34 C.F.R. § 361.41

Processing referrals and applications

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Referrals. The designated State unit must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through the one-stop service delivery systems under section 121 of the Workforce Innovation and Opportunity Act. The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services.

(b) Applications. (1) Once an individual has submitted an application for vocational rehabilitation services, including applications made through common intake procedures in one-stop centers under section 121 of the Workforce Innovation and Opportunity Act, an eligibility determination must be made within 60 days, unless—

(i) Exceptional and unforeseen circumstances beyond the control of the designated State unit preclude making an eligibility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or

(ii) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with § 361.42(e).

(2) An individual is considered to have submitted an application when the individual or the individual's representative, as appropriate—

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

(B) Has completed a common intake application form in a one-stop center requesting vocational rehabilitation services; or

(ii) Has provided to the designated State unit information necessary to initiate an assessment to determine eligibility and priority for services; and

(iii) Is available to complete the assessment process.

(3) The designated State unit must ensure that its application forms are widely available throughout the State, particularly in the one-stop centers under section 121 of the Workforce Innovation and Opportunity Act.

(Authority: Sections 12(c), 101(a)(6)(A), and 102(a)(6) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 721(a)(6)(A), and 722(a)(6))

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1993–2021 · leading case: Marshall v. Switzer, 900 F. Supp. 604 (N.D.N.Y. 1995).

Sort: Relevance Newest Treatment

Marshall v. Switzer, 900 F. Supp. 604 (N.D.N.Y. 1995). “” 34 C.F.R. § 361.41 (a)(9). The regulations, therefore, seem to permit the provision of services to be conditional, while the language of the Act seems to mandate that the provision of some services be unconditional.”

In Re the Appeal of Wenger, 504 N.W.2d 794 (Minn. Ct. App. 1993). “§ 722 (b)(1)(A) (1988); 34 C.F.R. § 361.41 (a) (1992). Neither the Rehabilitation Act nor the regulations, however, specifically state that a disabled individual has the right to determine his or her own vocational objective.”

Feliciano Lopez v. Departamento de la Familia, 4 T.C.A. 101 (1998). · cites it 2× “34 C.F.R. § 361.41 (a)(b); 34 C.F.R. § 361.”

Snell v. Vocational Rehab. State Unit Pers. Party (D. Or. 2020). · cites it 2× “34 C.F.R. § 361.41 (b)(1)-(2). This time limit may be extended due to “exceptional and unforeseen circumstances,” but the individual seeking services must agree to a specific extension of time.”

Snell v. Erickson (D. Or. 2021). “The information resulting from these requirements shall be deemed “information necessary to initiate an assessment to determine eligibility and priority for services” pursuant to 34 C.F.R. § 361.41 (b)(2)Gi), and thus Ms.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.