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Arkansas Department of Career Education Arkansas Rehabilitation ...

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5.4 Availability <strong>of</strong> comparable services and benefits. (Sections 101(a)(8) and 103(a) <strong>of</strong> the<br />

<strong>Rehabilitation</strong> Act; 34 CFR 361.53)<br />

(a) Prior to providing any vocational rehabilitation services, except those services identified in<br />

paragraph (b), to an eligible individual or to members <strong>of</strong> the individual’s family, the state<br />

unit determines whether comparable services and benefits exist under any other program and<br />

whether those services and benefits are available to the individual.<br />

(b) The following services are exempt from a determination <strong>of</strong> the availability <strong>of</strong> comparable<br />

services and benefits:<br />

1. assessment for determining eligibility and vocational rehabilitation needs by qualified<br />

personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation<br />

technology;<br />

2. counseling and guidance, including information and support services to assist an<br />

individual in exercising informed choice consistent with the provisions <strong>of</strong> Section 102(d)<br />

<strong>of</strong> the <strong>Rehabilitation</strong> Act;<br />

3. referral and other services to secure needed services from other agencies, including other<br />

components <strong>of</strong> the statewide work force investment system, through agreements<br />

developed under Section 101(a)(11) <strong>of</strong> the <strong>Rehabilitation</strong> Act, if such services are not<br />

available under this State Plan;<br />

4. job-related services, including job search and placement assistance, job retention<br />

services, follow-up services, and follow-along services;<br />

5. rehabilitation technology, including telecommunications, sensory and other technological<br />

aids and devices; and<br />

6. post-employment services consisting <strong>of</strong> the services listed under subparagraphs (1)<br />

through (5) <strong>of</strong> this paragraph.<br />

(c) The requirements <strong>of</strong> paragraph (a) <strong>of</strong> this section do not apply if the determination <strong>of</strong> the<br />

availability <strong>of</strong> comparable services and benefits under any other program would interrupt or<br />

delay:<br />

1. progress <strong>of</strong> the individual toward achieving the employment outcome identified in the<br />

individualized plan for employment;<br />

2. an immediate job placement; or<br />

3. provision <strong>of</strong> vocational rehabilitation services to any individual who is determined to be<br />

at extreme medical risk, based on medical evidence provided by an appropriate qualified<br />

medical pr<strong>of</strong>essional.<br />

Page 19 <strong>of</strong> 62

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