ORGANIZATION OF THE PAPER
Part I of the paper includes the introductory sections of the paper
Part II of the paper includes background information relating to and a description of the federal policy framework governing the order of selection provision
Part III of the paper examines the essential policy components of the order of selection requirement, detailing the relevant federal policies and illustrating how different states implement these elements It includes specific examples of state policies and approaches to highlight the diverse methods employed across the country.
THE FEDERAL POLICY FRAMEWORK GOVERNING
OVERVIEW
A State VR agency must implement an order of selection when it anticipates insufficient fiscal or personnel resources to serve all eligible individuals, as mandated by Section 101(a)(5)(A) of the Rehabilitation Act of 1973 and 34 CFR 361.36(a)(1) This decision should be made before the start of each fiscal year and reassessed whenever changes in circumstances suggest that the agency's resources are inadequate to fully support all eligible individuals.
An order of selection prioritizes eligible individuals for vocational rehabilitation services based on the severity of their disabilities According to [34 CFR 361.36(d)(1)], those with the most significant disabilities are given precedence in receiving services, as outlined in Section 101(a)(5)(C) of the Act and 34 CFR 361.36(a)(3)(iv)(A).
“individual with a significant disability” is defined in Section 7(21)(A) of the Act and 34 CFR
361.5(b)(31) as an individual with a disability –
Individuals with significant physical or mental impairments experience substantial limitations in essential functional capacities, including mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills, which profoundly affect their employment outcomes.
Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
Individuals with one or more recognized physical or mental disabilities, or a combination of disabilities assessed for eligibility, may experience significant functional limitations that impact their vocational rehabilitation needs.
An "individual with a most significant disability" is defined by each State VR agency, adhering to the statutory definition of "individual with a significant disability" as outlined in Section 101(a)(5)(C) and 34 CFR 361.36(a)(3)(iv)(A) The order of selection for services must refine the three criteria from this definition, as specified in 34 CFR 361.36(d)(1) Importantly, no other factors, such as the type of disability, referral source, or income, may influence the determination of disability significance or priority category assignment.
State VR agencies that establish an order of selection must either serve all eligible individuals or implement the order by closing one or more priority categories if they do not begin its implementation at the start of the fiscal year Agencies facing resource shortages may choose to close one, some, or all priority categories.
In states with an order of selection, the individualized plan for employment (IPE) is created and implemented solely for eligible individuals who can receive services from the State VR agency, meaning those on waiting lists will not have an IPE developed Eligible individuals who do not satisfy the order of selection criteria must still have access to the agency’s information and referral system for available services.
DETERMINING WHETHER TO ESTABLISH AN ORDER OF SELECTION A In General, Circumstances Under Which Order of Selection
A In General—Circumstances Under Which Order of Selection is Not Required
A designated state unit is not obligated to create a selection order if it can prove its capability to offer comprehensive vocational rehabilitation services to all individuals in need.
An "eligible individual" refers to an applicant seeking vocational rehabilitation services who fulfills specific criteria The determination of eligibility by the designated state unit must adhere strictly to these established requirements as outlined in 34 CFR 361.42(a).
1 A determination by qualified personnel that the applicant has a physical or mental impairment.
2 A determination by qualified personnel that the applicant’s physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.
3 A determination by a qualified vocational rehabilitation counselor employed by the designated state unit that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
4 A presumption that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
Bases for Determining the Ability of the Designated State Unit to
An agency may conclude that it does not need to implement an order of selection if it can accommodate all eligible individuals, based on an assurance and determination that its projected fiscal and personnel resources are adequate to meet this need.
We will maintain our commitment to support all individuals currently benefiting from an Individualized Plan for Employment (IPE) who are anticipated to require ongoing services in the upcoming fiscal year.
Provide assessment services to all individuals expected to apply for services during the coming fiscal year;
Provide services to all individuals who are expected to be determined eligible in the next fiscal year; and
Meet all other program requirements [34 CFR 361.36(a)(2)]
To support the determination that the State VR agency can fully serve all eligible individuals during the current fiscal year, the agency must have, in fact:
Provided assessment services to all applicants and the full range of services, as appropriate, to all eligible individuals;
Made referral forms widely available throughout the state;
Conducted outreach efforts to identify and serve unserved or underserved persons; and
Timely determinations of eligibility for vocational rehabilitation services are essential, ensuring that individuals do not face delays due to waiting lists or other barriers It is crucial to develop Individualized Plans for Employment (IPEs) for those deemed eligible, and to provide services promptly for individuals with established IPEs, in accordance with regulatory guidelines [34 CFR 361.36(b)(1)].
An agency must demonstrate that it can serve all eligible individuals in the current fiscal year by having fulfilled specific requirements in the previous fiscal year or by meeting additional criteria due to changed circumstances, as outlined in 34 CFR 361.36(b)(1).
Under section 361.36(b)(2), an agency that failed to meet the necessary requirements in the previous fiscal year must outline the changed circumstances that enable it to serve all eligible individuals in the current fiscal year This explanation is crucial for demonstrating the agency's capability to fully support its clientele.
The description of changed circumstances must include [34 CFR 361.36(b)(2)(i)]:
1) An estimate of the number of and projected costs of serving, in the next fiscal year, individuals with existing individualized plans for employment;
2) The projected number of individuals with disabilities who will apply for services and will be determined eligible in the next fiscal year and the projected costs of serving those individuals;
3) The projected costs of administering the program in the next fiscal year, including, but not limited to, costs of staff salaries and benefits, outreach activities, and required statewide studies; and
4) Projected revenues and projected number of qualified personnel for the program in the next fiscal year
The designated state unit's capability to deliver comprehensive services to all eligible individuals in the upcoming fiscal year will be assessed using relevant data from prior years, along with justifications for any fluctuations in costs and resources Additionally, it will be determined whether the projected revenues and personnel for the current fiscal year are sufficient to meet anticipated costs and ensure the provision of full services to all eligible individuals.
The determination by the designated state unit whether to establish an order of selection must be made prior to the beginning of each fiscal year [34 CFR 361.36(c)(1)]
Reevaluation
If a designated state unit decides not to implement an order of selection, it is required to reassess this decision whenever changes in circumstances arise during the fiscal year that suggest it might be unable to offer comprehensive services to all eligible individuals.
Changed circumstances in vocational rehabilitation programs can arise from reduced fiscal or personnel resources, as well as rising program costs These increases in costs may be attributed to higher service expenses or a greater number of individuals being referred to the program Compliance with these factors is essential for effective program management.
Monitoring Module (FY 2003) at page 15]
IV ESTABLISHMENT, IMPLEMENTATION, AND ADMINISTRATION OF AN
A In General—State Plan Provisions.
If a designated state unit cannot offer comprehensive vocational rehabilitation services to all eligible applicants, the state plan must address this limitation.
Show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services;
Provide a justification for the order of selection;
Identify services and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order and
In alignment with state-established criteria for the order of selection, individuals with the most significant disabilities will be prioritized for vocational rehabilitation services Those who do not meet the selection criteria will still have access to services through the information and referral system, ensuring that support is available to all individuals in need.
The state plan should incorporate the findings of a thorough, statewide evaluation that outlines the rehabilitation needs of individuals with disabilities living in the state This assessment must specifically address the vocational rehabilitation service requirements for those with the most significant disabilities, including their demand for supported employment services.
The state plan must guarantee that an annual report is submitted to the Secretary, which includes estimates of individuals to be served in each priority category, particularly if the designated state agency implements an order of selection.
The state plan must clearly outline the goals and priorities for implementing the program, detailing service and outcome objectives for each priority category in the order of selection If an order of selection is utilized by the designated state agency, the plan should specify the state's service and outcome goals along with the timeline for achieving these goals for individuals in each priority category.
Establishment of Order of Selection Policy
Establishing a selection order for services ensures that State VR agencies can provide an organized and fair approach to serving individuals with disabilities, particularly when there are limited financial or personnel resources available to assist all eligible individuals.
The RSA Monitoring Module for FY 2003 emphasizes that individuals with the most significant disabilities are given the highest priority for services, as outlined in Section 101(a)(5)(C) of the Act and 34 CFR.
361.36(a)] Individuals are determined to be “individuals with the most significant disabilities” in accordance with criteria established by the State VR agency [Section 101(a)(5)(C) of the Act and 34 CFR 361.36(a)(3)]
The State VR agency’s definition for “individuals with the most significant disabilities” and its descriptions of its priority categories must meet the requirements of 34 CFR 361.36(d):
the order of selection must be based on a refinement of the three criteria in the definition of “individual with a significant disability” and
no other factors may be used.
An individual with a disability means an individual—
Who has a physical or mental impairment;
Whose impairment constitutes or results in substantial impediment to employment; and
Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services [34 CFR 361.5(b)(28)]
The phrase "substantial impediment to employment" refers to a physical or mental impairment that, considering various related factors such as medical, psychological, vocational, educational, and communication aspects, significantly restricts an individual's ability to prepare for, enter, engage in, or maintain employment that aligns with their skills and capabilities.
The term "employment outcome" refers to an individual with a disability achieving or maintaining competitive employment in the integrated labor market, which may include full-time or part-time positions, supported employment, self-employment, telecommuting, or business ownership This employment should align with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choices, ensuring a suitable match for their unique circumstances.
An “individual with a significant disability” means an individual with a disability—
Individuals with significant physical or mental disabilities experience substantial limitations in various functional areas, including mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills, which can severely impact their employment opportunities.
Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
Individuals with one or more physical or mental disabilities, or a combination of disabilities, may experience substantial functional limitations Eligibility for vocational rehabilitation services is determined through assessments that evaluate these disabilities and their impact on the individual's ability to function effectively.
State VR agencies refine criteria based on the number and severity of functional limitations affecting employment outcomes, the variety of vocational rehabilitation services required, and the duration necessary for these services These criteria aim to connect the individual's functional limitations with the need for multiple, long-term vocational rehabilitation services.
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 6]
An agency can develop functional capacities beyond the seven defined areas for individuals with significant disabilities Additionally, the State Vocational Rehabilitation (VR) agency has the authority to create specific definitions for terms like "severe" physical or mental impairments.
“seriously” limits one of more functional capacities” In establishing the additional criteria, the State VR agency must:
Apply the criteria equitably to all eligible individuals;
Ensure consistency with the three criteria in the definition of
“individual with a significant disability”; and
Meet all other program requirements [ORDER OF
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 6]
An order of selection must not consider various factors, including residency duration, disability type, age, gender, race, color, national origin, referral source, expected employment outcome, specific service needs or costs, and the income level of the individual or their family.
Individuals receiving SSI and SSDI benefits due to a determination of disability or blindness by the Social Security Administration are recognized as having significant impairments.
“individuals with significant disabilities” [Section 102(a)(3)(A) of the Act and 34 CFR 361.42(a)
Individuals receiving SSI and SSDI benefits must be evaluated to see if they qualify as "individuals with the most significant disabilities" according to state criteria There is currently no legal basis for prioritizing these individuals over others who also have significant disabilities.
A State VR agency can implement a policy to rank individuals within a priority category based on fair criteria, such as the date of application This approach enables the agency to effectively select individuals from a waiting list when resources are limited, ensuring that those in the priority category are served in an equitable manner.
Monitoring Module (FY 2003) at page 6]
The VR counselor assesses the significance of an individual's disability and their service priorities by reviewing eligibility data and any additional necessary information Input from other agencies, such as the Social Security Administration and education officials, can aid the VR counselor in evaluating the severity of the disability and determining if the individual meets the agency's criteria for various priority categories.
361.42(d)] To assure consistency in applying agency criteria to individuals, the agency may need to develop guidance materials and provide training for VR counselors [ORDER OF
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module(FY 2003) at page 6]
Implementation of Order of Selection Policy
The order of selection serves as a crucial management strategy to prevent the depletion of agency resources before the fiscal year concludes This ensures that once an eligible individual starts receiving vocational rehabilitation (VR) services through an individualized plan for employment (IPE), there will be adequate resources to continue supporting that individual effectively.
ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
State VR agencies implementing an order of selection must
Implement the order of selection on a statewide basis;
Notify all eligible individuals of the priority categories in a state’s order of selection, their assignment to a particular priority category, and their right to appeal this assignment;
Eligible individuals who have started receiving services under an Individualized Plan for Employment (IPE) will continue to receive all necessary support, regardless of the severity of their disability, even after the order of selection takes effect.
To ensure compliance with the order of selection, funding arrangements for service provision under the state plan must align with third-party agreements and awards made under the establishment authority, as stipulated in 34 CFR 361.36(e).
Implementing a statewide order of selection ensures uniformity across all State VR agency offices by closing the same priority categories It is essential for State VR agencies to inform all eligible individuals about their assigned priority category and their right to appeal this assignment.
[ORDER OF SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
State VR agencies can manage priority categories by opening or closing them as necessary, while ensuring the established order remains intact and services continue for all individuals selected When deciding to open priority categories, agencies must confirm they have adequate resources available year-round to support individuals in higher priority categories.
Monitoring Module (FY 2003) at page 10]
A State VR agency that establishes an order of selection but keeps all priority categories open must still provide a comprehensive range of services or choose to implement the order by closing certain priority categories, as mandated by 34 CFR 361.36(c)(3) Essentially, such an agency is required to adhere to the same standards as one that has not set an order of selection, unless it decides to limit access by closing specific categories.
[ORDER OF SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 16]
Funding contributions for services, such as rehabilitation technology, can be designated for individuals with specific disabilities, like those who are blind However, these funds must align with the state's order of selection Additionally, contributions can support special groups permitted by state and federal law, such as students with disabilities receiving special education, provided they adhere to the state's order of selection Agencies receiving third-party funding must prioritize individuals within the designated categories and renegotiate any funding that does not comply with these requirements.
SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
Administration of Order of Selection Policy
1 Assessment for Determining Eligibility and Priority for Services
To establish eligibility for vocational rehabilitation services and determine priority under an order of selection, the designated state unit is required to conduct a thorough assessment This assessment must take place in the most integrated setting, aligning with the individual's specific needs and informed choices, as mandated by federal regulations [34 CFR 361.42; 34 CFR 361.5(b)(6)].
When a designated state unit is functioning under an order of selection for services, it must prioritize assignments by reviewing the data used for eligibility determinations and assessing any additional data as needed.
In sum, State VR agencies must use and follow the eligibility process in determining whether an individual is eligible to receive VR services In accordance with 34 CFR
Under section 361.42, an individual qualifies for Vocational Rehabilitation (VR) services if they are deemed "an individual with a disability," meaning they have an impairment that significantly hinders their ability to gain employment To be eligible, the individual must also demonstrate a need for VR services to prepare for, obtain, maintain, or recover employment.
Fed Reg at page 7255 (January 22, 2001)] In addition, the Act establishes a clear priority for serving persons with the most significant disabilities (through the order of selection requirements).
Counselors must not deny services to individuals with disabilities based on the assumption that they cannot achieve integrated employment, as regulations presume that all individuals seeking vocational rehabilitation (VR) services can benefit in terms of employment outcomes To refute this presumption, the state agency must provide clear and convincing evidence demonstrating that the individual's disability severely limits their capacity to benefit from the VR program This evidence should include a thorough exploration of the individual's abilities and potential through trial work experiences, as mandated by 34 CFR 361.42.
Vocational Rehabilitation Services Program; Final Rule 66 Fed Reg at page 7255 (January 22, 2001)]
State Vocational Rehabilitation (VR) agencies are required to recognize that all individuals, including those with the most significant disabilities, have the potential to achieve integrated employment, provided there is no clear evidence to the contrary following a trial work assessment or extended evaluation The Act sets the expectation that with the appropriate services and supports, individuals with significant disabilities can successfully work in integrated environments These regulations are designed to ensure that every opportunity is available for individuals to meet this expectation.
Vocational Rehabilitation Services Program; Final Rule 66 Fed Reg at page 7255 (January 22, 2001)]
2 Responsibilities to Individuals Who Meet Open Categories Under Order of Selection
The state plan must ensure the timely development and implementation of an Individualized Plan for Employment (IPE) for every individual eligible for vocational rehabilitation services If the designated state unit is under an order of selection, this applies to each eligible individual that the state unit can serve.
The designated state unit is required to assess the vocational rehabilitation needs of each eligible individual, or those who can receive services under an order of selection This assessment aims to identify the desired employment outcomes and the specific vocational rehabilitation services to be included in the Individualized Plan for Employment (IPE).
3 Responsibilities to Individuals Who Do Not Meet Open Categories Under Order of Selection Criteria
Agencies enforcing an order of selection are required to guarantee that eligible individuals, who do not qualify for the open categories, still have access to services through the information and referral system, as stipulated in Section 101(a)(5)(D).
Information and referral services play a crucial role in vocational rehabilitation by offering guidance to help individuals secure employment These services not only provide essential information but also connect individuals to suitable Federal and state programs, including statewide workforce investment initiatives, tailored to meet their unique employment requirements.
When making a referral, the agency must provide the individual with:
Information about a specific point of contact within the program to which the individual is being referred; and
Information and advice about the most suitable services for assisting the individual to prepare for, secure, retain, or regain employment [Section 101(a)
(20)(B)(ii) of the Act and 34 CFR 361.37(b)(2)]
The individual's service record must contain detailed documentation regarding the information and referral services offered by the State VR agency, as well as records pertaining to the referral itself, in accordance with [34 CFR 361.47(a)(13)].
Under section 101(a)(10)(c)(ii)(I) of the Act and 34 CFR 361.37, agencies are required to provide annual reports detailing the number of eligible individuals who received information and referral services outside of an Individualized Plan for Employment (IPE) due to not meeting the order of selection criteria.
The designated State unit is prohibited from closing an applicant's service record before determining eligibility, unless the applicant either refuses to participate in or is unavailable for the necessary assessment This is contingent upon the State unit having made a reasonable number of attempts to contact the applicant or their representative to promote participation in the process [34 CFR 361.44]
The designated State unit must maintain for each applicant and eligible individual a record of services that include, to the extent pertinent, the following documentation:
Documentation supporting a determination that the individual is eligible;
Documentation supporting a determination that the individual is ineligible;
Documentation that describes the justification for closing an applicant’s or eligible individual’s record of services; and
Documentation supporting a determination that an individual is an individual with a significant disability or an individual with the most significant disability [34
V ROLE OF THE STATE REHABILITATION COUNCIL
The designated state unit must consult with the State Rehabilitation Council regarding the—
(1) Need to establish an order of selection, including any reevaluations of the need;
(2) Priority categories of the particular order of selection;
(3) Criteria for determining individuals with the most significant disabilities; and
Administration of the order of selection [34 CFR 361.17(h) and 34 CFR 361.36(f)]
STATE POLICY FRAMEWORKS
ESTABLISHMENT OF ORDER OF SELECTION A Establishment of Priority Categories
The federal policy framework outlines that implementing an order of selection for services allows State VR agencies to systematically and fairly allocate resources to individuals with disabilities when there are insufficient fiscal or personnel resources to assist all eligible individuals.
Under the selection requirements outlined in the RSA Monitoring Module (FY 2003), individuals with the most significant disabilities receive the highest priority for services This classification is based on specific criteria set by the State Vocational Rehabilitation (VR) agency, as stipulated in Section 101(a)(5)(C) of the Act and 34 CFR 361.36(a).
Twenty-eight states utilize a three-priority category system for selection order, while nine states, including Washington, D.C., employ a four-priority category system Additionally, four states—Georgia, Kentucky, Louisiana, and North Carolina—implement a priority category system with more than four categories.
MORE THAN FOUR PRIORITY CATEGORIES (4)
With respect to those states that use three priority categories, the categories generally are as follows:
Priority Category 1: Eligible individuals determined to have a most significant disability
Priority Category 2: Eligible individuals determined to have a significant disability Priority Category 3: All other eligible individuals determined to have a disability
Below are descriptions of the states that use a four priority category system.
Arkansas uses the following categories: “most significantly disabled”, “significantly disabled”, “non-significantly disabled needing multiple services and non-significantly disabled”.
Illinois uses the following categories: “most significant disabilities”, “very significant disabilities”, “significant disabilities”, and “have disabilities”.
Indiana categorizes individuals with disabilities into four groups: those with the most severe disabilities affecting three or more functional capacities, those with significant disabilities impacting two functional capacities, those with significant disabilities affecting one functional capacity, and individuals who do not meet the criteria for the other three categories.
Minnesota categorizes disabilities into four groups: the first includes individuals with the most significant disabilities leading to serious functional limitations in three or more areas; the second pertains to those with significant disabilities resulting in serious limitations in two functional areas; the third covers individuals with significant disabilities causing serious limitations in one functional area; and the fourth encompasses all other eligible individuals.
Oregon uses 2 categories of most significant disability (three or more and two or more functional limitations), 1 category for significant disability and 1 category for others.
Tennessee categorizes individuals for vocational rehabilitation into three main groups: those with a most significant disability, those with a significant disability, and two additional categories for other eligible individuals The latter includes individuals without a significant disability who require multiple services and those who cannot be classified into a higher priority category.
West Virginia categorizes individuals into three groups: "most significantly disabled," "significantly disabled," and "other eligible individuals." The latter includes applicants with non-significant disabilities that either lead to permanent functional limitations or do not result in permanent functional limitations.
Virginia categorizes disabilities into "most significantly disabled" and further divides "significantly disabled" into two subcategories Category 2 includes individuals with significant disabilities causing serious functional limitations in two areas, requiring two or more substantial vocational rehabilitation services for at least six months Category 3 encompasses those with serious functional limitations in one area, also needing two or more substantial vocational rehabilitation services for at least six months Additionally, there is a fourth category for "other eligible individuals."
3 States with More than 4 Priority Categories
With respect to states that use more than four priority categories:
Georgia employs a total of seven disability categories, which include two for the most significant disabilities, two for significant disabilities, and three for other disabilities In comparison, Louisiana utilizes five categories, with two for the most significant disabilities, two for significant disabilities, and one for individuals who do not fit into the first four categories North Carolina has six categories, including two for the most significant disabilities, two for significant disabilities, and two for other disabilities Kentucky also has six categories, comprising one for the most significant disability, three for significant disabilities, and two for other eligible individuals with disabilities A detailed overview of the categories used in Georgia and Kentucky is provided below.
An eligible client shall be classified in this category if he/she has been determined by the VR Program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 2 or more functional capacities in terms of an employment outcome; and
3 Which requires 2 or more primary services with at least 2 of these services requiring provision over an extended period of time.
NOTE: Priority Category A meets the program’s criteria for Most SignificantDisability Refer to 306.1.06A and Glossary: Person with a Most SignificantDisability.
An eligible client shall be classified in this category if he/she has been determined by the VR Program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 2 or more functional capacity in terms of an employment outcome;
3 Which requires 2 or more primary services, with 1 of these services requiring provision over an extended period of time
NOTE: Priority Category B meets the program’s criteria for Most Significant
Disability Refer to 306.1.06A and Glossary: Person with a Most Significant
An eligible client shall be classified in this category if he/she has been determined by the VR program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 1 functional capacity in terms of an employment outcome; and
3 Which requires 2 or more primary services;
4 With at least 2 of these services requiring provision over an extended period of time.
NOTE: Priority Category C meets the criteria for Significant Disability Refer to 306.1.06B and Glossary: Person with a Significant Disability.
An eligible client shall be classified in this category if he/she has been determined by the VR Program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 1 functional capacity in terms of an employment outcome;
3 Which requires 2 or more primary services;
4 With one of these services requiring provision over an extended period of time; or
5 Is a recipient of Social Security Disability Benefits (SSDI) or Supplemental Security Income (SSI)?
NOTE: Priority Category D meets the criteria for Significant Disability Refer to306.1.06B and Glossary: Person with a Significant Disability.
An eligible client shall be classified in this category if he/she has been determined by the VR Program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 1 functional capacity in terms of an employment outcome; and
3 Which requires 2 or more primary services;
4 None of which require provision over an extended period of time.
An eligible client shall be classified in this category if he/she has been determined by the VR Program to be an individual who:
1 Has a permanent physical or mental impairment(s);
2 Which seriously limits 1 functional capacity in terms of an employment outcome; and
3 Which requires only 1 primary service;
4 With this services requiring provision over an extended period of time.
An eligible client who does not meet the criteria for classification in the above categories shall be classified in this priority category
Category 1: Eligible individuals who have the most significant disabilities.
Category 2: Eligible individuals with significant disabilities who have limitations in three (3) major areas of functional capacities.
Category 3: Eligible individuals with significant disabilities who have limitations in two (2) major areas of functional capacities.
Category 4: Eligible individuals with significant disabilities who have limitations in one (1) major area of functional capacity
Category 5: Eligible individuals with non-significant disabilities that result in permanent functional limitations.
Category 6: All other eligible individuals whose disabilities are non-significant.
Terminology
Under federal law, an "eligible individual" for vocational rehabilitation services is defined as an applicant who meets specific criteria set forth by the designated state unit This includes a qualified assessment confirming that the applicant has a physical or mental impairment, which significantly hinders their ability to secure employment Additionally, a vocational rehabilitation counselor must determine that the applicant needs these services to prepare for, obtain, maintain, or regain employment, taking into account their unique strengths and preferences Lastly, there is an assumption that the applicant can achieve a positive employment outcome through the provided vocational rehabilitation services.
In general, the states use and then adopt the federal definition of “eligible individual.”
According to the federal policy framework, an individual with a disability means an individual—
Who has a physical or mental impairment;
Whose impairment constitutes or results in substantial impediment to employment; and
Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services? [34 CFR 361.5(b)(28)]
The phrase "substantial impediment to employment" refers to a physical or mental impairment that affects an individual's ability to prepare for, enter, engage in, or maintain employment, taking into account various factors such as medical, psychological, vocational, educational, and communication aspects, as defined in [34 CFR 361.5(b)].
The term "employment outcome" refers to an individual's achievement of entering or maintaining competitive employment, whether full-time or part-time, in an integrated labor market This includes supported employment and various forms of self-employment, telecommuting, or business ownership The employment must align with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choices, ensuring a suitable fit for their unique circumstances.
In general, the states adopt the federal definition of “individual with a disability”
According to the federal policy framework, an “individual with a significant disability” means an individual with a disability—
Individuals with significant physical or mental impairments experience serious limitations in essential functional capacities, including mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, and work skills, which can profoundly affect their employment outcomes.
Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
Individuals with one or more physical or mental disabilities, or a combination of disabilities, may be eligible for vocational rehabilitation services based on an assessment that evaluates their functional limitations This assessment aims to determine the extent of their disabilities and the necessary support to facilitate their rehabilitation needs.
Individuals receiving SSI and SSDI benefits due to disabilities or blindness are classified as having "significant disabilities" under the Social Security Administration They should be assessed to see if they qualify as having "the most significant disabilities" according to state criteria However, there is no legal basis for prioritizing those on SSI and SSDI over others with significant disabilities during evaluations.
Under the federal policy framework, in developing a definition for the term “individual with a significant disability,” the criteria that may be refined by the State VR agency include:
the number and degree of functional limitations in terms of an employment outcome (an impairment seriously limits one or more functional capacities),
the number of vocational rehabilitation services needed (whose vocational rehabilitation can be expected to require multiple vocational services), and
the amount of time needed for the VR services (over an extended period of time)
Agencies can create additional functional capacities beyond the seven defined for individuals with significant disabilities Furthermore, state agencies have the authority to define terms like "severe" physical or mental impairments that significantly restrict one or more functional capacities.
As explained above, most states include a single category for “individuals with significant disabilities” and thus include a single definition using the following categories
Many states define limitations in functional capacity by focusing on a single functional limitation, while the need for multiple services typically requires two or more Additionally, most states consider a time frame of six months or longer for assessment However, several states, including Georgia, Indiana, Kentucky, Louisiana, North Carolina, Minnesota, and Virginia, adopt a more inclusive approach by incorporating multiple priority categories for individuals with significant disabilities This results in varied definitions that encompass different functional areas, a broader range of services, and extended time periods.
Nebraska refers to an eligible individual with a severe physical or mental impairment, rather than specifically mentioning those with significant disabilities This classification is based on the individual's low or very low rating in at least one functional area.
Several states have specific criteria to define "individual with a significant disability," enhancing federal guidelines In Maryland, an individual is certified as having a significant disability if they experience a severe physical or mental impairment that limits essential functional capacities such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, impacting their employment outcomes Their vocational rehabilitation is expected to require multiple services, including guidance and counseling, medical rehabilitation, job placement, and vocational training Additionally, this rehabilitation process is projected to take at least six months Individuals who meet these criteria are recognized as having a significant disability.
1 The individual is a recipient of Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) payments by reason of blindness or disability; or
2 The individual is in Special Education and receiving the majority of educational/academic supports in a self-contained classroom and/or facility; or
3 The individual has one of the major disabling conditions automatically meeting the definition of "significant" disability or "most significant" disability, specified on the VR Priority Guide
Below is a chart that describes the variations among states in defining “individual with a significant disability” or “significantly disabled” The chart includes:
the number of functional areas in which there is a serious limitation in terms of an employment outcome;
multiple vocational rehabilitation services ; and
State Functional Capacity areas Multiple Services Extended Period
Alaska 1 or more Multiple services 6 months or more*
Arizona 1 or more 2 or more 6 months or more with 90 day follow up
Arkansas At least 1 2 or more 90 days or more
California At least 1 2 or more More than 6 months
Colorado 2 or fewer 2 or more At least 5 months
Connecticut 1 or more 1 or more in addition to guidance and counseling
Delaware 1 or 2 At least 1 primary in addition to counseling, guidance and placement
Florida 1 or 2 2 or more primary 6 months or more
Georgia At least 1 2 or more With at least 2 required over extended period of time (category (C) and at least 1 required over an extended period (Category D)
Idaho 1 or more Multiple services 6 months**
Illinois At least 1 1 or more in addition to routine services
2 or more 9 months or longer
Iowa 1 or more More than 1 More than 1 year
Kansas 1 or more More than 1 At least 4 months
Kentucky At least 3 or more (category 2); At least 2 or more (category 3); and At least 1 or more (category 4)
Multiple services one of which assumed to be rehab counseling and guidance At least 1 additional service expected to continue over extended period of time.
Multiple services Over an extended period
Maine At least 2 or 3 2 or more Over an extended period
Maryland 1or more At least 2 At least 6 months
Massachusetts At least 1 Multiple services No less than 6 months
Michigan 1 or more More than 2 At least 6 months
Multiple services Over an extended period
Mississippi 1 or more Multiple services Over an extended period
Missouri At least 1 Multiple services Over an extended period
Nebraska At least 1 Multiple services Over an extended period
Nevada At least 1 2 or more More than 6 months
New York 1 or 2 Multiple services 6 months or more
2 or more core services 9 months or requires permanent PAS, rehabilitation technology or extended services
Ohio 1 or 2 2 or more Over an extended period
Oregon At least 1 At least 2 Over an extended period***
Oklahoma At least 1but not more than 2
Guidance and counseling plus 2 or more VR services 6 months or more
Pennsylvania 1 or more Multiple services Over an extended period
Rhode Island 1 or more 2 or more 6 months or more
South Dakota 1 or more 3 or more 6 months or more
Tennessee At least 1 2 or more 6 months or more
Utah 1 or more 3 or more 6 months or more
Vermont At least 1 Guidance and counseling plus one other service 6 months or more
#3: 1 2 or more Longer than 6 months
Washington (state) 1 to 3 2 or more 12 months
Washington, DC 1 or more 2 or more 6 months or more
West Virginia 1 or more 2 or more 6 months or more
Wisconsin 1 or more 2 or more 6 months or more
Alaska's Vocational Rehabilitation (VR) policy does not explicitly define the duration of an "extended period of time," leaving it to the VR counselor to assess individual circumstances when estimating the time needed for service delivery While six months may serve as a general guideline, it should not be regarded as a strict minimum requirement.
Idaho's policy does not define a specific time frame for what constitutes an "extended period of time" in its statutes or regulations Instead, VR counselors are tasked with evaluating each participant's unique situation to assess whether the necessary services will likely require an extended duration While six months can serve as a general guideline, it should not be viewed as a strict limit, as individual circumstances must be taken into account.
Oregon's policy assumes that individuals with severe disabilities will need substantial services for an extended duration Counselors are not required to determine the exact length of time these services will be necessary, except in cases where the services are clearly short-term In such instances, a reassessment of the individual's functional capacity limitations and priority level may be needed.
4 Individual with the most significant disability
According to the federal policy framework, the State VR agency’s definition for
“individuals with the most significant disabilities” and its descriptions of its priority categories must meet the requirements of 34 CFR 361.36(d):
the order of selection must be based on a refinement of the three criteria in the definition of “individual with a significant disability” and
no other factors may be used.
In other words, in developing a definition for the term “individual with the most significant disability,” the criteria that may be refined by the State VR agency include:
the number and degree of functional limitations in terms of an employment outcome (an impairment seriously limits one or more functional capacities),
the number of vocational rehabilitation services needed (whose vocational rehabilitation can be expected to require multiple vocational services), and
the amount of time needed for the VR services (over an extended period of time)
There is a degree of variation among the states with respect to the definition of the term
In the context of defining an "individual with the most significant disability," the criteria vary significantly across states based on the number of functional limitations Specifically, eleven states require two or more functional limitations, twenty-two states mandate three or more, and eight states stipulate four or more functional limitations.
Most states require two or more vocational rehabilitation services, though definitions of "multiple services" can vary Additionally, the criterion of "over an extended period of time" is commonly defined as six months or longer in many states.
Below is a chart that describes the variations among states in defining “individual with the most significant disability” or “most significantly disabled.” The chart includes:
the number of functional limitation areas in which there is a serious limitation in terms of an employment outcome;
multiple vocational rehabilitation services ; and
Following the chart, I include unique state definitions that specify presumptions and specific criteria in addition to functional limitations
INDIVIDUAL WITH THE MOST SIGNFICANT DISABILITY
State Functional Capacity Multiple Services Extended Period
Alaska 3 or more Multiple services 6 months or more*
Arizona 3 or more 2 or more 6 months or more with 90 days follow up
Arkansas 2 or more 2 or more
California At least 4 areas 2 or more More than 6 months
Colorado 3 or more 2 or more At least 5 months
Connecticut 3 or more* 1 or more in addition to guidance and counseling 6 months or more
Delaware 3 or more At least 1 primary in addition to counseling, guidance, and placement 6 months or more
Florida 3 or more 3 or more primary services At least 12 months
Georgia 2 or more 2 or more At least 2 services over at least 6 months (A); at least 1 services over at least 6 months (B)
Idaho 3 or more Multiple services 6 months**
Illinois 3 or more** 2 or more in addition to routine services At least 6 months
Indiana 3 or more 2 or more 9 months or longer
Iowa 3 or more*** More than 1 service Longer than 1 year
Kansas 2 or more More than 1 At least 4 months
Kentucky 4 or more**** Multiple services one of which assumed to be rehab counseling and guidance At least 1 additional service expected to continue over extended period of time.
Multiple services Over an extended period
Maine 4 or more 2 or more Over an extended period
Maryland 3 or more***** At least 2 6 months or more
Massachusetts 3 or more 2 or more separate and distinct
Michigan 2 or more More than 2 At least 6 months
Minnesota 3 or more Multiple services Over an extended period of time
Mississippi 2 or more Multiple services Over an extended period
Missouri 3 or more Multiple services Over an extended period
Nebraska 2 or more****** Multiple services Over an extended period
Nevada At least 4 2 or more More than 6 months
New York 3 or more See footnote 6 months or more
#2: 3 2 or more core services 9 months or requires permanent PAS, rehabilitation technology or extended services
Ohio 3 or more 2 or more Over an extended period
Oklahoma 3 or more Guidance and counseling plus 2 or more VR services At least 6 months
#2: 2 2 or more Extended period of time***
Pennsylvania 3 or more Multiple services Over an extended period
Rhode Island 3 or more 2 or more 6 months or more
South Dakota 2 or more 3 or more 6 months or more
Tennessee 2 or more 2 or more 6 months or more
Utah 2 or more 3 or more 6 months or more
Vermont 2 or more Guidance and counseling plus one other service 6 months or more
Virginia 3 or more 2 or more 6 months or more
Washington (state) 4 or more 2 or more 12 months
Washington, DC 4 or more 2 or more 6 months or more
West Virginia 2 or more 2 or more 9 months or more
Wisconsin 3 or more 2 or more 6 months or more
Acceptable and Unacceptable Factors
Under the federal policy framework, State VR agencies have the authority to define terms like "severe" physical or mental impairment that significantly restricts one or more functional capacities In creating these additional criteria, it is essential for the State VR agency to adhere to specific guidelines.
Apply the criteria equitably to all eligible individuals;
Ensure consistency with the three criteria in the definition of “individual with a significant disability”; and
Meet all other program requirements [ORDER OF SELECTION/ABILITY TO
SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 6]
The federal policy framework mandates that an order of selection must not consider various factors, including the individual's residency duration, type of disability, age, gender, race, color, national origin, source of referral, expected employment outcome, specific service needs or anticipated service costs, and the income level of the individual or their family.
Most states include or incorporate by reference factors set out in the federal policy framework. California, Nevada, and Minnesota add “sexual orientation” to the list Minnesota also adds
Several states, including Nevada, Colorado, and Maryland, have expanded the criteria for public assistance eligibility by incorporating factors such as ancestry and marital status Additionally, Colorado and Maryland outline both acceptable and unacceptable factors across seven functional areas States like Alaska, Idaho, Iowa, Minnesota, and Virginia clarify that while serious functional limitations may be influenced by external factors like geographical location, inadequate public transportation, or insufficient training, these elements do not determine an individual's significant disability status in the context of order of selection.
Ranking Individuals Within a Priority (Waiting Lists)
Under federal policy, State VR agencies can create a ranking system for individuals in priority categories, utilizing fair factors like application dates This approach allows agencies to effectively select individuals from a waiting list when resources are limited, ensuring that those in priority categories receive timely assistance.
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 6]
Many states use the individual's application date as a fair criterion for ranking individuals on waiting lists for services For instance, Colorado and Iowa remove individuals from the waiting list based on the same application date policy The definition of "application date" varies by state; in Delaware, it refers to the date a person signs the DVR application and meets with their assigned counselor Additionally, Oregon requires that three specific criteria be met for an application to be deemed complete before it is considered for ranking.
Applications will be completed in the same manner as before the invocation of the Order of Selection Applications are not deemed complete until three conditions are satisfied:
1) An individual has requested services, either verbally or in writing;
2) The counselor has received information sufficient to initiate the assessment for eligibility and priority for services; and
3) The individual is in fact available to participate in the assessment process Only once all three conditions are met should an individual be placed in Application status
Meeting with a vocational rehabilitation counselor is a crucial step in the application process, as it ensures that the Office of Vocational Rehabilitation Services (OVRS) has the necessary information for an accurate eligibility assessment and priority level determination This one-on-one meeting also confirms the individual's readiness to complete the assessment and their commitment to pursuing vocational rehabilitation services While individuals can fill out the application form during orientations or prior to meeting with a counselor, it's important to note that the official application date will be recorded as the date of their individual meeting with the assigned counselor.
III IMPLEMENTATION OF ORDER OF SELECTION.
Under the federal policy framework, a statewide order of selection requires all State VR agency offices to close the same priority categories simultaneously State VR agencies are obligated to inform all eligible individuals about their assigned priority category and their right to appeal this assignment.
SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
States require that the order of selection be applied uniformly across the entire state For instance, Michigan's policy stipulates that waiting lists for eligible individuals are created statewide, considering the severity of their disabilities and the date of their application, regardless of their geographical location The central management of the order of selection ensures a consistent approach Effective October 1, this policy is enforced.
In 2009, the Rehabilitation Services Commission (RSC) in Ohio will manage the Order of Selection waiting list at a statewide level to comply with federal regulations This implementation ensures that the Order of Selection is uniformly applied across the state The Bureau Director's office will oversee the release of consumers from the statewide waiting list as the Vocational Rehabilitation (VR) program, including Pathways, gains the capacity to serve those individuals awaiting assistance.
Authority to Open and Close Priority Categories, as Needed
State VR agencies operate under federal policy guidelines, allowing them to open and close priority categories as necessary while maintaining the established order and ensuring continuous service for all individuals selected When deciding to open these priority categories, agencies must confirm that they have adequate resources available year-round to effectively support individuals in higher priority groups.
SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
A state VR agency that sets an order of selection but keeps all priority categories open is required to provide a comprehensive range of services or must implement the order by closing certain priority categories According to 34 CFR 361.36(c)(3), this means that the agency must adhere to the same standards as one that has not established an order of selection, or it must take steps to limit its priority categories.
[ORDER OF SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 16]
State policies typically align with the federal policy framework, as seen in West Virginia's regulations The state's VR director is empowered to manage priority categories, allowing for their opening and closing as necessary, while ensuring that the sequence of these categories remains intact and that continuous services are provided to all individuals eligible for assistance.
Continuation of Services
State VR agencies have the authority to manage priority categories within the federal policy framework, allowing them to open and close these categories as necessary This flexibility ensures that the order of categories is preserved while guaranteeing continuity of services for all individuals selected for assistance.
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
In general, states reiterate federal policy regarding continuation of services For example:
California mandates that individuals with an Individualized Plan for Employment (IPE) established before the initiation of the order of selection for vocational rehabilitation services will continue to receive their services, including any additional necessary support to complete their IPE Those deemed eligible prior to the order's implementation, but without a signed IPE, will be categorized based on priority for service allocation.
In Colorado, diagnostic goods and services essential for establishing eligibility will continue to be provided during an order of selection The timeliness of eligibility determinations and all eligibility requirements remain in effect Eligible individuals receiving planned vocational rehabilitation services can access all necessary goods and services, including post-employment services, tailored to their vocational rehabilitation needs All regulations regarding the provision of vocational rehabilitation services, as well as policies on fund expenditure, individual financial participation, and the utilization of comparable services and benefits, are applicable to those receiving planned services under an order of selection.
Several states clarify that post-employment services must remain available, with Alaska explicitly stating that Out-of-Sequence (OOS) does not affect these services Post-employment services are regarded as an amendment to the Individualized Plan for Employment (IPE) Consequently, individuals in need of these services are not obligated to meet the highest priority category currently served under OOS, nor are they required to wait for assistance.
Funding Arrangements
Under federal policy, funding contributions can be designated for specific services, such as rehabilitation technology for individuals with certain disabilities, like those who are blind These funds must align with the state's order of selection when applicable Additionally, contributions may support special groups permitted by state and federal law, such as students with disabilities receiving special education services, provided they also adhere to the state's order of selection.
According to 34 CFR 361.60, agencies receiving third-party funding to assist individuals from specific disability groups must prioritize services based on established categories They are prohibited from serving individuals outside these priority categories and must renegotiate any funding agreements that do not align with the order of selection requirements.
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 10]
Several states explicitly address third-party funding arrangements in relation to the order of selection (OOS) Michigan mandates that such arrangements align with the OOS, requiring renegotiation if they do not Arizona stipulates that all clients in its VR program, regardless of funding source, must adhere to OOS requirements Kansas ensures that its funding mechanisms, including grants and contracts, comply with the OOS Similarly, Missouri requires all service funding arrangements, including third-party agreements, to be consistent with the OOS, with a mandate for renegotiation if inconsistencies arise Other states, including Idaho, Indiana, Iowa, Tennessee, and West Virginia, uphold comparable policies.
IV ADMINISTRATION OF ORDER OF SELECTION.
A Assessment for Determining Eligibility and Priority for Services.
To assess eligibility for vocational rehabilitation services and determine priority under an order of selection, the designated state unit must conduct a thorough evaluation The VR counselor evaluates the severity of the individual's disability and prioritizes services based on the eligibility determination data and any additional necessary information If the state operates under an order of selection, priority assignments must also rely on this data review and assessment.
Officials from agencies like the Social Security Administration and education departments can provide valuable insights to VR counselors in assessing an individual's disability level and determining eligibility for various priority categories This collaboration aligns with Section 102(a)(4)(B) of the Act and 34 CFR guidelines.
361.42(d)] To assure consistency in applying agency criteria to individuals, the agency may need to develop guidance materials and provide training for VR counselors [ORDER OF
SELECTION/ABILITY TO SERVE ALL REVIEW GUIDE, RSA Monitoring Module (FY 2003) at page 6]
States have developed comprehensive policies, procedures, manuals and checklists for conducting assessments for determining priority for services
Alaska uses The Significance of Disability Certificate, the Significance of Disability—Functional
Limitations Worksheet, and the Significance of Disability Certificate.
California uses the California Code of Regulations and the Rehabilitation Administrative
Manual—Level of Significance of Disability.
Idaho employs the SD/MSD Checklist as a tool to assist in determining individual limitations; however, it is important to note that the Checklist alone does not provide sufficient documentation to fully capture an individual’s specific challenges.
Iowa has developed the Preliminary Assessment for Determining Eligibility and Waiting list
Iowa's policy ensures that individuals classified as severely disabled or most severely disabled maintain their status without downgrade for the duration of their case.
Massachusetts uses the Order of Selection Functional Capacities Checklist
Michigan uses the Disability Priority—Serious Limitations Job Aid
Minnesota employs guidance materials that outline specific criteria for assessing whether a limitation is classified as “serious” across various functional areas These materials provide an overall definition, a specific definition for serious limitations, and a comprehensive checklist of needs and limitations for each functional area.
Oregon employs Functional Limitation Guidelines that outline significant limitations across seven functional capacity areas These guidelines detail the necessary documentation and provide a nonexhaustive list of potential limitations in capacities.
Pennsylvania has updated its policies to provide detailed specifications for each functional area, including clear definitions, potential assessment strategies to evaluate functional limitations, and an analysis of how various disability-related factors can affect an individual's performance in the workplace.
South Dakota uses a comprehensive manual and checklist for conducting assessments, including specification of assessment strategies and what can and cannot be considered
Tennessee adopted policies that specify specific documentation requirements for each of the seven functional capacity areas
Vermont's policy ensures that individuals retain their status in a Priority Category even if their circumstances change, unless the change is beneficial to them However, this does not apply to cases of misclassification; individuals who are misclassified and moved to a less favorable Priority Category will receive written notification about the change, along with information on their appeal rights and access to the Client Assistance Program.
Virginia adopted policies on documentation requirements for each type of disability and a checklist with descriptions to assist counselors in determining serious functional limitations.
Wisconsin has implemented a policy that addresses key considerations in eligibility determinations and the categorization of order of selection This includes factors such as temporary disabilities, cyclic disabilities, progressive disabilities, the legacy of disability, and transitions for individuals without significant work history.
Notification of Eligible Individuals
Under federal policy, State Vocational Rehabilitation (VR) agencies are required to inform all eligible individuals about the priority categories in the state's order of selection, their specific category assignment, and their right to appeal this assignment.
States are required to notify eligible individuals in accordance with federal policy guidelines For instance, California's policy and Administrative Manual mandates that the Department, via local offices, must provide written notification to each person on the waiting list or their designated representative, covering all relevant information.
The priority category to which he/she has been assigned.
The priority category (ies) that are currently being served.
His/her right to a re-evaluation of his/her priority category placement.
Tennessee’s policy explains the responsibility to inform clients whose cases have been placed in closed categories that they should contact the counselor if:
Their condition has changed and they would like a re-evaluation to determine if they can be re-classified into a higher priority category.
They have been determined eligible for SSI or SSDI benefits, after determination of eligibility and assignment to a priority category.
Washington state has established a thorough notification policy detailing the purpose, methods, and frequency of required communication This policy encompasses various contact methods, including letters, emails, telephone calls, and other mutually agreed-upon methods, ensuring clear and consistent communication.
Most states e.g., Iowa, Minnesota, Missouri, Virginia and Wisconsin have developed model Order of Selection letters for use by rehabilitation counselors.
Responsibilities to Individuals Who Meet Open Categories Under OOS
Under federal policy, state plans must ensure the timely development and implementation of an Individualized Plan for Employment (IPE) for each eligible individual seeking vocational rehabilitation services If a state unit is operating under an order of selection, this applies to those individuals the unit can serve Additionally, the designated state unit is required to conduct assessments to identify the vocational rehabilitation needs of each eligible individual, with the goal of determining appropriate employment outcomes and the specific services to be included in the IPE.
All states adhere to the federal policy framework, which mandates that customers under an Individualized Plan for Employment (IPE) must have access to a comprehensive range of services For instance, Michigan's regulations prohibit the provision of only partial services, such as placement services alone Similarly, Massachusetts ensures that vocational rehabilitation services for individuals with an approved IPE remain unaffected until the IPE is terminated for reasons other than meeting employment objectives or depleting available funds.
Responsibilities to Individuals Who Do Not Meet Open Categories Under OOS
Under federal policy, agencies must guarantee that eligible individuals who do not qualify for the open categories of an order of selection still have access to services through the information and referral system.
101(a)(5)(D) of the Act and 34 CFR 361.36(a)(3)(iv)] Information and referral services include:
The article emphasizes the importance of offering vocational rehabilitation information and guidance to help individuals secure employment It also highlights the necessity of appropriately referring individuals to relevant federal and state programs, including statewide workforce investment initiatives, that align with their specific employment needs, as outlined in Section 101(a)(20)(A) of the Act and 34 CFR.
When making a referral, the agency must provide the individual with:
Information about a specific point of contact within the program to which the individual is being referred; and
Information and advice about the most suitable services for assisting the individual to prepare for, secure, retain, or regain employment [Section 101(a)(20)(B)(ii) of the
Under section 101(a)(10)(c)(ii)(I) of the Act and 34 CFR 361.37, agencies are required to submit annual reports detailing the number of eligible individuals who received information and referral services outside of an Individualized Plan for Employment (IPE) due to not meeting the order of selection criteria.
The states generally restate the policies set out in the federal policy framework (see e.g., Tennessee and West Virginia) For example:
Idaho includes examples of I&R services provided to the individuals not receiving Title I services, including examples of counseling and referral for job placement.
Iowa policy stipulates that clients on the waiting list will not receive any dedicated resources, including financial support or staff time The VR agency will not establish specific programs for this group, and the purchase of services under Information and Referral is prohibited.
In Kansas, individuals on the waiting list for vocational rehabilitation (VR) services cannot receive these services, whether purchased or provided by staff, unless additional assessment or diagnostic services are required to determine eligibility for a higher category No exceptions to this rule are permitted.
In cases where certain service categories are closed due to an Order of Selection and a waiting list is created, Rehabilitation Services (RS) will offer information and referral services to eligible individuals unable to receive direct assistance This service will ensure that individuals with disabilities receive accurate vocational rehabilitation (VR) information and guidance through suitable communication methods, helping them prepare for, secure, retain, or regain employment Referrals will be made to federal, state, or other relevant programs, including those within the statewide workforce investment system, tailored to meet the specific employment needs of individuals with disabilities Each referral will include comprehensive information to support the individual’s job search efforts.
A copy of the notice of referral that RS will send to the other program, including a specific point of contact within the other program
Information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain or regain employment
Kentucky has a distinctive provision allowing for the development of an Individualized Plan of Employment (IPE) at the consumer's request This plan can be prepared in advance to ensure that services can be initiated promptly if there are changes in the Order of Selection (OOS) that affect that category.
Maryland specifies that services are limited to the following: guidance and counseling, career assessments, AT assessments, information and referral, and referral for job placement
Michigan policy specifies that cost-services cannot be provided to those on the waitlist; only counseling regarding referrals to other agencies
Mississippi policy prohibits the development of an Individualized Plan for Employment (IPE) for individuals in a closed priority category However, the Order of Selection system allows for the provision of non-purchased services, such as counseling, guidance, placement, referral services, and coordination of comparable benefits funded by third parties Individuals who meet eligibility criteria but fall within a closed category can still access a comprehensive information and referral system, as outlined in the OVR/OVRB Resource Guide.
Oregon offers detailed I&R services, encompassing essential counseling and guidance for referrals and job placement Additionally, the state has established specific policies to support youth in transition.
Virginia policy dictates that during a case's "Delayed" status, counselors may only offer diagnostic, assessment, and evaluation services necessary for re-evaluating priority category assignments They can provide support services such as transportation, child care, personal assistance, and interpreters for the deaf to access these diagnostic services However, any other services are prohibited, with the exception of post-employment services, which are exempt from these restrictions.
Maintenance of Records
Under federal policy, the State VR agency must document the information and referral services provided to individuals, as well as the referral itself, in accordance with 34 CFR 361.47(a)(13) Each applicant and eligible individual must have a service record maintained by the designated state unit, which includes documentation supporting the determination of whether the individual has a significant or the most significant disability.
The states have adopted policies consistent with the federal policy framework.
Monitoring and Oversight
California, Oregon, and Utah have implemented policies mandating that the VR agency oversee eligibility and priority determinations In California, an annual review assesses the order of selection for all eligible individuals within priority categories, including both those receiving services and those on waiting lists This review ensures that services are delivered statewide and that priority determinations do not discriminate against any eligible individual based on prohibited factors.
If the Department's review reveals that the order of selection is unfairly excluding eligible individuals due to inappropriate criteria, it is required to address this issue by implementing emergency regulations within 90 days.