
less an informal resolution is reached
prior to the 60th day or the parties to the
dispute agree to a specific extension of
this time. The IHO must render a decision
and provide a full written report of the
findings and grounds for the decision to
the individual and the DSU within 30 days
of the completion of the hearing. These
and other timelines represent essential
protections for individuals with disabilities
and are intended to ensure that issues
related to the provision of VR services are
resolved in a timely fashion. [Section
102(c); 34 C.F.R. § 361.57].
See also – Appeal and Hearing Rights;
Continuation of Services Pending Appeal;
Mediation Requirements; Civil Action; Im-
partial Hearing Officer; Review of IHO De-
cision; Overturning or Modifying an IHO
Decision
Eligibility for CAP
Services
CAP services are authorized only for ap-
plicants/clients of rehabilitation services
and other projects funded under the Act.
This population is defined in the regula-
tions as, "an individual receiving or seek-
ing services under the Act." Individuals
seeking or receiving services under any
project or program funded under the Act,
e.g., community rehabilitation programs,
supported employment projects, inde-
pendent living centers, American Indian
projects funded under section 121, etc.,
would be included in CAP's target popula-
tion. [34 C.F.R. § 370.4(b)].
CAP's available scope of services de-
pends on the individual requesting assis-
tance, as follow:
$ Clients and client-applicants of pro-
grams funded under the Act are eligible
to receive all available CAP services.
22
$ Individuals with disabilities who have
an issue arising under Title I of the
ADA may be eligible for all available
CAP services if the problem is also
connected to a service they are re-
ceiving or seeking from a program
funded under the Act. If not, these in-
dividuals are only eligible to receive in-
formation and referral services about
their rights and services available un-
der the Act and Title I of the ADA.
$ Individuals with disabilities who are
not clients or client-applicants of pro-
grams funded under the Act are eligi-
ble to receive only information and re-
ferral services from CAP regarding
their rights and benefits available un-
der the Act and Title I of the ADA. In
the provision of such information,
CAPs are directed to target individuals
with disabilities who have traditionally
been unserved or underserved by vo-
cational rehabilitation programs.
$ The general public may receive infor-
mation about the activities and re-
sponsibilities of CAP. [see Section
112(a); 34 C.F.R. §§ 370.3 and 370.4].
Eligibility for VR
Services
In order to receive services from a VR
program, an individual must be found eli-
gible. The DSU has responsibility for de-
termining an individual's eligibility for VR
services. In order for an individual to be
determined eligible for VR services, the
individual must first meet the criteria iden-
tified in section 102(a)(1) of the Act.
The first eligibility criteria for VR services is
that the individual must meet the definition
of an "individual with a disability," as speci-
fied in section 7(20)(A) of the Act. This de-
finition has three elements: (1) the individ-
ual must have a physical or mental im-
pairment, which (2) for such individual
constitutes or results in a substantial im-
pediment to employment, and (3) the indi-
vidual can benefit from VR services in
terms of an employment outcome. Under
section 102(a)(2)(A), an individual is pre-
sumed to be able to benefit from VR ser-
vices in terms of an employment outcome
unless the DSU can demonstrate by clear
and convincing evidence that such individ-
ual is incapable of benefitting due to the
severity of the individual=s disability. [34
C.F.R. § 360.42(a)2].
The 1992 amendments to the Act required
the DSU to conduct an Aextended evalua-
tion@ prior to making any determination of
ineligibility based on the severity of a per-
son=s disability. The 1998 amendments
dropped the requirement for an extended
evaluation (although it re-emerged to a
degree in the federal regulations), but the
State VR unit is now require to conduct
trial work experiences prior to making a
determination of ineligibility based on the
severity of a person=s disability. The trial
work period must be used to Aexplore the
individual=s abilities, capabilities, and ca-
pacity to perform in work situations,@ with
appropriate supports provided by the DSU,
except under limited circumstances when
an individual is not able to take advantage
of such experiences. The experiences
must be “of sufficient variety and over a
sufficient period of time to determine the
eligibility of the individual, or to determine
the existence of clear and convincing evi-
dence that the individual” cannot benefit
from VR services to achieve an employ-
ment outcome.
The second criterion for eligibility is that
the individual must require VR services to
prepare for, secure, retain, or regain em-
ployment.
23
Beginning in 1998, Social Security Disabili-
ty Insurance (SSDI) and Supplemental
Security Income (SSI) beneficiaries were
Apresumed eligible” for VR services. To
benefit from this presumption, however,
the SSI or SSDI beneficiary must intend to
achieve an employment outcome. In other
words, an applicant for VR services who is
eligible for SSDI or SSI benefits is eligible
for VR benefits, as long as they intend to
use the VR services to attempt to achieve
employment. The federal regulations pro-
vide that by completing an application for
VR services, the SSDI/SSI beneficiary has
demonstrated intent to achieve an em-
ployment outcome and no additional evi-
dence is needed. As in every case, how-
ever, the designated State VR unit may
find an SSI or SSDI beneficiary ineligible if
the unit can Ademonstrate by clear and
convincing evidence that such individual is
incapable of benefitting in terms of an em-
ployment outcome@ from VR services due
to the severity of the individual=s disability.
[34 C.F.R. § 361.42(a)(3)].
Section 102(a)(4) requires the DSU to
use currently existing information to the
maximum extent possible in making eligi-
bility determinations. In making eligibility
determinations, particular emphasis is to
be placed on using information provided
by education officials and the Social Se-
curity Administration, and by the individu-
al and the individual=s family, as well as
information obtained during the assess-
ment for determining eligibility and VR
needs. [34 C.F.R. § 361.42(d)]
Once an individual has been determined
eligible for VR services, any service to be
provided or funded by the VR agency must
be specified in the IPE. [34 C.F.R. § 361.45].
For an historical perspective of the eligibility
requirements prior to the 1998 amendments,
see also Eligibility for Vocational Rehabilitation
Services under Title I of the Rehabilitation Act
of 1973, as amended, RSA IM-93-17 (5/11/93).
See also – Clear and Convincing Evidence;
Individualized Plan for Employment (IPE);
Presumption of Benefit; Time Frame for
Determining VR Eligibility; Use of Existing
Information
Employment
Network
The Ticket to Work and Self-Sufficiency
Program was a centerpiece of the Ticket to
Work and Work Incentives Improvement
Act of 1999 (TWWIIA). This program pro-
vides SSDI and SSI beneficiaries more
choices in receiving employment services.
Under this program, the Social Security
Administration (SSA) issues “Tickets” to
eligible beneficiaries who may assign them
to an Employment Network (EN) of their
choice to obtain employment, VR, or other
support services necessary to achieve a
vocational goal.
An Employment Network is any agency or
instrument of a state (or political subdivi-
sion), a for-profit private entity, or not-for-
profit organization which is approved to op-
erate as an EN. Once an EN is assigned a
Ticket by an individual, the EN takes re-
sponsibility for the coordination or the actual
delivery of services to the individual identi-
fied in an Individual Work Plan (IWP).
ENs can be a single entity, a consortium,
or an association of organizations colla-
borating to combine resources to serve
Ticket-holders. These include, but are not
limited to; employers that offer (or arrange
for) job training, vocational rehabilitation,
support, retention, or other types of job-
related services and/or assistance for in-
dividuals with disabilities; a public or pri-
vate entity that can provide directly or ar-
range for appropriate employment servic-
es including job readiness, placement,
24
VR, training, support, and/or retention
services for individuals with disabilities;
One-Stop delivery systems; State VR
agencies under Title I of the Rehab Act
(although different rules apply to VR
agencies acting as an EN); or Organiza-
tions administering VR Service Projects
for American Indians with disabilities; an
Alternate Participant (APs) currently op-
erating under contract with SSA; or a pub-
lic or private school providing appropriate
employment-related skills training, VR
services, transitional education, or career
development services or programs.
The Ticket Program is voluntary. Benefi-
ciaries receiving Tickets may contact one
or more ENs or the State VR agency to
discuss services and going to work. The
EN and the beneficiary must work together
to design an IWP that will outline the ser-
vices to be provided to enable the benefi-
ciary to reach his or her employment goal.
The Social Security beneficiary and the EN
must agree to work together and sign a
plan before services can be provided by
the EN under the Ticket program.
The Protection & Advocacy for Beneficia-
ries of Social Security program (PABSS),
funded through the Social Security Ad-
ministration (SSA), may represent clients
in disputes with ENs. For a complete list
of ENs, go to www.yourtickettowork.com.
Regulations for the Ticket to Work pro-
gram can be found at 20 CFR part 411,
published in the Federal Register, Vol. 66,
no. 249, December 28, 2001.
See also: TWWIIA and PABSS
Employment Outcome
Employment outcome means, with re-
spect to an individual, entering or retain-
ing full-time or, if appropriate, part-time
competitive employment, as defined in 34
C.F.R. ' 361.5 (b)(11), in the integrated
labor market to the greatest extent prac-
ticable; supported employment; or any
other type of employment including satis-
fying the vocational outcome of self-
employment, telecommuting, or business
ownership. Such outcome should be con-
sistent with the individual's strengths, re-
sources, priorities, concerns, abilities, ca-
pabilities, interests, and informed choice.
[34 C.F.R. § 361.5(b)(16)].
which an individual with a disability works
in an integrated setting. According to the
preamble, the change was necessary to
ensure that persons with disabilities are
supported in pursuing competitive and
supported employment, and is consistent
with the Act=s emphasis on integration in-
to society of persons with significant dis-
abilities. [34 C.F.R. § 361.5(b)(16)]
See also Employment Goal for an Individ-
ual with a Disability, RSA PD 97-04 (August
19, 1997).

According to RSA-IM-98-20, describing See also – Competitive Employment; Job

the Rehab Act Amendments of 1998, Goal

the staggering unemployment of

individuals with disabilities, can be
reduced through the efforts of the
VR program in assisting individuals
Ethics in Rehabilita-
with disabilities, especially individ- tion Counseling
uals with the most significant dis-
abilities, to prepare for and Ethics are the principles of conduct go-
achieve employment outcomes to verning a group, and involve legal and
which they aspire and which are
moral issues, as well as values.
consistent with their strengths, re-
sources, priorities, concerns, abili-
Professional codes of ethics exist to:
ties, capabilities, and informed
choice.
1. Provide a position on standards to
help in situations of conflict.
The 1998 Amendments addressed the
2. Protect the client from counselor not
need to increase successful employment
fulfilling responsibilities.
outcomes through new provisions that
3. Guarantee society that the counselor
emphasize telecommuting, self-
will adhere to community standards.
employment and small business operation
4. Protect the profession from charges
as legitimate employment outcomes. In
against practitioners who do not ad-
section 103(a) of the Act, the amendments
here to codes of ethics.
also add to the scope of authorized servic-
Licensed or certified professionals, such
es, technical assistance, and other consul-
as Certified Rehabilitation Counselors
tation services for eligible individuals who
must adhere to this code of ethics. For
are pursuing employment outcomes in
additional information, go to
self-employment or in a small business
www.crccertification.com.
operation.
See also – Certified Rehabilitation Counse-
On January 22, 2001, RSA issued a final lor Code of Ethics
regulation redefining the term Aemploy-
ment outcome@ to mean outcomes in

25

Extended
Employment
Extended employment means work in a
non-integrated or sheltered setting of a
public or private nonprofit agency or or-
ganization that provides compensation in
accordance with the Fair Labor Standards
Act. The designated State VR unit needs
to provide support services to an individ-
ual with a disability to enable the individu-
al to continue to train or otherwise pre-
pare for competitive employment, unless
the individual through informed choice
chooses to remain in extended employ-
ment. [34 C.F.R. § 361.5(b)(19)].
Extended
Employment Reviews
VR agencies are required to conduct an-
nual reviews of individuals who achieve
employment outcomes in an extended
employment setting (such as a communi-
ty rehabilitation program), or in any other
employment in which the individuals is
under the special minimum provision of
the Fair Labor Standards Act, commonly
called the section 14(c) provision, [29
U.S.C. § 214(c)]. Individuals working with
employers operating under the Javits-
Wagner-O‟Day (JWOD) Program may be
likely working under the special minimum
wage provision or within a segregated
work environment and thus be subject to
the review.
The review by VR is to determine the in-
dividual‟s interests, priorities, and needs
with respect to competitive employment
or training for competitive employment.
26
Maximum efforts must be made to assist
the individual in engaging in competitive
employment through the identification and
provision of VR services, reasonable ac-
commodations, and other necessary sup-
port services. The individual with a disa-
bility or, if appropriate, the individual's
representative shall have input into the
review and reevaluation and will need to
sign an acknowledgment that the review
and reevaluation has been conducted.
This review shall be conducted annually for
two years after the achievement of the out-
come, and may be conducted after the
second required review at the request of the
individual or the individual's representative.
[Section 101(a)(14); 34 C.F.R. § 361.55].
Federal Reporting Re-
quirements (RSA-227)
RSA requires each designated CAP
agency to submit an annual report on the
operation of its program during the pre-
vious year, including a summary of the
work done and uniform statistical tabula-
tions of all cases handled by the program.
[34 C.F.R. § 370.44].
This report includes client demographic
data, as well as information on the num-
ber of requests received annually; the
number of requests the CAP is unable to
serve; and the reasons the CAP is unable
to address all requests.
Department of Education administrative
regulations – found at 34 C.F.R. §
80.41(b)-(c) – also require the submission
of financial reports to account for the ex-
penditure of federal funds by the CAP
agency.
The RSA-227 form is due on or before
December 30 of each year, which is 90
days after the end of the fiscal year.
Financial Need
Testing
There is no federal requirement that the
financial need of an individual be consi-
dered in the provision of any VR services.
Many states, however, have established
financial needs tests, referred to in the
federal regulations as “participation in
cost of services based on financial need.”
If a state VR agency chooses to establish
a financial needs test (FNT), it must es-
tablish written policies governing the de-
termination of financial need and identify-
ing the specific VR services that will be
subject to the financial needs test. These
policies must be applied uniformly so that
equitable treatment is accorded all indi-
viduals with disabilities in similar circums-
tances. The FNT further cannot require
such high financial participation by the
individual so that they effectively cannot
obtain the VR service.
The following services must be provided
without regard to financial need: assess-
ment for determining eligibility and priority
for services; assessment for determining
VR need; VR counseling and guidance;
referral and other services necessary to
secure services from other agencies, in-
cluding components of the State Work-
force Investment system; job-related ser-
vices, including job search and place-
ment; or any auxiliary aid and services.
Individuals who are eligible for SSI or SSDI
may not be subject to any financial needs
test created by the designated state VR
agency. [see 34 C.F.R. § 361.54].
27
Formula Grant
CAP became a formula grant program in
1984, with an appropriation of $6 million.
During the past several fiscal years, CAP
received the following amounts:
FY 1998: $ 10,714,000
FY 1999: $ 10,928,000
FY 2001: $ 11,647,000
FY 2002: $ 11,897,000
FY 2003: $ 12,068,044
FY 2004: $ 11,996,797
FY 2005: $ 11,901,024
Funding for Post-
Secondary Education
Section 103(a)(5) of the Rehab Act autho-
rizes the use of VR funds to pay for
vocational and other training servic-
es ... except that no training services
provided at an institution of higher
education shall be paid for with
funds under this title unless maxi-
mum efforts have been made by the
designated State unit and the indi-
vidual to secure grant assistance, in
whole or in part, from other sources
to pay for such training.
In an important Policy Directive on this
topic, RSA states the following:
It is clear from these provisions that
Congress intended that VR clients
avail themselves of the numerous
grant programs which are available
to pay for higher education before
VR program funds are used to pay
these costs.
 This does not mean that a VR client
can be required to take a student
loan as a condition for receiving VR
services. Any form of student finan-
cial assistance that contains a pay-
back requirement would not be con-
sidered either grant assistance within
the meaning of Section 103(a)(5) or a
comparable benefit or service within
the meaning of Section 101(a)(8).
Section 101(a)(8)(A)(ii) of the Act further
clarifies that awards and scholarships
based on merit are not to be considered
as comparable benefits.
For additional information see Provision of
Financial Assistance for Post-Secondary
Education By State Vocational Rehabilita-
tion Agencies, RSA PD-92-02 (November
21, 1991).
See Also – Comparable Services and Ben-
efits; Student Financial Aid; and Students
in Default
Good Cause for
CAP Redesignation
The Governor's authority to move the
CAP designation from one agency to
another is limited by section 112(c)(1)(B),
which requires a Governor to demon-
strate "good cause" before redesignating
the CAP, and then only after providing
public notice of the intention to make
such redesignation and providing an op-
portunity for public comment on the pro-
posed redesignation.
After the initial designation process in Oc-
tober of 1984, any change in the designa-
tion of the CAP requires that it be placed
in an agency independent of any program
providing treatment, services, or rehabili-
28
tation funded under the Act. [Section
112(c)(1)(A); 34 C.F.R. § 370.2 (c) and (d)].
The 1998 amendments made a further
change to the requirements concerning
the redesignation of CAP. Section
112(c)(1)(B)(ii) requires redesignation of
an internal CAP (a CAP designated to the
State VR agency) when the designated
State VR agency undergoes any change
in organizational structure that results in
the creation of one or more new State
agencies or departments.
See also – Designation of CAP Agencies;
Requirement and Process for Redesigna-
tion of CAP
History of CAP
Section 112(a) of the Rehab Act created
CAP to provide assistance in informing and
advising all individuals seeking or receiving
services under the Act of all available bene-
fits under the Act, and, upon request of
such individuals, to assist them in their rela-
tionships with the programs, projects, and
facilities funded under the Act.
The 1984 amendments to the Act made
CAP a formula grant program and man-
dated that all states and territories be giv-
en grants to establish and operate CAPs.
The Amendments further mandated that
Governors designate an agency to im-
plement CAP. Although the amendments
required that CAPs be designated to an
agency independent of any program pro-
viding services under other parts of the
Act, a grandfather clause permitted the
designation of CAP to the state VR agen-
cy if that agency had operated a discre-
tionary CAP project at any time prior to
February 22, 1984.
The 1986 amendments expanded CAP's
mandate to include the provision of infor-
mation on the services and benefits avail-
able under the Act to any individual with
disabilities in the state.
The 1992 amendments expanded CAP's
information and referral mandate to in-
clude providing information on the availa-
ble services and benefits under the Act
and on Title I of the ADA, especially "to
individuals with disabilities who have tra-
ditionally been unserved and underserved
by vocational rehabilitation programs."
The 1992 amendments to the Act also
strengthened CAP's role in systems ad-
vocacy, incorporating language whereby
the views of the CAP Director must be
taken "into account in connection with
matters of general policy arising in the
administration of the State [VR] Plan,"
and the CAP director must be consulted
"in the formulation of policies governing
the provisions of VR services consistent
with the State Plan and other revisions."
In the 1998 amendments to the Act, the
provision in section 112(g)(3)(A) that re-
quired CAPs to use mediation procedures
to the maximum extent possible prior to re-
sorting to higher level remedies was
changed to require CAPs to assure that, to
the maximum extent possible, Aalternative
means of dispute resolution@ are available
for use at the discretion of an applicant or
client prior to resorting to litigation or formal
adjudication to resolve a dispute. The term
Aalternative means of dispute resolution@ is
defined in section 112(g)(3)(B).
The 1998 amendments also made a
change to the requirements concerning the
redesignation of CAP. Section
112(c)(1)(B)(ii) calls for the redesignation of
an internal CAP (a CAP designated to the
State VR agency) when the DSA under-
goes any change in organizational structure
that results in the creation of one or more
new State agencies or departments.
29
The 1998 amendments also dropped the
reference to the Consumer Price Index in
the Section 112(e)(1)(D)(ii) which pro-
vides for an increase in the CAP minimum
allotment when the CAP appropriation in-
creases.
Impartial Hearing
Officer (IHO)
An IHO is an individual who conducts a
hearing on a client or client-applicant ap-
peal. This person must be knowledgeable
about the delivery of VR services, the
State Plan under section 101, and the
Federal and State regulations governing
the provision of such services, and should
have received training with respect to the
performance of these official duties. Such
individual may not be a member of the
State Rehabilitation Council, or have any
personal or financial interest that would
be in conflict with the objectivity of the in-
dividual. An IHO is employed by the
agency for this purpose only and is ex-
pected to render an impartial decision
based on evidence and the prevailing law.
[34 C.F.R. § 361.5(b)(25)].
See also – Appeal and Hearing Rights; Due
Process; Overturning or Modifying an IHO
Decision; Review of IHO Decision; and Re-
viewing Official
Independent Living
(IL) Services
Independent living is both a philosophy
and a service. The two are intertwined
and cannot exist without the other. Key
elements of independent living are:
1. Consumer controlled – IL recognizes,
as nowhere before, the value of per-
sons with disabilities and their abilities
to make decisions, direct services,
and judge outcomes. Many of the
dramatic changes to the Rehab Act
made with the 1992 amendments
came from the IL community and phi-
losophy.
2. Community based – IL recognizes that
the best services and outcomes are
found in the community in which the
individual lives. It also recognizes that
unless the environment in which an
individual with a disability finds himself
in changes, all the work done for, to,
and with the individual will be less
than effective. That is, IL works on the
community as well as the individual
achieving rehabilitation.
3. Grassroots movement – IL is not a
system acting upon the population it
serves, but rather the population act-
ing upon the system. It is people with
disabilities determining what changes
are needed and working collectively
and individually to bring about those
changes to the community and them-
selves.
[See Section 701; 34 C.F.R. § 364.2].
Eligibility: Individuals with significant dis-
abilities [See Section 7(21)(B); 34 C.F.R. §
364.4] are eligible for IL services. Prior to
1998, the terminology used in the regula-
tions differed from that used in the Act
itself. Regulatory language referred to eli-
gible individuals as having a Asignificant@
disability while statutory language used
the term Asevere@ disability. Regardless of
the term, the meanings and definitions
are the same. The terminology was
changed from Asevere@ to Asignificant@ in
the regulatory process due to public
comments and a search for more politi-
cally sensitive language. The 1998
30
amendments adopted this change and
made the statutory language consistent
with the regulations. [See Section 703; 34
C.F.R. § 364.40]
Services: Many types of services may be
delivered by IL centers; however, four
core services must be provided:
1. Information and referral services;
2. Peer counseling;
3. Independent living skills training;
4. Systems and individual advocacy ser-
vices.
[See Section 7(29); C.F.R. §§ 364.4 and
365.21(a)].
Other services which can be provided by
ILCs are:
1. Counseling services;
2. Services related to securing hous-
ing or shelter;
3. Rehabilitation technology;
4. Mobility training;
5. Services and training for individuals
with cognitive or sensory disabilities,
including life skills;
6. Personal assistance services;
7. Surveys, directories, and other ac-
tivities to identify appropriate hous-
ing, recreation opportunities, and
accessible transportation, and other
support services;
8. Consumer information on rehabilita-
tion and IL services available under
the Act;
9. Education and training necessary
for living in a community and partic-
ipating in community activities;
10. Supported living;
11. Transportation, including training on the
use of public transportation systems;
12. Physical rehabilitation;
13. Therapeutic treatment;
14. Provision of needed prostheses and
other appliances and devices;
15. Individual and group social and re-
creational services;
16. Training to develop skills specifically
designed for youths who are indi-
viduals with significant disabilities to
promote self-awareness and es-
teem, to develop advocacy and self-
empowerment skills, and explore
career options;
17. Services for children;
18. Services under other Federal, State,
or local programs designed to pro-
vide resources, training, counseling,
or other assistance of substantial
benefit in enhancing the indepen-
dence, productivity, and quality of life
of individuals with significant disabili-
ties;
19. Appropriate preventative services to
decrease the need of individuals with
significant disabilities assisted under
the Act for similar services in the fu-
ture;
20. Community awareness programs to
enhance the understanding and in-
tegration into society of individuals
with significant disabilities; and
21. Any other services that may be ne-
cessary (to improve the ability of an
individual with a significant disability
to function, continue functioning, or
move toward functioning indepen-
dently in the family or community or
to continue in employment) and that
are not inconsistent with any other
provisions of the Act.
[See Sections 7(17) and 704(d), (e),and (f);
34 C.F.R. § 364.4; Independent living servic-
es and 34 C.F.R. §§ 364.42(b)(3), 264.43(a),
and 365.31(a)].
Service Provision: Under Title VII of the
Rehab Act, there are three different fund-
ing streams for IL services:
1. Independent Living Services – Chap-
ter 1, Part B [See Section 713; 34
C.F.R. § 365.2.].
2. Centers for Independent Living –
31
Chapter 1, Part C [See Sections 721
and 724; 34 C.F.R. § 366.1 – 3].
3. Independent Living Services for Old-
er individuals Who are Blind – Chap-
ter 2 [See Section 752; and 34 C.F.R. §
367.2].
In short, entities which can and do pro-
vide IL services come in many assort-
ments. They include DSUsand DSAs,
centers for independent living (CILs), and
other public and private agencies in the
community. Funds available under this
Title are allotted through direct grants to
DSUs, DSAs, and CILs. Such funding can
be used to make subgrants and contracts
to other agencies. In addition, coopera-
tion and coordination with other public
and private agencies in the community
are required by all directly funded entities.
The State Plan for Independent Living
(SPIL) must describe how all funds for IL
(including federal, state, and local) will be
used to provide IL services to individuals
with significant disabilities and how exist-
ing services in communities will be used
(e.g. through cooperation and coordina-
tion with other agencies).
Services can be provided directly by
DSUs, DSAs, and CILs, and by other
public and private agencies in the com-
munity who receive subgrants or con-
tracts or who have increased their capaci-
ties and understandings of the needs of
individuals with significant disabilities
through cooperation and coordination ef-
forts or systems advocacy efforts. [See the
State Plan for Independent Living (SPIL) for
your state.]
Individuals receiving IL services
funded under Title VII are eligible for
CAP services: Any individual who ap-
plies for services funded directly or indi-
rectly under Title VII of the Act is eligible
for CAP services. Therefore, an individual
who applies to an agency for services and
the agency receives funds for those ser-
vices either directly under the Rehab Act
through federal grants or indirectly
through subgrants or contract for services
is eligible for CAP services.
Since Federal funding for IL is inade-
quate, a substantial amount of funding for
IL services is obtained through other
sources, such as State appropriations,
private donations, and other community-
based sources. Consequently, if an agen-
cy provides a service funded with moneys
other than those made available under
the Rehab Act, the individual receiving
those services would not be eligible for
CAP services with regard to those servic-
es. CAP only has jurisdiction over appli-
cants for or consumers of services funded
under the Act. Therefore, CAP needs to
be sure that 1) the entity in question is
funded at least partially with funds pro-
vided under the Act; and 2) the services
in question are funded at least partially
with funds under the Act. [See 34 C.F.R. §
364.51].
Philosophy of IL
The IL philosophy and, thus, IL services
emphasize community capacity building
and consumer empowerment. Therefore,
while funded entities can do many things
for consumers, it is preferred that they
assist consumers in doing for themselves
and working in the community to increase
the capacity of existing systems to better
serve individuals with significant disabili-
ties.
Independent Living Services for Older
Individuals Who Are Blind – Ch. 2
Unlike the rest of Title VII, older blind ser-
vice funds are specifically earmarked for
a distinct group of individuals with a spe-
cific disability. Since this program has dif-
32
ferent eligibility criteria and service op-
tions as well as funding methods, this
chapter needs to be examined separately.
Eligibility: For purposes of Title VII,
Chapter 2, the provision of services is li-
mited to individuals:
1. Who are 55 or older; and
2. Whose severe visual impairment
makes competitive employment ex-
tremely difficult to attain, but for
whom independent living goals are
feasible.
[See Section 751 and 34 CFR 367.5 older
individual who is blind].
Services: Since eligibility criteria are
somewhat different for this program, so
are service options. In addition to those
options listed as possible independent
living services, Chapter 2 lists other spe-
cific services, including:
1. Services to help correct blindness,
such as outreach; visual screening;
and surgical or therapeutic treat-
ment, including hospitalization re-
lated to such treatment;
2. The provision of eyeglasses and
other visual aids;
3. The provision of services and
equipment to assist an older individ-
ual who is blind to become more
mobile and self-sufficient;
4. Mobility training, Braille instruction,
and other services and equipment to
help an older individual who is blind
adjust to blindness;
5. Guide services, reader services, and
transportation;
6. Any other appropriate services des-
ignated to assist an older individual
who is blind in coping with daily living
activities;
7. Independent living skills training; in-
formation and referral services; peer
counseling; and individual advocacy
 skills training; and
8. Other independent living services, as
defined in Section 7(18).
[See Section 752(d) and (e); 34 C.F.R. §
367.3(b)].
Service Provision: All grants under Title
VII, Chapter 2 must go directly to the DSU
identified in the state to provide services
to individuals who are blind. In some
states, there is a separate State Agency
for the Blind. In other states, the State VR
agency is responsible for serving individ-
uals who are blind. The State Plan for In-
dependent Living (SPIL) must identify the
entity (DSU) for funds to be given to the
state. The DSU may, in turn, subgrant or
contract to other public or private agen-
cies for the provision of part or all the ser-
vices further identified in the SPIL.
Obtaining Services
1. Application: The first thing to do is to
determine how IL services are pro-
vided in the state. This can best be
done by contacting the local VR office.
They should be able to explain how IL
services are provided in the state.
The client should contact that entity
(state VR agency, local CIL, or other
service provider) and state their desire
for IL services. This should begin the
application process.
2. Eligibility: Various arrangements can
be set up for the determination of eligi-
bility for IL services. The exact mechan-
ism for any given state can be found in
its SPIL. The local VR office can also
provide information. The authorized ent-
ity reviews necessary documentation
and determines whether or not the per-
son fits the criteria set forth in the sta-
tutes and regulations. [See Section 703;
34 C.F.R. § 364.40]. A formal determina-
33
tion of eligibility should be documented
somewhere in the IL files of every reci-
pient of services.
3. Development of an Independent
Living Plan (ILP): Once a person is
found eligible for IL services, it is ne-
cessary to develop an ILP. This plan,
in accordance with IL philosophy, re-
quires joint development – that is, an
agreement between the appli-
cant/client/consumer and the service
provider concerning what services are
needed and how they will be provided.
The consumer has the option of waiv-
ing the necessity/right to an ILP. Such
a waiver must be documented in writ-
ing. Remember, though, the develop-
ment and existence of an ILP may be
for your client‟s benefit, in that it doc-
uments the services agreed upon and
how they will be provided. Consider
the ILP to be a living document that is
always subject to review and revision
when circumstances change.
4. Services: The services your client may
expect are dependent upon several
factors, primarily need. The consumer
should sit down with the IL services
provider and determine their specific
needs. These services can be provided
in a variety of methods – referral to
other agencies, provision of services by
the IL provider, or assistance by the IL
provider in achieving their particular
goals through their own efforts.
The SPIL should identify the type of
services available. If these services
are provided through a network of lo-
cal CILs or through contracts with oth-
er agencies, you may need to request
information from those entities as to
their grant applications and contracts.
5. IL Case Closure: An ILC can close a
 case for several reasons, including:
completion of the existing ILP after re-
view to determine if any other services
are required; agreement between the
ILC and the individual to close the
case; or a determination that the case
needs to be closed by either party.
Determinations such as the latter are
appealable if the service provider de-
termines the case needs to be closed
and provides the consumer with a writ-
ten explanation of the reason for that
closure. The service provider must
have a mechanism in place for ap-
pealing such decisions. CAP can as-
sist with this process.
Individual Advocacy
Individual advocacy may include, but is
not limited to:
$ investigating grievances and following
up on complaints;
$ informing people of their rights and
responsibilities with regard to services
and benefits available under the Act;
$ helping people secure their rights;
$ analyzing a problem and pinpointing
areas of responsibility;
$ assisting in identifying options that
might resolve a problem;
$ providing necessary tools for appro-
priate decisions and actions;
$ promoting self-advocacy by helping
people help themselves;
$ building confidence so people will be
comfortable when self advocating;
$ supporting efforts to promote inde-
pendence;
$ advocating and/or interceding on be-
half of people when they are unable to
help themselves; and
$ providing assistance in locating ap-
propriate services.
34
Individualized Plan
for Employment (IPE)
An IPE (formally known as the Individua-
lized Written Rehabilitation Program
(IWRP)) is a critical document in the VR
process. It contains important information
on the employment goal of the individual,
the VR services necessary to reach the
goal, and the services VR agrees to pro-
vide. The IPE shall be developed and im-
plemented in a manner that affords the eli-
gible individual the opportunity to exercise
informed choice in selecting an employ-
ment outcome, the specific VR services to
be provided under the plan, the entity that
will provide the VR services, and the me-
thods used to procure the services.
Provisions adopted as part of the 1998
amendments enhance the collaborative
relationships between the eligible individ-
ual and the qualified VR counselor with
respect to the development, implementa-
tion, and evaluation of the IPE. An eligible
individual now has several options for the
development of the IPE. The individual
may:
1) Develop the IPE without assistance;
2) Develop the IPE with assistance from
a qualified VR counselor in completing
all or part of the IPE;
3) Develop the IPE with technical assis-
tance from another source, based on
information provided by the DSU; or
4) Have the individual=s representative
develop the IPE on forms provided by
the designated State with or without
assistance provided by the DSU.
[Section 102(b)(1)].
Any service to be provided or funded by
the VR agency must be specified on the
IPE.
Services under an IPE must be provided
in the most integrated setting that is both
appropriate to the service being provided
and also reflects the informed choice of
the individual.
The IPE must...
Be developed and implemented in a
timely manner subsequent to the de-
termination of the eligibility of the indi-
vidual for services under this title.
Be designed to achieve the specific
employment outcome selected by the
individual with the disability.
Be consistent with the individual's
unique strengths, resources, priorities,
concerns, abilities, capabilities, inter-
ests, and informed choice.
To the maximum extent appropriate,
result in employment in an integrated
setting.
Be a written document prepared on
forms provided by the DSU.
Be designed to include a description
of services including the:
1. chosen employment outcome;
2. specific VR services needed to
achieve the employment out-
come, including the setting in
which those services will be pro-
vided;
3. entity chosen to provide the ser-
vices;
4. evaluation criteria;
5. terms and conditions for receipt
of services; and
6. as appropriate, statement of pro-
jected need for post-employment
services
Be implemented in a manner that
gives eligible individuals the opportuni-
35
ty to exercise choice in selecting the
entity to provide VR services.
Be designed to include information
regarding related services and bene-
fits.
Agreed to, and signed by, such eligi-
ble individual or, as appropriate, the
individual's representative.
Approved and signed by a qualified
VR counselor employed by the DSU.
Be provided in the native language or
mode of communication of the indi-
vidual.
Be copied to ensure that the individual
has his/her own copy of the final doc-
ument.
Be reviewed on at least an annual ba-
sis by the individual and a qualified
rehabilitation counselor and, if neces-
sary, amended if there are substantive
changes in the employment outcome,
the services to be provided, or the
service providers.
The IPE must also include:
The extended services needed by an
individual in supported employment
and the source of extended services
(or basis for concluding that there is
reasonable expectation that such
source will become available); and
Due process rights and information on
the availability of CAP.
Section 101(a)(9) clarifies that if a state is
on an order of selection, the IPE needs
only to be developed for individuals who
are in the open categories of the Order of
Selection. [Section 102(b); 34 C.F.R. §
361.45].
See Also – Authorization for VR Services;
Eligibility for VR Services

Individual with a
ADisability@
For purposes of eligibility for Titles I, III,
and VI services, an individual with a disa-
bility means an individual who has a
physical or mental impairment, which for
such individual constitutes or results in a
substantial impediment to employment,
and who can benefit in terms of an em-
ployment outcome from VR services.
[Section 7(20); 34 C.F.R. § 361.5 (b)(27)].
See also – Individual with a ASignificant
Disability@; Individual with a AMost Signifi-
cant Disability@
Individual with a
AMost Significant
Disability@
There is no federal definition of an indi-
vidual with a “most significant disability.”
Federal regulations require each state to
determine which individuals fit such crite-
ria through refinement of the criteria for
an “individual with a significant disability.”
Each state makes this decision in consul-
tation with the State Rehabilitation Coun-
cil. [34 C.F.R. §§ 361.5(b)(30) and 361.36(d)]
VR agencies are required to give assur-
ances that, in accordance with criteria es-
tablished by the state for an order of se-
lection, individuals with a “most significant
disability” will be selected first for the pro-
vision of VR services anytime the agency
determines that it cannot serve all eligible
individuals who apply for services.
36
See also – Individual with a ADisability@;
Individual with a ASignificant Disability@
Individual with a
?Significant Disability@
According to Sec 7 (21), an individual with
a significant disability means an individual
with a disability–
(i) Who has a severe physical or mental
impairment that seriously limits one
or more functional capacities (such
as mobility, communication, self-care,
self-direction, interpersonal skills,
work tolerance, or work skills) in
terms of an employment outcome;
(ii) Whose vocational rehabilitation can
be expected to require multiple voca-
tional rehabilitation services over an
extended period of time; and
(iii) Who has one or more physical or
mental disabilities resulting from am-
putation, arthritis, autism, blindness,
burn injury, cancer, cerebral palsy,
cystic fibrosis, deafness, head injury,
heart disease, hemiplegia, hemophi-
lia, respiratory or pulmonary dysfunc-
tion, mental retardation, mental ill-
ness, multiple sclerosis, muscular
dystrophy, musculo-skeletal disord-
ers, neurological disorders (including
stroke and epilepsy), spinal cord
conditions (including paraplegia and
quadriplegia), sickle cell anemia,
specific learning disability, end-stage
renal disease, or another disability or
combination of disabilities deter-
mined on the basis of an assessment
for determining eligibility and voca-
tional rehabilitation needs cause
comparable substantial functional li-
mitation. [34 C.F.R. § 361.5(b)(31)].
Section 102(a)(3)(A)(i) of the Act stipu-
lates that an SSDI or SSI beneficiary is to
be considered an individual who meets all
of the elements of the definition of the
term Aindividual with a significant disabili-
ty@ in section 7(21)(A) of the Act.
Only individuals meeting the above crite-
ria may be provided with Independent Liv-
ing and Supported Employment Services.
See also – Automatic Determination of
SSI/SSDI as Individual with ASignificant Dis-
ability@; Individual with ADisability@; Individ-
ual with a AMost Significant Disability"
Information and
Referral Services
The DSA 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 re-
ceiving VR services (if the agency is op-
erating on an order of selection) – are
provided accurate VR information and
guidance (which may include counseling
and referral for job placement) using ap-
propriate modes of communication to as-
sist them in preparing for, securing, re-
taining, or regaining employment. This
includes referring individuals with disabili-
ties to other appropriate Federal and
State programs, including other compo-
nents of the statewide workforce invest-
ment system. [34 CFR 361.37].
37
Informing Clients
About CAP
Section 20 of the 1992 amendments to
the Act mandates that all programs and
projects providing services under the Re-
hab Act (including ILCs, community reha-
bilitation programs, Projects With Indus-
tries (PWI), supported employment
projects, etc.) inform their clients and
client-applicants about the availability and
purpose of CAP, including information on
the means of seeking assistance under
such programs.
Section 102(a)(5)(C) requires the State
VR agency to ensure that any determina-
tion of ineligibility made prior to the initia-
tion of an IPE will include a description of
the availability of services provided by
CAP and information on how to contact
the CAP program. In addition, section
102(b)(1)(D)(ii) requires each IPE devel-
oped by the State VR agency to include a
description of the availability of CAP and
information on how to contact CAP.
Finally, section 102(c)(2)(B) requires each
DSA to include in the procedures that it
establishes for an impartial due process
review of determinations made by per-
sonnel of the DSU that affect the provi-
sion of VR services to include written noti-
fication about the availability of assistance
from CAP. The notification must occur at
three points in the rehabilitation process:
(1) at the time of application for VR ser-
vices;
(2) at the time the IPE is developed;
and
(3) upon reduction, suspension, or ces-
sation of VR services.

Integrated Setting
With respect to the provision of services,
integrated setting means a setting typical-
ly found in the community in which appli-
cants or eligible individuals interact with
individuals without disabilities other than
those providing services to applicants or
eligible individuals.
With respect to an employment outcome,
integrated setting means a setting typical-
ly found in the community in which appli-
cants or eligible individuals interact with t
people without disabilities, other than
those who are providing services to appli-
cants or eligible individuals, to the same
extent that individuals without disabilities
in comparable positions interact with oth-
er persons. In other words, a job site
where the majority of the workers do not
have disabilities, and where there is regu-
lar contact between persons who have
disabilities and those who do not.
See also – Competitive Employment; Em-
ployment Outcome; and Job Goal
Integration Emphasis
in the Rehab Act
The Rehab Act contains numerous refer-
ences that place increased emphasis on
the goal of integration. The statement of
"Findings, Purpose, and Policy" states
that individuals with disabilities have a
right to "enjoy full inclusion and integra-
tion into the economic, political, social,
cultural, and educational mainstream of
American society.” It also references that
38
increased employment of individu-
als with disabilities can be
achieved through implementation
of statewide workforce investment
systems... that provide meaningful
and effective participation for indi-
viduals with disabilities in work-
force investment activities and ac-
tivities carried out under the voca-
tional rehabilitation program...and
through the provision of indepen-
dent living services, support ser-
vices, and meaningful opportuni-
ties for employment in integrated
work settings through the provision
of reasonable accommodations.
It highlights that one of the goals of the
nation is to provide individuals with dis-
abilities the tools necessary to "achieve
equality of opportunity, full inclusion and
integration in society, employment, inde-
pendent living, and economic and social
self-sufficiency."
The 1998 Amendments place increased
emphasis on the requirement that as-
sessment services and services under an
IPE must be provided in the most inte-
grated setting that is both appropriate to
the service being provided and also re-
flects the informed choice of the individual.
JWOD
The Javits-Wagner-O'Day (JWOD) Pro-
gram provides employment opportunities
for over 36,000 Americans who are blind
or have other severe disabilities by or-
chestrating Government purchases of
products and services provided by non-
profit agencies employing such individu-
als throughout the country. In 1938, the
Javits-Wagner-O'Day Act was passed
under President Franklin D. Roosevelt in
order to provide employment opportuni-
ties for people who are blind by allowing
them to manufacture mops and brooms to
sell to the Federal Government.
In 1971, under the leadership of Senator
Jacob Javits, Congress amended this Act
(41 U.S.C. § 46-48c) to include people
with severe disabilities and allow the Pro-
gram to also provide services to the Fed-
eral Government.
The Committee for Purchase From
People Who Are Blind or Severely Dis-
abled (www.jwod.gov) is the JWOD Pro-
gram's Federal overseer. Through two
central nonprofit agencies – National In-
dustries for the Blind (www.nib.org) and
NISH (www.nish.org) – the Committee
currently works with over 600 nonprofit
agencies across the country, as well as in
Puerto Rico and Guam, to provide em-
ployment opportunities to people with se-
vere disabilities.
Job Coaching
Job coaching is a service which includes,
but is not limited to, intensive on-the-job
training necessary to teach an employee
both the job duties and job-related re-
sponsibilities, such as transportation, co-
worker relationships, taking breaks, etc. It
may include interaction with the employer,
supervisor, and co-workers and assist in
the integration of the employee, spot-
checking performance, determining em-
ployer satisfaction, coaching/training in
new duties, and other responsibilities to
assure job retention by the employee.
See also – Ongoing Support Services;
Supported Employment
39
Job Goal
The employment goal for an individual
with a disability receiving services under
the State VR Services Program (autho-
rized by Title I of the Act) must be based,
primarily, on the individual's strengths,
resources, priorities, concerns, abilities,
and capabilities. The employment goal
also must reflect the individual's interests
and informed choice to the extent that
those factors are consistent with the indi-
vidual=s abilities and capabilities and, to
the maximum extent appropriate, results
in employment in an integrated setting.
[34 C.F.R. § 361(a)(1)].
Factors such as the local economy or lo-
cal labor conditions (i.e., job availability in
the community) are external factors that
may be considered, but cannot by them-
selves be determinative of whether the
employment goal is appropriate.
These considerations apply to the devel-
opment of employment goals for both in-
dividuals who are not currently employed
and individuals who are seeking to ad-
vance in their present careers.
See Employment Goal for an Individual
with a Disability, RSA-PD-97-04 (August
19, 1997).
See also – Competitive Employment; Em-
ployment Outcome
Know Your Client
Rights
Be knowledgeable about the entitlement
and laws that define the rights of your
clients. In order to be an effective advo-
cate you must be knowledgeable and
know your client=s rights.
Client Rights in the Rehabilitation
Process include the right to:
Make meaningful and informed choices;
Be a partner in the planning of voca-
tional goals and rehabilitation services;
Apply or reapply for services;
Confidentiality of personal information
in the VR case record;
Review most of the information of the
case file (exceptions need to be ex-
plained by the counselor);
Consult with the counselor before the
case is closed;
Appeal through administrative review,
mediation, and fair hearing; and
Be informed of the availability of CAP.
Non-Discrimination.
Rehabilitation services must be provided
on a non-discriminatory basis without re-
gard to race, color, creed, national origin,
or disability.
Legal Remedies
The Rehab Act allows a person to appeal
the decision of an impartial hearing offic-
er, or the decision of a state reviewing of-
ficer after a fair hearing – if your state has
adopted this procedure – in federal or
state court. A person may also have a le-
gal remedy under Section 504 of the Re-
hab Act, Title II or III of the ADA if a state
agency or VR service provider does not
provide accommodations to make a pro-
gram accessible. In some cases, a deci-
40
sion by VR, how the decision was
reached, or how the decision was com-
municated to the client, may violate a
provision of the U.S. or state constitution.
A CAP agency is allowed to pursue legal
remedies on behalf of a client, so long as
the representation is in connection with
rights to the provision of services under
the Rehab Act. Thus, a CAP agency may
not bring a disability discrimination claim
against a private business or a state
agency that is not providing a service un-
der a program funded by the Rehab Act.
CAP may, however, pursue legal action
against a state VR agency under Section
504 of the Rehab Act or under the ADA
for failure to provide any required ac-
commodation. CAP is not allowed to act
as a “general advocacy agency for all
disabled persons.”
Federal regulations require that each
state assure that the designated CAP
agency has the authority to pursue legal,
administrative, and other appropriate re-
medies on behalf of the client. This au-
thority must include the ability to pursue
legal remedies against any appropriate
state agency, including the VR agency. A
state satisfies this obligation if that CAP
agency can take legal action by itself, or
can obtain outside legal representation.
[Section 112(g)(4): 34 C.F.R. §§ 370.20(b)
and 370.48(d)].
See CAP Involvement with Title V, RSA-
PRM 4003, 85-14 (May 29, 1985)
See also – Appeal and Hearing Rights; Civ-
il Action; Class Action Prohibition Due
Process

Limit on Access to
CAP Records
CAPs are not required to disclose any per-
sonally identifiable information regarding
individuals requesting CAP assistance in
connection with periodic audits, reports or
evaluations by the funding agency. [Section
112(g)(4) and 34 C.F.R. § 370.48(d)].
Maintenance
Maintenance consists of monetary support
provided to an individual participating in a
vocational assessment or plan of services
for those expenses, such as food, shelter,
and clothing, that are in excess of the
normal expenses of the individual and that
are necessitated by the individual's partici-
pation in a program of VR services. It is
provided in support of other services and
not as an independent service.
The 1998 amendments broadened the
scope of maintenance to encompass both
assessment services and services under
an IPE. Federal regulations at 34 C.F.R. §
361.5(b)(35) contain examples of ex-
penses that would be meet the definition of
maintenance. [Section103(a)(7); 34 C.F.R. §
361.48(g)].
Maximizing
Employment
The purpose of the Rehab Act is to Aem-
power individuals with disabilities to max-
imize employment, economic self-
41
sufficiency, independence, and inclusion
and integration into society...@ [Sec. 2(b)(1)].
The purpose of Title I of the Act is to Aas-
sist States in operating statewide compre-
hensive, coordinated, efficient, and ac-
countable programs of VR and indepen-
dent living for individuals.@ [Sec. 100(a)(2)].
Maximization language was first added to
the Act during the 1986 reauthorization.
Legislative history emphasizes the Con-
gressional intent of the 1986 amendments:
[T]he overall purpose of the Act is
to develop and implement com-
prehensive and coordinated pro-
grams of rehabilitation for… indi-
viduals [with disabilities] which will
maximize their employability, inde-
pendence and integration into the
work place and the community.
The Committee views [the Act] as
a comprehensive set of programs
designed to meet the broad range
of needs of individuals with [dis-
abilities] in becoming integrated in-
to the community and in reaching
their highest level of achievement.
[Section 2(b)]
See also – State Vocational Rehabilitation
Services Program
Mediation
Requirements
Although CAPs are required to have the
capacity to pursue legal action on behalf
of their clients, section 112(g)(3)(A) re-
quires that the CAP agency establish pro-
cedures which assure that, to the maxi-
mum extent possible, alternate means of
dispute resolution are available for use at
the discretion of an applicant or client
prior to resorting to administrative or legal
remedies.
When CAP's governing regulations were
revised to address changes in the 1992
amendments to the Act, RSA incorpo-
rated a very strict definition of mediation.
According to the revised regulations,
mediation means the act or process
of using an independent third party
to act as a mediator, intermediary,
or conciliator to settle differences or
disputes between persons or par-
ties. The third party who acts as a
mediator, intermediary, or concilia-
tor may not be any entity or individ-
ual who is connected in any way
with the eligible system or the
agency, entity, or individual with
whom the individual with a disability
has a dispute. Mediation may in-
volve the use of professional me-
diators or any other independent
third party mutually agreed to by
the parties to the dispute.
Since this definition requires the use of
"mediation procedures" which are much
more formalized than the mediation pro-
cedures most CAPs had used to date,
NDRN asked RSA to develop a technical
assistance circular (TAC) to provide subs-
tantive guidance on how CAPs can meet
this regulatory requirement. (see RSA=s
TAC-97-01 on What a Designated Client As-
sistance Agency Must Do To Satisfy the Med-
iation Procedures Requirement.)
The 1998 amendments to the Act incorpo-
rated a new section on mediation [Section
102(c)(4)] requiring states to establish and
implement procedures to allow parties to
resolve a dispute through a mediation
process that shall be available, at a mini-
mum, whenever a hearing is requested.
Such mediation procedures shall ensure
that the mediation process is voluntary on
42
the part of the parties, is not used to deny
or delay the right of an individual to a hear-
ing or to deny any other right afforded un-
der Title I of the Act, and is conducted by a
qualified and impartial mediator who is
trained in effective mediation techniques.
These mediators must also be knowledge-
able in laws, including regulations, relating
to the provision of VR services.
The regulations at 34 C.F.R. § 361.57 re-
quire that mediation sessions be sche-
duled and conducted in a timely manner
and held in a location and manner that is
convenient to the parties.
Under the regulations, discussions that
occur during the mediation process must
be kept confidential and may not be used
as evidence in any subsequent due
process hearing or civil proceeding. Any
agreement reached by the parties in the
mediation process must be described in a
written mediation agreement that is de-
veloped with the assistance of the quali-
fied and impartial mediator and signed by
both parties. Copies of the agreement
must be sent to both parties.
According to section 102(c)(4)(D) the
State shall bear the cost of this mediation
process.
See also – Appeal and Hearing Rights
Monitoring of CAP
Agencies
When CAP became a formula grant pro-
gram in 1984, the responsibility for moni-
toring and evaluating individual CAPs was
assigned to the RSA Regional Offices.
Since the closing of the Regional offices in
2005, responsibility for monitoring is now
with the RSA office in Washington, DC.
In February 1998, RSA issued a Revised
Monitoring and Technical Assistance
Guide for The Client Assistance Program
(IM-98-09), which provides guidance for
conducting on-site reviews. Following the
format of the guide ensures consistency
between the various CAP monitoring re-
views and makes sure all necessary
compliance issues are reviewed. This in-
strument will be revised periodically and
reissued as deemed appropriate and ne-
cessary by RSA. As of Summer 2007,
there is no indication when RSA will con-
duct any on-site reviews of CAPs.
The information obtained during the re-
view assists RSA in assessing the need
for technical assistance and training for
specific CAP programs; enables RSA to
identify specific CAP practices; deter-
mines technical assistance and policy de-
velopment needs for CAPs, in general;
and assists RSA in strengthening CAPs‟
effectiveness.
See also – Administering Agency for CAP;
RSA Regional Offices (RSA)
NDRN
The National Disability Rights Network
(NDRN) is the nonprofit membership or-
ganization for the federally mandated Pro-
tection and Advocacy (P&A) Systems and
Client Assistance Programs (CAP).
The continuous expansion of the
P&A/CAP network demonstrates not only
the growing needs of children and adults
with disabilities and their families, but also
strong Congressional support for the
Network and the critical work it does on
behalf of constituents with disabilities.
As the voluntary membership organiza-
43
tion of the P&A/CAP Network, NDRN
works to:
Shape Public Policy
Monitor Laws and Policies
Impact Significant Cases through
Amicus Activity
Provide Additional Membership Ser-
vices; and
Provide Training and Technical As-
sistance through the Training and
Advocacy Support Center (TASC)
NDRN maintains a fully accessible web-
based collection of resource materials
(www.NDRN.org) and a password-
protected section (www.NDRN.org/TASC)
designed for the exclusive use of
P&As/CAPs.
See also – TASC; P&A/CAP System
Notification of
Availability of CAP
The Rehab Act and federal implementing
regulations specify a duty of the VR
agency to notify clients and applicants of
the availability of the CAP and the servic-
es available from the CAP.
The VR agency must inform individuals
about CAP during the following times in
the VR process:
Application for VR services.
The development of the IPE.
Placement on an order of selec-
tion (if the state has an order of
selection).
Whenever services are reduced,
suspended, or terminated.
See also – Informing Clients About CAP

Obligation of CAP
Funds
Prior to the passage of the Rehab Act
Amendments of 1992, each CAP agency
was required to obligate all funds re-
ceived under Section 112 of the Act by
the end of the fiscal year for which the
funds were made available. In addition,
each state grantee was required to ex-
pend all such obligations within 90 days
after the close of the fiscal year. The 90-
day period could be extended if a written
request was submitted and approved by
RSA. Since section 19 of the Rehab Act
Amendments of 1992 was adopted, how-
ever, all formula grant programs autho-
rized under the Act (including CAP and
the VR program) may now carryover
funds which are not obligated and ex-
pended prior to the beginning of the suc-
ceeding fiscal year. Hence, such funds
can now remain available for obligation
and expenditure by these grantees during
the entire succeeding fiscal year.
Office for Civil
Rights (OCR)
The Office for Civil Rights (OCR), located
in the U.S. Department of Education (as
well as other federal departments), is a
law enforcement agency. It is charged
with enforcing the federal civil rights laws
that prohibit discrimination on the basis of
race, color, national origin, sex, disability,
and age in programs and activities that
receive federal financial assistance.
These laws are as follows:
44
Title VI of the Civil Rights Act of 1964
(race, color, and national origin dis-
crimination)
Title IX of the Education Amendments
of 1972 (sex discrimination)
Section 504 of the Rehabilitation Act
of 1973 (disability discrimination under
federal grants and program)
Age Discrimination Act of 1975 (age
discrimination)
Title II of the Americans with Disabili-
ties Act of 1990 (disability discrimina-
tion by public entities, including public
school districts, public colleges and
universities, public vocational schools,
and public libraries, whether or not
they receive Federal financial assis-
tance)
These civil rights laws represent a nation-
al commitment to end discrimination in
educational programs. The laws also
work toward promoting the Department's
mission: ensuring equal access to educa-
tion and promoting educational excel-
lence throughout the nation.
Any client or client-applicant of a project,
program, or facility funded under the Act
(including CAP) who believes that they
may have been discriminated against
may file a complaint with the OCR. The
right to file a complaint is in addition to
any other legal rights an individual may
have, such as bringing a civil action in
state or federal court.
Information on how to file a complaint,
can be found online at www.ed.gov/about/
offices/list/ocr/.
Ongoing Support
Services
Ongoing support services – as used in the
definition of ASupported Employment@ –
are services needed to support and main-
tain an individual with a most significant
disability in supported employment. These
services are identified based on a deter-
mination by the DSU of the individual's
needs as specified in an IPE and are fur-
nished by VR from the time of job place-
ment until transition to extended services,
unless post-employment services are pro-
vided following transition. Support services
are provided thereafter by one or more ex-
tended service providers throughout the
individual's term of employment or multiple
placements if those placements are being
provided under a program of transitional
employment.
Services must include an assessment of
employment stability and the provision of
specific services or the coordination of ser-
vices at or away from the worksite. Such
services should include, at a minimum,
monitoring twice a month and, as neces-
sary, the provision of skilled job trainers; job
development and training; social skills train-
ing; regular observation or supervision of
the individual; follow-up services with regu-
lar contact with the following, as necessary:
employer; individual; parents, family mem-
bers, guardians, advocates or authorized
representatives; and other suitable profes-
sionals and informed advisors. These regu-
lar contacts must focus on reinforcing and
stabilizing the job placement, and facilitating
natural supports at the worksite. Other VR
services may also be required to support
and maintain the individual in employment.
[34 C.F.R. § 361.5(b)(33)].
See also – Supported Employment
45
On-the-Job Training
(OJT)
On-the-job training (OJT) consists of
learning to do a job by receiving instruc-
tion while performing at the actual job
site. Normally, the instruction is given by
the employer or another employee, and
the individual learning the job is usually
paid, like any other employee.
In providing OJT as a service, VR may
reimburse the employer for a percentage
of the employee=s wage, often on a de-
creasing percentage basis as the em-
ployee becomes more skilled and useful
to the business.
Order of Selection
Section 101(a)(5)(A) of the Act requires a
State VR agency to explain how it will
provide VR services to all eligible individ-
uals or, if it cannot provide services to all
these individuals, to describe and justify
the order of selection the agency will fol-
low in serving eligible individuals, with the
first priority being given to individuals with
the most significant disabilities, as de-
fined by the State.
Factors that cannot be used in determin-
ing order of selection include–
(i) Any duration-of-residency require-
ment, provided the individual is
present in the State;
(ii) Type of disability;
(iii) Age, gender, race, color, creed, or
national origin;
(iv) Source of referral;
(v) Type of expected employment outcome;
(vi) The need for specific services or an-
ticipated cost of services required by
an individual; or
(vii) The income level of an individual or
an individual's family.
[34 C.F.R. § 361.36(c)(2)].
The State plan must assure that eligible
individuals who do not meet the State=s
order of selection will have access to the
information and referral system imple-
mented under section 101(a)(20).
Regulations necessary to ensure the
proper administration of the order of selec-
tion can be found at 34 C.F.R. § 361.36.
See also – Individual with a “Most Signifi-
cant Disability”
Outreach
CAP outreach activities should be di-
rected to current applicants and clients of
programs, projects and facilities funded
under the Act, including activities in-
tended to reach populations of individuals
that are unserved or underserved by such
programs, especially minority groups and
urban and rural populations. Outreach ac-
tivities are not intended for generating
enrollment of clients into VR programs
and projects.
The following list – while not exhaustive –
provides some common methods that
CAPs can employ to conduct outreach:
 Brochures are probably the most
common method of outreach used
by almost all CAPs. Although Sec-
tion 112 of the Act does not specifi-
cally require CAPs to provide infor-
46
mation in accessible formats, the
"Statement of Findings, Purpose,
and Policy" which was incorporated
into the Act in 1992 refers to provid-
ing "equal access (including the use
of accessible formats)."
 Some CAPs produce materials, in-
cluding brochures, in Native Lan-
guages and alternative forms such as
in Spanish, Vietnamese, Cambodian,
Laotian, etc. to meet the needs of
specific ethnic populations located in
the state. Other CAPs have devel-
oped brochures in simple straightfor-
ward language which can be easily
understood by individuals with cogni-
tive and perceptual limitations.
 CAPs provide other printed mate-
rials such as flyers, fact sheets,
posters, letters, and other printed
materials to individuals seeking or
receiving services from State VR
agencies or from other programs
and projects funded under the Act.
The distribution of these materials
may occur on an ongoing basis.
 Toll-free telephone numbers that
enable individuals with disabilities to
contact the program from anywhere
in the state at no charge to the indi-
vidual are used by CAPs.
 Several CAP agencies have devel-
oped client handbooks or guides
that provide comprehensive over-
views of VR, IL, and CAP services.
 Some state VR agencies provide
each applicant with the opportunity to
participate in a VR orientation pro-
gram as a part of the formal applica-
tion process. In a few states, CAP
and VR have collaborated in devel-
oping a video package, slide presen-
tation, or webcast to be shown during
VR's orientation program.
 Media coverage is an effective
means of informing the public at
large of CAP=s availability, including
public service announcements
 (PSAs), which can be aired on radio
and television.
 Networking with consumer groups,
state and local service providers,
and other disability organizations
can be a key aspect of CAP=s out-
reach efforts. Informing and offering
to make presentations describing
CAP services to such groups is an
effective means of outreach to spe-
cific target populations.
 Participation in committees, task
forces, and/or coalitions that ad-
dress disability-related issues is also
an effective method of alerting oth-
ers about the availability of CAP and
of addressing CAP-related issues.
Many CAPs have advisory commit-
tees or councils that provide advice
on and guidance concerning the op-
erations of the program.
 Some CAPs extend their outreach
efforts to involve the implementation
of entire outreach projects, e.g.,
sponsoring and/or coordinating con-
ferences, seminars, and workshops.
Since most outreach projects involve
group presentations and are con-
ducted away from the CAP office,
the presentations developed for
such projects need to be simple,
precise, and applicable to different
groups. Such generically planned
projects can then be modified to
meet the needs of specific au-
diences and/or special populations.
See also – Public Service Announcement;
Underserved Populations
Overturning or Mod- P& A/CAP System
ifying an IHO Decision
Section 102(c)(5)(D) of the Act outlines
the procedures for seeking a review of an
47
IHO decision. First, a state may, but is not
required to, establish procedures to ena-
ble a party involved in a hearing to seek
impartial review of the decision by:
1. The chief official of the DSA if the
state has both a DSA and DSU; or
2. An official of the governor=s office.
Under this optional procedure, the re-
viewing official may not overturn or
modify the decision of the IHO, or
part of the decision, that supports the
position of the applicant or eligible in-
dividual unless the reviewing official
concludes, based on clear and con-
vincing evidence, that the decision of
the IHO is clearly erroneous on the
basis of being contrary to the ap-
proved State plan, this Act, and its
implementing regulations, or any
State regulation or policy that is con-
sistent with the Federal requirements
specified in Title I of the Act.
In the Rehab Act Amendments of 1998,
Congress clarified that the chief official of
the DSA cannot delegate this authority to
any employee of the DSU.
Following the IHO decision, or if the state
has adopted the state reviewing officer de-
cision following that decision, either party
may seek review of the relevant decision in
federal or state court. [Section 102(c)(5)(F)
and (J); 34 C.F.R. § 361.57(g) and (i)].
See also – Civil Action; Due Process; Re-
viewing an IHO Decision; and Reviewing
Official
The P&A/CAP network is federally man-
dated to operate in every state and territo-
ry in the United States. In addition to the
50 states and territories – American Sa-
moa; District of Columbia; Guam; North-
ern Marianas Islands; Puerto Rico; and
the US Virgin Islands – there is also a
federally mandated Native American
P&A. Of the P&As, 47 are nonprofit or-
ganizations, while the remaining 10 are
part of state government. Twenty-five
CAPs are entities separate from the des-
ignated state P&A. Collectively, the
P&A/CAP network is the largest provider
of legally based advocacy services to
people with disabilities in the United
States.
Key components of this advocacy include
investigating reports of abuse and neglect
and seeking systemic change to prevent
further incidents; advocating for basic
rights, including the right to live in the
community; and ensuring accountability
for individuals with disabilities in health
care, education, employment, housing,
transportation, and the juvenile and crimi-
nal justice systems.
The statutory programs (see detailed de-
scription in following sections). that guide
this work are as follows:
• Protection and Advocacy for Individ-
uals with Developmental Disabilities
(PADD)
• Client Assistance Program (CAP)
• Protection and Advocacy for Individ-
uals with Mental Illness (PAIMI)
• Protection and Advocacy for Individ-
ual Rights (PAIR)
• Protection and Advocacy for Assis-
tive Technology (PAAT)
• Protection and Advocacy for Benefi-
ciaries of Social Security (PABSS)
48
• Protection and Advocacy for Individ-
uals with Traumatic Brain Injury
(PATBI)
• Protection and Advocacy for Voting
Access (PAVA)
Two of the P&A programs (PADD and
PAIR) are required to develop annual
priorities for serving eligible individuals.
This is especially critical because the de-
mand for P&A services exceeds available
program funding. Priorities are estab-
lished based on a public hearing process,
and must ensure that the most vulnerable
populations or those with complex advo-
cacy needs are served first. In addition,
P&As are obligated to reach out to un-
served and underserved populations.
P&As are required to have the ability to
pursue legal, administrative and other ap-
propriate strategies to protect the rights of
individuals with disabilities under federal
and state statutes. While P&As frequently
rely on lawsuits to remedy rights viola-
tions, over 95 percent of disputes tradi-
tionally have been settled without resort-
ing to litigation.
A complete listing of addresses for each
of the state/territory P&A/CAPs may be
found at www.NDRN.org.
See also -TASC; NDRN; PAAT; PABSS;
PADD; PAIMI; PATBI; and PAVA
PAAT
The Protection & Advocacy for Assis-
tive Technology (PAAT) program was
created in 1994 when Congress expanded
the Technology-Related Assistance for In-
dividuals with Disabilities Act (referred to as
the Tech Act) to include funding for P&As to
assist individuals with disabilities and their
family members, guardians, advocates, and
authorized representatives in accessing as-
sistive technology (AT) devices and servic-
es (e.g., motorized wheelchairs, "talking"
computers, adaptive computer software,
etc.) through case management, legal re-
presentation, and self-advocacy training.
When the Tech Act was originally passed in
1988, it set up a lead agency in each state
to coordinate activities to facilitate access to
funding for AT devices and services for in-
dividuals with disabilities. With the passage
of the 1994 amendments to the Tech Act,
these lead agencies were required to con-
tract with the P&A system in each state and
territory for the provision of advocacy and
legal services to ensure access to funding
for AT devices and services.
A primary focus of PAAT program activi-
ties is "systems change.” Hence, the PAAT
program is mandated to help facilitate sys-
temic change through legal advocacy and
changes in laws, regulations, policies, and
practices that impede the availability or
provision of AT devices and services. The
primary focus is on vocational rehabilita-
tion, special education services, medical
assistance, and private insurance.
The Office of Special Education and Re-
habilitative Services (OSERS), National
Institute on Disability and Rehabilitation
Research (NIDRR) administers the PAAT
Program.
PABSS
The Protection & Advocacy for Benefi-
ciaries of Social Security (PABSS) pro-
gram was created pursuant to the Ticket
to Work and Work Incentive Improvement
Act (TWWIIA), enacted in December
1999. TWWIIA established several new
initiatives within the Social Security Ad-
49
ministration (SSA). These initiatives in-
clude: several new work incentive provi-
sions; renewed demonstration authority
for the SSDI program; the Ticket to Work
and Self Sufficiency program; the Bene-
fits Planning, Assistance and Outreach
(BPA&O) projects; improvements in the
optional Medicaid Buy-In program; and
the addition of the newly created PABSS
program to serve SSDI and SSI beneficia-
ries who want to work despite their con-
tinuing severe disabilities.
PABSS programs can serve any individual
who is entitled to SSI or SSDI benefits
based on disability. The specific purposes
of the program are to provide 1) informa-
tion and advice about obtaining VR and
employment services; and 2) advocacy or
other services that a beneficiary needs to
secure or regain gainful employment. Ser-
vices include assistance and individual re-
presentation to beneficiaries with disabili-
ties seeking VR, employment, and other
support services from employment net-
works and other service providers; investi-
gation and review of any complaint of im-
proper or inadequate services provided to
a beneficiary with a disability by a service
provider, employer, or other entity involved
in the beneficiary=s return to work effort;
information and referral to Social Security
beneficiaries with disabilities about work
incentives and employment; consultation
to and legal representation on behalf of
beneficiaries with disabilities when such
services become necessary to protect the
rights of such beneficiaries; and identifica-
tion and advocacy to correct deficiencies in
entities providing VR services, employ-
ment services, and other support services
to beneficiaries with disabilities.
The Social Security Administration, Office
of Employment Support Programs admi-
nisters the PABSS program.

PADD
The Protection & Advocacy System for
Persons with Developmental Disabili-
ties (PADD) program was the first P&A
program, created by Congress in 1975 in
response to public outcry against abuse
and neglect of persons with developmen-
tal disabilities. This system was estab-
lished under the Developmental Disabili-
ties Assistance and Bill of Rights Act of
1975 (referred to as the DD Act), which
mandated that each state and territory
establish a P&A system by October 1,
1977, as a condition for receiving its Ba-
sic State Grant allotment under the DD
Act.
PADD programs represent children with
developmental disabilities in many areas,
such as special education, child abuse,
and guardianship. Adults with develop-
mental disabilities continue to receive
PADD services related to abuse and neg-
lect in institutions, guardianship, employ-
ment discrimination, access to public
structures, discrimination in housing, etc.
PADD systems are required to emphasize
outreach to minorities and investigation of
abuse and neglect.
The Administration for Children, Youth
and Families (ACYF), Administration on
Developmental Disabilities (ADD) admi-
nisters the PADD Program.
PAIMI
The Protection & Advocacy System for
Individuals with Mental Illness (PAIMI)
program was established under the Pro-
tection and Advocacy for Mentally Ill Indi-
50
viduals Act of 1986 (referred to as the
PAIMI Act), and modeled after the PADD
program. P&As are mandated under the
PAIMI Act to protect and advocate for the
rights of persons with mental illness and
to investigate complaints of abuse and
neglect in mental health facilities.
Prior to the 2000 amendments to the
PAIMI Act, eligibility for services under
the PAIMI was limited to persons with
mental illness who either resided in facili-
ties providing 24-hour care and treatment,
who were in the process of being trans-
ported or admitted to such a facility, or
who were involuntarily confined in a mu-
nicipal detention facility for reasons other
than serving a sentence resulting from
conviction for a criminal offense. PAIMI
services also could be provided with re-
spect to rights violations occurring within
90 days of an individual's discharge from
a covered facility.
Amendments to the PAIMI Act in 2000
eliminated the strict residential facility cri-
teria. Eligibility for services now extends
to persons with a significant mental illness
who reside in the community – including
their own homes.
PAIMI services typically ensure that psy-
chiatric treatments are neither abusive
nor neglectful by including investigation of
unnecessary physical interventions during
hospitalizations, forced medications, in-
appropriate commitments, unlawful seclu-
sions, etc.
The Substance Abuse and Mental Health
Services Administration (SAMHSA), Cen-
ter for Mental Health Services (CMHS)
administers the PAIMI Program.

PAIR
The Protection & Advocacy of Individ-
ual Rights (PAIR) program was estab-
lished under the 1978 amendments to the
Rehab Act; however, no funding was ap-
propriated for this program until FY 1991.
Under the PAIR program, P&As are au-
thorized to serve all persons with disabili-
ties who are not eligible for services un-
der the PADD or PAIMI programs and
whose issues do not fall within CAP au-
thorization. However, eligibility under
another P&A/CAP program does not nec-
essarily exclude eligibility under PAIR or
the other existing P&A programs. For ex-
ample, a client of the State VR agency
who is receiving CAP services with regard
to issues in accessing needed VR servic-
es may also access PAIR services to as-
sist in matters not related to the programs
and projects funded under the Rehab Act
(Senate Report 102-357, July 29, 1992,
page 98). The PAIR program has enabled
P&As to provide extensive services relat-
ing to the ADA and fair housing issues.
The Office of Special Education and Re-
habilitative Services (OSERS), Rehabilita-
tion Services Administration (RSA) admi-
nisters the PAIR Program.
PATBI
The Protection & Advocacy for Individ-
uals with Traumatic Brain Injury pro-
gram was established through the Child-
ren's Health Act of 2000. With the pas-
sage of the Traumatic Brain Injury (TBI)
Act of 1996 and its reauthorization in the
Children's Health Act of 2000, Congress
recognized a pressing need for improved
51
access to, and coordination of, TBI ser-
vices and support for individuals with TBI
and their families. Additionally, Congress
recognized that State, Tribal, and Terri-
torial P&A systems are critical to achiev-
ing the goals and objectives of the TBI
Act. Thus, the Children‟s Health Act in-
cluded language authorizing the Secre-
tary to make grants to existing State P&A
systems for the purposes of strengthening
P&A service delivery to individuals with
TBI and their families.
The planning and assessment of State TBI
P&A systems, responsiveness to TBI is-
sues, and outreach strategies to the brain
injury community are critical to ensure that
P&A services will be delivered appropriate-
ly for individuals with TBI and their fami-
lies. The purpose of these grants is to en-
able State P&A systems to develop a plan
to address the needs of individuals with
TBI and their families through the provision
of (1) information, referrals and advice; (2)
individual and family advocacy; (3) legal
representation; and (4) specific assistance
in self advocacy.
PAVA
Protection and Advocacy for Voting
Access is the newest program to come
into the P&A/CAP System. The Help
American Vote Act of 2002 (HAVA) was
passed to improve the administration of
elections in the United States in the wake
of the 2000 presidential election. HAVA
seeks to improve voting access to indi-
viduals with disabilities in various ways,
including through grants to P&As.
HAVA requires each state to Aensure the
full participation in the electoral process
for individuals with disabilities, including
registering to vote, casting a vote, and
accessing polling places.@ The voting P&A
program is administered by the Adminis-
tration for Children and Families (ADD)
within the Department of Health and Hu-
man Services (HHS).
Payment for Services
(by a VR Agency)
The State VR plan must assure that the
State VR unit develops and maintains
written policies covering the rates of pay-
ment for all purchased VR services. The
State may establish a fee schedule de-
signed to ensure a reasonable cost to the
program for each service, provided that
the schedule is not so low as to effectively
deny an individual a necessary service, is
not absolute, and permits exceptions so
that individual needs can be addressed.
The State unit may not place absolute
dollar limits on specific service categories
or on the total services provided to an in-
dividual. [34 C.F.R. § 361.5(c)].
See also – Authorization for VR Services
People-First
Language
Civil rights laws alone will not change atti-
tudes about people with disabilities. Lan-
guage, too, is an important barometer of
our progress.
If people are labeled, or if a label comes
before the person, then a large part of how
that person is perceived has already been
defined. One way to avoid negative stereo-
types is by using Apeople-first@ language.
52
People-first language is a commitment to
always put the individual (person) before
the disability and to discontinue language
and terms that can be dehumanizing and
perpetuate negative stereotypes. Here
are some examples of people-first lan-
guage followed by negative language that
should not be used.
Person with a disability (puts the person
FIRST, not the label). Negative language:
invalid, disabled, handicapped,
Person who uses a wheelchair...or a
cane...or a communication board, etc.
(puts the person first and explains how
that person controls his or her environ-
ment/has power). Negative language:
crippled, lame, deformed; confined to a
wheelchair; wheelchair-bound.
Person with a Mental Health Diagnosis
(puts the person first and gets away from
the idea that the person is sick – indicates
that the label is not a personal characte-
ristic). Negative language:crazy, nuts.
Person who has... Cerebral Palsy/ Mus-
cular Dystrophy, etc. (puts the person
first) Negative language: spastic, fits, or
victim of ... (makes the disability sound
like a terrible fate).
P olicies Governing
Provision of VR Services
The DSU must develop and maintain writ-
ten policies covering the nature and
scope of each of the VR services speci-
fied in section 361.48 of the federal regu-
lations and the criteria under which each
service is provided. The policies must en-
sure that the provision of services is
based on the rehabilitation needs of each
individual as identified in that individual's
IPE and is consistent with the individual's
informed choice. The written policies may
not establish any arbitrary limits on the
nature and scope of VR services to be
provided to the individual to achieve an
employment outcome.
With regard to payment for services, the
DSU must establish and maintain written
policies to govern the rates of payment for
all purchased VR services. The DSU may
establish a fee schedule designed to en-
sure a reasonable cost to the program for
each service, but the fee schedule cannot
be set so low as to effectively deny a ser-
vice, nor can it be an absolute amount,
but must allow for exceptions to address
individual needs. [Sections 12(c) and
101(a)(6); 34 C.F.R. § 361.50]
Post-Employment
Services
Post-employment services means one or
more of the services identified in 34 C.F.R.
§ 361.48 that are provided subsequent to
the achievement of an employment out-
come and that are necessary for an indi-
vidual to maintain, regain, or advance in
employment, consistent with the individu-
al's strengths, resources, priorities, con-
cerns, abilities, capabilities, and interests.
A note in the Federal regulations after 34
CFR § 361.5(b)(42) states that post- em-
ployment services are intended to ensure
that the employment outcome remains
consistent with the individual's strengths,
resources, priorities, concerns, abilities,
capabilities, and interests.
These services are available to meet re-
habilitation needs that do not require a
complex and comprehensive provision of
53
services and, thus, should be limited in
scope and duration. If more comprehen-
sive services are required, then a new re-
habilitation effort should be considered.
Post-employment services are to be pro-
vided under an amended IPE; thus, a
re-determination of eligibility is not required.
The provision of post-employment services
is subject to the same requirements as the
provision of any other VR service.
Post-employment services are available to
assist an individual to maintain employ-
ment, e.g., the individual's employment is
jeopardized because of conflicts with su-
pervisors or co-workers and the individual
needs mental health services and counsel-
ing to maintain the employment; to regain
employment, e.g., the individual's job is
eliminated through reorganization and new
placement services are needed; and to
advance in employment, e.g., the em-
ployment is no longer consistent with the
individual's strengths, resources, priorities,
concerns, abilities, capabilities, and inter-
ests. [34 C.F.R. § 361.5(b)(42)].
Presumption of
Benefit
In making a determination regarding an
individual's eligibility for services, an indi-
vidual shall be presumed to be an individ-
ual that can benefit in terms of an em-
ployment outcome from VR services un-
less the DSU involved can demonstrate by
clear and convincing evidence that such
individual is incapable of benefitting in
terms of an employment outcome from VR
services due to the severity of the disability
of the individual.
The DSU shall explore the individual's ab-
ilities, capabilities, and capacity to per-
form in work situations, through the use of
trial work experiences (as described in
section 7(2)(D)) with appropriate supports
provided through the DSU, except under
limited circumstances when an individual
cannot take advantage of such expe-
riences. Such trial work experiences shall
be of sufficient variety and over a suffi-
cient period of time to determine the eligi-
bility of the individual or to determine the
existence of “clear and convincing” evi-
dence that the individual is incapable of
benefitting in terms of an employment
outcome from VR services due to the se-
verity of the disability of the individual.
[Section 102(a)(2); 34 C.F.R. § 361.42(a)2].
See also – Trial Work Experience; Clear
and Convincing Evidence
Presumption of
Eligibility for Social
Security Recipients
Section 102(a)(3)(A)(ii) of the Act stipu-
lates that an individual who is determined
to have a disability or who is blind for pur-
poses of Social Security Disability Income
(SSDI) or Supplemental Security Income
(SSI) is presumed to meet the eligibility
criteria for VR services under section
102(a)(1)(A) and (B) of the Act. The indi-
vidual, however, must intend to achieve
an employment outcome that is consis-
tent with the unique strengths, resources,
priorities, concerns, abilities, capabilities,
interests, and informed choice of the indi-
vidual.
Through its application process for VR
services, the DSU is responsible for in-
forming individuals that those who receive
services under the program must intend
to achieve an employment outcome.
54
Completion of the application process for
VR services is sufficient evidence of the
individual's intent to achieve an employ-
ment outcome.
The statutory presumption that the indi-
vidual can benefit from VR services in
terms of an employment outcome, how-
ever, can be rebutted by the State VR
agency by demonstrating, through “clear
and convincing” evidence produced by
the exploration of the individual=s abilities,
capabilities, and capacity to perform in
work situations consistent with the re-
quirements of section 102(a)(2)(B) of the
Act, that the SSDI beneficiary or SSI reci-
pient is incapable of benefitting in terms
of an employment outcome from VR ser-
vices due to severity of the disability. [34
C.F.R. § 361.42(a)(3)].
Problem solving
Constructive conflict resolution results not
in someone winning or losing but rather it
is a way of resolving the conflict so both
parties feel good about the outcome.
Principles of Constructive Problem Reso-
lution include:
1) Not assuming that you understand
each other;
2) Asking for clarification – always ask
why; and
3) Not jumping to conclusions.

Procedures for
Seeking Review
of IHO Decision
A State may, but is not required to, estab-
lish procedures to enable a party involved
in a hearing to seek an impartial review of
the decision of the hearing officer by–
(i) the chief official of the DSA if the
State has established both a DSA and
a DSU under section 101(a)(2); or
(ii) an official from the office of the Gover-
nor.
A request for an administrative review of
the IHO‟s decision must be made within 20
days of the mailing of the IHO‟s decision.
[Section 102(c)(5)(F); 34 C.F.R. § 361.57(g)].
See also – Review of IHO Decision and
Reviewing Official
Projects with Industry
Projects with Industry (PWI) was created
in 1968 as part of the Rehab Act. Its pur-
pose is to develop cooperative arrange-
ments between rehabilitation organiza-
tions and private employers in building
competitive employment placement pro-
grams for persons with disabilities.
As of December 2007, there were 75 PWI
funded by the federal government. These
projects vary in focus: some are national;
others local or regional; some serve cer-
tain categories of people such as youth,
the elderly, or persons with a specific dis-
ability. Projects are run by a wide variety
of organizations, including major corpora-
55
tions, unions, rehabilitation facilities, small
businesses, advocacy organizations, na-
tional trade associations, and organiza-
tions created for the purpose of providing
PWI services. In all projects, emphasis is
placed on serving individuals with severe
disabilities.
Projects are directly funded in 42 states.
The 8 states without a direct-funded
project may be covered to some extent by
a national program. Within a state, many
PWI are only able to serve a limited geo-
graphical area or serve special popula-
tions within a given geographic area.
PWI must track the number of persons
served and placed into competitive em-
ployment; the number who were severely
disabled; the number who had been unem-
ployed at least six months; and the weekly
earnings of people placed into jobs. Many
projects also track the number of persons
placed and served who had received SSDI
or SSI in the month prior to placement.
In promoting opportunities for competitive
employment of persons with disabilities,
private industry is an essential partner in
the PWI model. Private industry offers its
talent and leadership, participates in iden-
tifying and providing job opportunities,
skills, training and settings to qualify per-
sons with disabilities for competitive jobs.
PWI differs from other placement pro-
grams in several respects. First and
foremost, business is recognized as a full
partner in the process. Each project has a
Business Advisory Council (BAC). This
Council is key to every aspect of the pro-
gram, from determining labor market
needs to designing training that will meet
employer needs. For example, some
council members have arranged for PWI
clients to participate in the training some
businesses provide their employees. Be-
sides providing information about job op-
portunities and trends, others have pro-
vided PWI with such resources as train-
ers, curriculum, materials, computers, and
office / classroom space.
Many PWI have also adopted a marketing
approach to placements. Great care is
taken to ensure that the needs of em-
ployers are being met. Employers are the
customer, or consumer, and placements
will not occur if their needs are not being
met. PWI are required to be accountable,
being one of the few government pro-
grams where projects must meet stan-
dards and indicators of success to receive
funds or continued funding.
The financial bottom line is the measure
of success in business. PWIs= return of
almost $3.00 in the first year after place-
ment for each $1.00 spent on PWI gains
respect from PWI business partners.
These are real savings based on FICA
and income taxes and savings from
people not having to rely on welfare pro-
grams. The 3 to 1 return is based on the
first year of employment. Most of the per-
sons placed through PWIs will be starting
on many years of work, and the savings
can be multiplied many times over.
Protection, Use, and
Release of Personal
Information
34 C.F.R. § 361.38 deals with the protec-
tion, use, and release of personal infor-
mation by VR applies to the DSA and
DSU. In addition, 34 CFR 370.48 of the
final CAP regulations outlines additional
requirements pertaining to the protection,
use, and release of personal information.
56
All personal information about individuals
served by a designated CAP agency must
be held strictly confidential. This includes
lists of names, addresses, photographs,
and records of evaluation. In addition, the
designated CAP agency's use of informa-
tion and records concerning individuals
seeking CAP assistance must be limited
only to purposes directly connected with
the provision of CAP assistance. Such
purposes would include program evalua-
tion activities.
With limited exceptions, such information
may not be disclosed – directly or indirectly
– other than in the administration of the
CAP, unless the individual's written consent
(or the written consent of the individual's
parent, legal guardian, or other legally au-
thorized representative or advocate, includ-
ing the CAP advocate) has been obtained.
Likewise, a designated CAP agency may
not produce any report, evaluation, or study
that reveals any personally identifying in-
formation without the written consent of the
individual or his or her representative.
Public Service
Announcements (PSAs)
Public service announcements (PSAs)
may be used as a means to generate in-
quiries about, and applications for, CAP
services. The following sample PSAs
were distributed by NDRN during March
1998.
How Can CAP Help You?
30-second PSA
Are you a person with a disability looking
for work? Did your state=s vocational re-
habilitation or VR agency not help you?
Then contact (name of CAP) at (phone
number) to resolve disputes with VR.
CAP can help you get the VR services
you need to get to work or stay on the job.
CAPs are helping to pave the road to
work.
How Can CAP Help You?
60-second PSA
If you or someone you know has a disa-
bility and is seeking or receiving services
from your state=s vocational rehabilitation,
or VR program, this message is for you.
If you=re unhappy with the services you=re
getting from VR, or you were denied ser-
vices, you have another option. The
Client Assistance Program, or CAP, helps
people with disabilities resolve disputes
with VR regarding employment services.
CAP is free and might be able to help you
get VR services to go to work or stay on
the job. For example, CAP represented a
man with a head injury who wanted to
start his own business. VR denied his
original plan but CAP worked with VR and
the client to come up with a mutually ac-
ceptable plan.
Contact (Name of CAP) at (phone num-
ber) because finding a job is the first step
to a better future.
CAPs are helping to pave the road to work.
See also – Outreach
Purpose and
Function of CAP
Section 112(a) of the Rehab Act estab-
lishes the CAP to provide assistance in
57
informing and advising all applicants and
clients of all available benefits under the
Act and, upon request, to assist such ap-
plicants and clients in their relationships
with projects, programs, and services
provided to them under the Act.
Qualified Rehabilita-
tion Counselor
A qualified rehabilitation counselor is a
VR counselor who is trained and pre-
pared in accordance with State policies
and procedures, as described in section
101(a)(7)(B) (referred to individually in
this title as a "qualified vocational rehabili-
tation counselor"). The 1992 amendments
placed great emphasis on qualified reha-
bilitation counselors. The Title I regula-
tions at 34 C.F.R. § 361.18 require that
the state plan describe the procedures
and activities the DSA must undertake to
establish and maintain a comprehensive
system of personnel development de-
signed to ensure an adequate supply of
qualified rehabilitation personnel.
DSUs are required to establish personnel
standards that are consistent with any na-
tional or state-approved certification, li-
censing, or registration requirements that
apply to the profession or discipline in
which personnel are providing VR servic-
es. [Section 101 (a)(7)(B)(i); 34 C.F.R. §
361.18 (c)(1)(I)]. The Act and its implement-
ing regulations do not require VR agencies
to replace staff members who do not meet
these standards, but rather to take steps to
retrain them to meet appropriate profes-
sional requirements in the state.
Senate Report 102-357 related to the
1992 amendments to the Act states that
the Comprehensive System of Personnel
Development (CSPD) section is among
the most important provision in the bill
and reflects Congress' belief that trained,
qualified personnel often make the differ-
ence between success and failure in faci-
litating the achievement of employment
outcomes for people with disabilities.
See also – Certified Rehabilitation Counse-
lor Code of Ethics; Ethics for CRC
Randolph-Sheppard
Act
The Randolph-Sheppard Act authorizes a
program providing persons who are blind
with remunerative employment and self-
employment through the operation of
vending facilities on Federal and other
property. The program, created in 1936,
was intended to enhance employment
opportunities for trained, licensed persons
who are blind to operate facilities. At the
outset, sundry stands were placed in the
lobbies of federal office buildings and
post offices. The law was subsequently
amended in 1954 and again in 1974 to
ultimately ensure individuals who are
blind a Apriority@ in the operation of vend-
ing facilities, which include cafeterias,
snack bars, and automatic vending ma-
chines.
Regional Offices
(RSA)
Prior to September 2005, the Rehabilita-
tion Services Administration (RSA) main-
tained Regional Offices headed by Re-
gional Commissioners who report directly
to the Commissioner of RSA. These re-
gional offices were the contact for state
58
VR and CAP agencies located in the re-
gion. With the closure of these offices,
administration is now headquartered in
Washington, DC. Though now eliminated,
reference is still often made to the former
RSA region. Following is a list of the
states formally contained within the ten
RSA regions:
Region I: CT; ME; MA; NH; RI; VT
Region II: NJ; NY; PR; VI
Region III: DE; DC; MD; PA; VA; WV
Region IV: AL; GA; FL; KY; MS; NC;
SC; TN
Region V: IL; IN; MI; MN; OH; WI
Region VI: AR; LA; NM; OK; TX
Region VII: IA; KS; MO; NE
Region VIII: CO; MT; ND; SD; UT; WY
Region IX: AS; AZ; CA; MP; GU; HI;
NV; Palau
Region X: AK; ID; OR; WA
See also – Administering Agency for CAP
and Monitoring of CAP Agencies, RSA
Regional Rehabilita-
tion Continuing
Education Programs
Regional Rehabilitation Continuing Educa-
tion Programs (RRCEPs) assist VR agen-
cies in achieving their mission of increas-
ing employment outcomes of individuals
with disabilities, especially those individu-
als with significant disabilities, by delivering
continuing education and human resource RRCEP VI
development services (training) to State University of Arkansas
VR Agencies, CAPs, ILCs, and the other P.O. 1358
programs and projects funded under the Hot Springs, Arkansas 71902
Rehab Act. The National Directory of Telephone: 501-623-7700
RRCEPs include: www.rcep6.org

RRCEP I RRCEP VII

Assumption College The University of Missouri-Columbia
500 Salisbury Street Office of Sponsored Program Admin.
Worcester, MA 01615-0005 401 Locust Street. Suite 302
Telephone: 508-767 -7219 Columbia, Missouri 65211
www.assumption.edu/HTML/SocRehab/ Telephone: 573-882-3807
www.rcep7.org
RRCEP II
State University of NY at Buffalo RRCEP VIII
439 Christopher Baldy Hall, North Campus University of Northern Colorado
Buffalo, NY 14260 Greeley, Colorado 80639
Telephone: 716-645-2517 Telephone: 970-351-1321
www.gse.buffalo.edu/org/rrcep/ Fax: 970-351-6519
www.unco.edu/rrcep/
RRCEP III RRCEP IX
The George Washington University San Diego State University FDN
2011 Eye Street, N.W., Suite 300 5850 Hardy Avenue, Suite 112
Washington, D.C. 20052 San Diego, CA 92182-1900
Telephone: 202-973-1550 Telephone: 619-594-4228
www.gwu.edu/%7Errcep/ http://interwork.sdsu.edu/rcep/
RRCEP IV RRCEP X
Georgia State University Western Washington University
School of Policy Studies, University Plaza Center for Continuing Ed & Rehabilitation
Atlanta, GA 30303-3083 912 220th St. SW, #105
Telephone: 404-651-3509 Mountlake Terrace, Washington 98043
www.gsu.edu/~wwwsps/prl/rrcep.htm Telephone: 425-957-4522
www.ccer.org
University of Tennessee/Knoxville
College of Education
Room 120, Claxton Education Addition
Knoxville, TN 37996-3400
Telephone: 423-974-6662
http://web.utk.edu/~rrcep4ut/
Regulations
When state or federal statutes are
RRCEP V
passed, the statute generally provides
Southern Illinois University
that a specific government agency will run
Mail Code 6703
the program and "promulgate" (develop
Carbondale, IL 62901
and publish) regulations governing the
Telephone: 618-536-7704
day-to-day operations of the program.
www.rcepv.siu.edu/
These regulations must not conflict with
59
the requirements of the statute. Regula-
tions generally go into greater detail than
does the statutory language.
Procedures for developing and finalizing
regulations are set forth in the federal and
state Administrative Procedures Acts
(APA). These APA require agencies to
develop proposed regulations, gather
public input through public hearings
and/or written comments and, as appro-
priate, respond and modify final regula-
tions consistent with such input. In each
state there should be an agency of gov-
ernment that is responsible for reviewing
the regulations and public comments, and
for ensuring that final regulations conform
with the procedural requirements of the
state APA statute and are consistent with
the underlying statute.
Federal regulations are contained in the
Code of Federal Regulations, also known
as the CFR. Following requirements un-
der the federal APA, proposed regula-
tions are first published in the Federal
Register, a daily publication of activities
taking place within federal agencies such
as the promulgation of regulations, pro-
posed regulations, major agency meet-
ings, etc., in order to solicit comments.
Normally, after comments are taken and
any revisions made, final regulations are
published, usually including a synopsis of
the comments and how the agency re-
sponded to the comments. On a yearly
basis, the federal regulations are orga-
nized by topic and published in volumes
of the Code of Federal Regulations.
Regulations for the VR Title I program
can be found in 34 CFR Part 361 (pub-
lished in the Federal Register, Volume 66,
Number 11, on January 17, 2001).
The "34" represents the Title number
dealing with Education. (Note: the U.S.
Department of Education oversees the
60
Rehabilitation Services Administration,
located in the Office of Special Education
and Rehabilitative Services).
"Parts 361, 363, and 370" are groups of
sections addressing a common issue
within Volume 34. Individual sections ad-
dress very narrow issues and may be
cited using the section “§” sign.
Regulations for the CAP can be found at
34 CFR Part 371 (published in the Feder-
al Register, Volume 60, Number 212, No-
vember 2, 1995).
Rehabilitation
Services Administration
CAP is administered by the Rehabilitation
Services Administration (RSA), Office of
Special Education and Rehabilitative Ser-
vices (OSERS), in the U.S. Department of
Education (DOE).
RSA is established by Congress as the
principle Federal agency authorized to
carry out Titles I, III, VI, VII, and VIII, as
well as specified portions of Title V, of the
Rehab Act of 1973, as amended; the enti-
rety of the Randolph-Sheppard Act, as
amended; and the Helen Keller National
Center for Deaf-Blind Youth and Adults
Act.
RSA provides national leadership for, and
administration of, basic State and formula
grant programs, service projects and re-
habilitation training discretionary grant
programs, the Randolph-Sheppard vend-
ing facilities, and Helen Keller National
Center programs; and evaluates all au-
thorized programs to improve manage-
ment and effectiveness. These programs
develop and implement comprehensive
and coordinated programs of VR, sup-
ported employment, and independent liv-
ing for individuals with disabilities through
services, training, research, and econom-
ic opportunities, in order to maximize their
employability, independence, and integra-
tion into the workplace and the communi-
ty.
RSA is responsible for the formulation,
development, and implementation of reg-
ulations, policies, and guidelines for the
three statutes, as described in the prior
paragraph. In addition, RSA is responsi-
ble for advising the Assistant Secretary of
the OSERS and the Secretary of Educa-
tion on the formulation, development, im-
plementation, and review of other policies
and legislation affecting individuals with
disabilities.
Rehabilitation
Technology
The term "rehabilitation technology" as
defined in the Act means
the systematic application of tech-
nologies, engineering methodol-
ogies, or scientific principles to
meet the needs of and address the
barriers confronted by individuals
with disabilities in areas which in-
clude education, rehabilitation,
employment, transportation, inde-
pendent living, and recreation. The
term includes rehabilitation engi-
neering, assistive technology de-
vices, and assistive technology
services. [Section 7(30)].
Rehabilitation engineering technology en-
compasses a range of services and devic-
es that can supplement and enhance indi-
vidual functions. It also encompasses ser-
61
vices that impact the environment through
environmental changes, such as job re-
design or worksite modifications. Rehabili-
tation technologists may employ one or
both types of services in order to enhance
employment opportunities for an individual.
Any evaluation of an eligible individual=s
need for rehabilitation technology services
must be performed by personnel skilled in
rehabilitation engineering technology.
See also – Assistive Technology Device;
Assistive Technology Service; and Reha-
bilitation Engineering
Release of Information
CAP must obtain the informed written
consent of its clients and client-applicants
before it may request the State VR agen-
cy to release any personal information it
may have about the client or client-
applicant.
As a representative of the involved indi-
vidual, CAP can obtain access to the
medical or psychological information of
the client or client-applicant contained in
the State VR agency=s files if the client or
client-applicant has provided the CAP
with his or her informed consent for the
release of this information. [34 C.F.R. §§
370.20(b) and 361.38(c)(1)].
Medical or psychological information that
the State VR agency believes may be
harmful to the individual may be released
when the other agency or organization
assures the State VR agency that the in-
formation will be used only for the pur-
pose for which it is being provided and
will not be further released to the involved
individual. [34 C.F.R. § 361.38(c)(2)].
Usually, the VR agency and CAP obtain
the individual's written consent by having
the individual sign a "Release of Informa-
tion" or similarly titled form. The form
should be filled out specifically for the in-
dividual. CAP and VR should never ask
an individual to sign a blank release-of-
information form. The Release of Informa-
tion should specify: 1) from whom infor-
mation about the individual is sought; 2)
for what purpose the information will be
used; 3) to whom the information should
be released; and 4) for how long consent
is given (i.e., 3 months, 6 months, etc.).
The form should also notify the individual
that s/he has the right to revoke the con-
sent at any time. Such a revocation would
be effective immediately and would pre-
vent the future release or receipt of infor-
mation. The revocation cannot be applied
to information that already has been re-
leased or obtained.
See also – Confidentiality; Protection, Use
and Release of Personal Information
Requirement and
Process for Redesig-
nation of CAP
The 1986 amendments to the Act added
specific language to Section 112(c)(1)(B)
concerning the redesignation of the des-
ignated CAP agency, requiring that good
cause be shown before such redesigna-
tion could occur.
The Governor must provide 30 days pub-
lic notice of any proposed redesignation
of the CAP agency, including specification
of the good cause, and must allow indi-
viduals with disabilities and/or their repre-
sentatives an opportunity for public com-
ment on the proposed redesignation. The
intent of these redesignation require-
ments is to protect a designated agency
62
from retaliation for pursuing complaints
against agencies that provide services
under the Act, particularly those service
providers that are state agencies. [34
C.F.R. § 370.2(e)].
Sections 370.10 through 370.17 of CAP's
governing regulations delineate the
process that must be undertaken to rede-
signate a CAP for good cause. The regu-
lations extend the scope of the require-
ments, making them applicable to situa-
tions where the designated CAP agency
contracts out for the provision of CAP
services. As a result, the safeguards pre-
venting a designated CAP agency from
terminating a CAP contract are extended
to contract situations.
The 1998 amendments require redesig-
nation of any CAP within a State VR
agency if that agency undergoes any
changes in its organizational structure
that results in the creation of one or more
other State agencies or department.
In conducting any redesignation of the
CAP, the Governor must designate an
agency that is independent of any agency
that provides treatment, services, or re-
habilitation to individuals with disabilities
under this Act.
See also – Designation of CAP Agencies;
History of CAP; Good Cause for Redesig-
nation of CAP
Residency Require-
ment
There is no state residency requirement –
durational or otherwise – for an individual
to receive VR services. [Section 101(a)(12)
and 34 C.F.R. § 361.42(c)(1)]. In other words,
as long as the person is present in the
state, VR cannot deny services on the ba-
sis of the length of time the individual has
been or is expected to be present in the
state.
Although the 1998 amendments to the
Act did not change this language, the Se-
nate Committee Report (105-166, p.13)
notes that the requirement for an individ-
ual to be determined eligible to receive
services should not be interpreted in any
way to circumvent an individual=s choice
of an out-of-state provider.
With regard to such out-of-state
placements, the Committee in-
tends that the requirement >to be
present in the State= be imposed at
the time of eligibility determination
and not be used as a means of
denying the continuation of servic-
es which are being provided in an
out-of-state setting. This interpre-
tation is necessary to ensure the
continuation of services since re-
ferral to another State agency will
in no way ensure such continua-
tion of services.
Reviewing Official
A State may establish procedures to ena-
ble a party involved in a hearing to seek
an impartial review of the decision of the
IHO by the chief official of the DSA if the
State has established both a DSA and a
DSU under section 101(a)(2); or an offi-
cial from the office of the Governor.
In the Rehab Act Amendments of 1998,
Congress clarified that the chief official of
the DSA cannot delegate this authority to
any employee of the DSU.
The parties shall be provided an opportu-
63
nity for the submission of additional evi-
dence and information relevant to a final
decision concerning the matter under re-
view.
The reviewing official shall not overturn or
modify the decision of the IHO, or part of
the decision, that supports the position of
the applicant or eligible individual unless
the reviewing official concludes, based on
“clear and convincing evidence,” that the
decision of the IHO is clearly erroneous on
the basis of being contrary to the approved
State plan, the Act, including regulations
implementing the Act, or any State regula-
tion or policy that is consistent with the
Federal requirements specified in this title.
A final decision shall be made with re-
spect to the matter in a timely manner
and provide such decision in writing to the
applicant or eligible individual or, as ap-
propriate, the applicant's representative
or individual's representative, and to the
DSU, including a full report of the findings
and the grounds for such decision.
See also Civil Action; Due Process; Impar-
tial Hearing Officers; Overturning or Mod-
ifying an IHO Decision; Review of IHO De-
cision.
Review of IHO
Decision
A decision made by an impartial hearing
officer (IHO) after a hearing shall be final
unless one of the parties requests an im-
partial review if the state has established
procedures for such review.
If a state chooses to establish procedures
for the review of the IHO decision, the re-
view must be conducted by the chief offi-
cial of the DSA (if the state has both a
DSA and DSU) or an official from the
Governor‟s office.
Either party may request the review of the
decision of the hearing officer within 20
days after the decision. [Section 102
(c)(5)(D); 34 C.F.R. § 361.57(g)]
Any party aggrieved by a final decision
may bring civil action for review of such
decision. The action may be brought in
any state court of competent jurisdiction
or in a district court of the US of compe-
tent jurisdiction without regard to the
amount in controversy. In this situation,
the court shall receive the records, hear
additional evidence and base the decision
on the preponderance of evidence.
See also – Civil Action; Due Process; Impar-
tial Hearing Officers; Overturning or Modifying
an IHO Decision; and Reviewing Officials
Scope of CAP Services
CAP's role and responsibilities are consistent
throughout the VR service delivery system.
The activities in which CAP may engage in-
clude the following:
1. Advising and informing clients, client-
applicants, and individuals with dis-
abilities in the State, especially indi-
viduals with disabilities who have tra-
ditionally been unserved or under-
served by vocational rehabilitation
programs, of
$ All services and benefits available
to them through programs autho-
rized under the Act; and
$ Their rights in connection with
those services and benefits;
2. Informing individuals with disabilities in
the State, especially individuals with
64
disabilities who have traditionally been
unserved or underserved by vocation-
al rehabilitation programs, of the ser-
vices and benefits available to them
under Title I of the ADA;
3. Upon the request of a client or client-
applicant, assisting and advocating on
behalf of the client and client-applicant
in his or her relationship with projects,
programs, and services (including
community rehabilitation programs)
under the Act by engaging in individu-
al or systemic advocacy and pursuing,
or assisting and advocating on behalf
of a client and client-applicant to pur-
sue, legal, administrative, and other
available remedies, if necessary
(A) To ensure the protection of the
rights of a client or client-applicant
under the Act; and
(B) To facilitate access by individuals
with disabilities and individuals
with disabilities who are making
the transition from public school
programs to services funded under
the Act; and
4. Providing information to the public con-
cerning the CAP. [See 34 C.F.R. § 370.4].
CAP case services include information
and referral; counseling; advice and inter-
pretation regarding an individual's rights
under the Act; mediation; negotiation and
other forms of alternative dispute resolu-
tion with service providers; assistance
with administrative reviews and formal
appeals to resolve grievances; and, as
appropriate, legal services, including legal
consultation and representation.
CAPs must have the ability to pursue legal,
administrative, or other appropriate reme-
dies to ensure the protection of the rights
of the individuals seeking and receiving
services under the Act. This authority must
include the authority to pursue those re-
medies against the State VR agency and
other appropriate State agencies. The des-
ignated CAP agency meets this require-
ment if it has the authority to pursue these
remedies either on its own behalf or by ob-
taining necessary services, such as legal
representation, from outside sources.
Although CAPs are required to have the ca-
pacity to take legal action on behalf of their
clients, CAPs are required to establish pro-
cedures which will ensure that, to the maxi-
mum extent possible, mediation procedures
will be used prior to resorting to administra-
tive or legal remedies. In addition, CAPs are
prohibited from bringing any class action
lawsuits in carrying out their responsibilities.
See also – Authorized CAP Activities
Scope of VR Services
Services under the Act mean VR, indepen-
dent living, supported employment, and
other similar rehabilitation services provided
authorized under this legislation.
For the purposes of the CAP, the term "ser-
vices under the Act" does not include activi-
ties carried out under the P&A program au-
thorized by section 509 of the Act (i.e., the
Protection and Advocacy of Individual
Rights (PAIR) program, 34 C.F.R. part 381).
[34 C.F.R. § 370.6(b)].
VR services means those services identi-
fied in Section 103 which are provided to
individuals with disabilities under the Act.
Services must include, but are not limited
to, the following:
(1) an assessment for determining eligi-
bility and VR needs by qualified per-
65
sonnel, including, if appropriate, an
assessment by personnel skilled in
rehabilitation technology;
(2) counseling and guidance, including
information and support services to
assist an individual in exercising in-
formed choice consistent with the
provisions of section 102(d);
(3) referral and other services to secure
needed services from other agencies
through agreements developed un-
der section 101(a)(11), if such ser-
vices are not available under this title;
(4) job-related services, including job
search and placement assistance,
job retention services, follow-up ser-
vices, and follow-along services;
(5) vocational and other training servic-
es, including the provision of person-
al and vocational adjustment servic-
es, books, tools, and other training
materials, except that no training ser-
vices provided at an institution of
higher education shall be paid for
with funds under this title unless max-
imum efforts have been made by the
DSU and the individual to secure
grant assistance, in whole or in part,
from other sources to pay for such
training;
(6) to the extent that financial support is
not readily available from a source
(such as through health insurance of
the individual or through comparable
services and benefits consistent with
section 101(a)(8)(A)), other than the
DSU, diagnosis and treatment of
physical and mental impairments,
including–
(A) corrective surgery or therapeutic
treatment necessary to correct or
substantially modify a physical or
mental condition that constitutes
 a substantial impediment to em-
ployment, but is of such a nature
that such correction or modifica-
tion may reasonably be expected
to eliminate or reduce such im-
pediment to employment within a
reasonable length of time;
(B) necessary hospitalization in con-
nection with surgery or treatment;
(C) prosthetic and orthotic devices;
(D) eyeglasses and visual services
as prescribed by qualified per-
sonnel who meet State licensure
laws and who are selected by
the individual;
(E) special services (including trans-
plantation and dialysis), artificial
kidneys, and supplies necessary
for the treatment of individuals
with end-stage renal disease; and
(F) diagnosis and treatment for men-
tal and emotional disorders by
qualified personnel who meet
State licensure laws.
(7) maintenance for additional costs in-
curred while participating in an as-
sessment for determining eligibility
and vocational rehabilitation needs
or while receiving services under an
individualized plan for employment;
(8) transportation, including adequate
training in the use of public transporta-
tion vehicles and systems, that is pro-
vided in connection with the provision
of any other service described in this
section and needed by the individual
to achieve an employment outcome;
(9) on-the-job or other related personal
assistance services provided while
an individual is receiving other ser-
66
vices described in this section;
(10) interpreter services provided by
qualified personnel for individuals
who are deaf or hard of hearing, and
reader services for individuals who
are determined to be blind, after an
examination by qualified personnel
who meet State licensure laws;
(11) rehabilitation teaching services, and
orientation and mobility services, for
individuals who are blind;
(12) occupational licenses, tools, equip-
ment, and initial stocks and supplies;
(13) technical assistance and other con-
sultation services to conduct market
analyses, develop business plans,
and otherwise provide resources –
to the extent such resources are au-
thorized to be provided through the
statewide workforce investment sys-
tem – to eligible individuals who are
pursuing self-employment or tele-
commuting or establishing a small
business operation as an employ-
ment outcome;
(14) rehabilitation technology, including
telecommunications, sensory, and
other technological aids and devices;
(15) transition services for students with
disabilities, that facilitate the achieve-
ment of the employment outcome
identified in the individualized plan for
employment;
(16) supported employment services;
(17) services to the family of an individual
with a disability necessary to assist
the individual to achieve an em-
ployment outcome; and
(18) specific post-employment services
necessary to assist an individual
 with a disability to, retain, regain, or
advance in employment.
The State VR program is also authorized
to provide services for the benefit of
groups of individuals with disabilities. Such
services are outlined in section 103(b).
Section 21 (Tradi-
tionally Underserved
Populations)
With respect to the programs authorized
in Titles II through VII of the Rehab Act,
Congress found in 1999 – when the Act
was last reauthorized – that:
(1) The racial profile of America is rapidly
changing. While the rate of increase for
white Americans is 3.2 percent, the rate
of increase for racial and ethnic minori-
ties is much higher: 38.6 percent for Lati-
nos, 14.6 percent for African-Americans,
and 40.1 percent for Asian-Americans
and other ethnic groups. By the year
2000, the Nation will have 260,000,000
people, one of every three of whom will
be either African-American, Latino, or
Asian- American.
(2) Ethnic and racial minorities tend to
have disabling conditions at a dispro-
portionately high rate. The rate of
work-related disability for American
Indians is about 1½ times that of the
general population. African-Americans
are also 1½ times more likely to have
a disability than Caucasians, and
twice as likely to have a significant
disability.
(3) Patterns of inequitable treatment of
minorities have been documented in all
major junctures of the VR process. A
67
larger percentage of African-American
than Caucasian applicants to the VR
system are denied acceptance. Of ap-
plicants accepted for service, a larger
percentage of African-American cases
are closed without being rehabilitated.
Minorities are provided less training
than their white counterparts. Consis-
tently, less money is spent on minori-
ties than on their white counterparts.
(4) Recruitment efforts within VR at the
level of pre-service training, continuing
education, and in-service training
must focus on bringing larger numbers
of minorities into the profession in or-
der to provide appropriate practitioner
knowledge, role models, and sufficient
manpower to address the clearly
changing demography of VR.
See also – Underserved Populations
Section 504 (of the
Rehab Act)
As part of the Rehabilitation Act of 1973
(Public Law 93-112), Congress included
Section 504, the first Federal civil rights
law protecting the rights of individuals with
disabilities to be free from discrimination
under federal grants and programs. Sec-
tion 504, as subsequently amended, pro-
vides that
no otherwise qualified individual with
a disability in the United States ...
shall, solely by reason of ... disabili-
ty, be excluded from the participa-
tion in, be denied the benefits of, or
be subjected to discrimination under
any program or activity receiving
Federal financial assistance.
Section 504 covers only those persons
with disabilities who are otherwise quali-
fied to participate in and benefit from the
programs or activities receiving Federal
financial assistance. This coverage ex-
tends to persons who have disabilities, as
well as persons who have a history of a
disabling condition, and persons per-
ceived by others to have a disability.
For 504 purposes, the term “individual
with a disability” is anyone with a physical
or mental impairment that 1) substantially
limits or restricts one or more major life
activities, such as caring for one's self,
performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning,
and working; 2) has a record of such im-
pairment; or 3) is regarded as having an
impairment. [Section 7(20)(B)]. This is the
same definition as under the ADA.
See also – Accessibility of CAP Services
Statewideness
The VR State plan must assure that ser-
vices provided under the State plan will
be available in all political subdivisions of
the State, unless a waiver of statewide-
ness is requested and approved by RSA
in accordance with section 361.26. [Sec-
tion 101(a)(4); 34 C.F.R. § 361.25].
State Assurances
for CAP
In order to receive funds under Section
112 of the Act, each State – through its
Governor, must submit written assur-
ances to the Rehabilitation Services Ad-
ministration (RSA) that it will administer
68
the CAP in compliance with 34 CFR Part
370. The Governor must identify the
agency designated to administer the CAP
and request the State's allotment of funds
under Section 112 of the Act. The written
assurances cover a three-year period and
constitute a "State Plan" as defined in 34
C.F.R. § 76.102(x). [34 C.F.R. § 370.20].
See State Assurances in Section 7.
State Plans
When Congress passes legislation for a
program to be administered and operated
by the states, it often requires the state to
submit a plan for federal approval before
funds are transferred to the State. The plan
reflects a State=s commitment to do various
things in running the particular program,
such as having non-discriminatory hiring
practices, letting anyone who wants to do
so apply for participation in the program,
etc. Plans must be consistent with the fed-
eral statute and regulations governing that
particular program. State regulations to im-
plement the program must be consistent
with both the plan and the federal statute
and regulations.
Under the Rehab Act and governing regu-
lations, each state is required to develop
a State Plan. The State Plan is the "blue-
print" for the delivery of VR services in
that state. It includes information regard-
ing financial administration, agency re-
sponsibilities, the state delivery system,
state priorities, general program require-
ments, and supported employment. The
plan must be approved by the Regional
Commissioner of RSA. A copy of the
State Plan can be obtained through the
State VR Agency.
See also – VR State Plan

State Rehabilitation
Council (SRC)
With the exception of those State VR
agencies that are run by an independent
commission, every State must establish a
State Rehabilitation Council (SRC) in or-
der to be eligible to receive financial as-
sistance to operate the State VR pro-
gram. [Section 105(a)(1)].
Members of the Council shall be ap-
pointed by the Governor. The Governor
shall select members after soliciting rec-
ommendations from representatives of
organizations representing a broad range
of individuals with disabilities and organi-
zations interested in individuals with dis-
abilities. In selecting members, the Gov-
ernor shall consider – to the greatest ex-
tent practicable – the extent to which mi-
nority populations are represented on the
Council. [Section 105(b)(3)].
Composition
The Council shall be composed of
At least one representative of the
Statewide Independent Living Council;
At least one representative of a parent
training and information center;
At least one representative of the
CAP;
At least one qualified VR counselor,
who shall serve as an ex officio, non-
voting member;
At least one representative of community
rehabilitation program service providers;
Four representatives of business, in-
dustry, and labor;
Representatives of disability advocacy
groups representing a cross section of
individuals with physical, cognitive,
69
sensory, and mental disabilities;
Representatives of individuals with
disabilities who have difficulty in
representing themselves or are unable
to do so due to their disabilities;
Current or former applicants or reci-
pients of VR services;
At least one representative of the di-
rectors of the American Indian
projects in states with one or more;
At least one representative of the
State educational agency responsible
for the public education of students
with disabilities who are eligible to re-
ceive services under this title and part
B of the Individuals with Disabilities
Education Act; and
At least one representative of the
State workforce investment board.
[Section 105(b)(1)].
Each member of the Council may serve
up to two consecutive three-year terms.
The 1998 amendments to the Act ex-
empted CAP and representatives of the
American Indian Projects authorized un-
der Sec. 121 from this two-term limit.
Qualifications
A majority of Council members shall be
persons who are individuals with disabili-
ties...; and not employed by the DSU.
[Section 105(b)(4)]
Functions of the Council
The Council shall, after consulting with
the State workforce investment board
(1) review, analyze, and advise the DSU
regarding the performance of the re-
sponsibilities of the unit, particularly
responsibilities relating to–
(A) eligibility (including order of selec-
tion);
(B) the extent, scope, and effective-
ness of services provided; and
 (C) functions performed by State
agencies that affect or that poten-
tially affect the ability of individuals
with disabilities in achieving em-
ployment outcomes;
(2) in partnership with the DSU–
(A) develop, agree to, and review
State goals and priorities
(B) evaluate the effectiveness of the
vocational rehabilitation program
and submit reports of progress to
the Commissioner
(3) advise the DSA and DSU regarding
activities authorized, and assist in the
preparation of the State plan and
amendments, applications, reports,
needs assessments, and evaluations
(4) conduct a review and analysis of the
effectiveness of, and consumer satis-
faction with –
(A) the functions performed by the
designated State agency;
(B) vocational rehabilitation services
provided by State agencies and oth-
er public and private entities; and
(C) employment outcomes achieved
by eligible individuals receiving
services, including the availability
of health and other employment
benefits in connection with such
employment outcomes;
(5) prepare and submit an annual report to
the Governor and the Commissioner on
the status of vocational rehabilitation
programs operated within the State:
(6) to avoid duplication of efforts and en-
hance the number of individuals served,
coordinate activities with the activities of
other councils within the State, including
the Statewide Independent Living
Council, the State Developmental Dis-
abilities Council, the State mental health
planning council, and the State work-
force investment board;
(7) provide for coordination and the es-
tablishment of working relationships
between the designated State agency
and the Statewide Independent Living
70
Council and centers for independent
living within the State; and
(8) perform such other functions, consis-
tent with the purpose of this title, as
the State Rehabilitation Council de-
termines to be appropriate, that are
comparable to the other functions per-
formed by the Council.
[Section 105(c)(1) – (8); 34 C.F.R. §§ 361.16
and 361.17].
Statutes
Laws passed by state and federal legisla-
tures are called statutes. Federal statutes
are compiled by subject matter area in the
United States Code, which is abbreviated
U.S.C. The federal Rehab Act can be
found at 29 U.S.C., Section 700 et seq.
The "29" refers to the Title of the U.S.
Code (USC) that deals with Labor.
"701" means Section 701, which is the
beginning of the chapter within Title 29.
"et seq." simply means "and the follow-
ing."
Students in Default
of Student Loans
Under Title IV of the Higher Education Act
(HEA), in order to receive a grant, loan, or
work assistance, a student must not owe
a refund on grants previously received or
be in default on any student loan. [20
U.S.C. Section 1091(a)(3)].
Therefore, a client who owes a refund on
a Title IV grant should make repayment
arrangements with the post-secondary
institution that made the grant, and a
client who has defaulted on a student
loan should proceed to clear his default
status.
To regain eligibility under section 428F(b)
of the HEA, an individual must make six
consecutive, voluntary, on-time, full
monthly payments on a defaulted loan.
The benefit of this renewed eligibility is
available to a borrower only once. Volun-
tary payments are those payments made
directly by the borrower, regardless of
whether there is a judgment against the
borrower, and do not include payments
obtained by income tax offset, garnish-
ment, or income or asset execution.
RSA-PD-92-02, issued November 21,
1991, addresses the provision of financial
assistance for post-secondary education
by VR agencies to clients who have been
refused Pell Grants because these indi-
viduals defaulted on student loans. It also
clarifies that a VR client cannot be re-
quired to take a student loan as a condi-
tion for receiving VR services.
See also – Funding for Post Secondary
Education; Student Financial Aid
Student Financial
Aid
There are many financial aid options that
can help individuals meet the costs of
higher education. These options are
available to people with disabilities, as
well as their peers without disabilities.
Colleges award financial assistance to
thousands of students each year in the
form of grants, scholarships, work study
programs, and loans.
71
To apply for financial aid, students must
complete a Free Application for Federal
Student Aid (FAFSA) form. The FAFSA is
processed by the US Department of Edu-
cation and is used by colleges to deter-
mine a student=s eligibility for various
forms of financial aid. The form takes into
account factors such as earnings, par-
ents‟ income (for those under 24 years of
age, regardless of whether they live at
home), number of family members, in-
come taxes paid, and expenses. The
FAFSA is available at high schools, libra-
ries, and on the U.S. Department of Edu-
cation=s website at www.ed.gov.
When one applies for financial aid by fill-
ing out the FAFSA, one automatically ap-
plies for a PELL Grant. Schools award
PELL Grants based upon financial need.
PELL grants are most likely to go to stu-
dents with annual family incomes below
$25,000, and are only available to stu-
dents who have not obtained a baccalau-
reate degree.
See also – Funding for Post Secondary
Education; Students in Default of Student
Loans
Sub-Regulatory
Policy and Guidance
All administrative agencies have internal
manuals which their employees use in the
daily running of the program. These in-
structions are referred to as sub-
regulatory materials. They do not go
through any sort of public process and
may be called guidelines, manuals, poli-
cies, procedures, or a variety of other
names.
Sub-regulatory policies must conform to
the applicable regulations and statutes.
Although employees in government
agencies depend heavily on these policy
and procedure manuals in carrying out
their work, these manuals do not have the
force of law. If they appear to conflict with
relevant statutes or regulations, an advo-
cate should not hesitate to point that out
and use the language contained in the
regulation or statute when that is helpful
to the client's case. In some states, an
Administrative Procedures Act (APA) or
similar statute prohibits "underground
regulations." This means an agency can-
not issue or utilize any guideline, criterion,
bulletin, manual, or other rule of general
application unless the rule is subject to
the regulatory process. A regulation is de-
fined as a rule or standard adopted by
any state agency to implement, interpret,
or govern the provision of a statute. This
does not include provisions that relate on-
ly to the internal management of the State
agency.
Courts traditionally grant deference to pol-
icies developed by the Federal adminis-
tering agency because the courts see
these policies as the agency's interpreta-
tion of the law and regulations the agency
is required to implement. Therefore, pro-
vided the policies developed by the Fed-
eral agency are consistent with the law
and regulations and do not attempt to
change the law or regulations, the courts
will generally defer to these policies and
treat them as legally binding. Courts
sometimes defer to policies issued by
State agencies interpreting state law, de-
pending on the circumstances of the
case. Remember, however, that all VR
state policies must be consistent with the
federal Rehab Act, even if the policies are
based on state laws.
RSA has developed Sub-Regulatory
Guidance, including Policy Directives
(PDs), Policy Assistance Circulars
(PACs), Technical Assistance Circulars
72
(TACs), and Information Memorandums
(IMs), which are disseminated throughout
the VR community and to other interested
persons to inform them of the policies and
procedures that RSA is using to ensure
grantee accountability to the requirements
included in the Act and implementing reg-
ulations.
Supported Employ-
ment
Supported Employment means competitive
work performed in an integrated work set-
ting or employment in integrated work set-
tings in which individuals are working to-
ward competitive work consistent with the
strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed
choice of the individuals.
These services are provided only to per-
sons who meet the definition of most sig-
nificantly disabled and for whom competi-
tive employment has not traditionally oc-
curred; or for whom competitive employ-
ment has been interrupted or intermittent
as a result of a significant disability; and
who, because of the nature and severity
of their disability, need intensive sup-
ported employment services in order to
perform such work.
Supported Employment includes transi-
tional employment for individuals with
chronic mental illness.
Services are time-limited to 18 months,
unless a longer period to establish job sta-
bilization has been established in the IPE
and the individual must be expected to
need ongoing support services for as long
as they work. [34 C.F.R. § 361.5(b)(54)].
The Supported Employment Regulations
can be found at 34 C.F.R. Part 363.
See also – Individual with a Most Signifi-
cant Disability; Ongoing Support Services;
Transitional Employment
Suspension, Reduc-
tion, or Termination of
Services During an
Appeal (Status Quo
Provision)
Section 102(c)(7) of the Act protects indi-
viduals who are seeking to formally ap-
peal a determination made by personnel
employed by the DSA from being sub-
jected to a suspension, reduction, or ter-
mination of services being provided by
VR (including evaluation and assessment
services) pending completion of media-
tion and/or a fair hearing or a review by a
state reviewing officer. The one exception
to this protection is if the services have
been obtained through misrepresentation,
fraud, collusion, or criminal conduct on
the part of the individual or the individual=s
representative. [34 C.F.R. § 361.57(b)(4)].
See also – Due Process
Systems Advocacy
Systems Advocacy is a concerted action
to reform the policies or mode of opera-
tions of a system of services, such as the
school system or the disabilities service
system. Systems advocacy may include
legislative advocacy.
The purpose of systemic advocacy is:
73
1) to reform the underlying structure of
public and private institutions and sys-
tems that serve individuals with dis-
abilities in order to make them more
accessible, fair, and effective; and
2) to expand the rights and entitlements
of individuals with disabilities.
CAP‟s role in systems advocacy is limited
to the VR service delivery system. CAP
may not engage in systems advocacy for
general disability issues.
TASC
TASC is sponsored by the Administration
on Developmental Disabilities (ADD), the
Center for Mental Health Services
(CMHS), the Rehabilitation Services Ad-
ministration (RSA), the Social Security
Administration (SSA), and the Health Re-
sources Services Administration (HRSA).
TASC is a division of the National Disa-
bility Rights Network (NDRN).
TASC provides coordinated advocacy
and public awareness strategies to the
Network and a broad array of training and
technical assistance activities to meet the
needs of P&A/CAP representatives
across the country.
TASC produces several technical assis-
tance publications on a regular schedule,
including TASC Update and LegalEase.
Each publication has a targeted audience
and is intended to address current devel-
opments related to program operations,
including legislative, management, and
legal developments. In addition to regular
distribution, these publications are posted
online at www.NDRN.org/TASC/. Access
to the TASC webpage requires a pass-
word that is available from P&A/CAP Ex-
ecutive Directors or by emailing webmas-
ter@ndrn.org.
TASC further contracts with recognized
legal back up (LBUs) centers, conducts
on-site peer reviews as requested, main-
tains a repository of model policies and
practices related to the administration and
implementation of P&A/CAP mandates,
and sponsors national training events.
See also – NDRN; P&A/CAP System
Ticket to Work and
Work Incentives
Improvement Act
In 1999, the Ticket to Work and Work In-
centives Improvement Act (TWWIIA) was
signed into law. This Act provided health
care and employment preparation and
placement services to individuals with
disabilities and established a return-to-
work ticket program that allows individuals
with disabilities to seek the services ne-
cessary to obtain and retain employment
and reduce their dependency on Social
Security Act benefits programs.
The Ticket to Work and Self-Sufficiency
Program is designed to provide people
with disabilities receiving SSDI or SSI
more choices and expanded opportunities
to help them go to work. Eligible reci-
pients receive services from Employment
Networks (ENs) for free. SSA pays the
ENs for successfully helping a beneficiary
go to work. ENs may choose to be paid
based solely on helping an individual
achieve self-sufficiency, or they may
choose to receive payments when benefi-
ciaries achieve different milestones during
their attempt to go to work.
74
The Ticket Program is voluntary. SSDI
and SSI beneficiaries who receive a Tick-
et are not required to work, but may
choose to use their Ticket to attempt to
go to work. Likewise, ENs are not re-
quired to accept Tickets. Regulations for
the Ticket to Work Program can be found
at 20 CFR part 411 and were published in
the Federal Register Volume 66, number
249, on December 28, 2001.
Beginning in February 2002, the Social
Security Administration (SSA) launched
this program in the following states: AZ;
CO; DE; FL; IL; MA; NY; OK; OR; SC;
VT; and WI.
The second phase of the Ticket Program
began in Spring 2003 in the following lo-
cales: AK; AR; CT; DC; GA; IN; KS; KY;
LA; MI; MS; MO; MT; NV; NH; NJ; NM;
ND; SD; TN; and VA.
The final phase of the Ticket Program
began in late 2003 in the following areas:
AL; CA; HI; ID; ME; MD; MN; NE; NC;
OH; PA; RI; TX; UT; WA; WV; and WY;
as well as in American Samoa; Guam, the
Northern Marianas Islands; Puerto Rico;
and the Virgin Islands.
The Ticket Program is the cornerstone of
TWWIIA. Other provisions of the law help
support people with disabilities as they go
to work. These provisions include ex-
panded health care coverage, such as the
Medicaid Buy-In program.
Some of the barriers that would force
people to choose between health care
coverage and work were removed by the
legislation. SSDI beneficiaries are eligible
for Medicare, the Federal health insur-
ance plan. Effective in October 2000,
most SSDI beneficiaries are protected by
Medicare for up to 8½ years after they go
to work. Medicare coverage continues
even if an individual no longer receives a
monetary benefit from Social Security.
Most SSI beneficiaries are eligible for
Medicaid, which is a state health benefit.
There are other provisions of the law to
help support people with disabilities as
they go to work, including:
! Expedited Re-entry to Benefits;
! Postponement of Disability Reviews;
! A Work Incentives Advisory Panel
known as the Ticket to Work and
Work Incentive Advisory Panel (TW &
WI AP);
! Work Incentives, Planning and Assis-
tance Programs (WIPAs) – the current
SSA term for the legislatively created
Benefits Planning, Assistance and
Outreach Program (BPAO);
! Protection and Advocacy for Benefi-
ciaries of Social Security programs
(PABSS); and
! Demonstration Projects and Studies.
For complete information on TWWIIA, go
to www.SocialSecurity.gov/Work/; for the
Ticket to Work program, go to
www.yourtickettowork.com.
See also Employment Networks; PABSS
Time frame for De-
termining VR Eligibility
As described in section 102(a)(6) of the
Act, the DSU must make an eligibility de-
termination within a reasonable period of
time, not to exceed 60 days after the indi-
vidual has submitted an application to re-
ceive services.
Exceptions to this 60-day time frame can
occur only if (1) the designated State VR
unit notifies the individual that exceptional
and unforeseen circumstances beyond
75
the control of the agency preclude the
agency from completing the determination
within the prescribed time, and (2) the VR
agency and the individual agree to a spe-
cific extension of time. An exception is
also possible if the DSU is exploring an
individual's abilities, capabilities, and ca-
pacity to perform in work situations.
Congress intended that the presumption
of benefit, the 60-day time frame for de-
termining eligibility, and the emphasis on
the use of existing data would result in a
more efficient system that would respond
more quickly to individuals with disabili-
ties. Congress also intended that any ex-
tension be of short duration and be
agreed upon by both the counselor and
the individual applying for services. [34
C.F.R. § 361.41(b)(1)].
Transitional
Employment
Transitional employment means a series
of temporary job placements in competi-
tive work in integrated work settings with
on-going support services for individuals
with the most significant disabilities due to
mental illness.
In transitional employment, the provision
of on-going support services must include
continuing sequential job placements until
job permanency is achieved. [34 C.F.R.
§361.5(b)(56)].
See also – Supported Employment
Transition Services
The term "transition services" means a
coordinated set of activities for a student,
designed within an outcome-oriented
process, that promotes movement from
school to post-school activities, including
postsecondary education, vocational
training, integrated employment (including
supported employment), continuing and
adult education, adult services, indepen-
dent living, or community participation.
The coordinated set of activities shall be
based upon the individual student's
needs, taking into account the student's
preferences and interests, and shall in-
clude instruction, community experiences,
the development of employment and oth-
er post-school adult living objectives, and,
when appropriate, acquisition of daily liv-
ing skills and functional vocational evalua-
tion.
VR is mandated to provide services for
youth with disabilities to facilitate their
transition from school to work, or in some
cases transition from high school to post-
secondary education. VR is responsible
for developing, in conjunction with the
client or client=s representative, an IPE
that outlines the process, resources, and
coordination and delivery of services
needed to achieve the goal of the IPE. If
determined necessary, the IPE should
include provisions for assistive technology
devices and services, or worksite as-
sessments and/or supports, among other
possible needed plan components.
See also – Youth – Transition Services
76
Trial Work Experience
A new provision in the 1998 amendments
to the Rehab Act eliminates the need for
an extended evaluation prior to determin-
ing that an individual with a significant
(severe) disability was ineligible for VR
services and replaces that requirement
with the provision for
the use of trial work experiences,
including on-the-job supports
and/or training, before the State
VR agency can determine that an
individual cannot benefit from VR
services due to the severity of the
individual=s disability. Such expe-
riences shall be of sufficient variety
and over a sufficient period of time
to determine the eligibility of the
individual or to determine the exis-
tence of clear and convincing evi-
dence that the individual is incap-
able of benefitting in terms of an
employment outcome from voca-
tional rehabilitation services due to
the severity of the disability of the
individual.
According to RSA Information Memoran-
dum on the 1998 Amendments, IM-98-20,
this new trial work requirement will help
assure that individuals with significant
disabilities have the opportunity to benefit
from Areal work@ experiences as part of
the eligibility determination process and
will enhance the likelihood that they will
be eligible for VR services leading to suc-
cessful employment outcomes.

Underserved
Populations
Section 21 of the Rehab Act, as
amended, speaks specifically to the need
to improve the provision of rehabilitation
services to underserved populations. It
states that ethnic and racial minorities
tend to have disabling conditions at a dis-
proportionately high rate, and patterns of
inequitable treatment of minorities have
been documented in all major junctures of
the VR process.
CAPs also have a responsibility to ensure
that the assistance they provide is availa-
ble to unserved and underserved popula-
tions.
In an effort to comply with Section 21 of
the Act, it is beneficial for a CAP to identi-
fy what specific activities will be con-
ducted to improve the manner in which
CAP assists traditionally unserved and
underserved populations in the State.
See also – Section 21
Use of Existing
Information
To the maximum extent appropriate, and
consistent with the requirements of the
Act, for purposes of determining eligibility
of an individual for VR services and for
developing the IPE, the DSU shall use
information that is existing and current,
including information available from other
programs and providers, particularly in-
formation used by education officials and
SSA. Such information may also be pro-
77
vided by the individual with a disability or
that individual's family, and information
obtained under the assessment for de-
termining eligibility and VR needs.
Congress emphasized that, while existing
information is to be used, the final deci-
sion regarding eligibility rests with the
designated State VR unit. [Sections
7(22)(A)(I) and 102(a)(3)].
See also – Eligibility for VR Services; Time
Frame for Determining VR Eligibility
VR Caseload Status
System
Progress and decision points in the VR
process have traditionally been referred
to as statuses and represented as even-
numbered, two-digit codes. The chief dis-
tinction in these statuses is between
those representing VR cases that remain
open versus cases that have been
closed. Both the open and closure sta-
tuses are composed of five components.
The Case Service Report (RSA-911) calls
for personal and program-related informa-
tion only on the five closure statuses. The
following list summarizes these closure
statuses and, in addition, briefly describes
the five components under the open sta-
tuses for reference purposes. The actual
codes used to designate the different
types of closure in the RSA-911 system
are found in the instructions for Record
Position 121 (Type of Closure).
Open Status Codes
Status 02 – Applicant: When an individ-
ual signs a document to request VR ser-
vices, he or she is an applicant and the
case is placed into Status 02. While an
applicant, the individual's eligibility for VR
services is determined within 60 days in
most instances. If eligible, the applicant's
case is moved either to (1) the Pre-
Service Listing (Status 04) where services
will be delayed because he or she does
not meet an agency's order of selection
priorities or (2) the Service Statuses (10
to 24) where no delay in the delivery of
services is intended. If not eligible for VR
services, the applicant's case will be
closed to Status 08. If a determination of
eligibility cannot readily be made, the ap-
plicant will be moved to extended evalua-
tion (Status 06) and more information ob-
tained in determining eligibility.
Status 04 – Pre-Service Listing: An ap-
plicant placed into this status has been
determined eligible for VR services, but
cannot receive them because he or she
does not meet a State agency's order of
selection priorities. Typically, the name of
the individual will be placed on a waiting
list for services until such time as the
State agency has sufficient funds availa-
ble to provide services. Placement of the
person's name on the waiting list for ser-
vices indicates that there will be a delay in
the initiation of services which the individ-
ual is otherwise entitled to receive. A case
leaving this status will either be (1) moved
to the Service Statuses (10 to 24) to signi-
fy that services will be provided without
further delay or (2) closed from Status 38
to indicate that services will not be pro-
vided for whatever reason.
Status 06 – Extended evaluation: An
applicant is placed into this status when a
rehabilitation counselor certifies the need
to provide certain services to help in de-
termining whether the individual can ben-
efit from the full range of rehabilitation
services in terms of an employment out-
come. Applicants leaving this status, if
eligible for VR, will be moved to the Pre-
Service Listing (Status 04) or to the Ser-
vice Statuses (10 to 24). If not eligible, the
78
applicant's case will be closed to Status
08 within the 18-month period allowed for
extended evaluation.
Statuses 10 to 24 – The Service Sta-
tuses: In the service statuses, the reha-
bilitation agency may conduct any or all of
the following activities on behalf of the in-
dividual who has been determined eligible
for VR services (the list is not intended to
be all-inclusive, just illustrative).
assess the rehabilitation needs of the
individual and formulate the individua-
lized plan for employment (IPE).
provide counseling and guidance to
prepare the client for employment.
provide or arrange for any physical or
mental restoration services (e.g., sur-
gery, psychiatric treatment, rehabilita-
tion technology services, etc.)
provide or arrange for many different
kinds of training such as col-
lege/university, business, vocational,
on-the-job, or personal and vocational
adjustment training.
provide or arrange for the delivery of
job-seeking skills and placement into
suitable employment.
A person remains in the service statuses
in instances when services have been in-
terrupted.
Status 32 – Post-employment services:
This status is used to identify individuals
who have previously been successfully re-
habilitated, but who need additional reha-
bilitation services to help them maintain,
regain or advance in their employment.
[NOTE: No information on this status is re-
ported on Form RSA-113.]
 Closure Status Codes
[NOTE: Changes in the 1998 amendments
to the Act regarding the closure standard
will likely result in changes to these status
codes.]
Status 08 – Closed not accepted/ in-
eligible for VR: This status is used to
identify persons determined ineligible or
who are otherwise not accepted for VR
services, whether closed from the appli-
cant status (Status 02) or extended eval-
uation (Status 06).
Status 26 – Rehabilitated: Cases closed
as rehabilitated must, as a minimum, (1)
have been declared eligible for services,
(2) have received appropriate assess-
ment and related services, (3) have had a
program for VR services formulated, (4)
have completed the program, (5) have
been provided counseling, and (6) have
been determined to be suitably employed
for a minimum of 60 days.
Status 28 – Closed other reasons after
IPE initiated: Cases closed into this cat-
egory must have met criteria (1), (2) and
(3) above, and at least one of the services
provided by IPE must have been initiated,
but, for some reason, one or more of cri-
teria (4), (5) and (6) above were not met.
Status 30 – Closed other reasons be-
fore IPE initiated: Cases placed into Sta-
tus 30 are those which, although ac-
cepted for VR services, did not progress
to the point that services were actually
initiated under a rehabilitation program.
Status 38 – Closed from Pre-Service
Listing: This status is used to identify in-
dividuals eligible for VR who will not ad-
vance to the Service Statuses (10 to 24)
and whose names have been removed
from the Pre-Service Listing (Status 04).
79
VR State Plan
For a State to participate in the State Vo-
cational Services Program authorized un-
der Title I of the Rehab Act and the State
Supported Employment Services Program
authorized under Title VI, Part B of the Act,
it must have an approved Title I State plan
and Title VI, part B supplement.
Workforce Invest-
ment Act
On August 7, 1998, President Clinton
signed into law the Workforce Investment
Act (WIA). Title IV of this bill included the
Rehab Act amendments, both amending
and extending for five years the authori-
zation of the programs funded under the
Rehab Act.
The Amendments reflect the consensus
achieved by Congress through resolution
of differences between the House and
Senate bills relating to the reauthorization
of the Rehab Act.
With respect to the VR program, both the
House and Senate bills placed emphasis
on: expanding the exercise of informed
choice by individuals with disabilities;
streamlining administrative procedures to
improve program efficiency and access to
services; increasing opportunities for high
quality employment outcomes; ensuring
due process; and linking the VR program
to a State=s workforce investment system.
The Workforce Investment Act, including
the entire Rehab Act is currently up for
reauthorization. As of October 2007, the
Senate is working on a proposed draft to
amend and reauthorize the Rehab Act,
while it is unclear what action the House
will take on reauthorizing the Act.
This coordinated set of activities must be
based on the individual student=s need,
taking into account student preferences
and interests and should include instruc-
tion, community experiences, the devel-
opment of employment and other post-

Youth – Transition school adult living objectives, and if ap-

propriate, the acquisition of daily living
skills and functional vocational evaluation.
Services
Transition services means a coordinated
set of activities for a student, designed
within an outcome-oriented process, that
Zealous Advocate
promotes movement from school to post- What you become after participating in
secondary activities; including post- Understanding Vocational Rehabilitation:
secondary education; vocational training; An Orientation Program.
integrated employment, including sup-
ported employment; continuing and adult
education; adult services; independent
living; or community participation.

80