C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services

34 C.F.R. § 361.56

Requirements for closing the record of services of an individual who has achieved an employment outcome

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The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met:

(a) Employment outcome achieved. The individual has achieved the employment outcome that is described in the individual's individualized plan for employment in accordance with § 361.46(a)(1) and is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(b) Employment outcome maintained. The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services.

(c) Satisfactory outcome. At the end of the appropriate period under paragraph (b) of this section, the individual and the qualified rehabilitation counselor employed by the designated State unit consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment.

(d) Post-employment services. The individual is informed through appropriate modes of communication of the availability of post-employment services.

(Authority: Sections 12(c), 101(a)(6), and 106(a)(2) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 721(a)(6), and 726(a)(2))
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2002–2022 · leading case: Carrigan v. New York State Educ. Dep't, 485 F. Supp. 2d 131 (N.D.N.Y. 2007).
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Carrigan v. New York State Educ. Dep't, 485 F. Supp. 2d 131 (N.D.N.Y. 2007). “See 34 C.F.R. § 361.56 . C. Statute of Limitations Partially Bars Carrigan’s Claims 4 Carrigan seeks review of VESID’s decision to deny transportation services, but defendants argue that such review is partially time-barred by the applicable statute of limitations.”
Wasser v. New York State Off. of Vocational & Educ. Servs. for Individuals with Disabilities, 683 F. Supp. 2d 201 (E.D.N.Y 2008). “” 34 C.F.R. § 361.56 . VESID policy elaborates on the federal regulations, and permits case closure only when the employment outcome on that individual’s IWRP has been achieved, as determined according to the satisfaction of certain criteria.”
Hedgepeth v. North Carolina Div. of Servs. for the Blind, 571 S.E.2d 262 (N.C. Ct. App. 2002). “The Agency continued to provide job placement services to petitioner.”
Cohen v. Whitley (D. Nev. 2021). · cites it 2× “34 C.F.R. § 361.56 . 4 Although Cohen references the Rehabilitation Act throughout his complaint, it is unclear 5 what provisions he bases his claim on.”
Wasser v. Ny State Off. of Voc. & Educ. Servs., 683 F. Supp. 2d 201 (E.D.N.Y 2008). “" 34 C.F.R. § 361.56 . VESID policy elaborates on the federal regulations, and permits case closure only when the employment outcome on that individual's IWRP has been achieved, as determined according to the satisfaction of certain criteria.”
Cohen v. Whitley (D. Nev. 2022). “19 / / / / 20 21 4 To the extent Cohen continues to cite to 34 C.F.R. § 361.56 , suggesting he is also alleging that DETR violated this provision when it closed his case prematurely, the FAC suffers the same 22 deficiencies I identified before.”
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