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6328 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationseligible individuals in obtaining thoseresources. The individual, on the otherhand, is responsible for applying forappropriate comparable services andbenefits identified by the DSU. TheSecretary believes that this policy isequally applicable to the requirement insection 103(a)(3) of the Act thatmaximum efforts be made to securealternative sources to pay for training ininstitutions of higher education.Accordingly, it is expected that DSUswill locate alternative funding sourcesto support the cost of training incolleges and universities and, to theextent necessary, assist eligibleindividuals in obtaining this assistance.It is further expected that an individualin need of training in a higher educationinstitution will pursue and apply foralternative funding sources identified bythe DSU.Commenters on § 361.48(a)(13) of theproposed regulations were concernedthat DSUs could terminate jobplacement services anytime an eligibleindividual obtains a job even if the jobis inconsistent with the vocational goalidentified in the individual’s IWRP. Asa result, these commentersrecommended that this sectionspecifically authorize job search andplacement assistance until theindividual achieves an employmentoutcome that is consistent with his orher abilities, capabilities, interests, andinformed choice. The Secretary believes,however, that the commenters’ concernsare fully addressed by § 361.56 of theregulations. That section contains therequirements for determining whetheran individual has achieved anemployment outcome, including therequirement in § 361.56(b) that theemployment outcome be consistent withthe individual’s abilities, capabilities,interests, and informed choice. Thus,termination of services on the basis thatthe individual has achieved anemployment outcome is dependent, inpart, upon whether the job placement isappropriate for the individual inaccordance with § 361.56(b). If aneligible individual receiving VR servicesis underemployed (i.e., placed in a jobthat is not consistent with theindividual’s abilities, capabilities,interests, and informed choice), the DSUmay not discontinue services, includingjob search and placement assistance,that the individual needs in order toachieve the vocational goal specified inthe individual’s IWRP.In an effort to further reduce thepaperwork burden and associated costson DSUs, the Secretary has made tworegulatory changes to paragraph (b) ofthis section that were recommended bycommenters on the proposedregulations. First, the final regulationsrequire the DSU to submit descriptionsrelated to the provision of rehabilitationtechnology and personal assistanceservices triennially as part of its newState plan. The proposed regulationswould have required submission ofthese descriptions annually as revisionsto the State plan. Second, the proposedState plan description of the DSU’sstrategies for expanding the availabilityof personal assistance services has beenremoved from the final regulationsbecause it is not required by statute andcould be more appropriately addressedin a DSU’s strategic plan. Additionally,the Secretary has added to § 361.48(b) ofthe final regulations a requirement thatthe State plan describe how assistivetechnology devices are provided orworksite assessments are made as partof the assessment for determiningeligibility and VR needs of theindividual. This State plan component,which is required under section101(a)(31) of the Act, was inadvertentlyomitted from the proposed regulations.Changes: The Secretary has revised§ 361.48 of the proposed regulations bychanging the term ‘‘vocationalcounseling and guidance’’ underparagraph (a)(3) of this section to‘‘vocational rehabilitation counselingand guidance.’’ The Secretary also hasrevised this section by clarifying underparagraph (a)(6) that it is the jointresponsibility of the DSU and theindividual to secure grant assistancefrom other sources before using VRfunds to pay for training in institutionsof higher education. In addition, theterm ‘‘annually’’ has been removed fromparagraph (b) of this section. Thedescription in the State plan regardingthe DSU’s strategies for expanding theavailability of personal assistanceservices that would have been requiredunder § 361.48(b)(3) of the proposedregulations also has been removed fromthe final regulations. Finally, theSecretary has added to this section therequirement that the State plan describethe manner in which assistivetechnology devices are provided orworksite assessments are made as partof the assessment for determiningeligibility and VR needs of theindividual.§ 361.49 Scope of VocationalRehabilitation Services for Groups ofIndividuals With DisabilitiesComments: None.Discussion: Because the finalregulations limit § 361.50 to writtenpolicies that cover the nature and scopeof services provided to individualsunder § 361.48, the Secretary believesthat the requirement regarding writtenpolicies for services to groups properlybelongs in § 361.49(b)(2) of the finalregulations. This provision is intendedto ensure that if a DSU chooses toprovide services to groups under§ 361.49, then the DSU develops andmaintains written policies covering eachservice and the criteria under whicheach service is provided.Changes: The Secretary has revised§ 361.49 by relocating the requirementregarding written policies for services togroups from § 361.50 of the proposedregulations to § 361.49(b)(2).§ 361.50 Written Policies Governingthe Provision of Services for IndividualsWith DisabilitiesComments: One commenter statedthat it is inappropriate for this sectionto require DSUs to develop writtenpolicies governing the provision of VRservices to groups since these servicesare not included in the individual’sIWRP. Several commentersrecommended requiring that the writtenpolicies developed under this sectionmust ensure that the provision ofservices to each individual is consistentwith the individual’s informed choice.Finally, one commenter questionedwhether DSUs can prohibit verbalauthorization for services in allinstances.Discussion: The Secretary recognizesthe inconsistency in requiring the DSUto develop written policies that coverthe scope of VR services for groupsunder § 361.49 and, at the same time,ensure that the provision of services isbased on the needs of the individual asidentified in the individual’s IWRP. Thecommenter on the proposed regulationswho raised this issue correctly notedthat group services under § 361.49 arenot necessarily included in the IWRP toaddress a rehabilitation need of theindividual. The Secretary intends thatthe policies developed under § 361.50will ensure that the provision ofservices to any eligible individual willbe based on that individual’s needs andthat no arbitrary limits, including limitspertaining to the location, cost, orduration of a particular service, will beplaced on an individual’s receipt of VRservices.The Secretary agrees that theprovision of VR services must beconsistent with the informed choice ofthe individual. This position is clearlyreflected in § 361.48 of the regulations.Consequently, the final regulationsspecify that the DSU’s written policiesdeveloped under § 361.50 must ensurethat the provision of VR services isbased on the individual’s rehabilitationneeds and is consistent with theindividual’s informed choice.