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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6327DSU’s basis for determining that theindividual has achieved an employmentoutcome under § 361.56. The Secretarybelieves that further reducing thepaperwork burden on DSUs byremoving proposed § 361.47(h) isappropriate given that this requirementis adequately addressed by§ 361.46(a)(10).However, in order to ensure thatindividuals in competitive employmentare compensated in accordance with thedefinition of ‘‘competitive employment’’in § 361.5(b)(10), the Secretary believesthat the record of services for thoseindividuals must includedocumentation that the individual iscompensated at or above the minimumwage and receives at least the customarywage and benefit level paid to nondisabledpersons performing similarwork for the same employer.Changes: The Secretary has removedfrom § 361.47 the documentationrequirements relating to the terminationof services and the achievement of anemployment outcome and has added across-reference in § 361.46(a)(10) to§ 361.56 for additional clarification. Inaddition, this section has been amendedto require that the DSU verify in therecord of services that an individualwith a disability in competitiveemployment is compensated at or abovethe minimum wage and that theindividual’s wage and level of benefitsare not less than that paid by theemployer for the same or similar workperformed by non-disabled individuals.This new requirement is located inparagraph (i) of this section.§ 361.48 Scope of vocationalrehabilitation services for individualswith disabilitiesComments: Some commentersrecommended that this section of thefinal regulations identify assessmentservices, counseling and guidance, andrehabilitation technology as mandatoryservices that the DSU shall provide toall individuals in need of these services.Other commenters opposed limitingcounseling and guidance servicesauthorized under this section to‘‘vocational counseling and guidance.’’Two commenters requested that thefinal regulations clarify that it is thejoint responsibility of the DSU and theindividual to secure grant assistancefrom sources other than VR programfunds to pay for training in institutionsof higher education. Other commentersrecommended that language be added toparagraph (a)(13) of this section toensure that job search and placementservices are not discontinued before anindividual achieves the employmentoutcome specified in the individual’sIWRP. One commenter opposed therequirement in paragraph (b) that theState plan descriptions related to theprovision of rehabilitation technologyand personal assistance services beprovided on an annual basis. Anothercommenter stated that the description ofthe DSU’s strategies for expanding theavailability of personal assistanceservices under § 361.48(b)(3) of theproposed regulations is undulyburdensome and is not required by theAct. Finally, several commentersrecommended that the final regulationsrequire, consistent with the Act, adescription in the State plan of howassistive technology devices areprovided or worksite assessments aremade as part of the assessment fordetermining eligibility and VR needs ofthe individual.Discussion: Section 361.48, whichimplements section 103(a) of the Act,authorizes specific vocationalrehabilitation services necessary toaddress the rehabilitation needs ofindividuals with disabilities. Theseservices must be included in each DSU’sprogram of VR services and, consistentwith § 361.45(a) and § 361.46(a), mustbe provided to an eligible individual ifthe service is needed to achieve theintermediate rehabilitation objectives orvocational goal included in theindividual’s IWRP. In addition, § 361.42requires DSUs to conduct an assessmentfor determining eligibility and priorityfor services for each applicant and toprovide rehabilitation technologydevices and services during theassessment if needed to determineeligibility. In light of theserequirements, the Secretary does notbelieve it is necessary to identifyassessment services, counseling andguidance, and rehabilitation technologyas mandatory services under this sectionof the regulations, as some commentershad recommended. The commenterscorrectly noted that section 101(a)(8) ofthe Act exempts these services from therequired search for comparable serviceand benefits. Regardless of whether aparticular service is subject to thecomparable service and benefitsrequirements, however, the regulationsclearly require DSUs to conduct anassessment for determining eligibilityand priority for services for eachapplicant and to ensure that eacheligible individual receives needed VRservices in accordance with theindividual’s IWRP.Those commenters who opposedchanging the term ‘‘counseling andguidance’’ to ‘‘vocational counselingand guidance’’ in the proposedregulations were concerned that thechange would limit the scope ofcounseling and guidance currentlyprovided under the program.Specifically, the commenters wereconcerned that this term would prohibitthe provision of personal adjustmentcounseling and other related counselingservices currently provided byvocational rehabilitation counselors—services that are necessary to addressissues confronted by individuals withdisabilities seeking employment,including issues associated withadjusting to environmental barriers,medical issues, family and social issues,and other related issues that are notconsidered ‘‘vocational.’’ However, theuse of the term ‘‘vocational counselingand guidance’’ in the proposedregulations was not intended to limitthe scope of the counseling andguidance that an individual may need inorder to achieve a vocational goal.Rather, the term ‘‘vocational counselingand guidance’’ was intended merely asa means of distinguishing discrete,therapeutic counseling and guidanceservices that are necessary for anindividual to achieve an employmentoutcome from the general supportiverole that the VR counselor performsthroughout the rehabilitation process inconnection with any service. Discrete,therapeutic counseling and guidanceservices include personal adjustmentcounseling, counseling that addressesmedical, family, or social issues,vocational counseling, and any otherform of counseling and guidance that isnecessary for an individual with adisability to achieve an employmentoutcome. The Secretary agrees thatchanging the term ‘‘vocationalcounseling and guidance’’ to‘‘vocational rehabilitation counselingand guidance’’ in the final regulations,as some commenters suggested, betterreflects this broad interpretation. Likethe term used in the proposedregulations, this change does not affectthe general counseling and guidancerelationship that exists between thecounselor and the individual during theentire rehabilitation process.The Secretary agrees that the DSU andthe individual share a jointresponsibility to secure grant assistancefrom sources other than VR programfunds in order to pay for training ininstitutions of higher education. Thisposition is consistent with RSA’slongstanding policy relating to therequirement that available comparableservices and benefits be located andused before a DSU expends programfunds to pay for VR services. Under thispolicy, DSUs are responsible foridentifying providers of comparableservices and benefits and for assisting