federal register - U.S. Government Printing Office

6350 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationsparagraphs (a)(3)(i) (A) through (C) ofthis section and the resources identifiedin paragraph (a)(3)(i)(D) of this sectionand an explanation of any projectedincreases or decreases in these costs andresources; and(iii) A demonstration that theprojected revenues and the projectednumber of qualified personnel for theprogram in the next fiscal year areadequate to cover the costs identified inparagraphs (a)(3)(i) (A) through (C) ofthis section so as to ensure the provisionof the full range of services, asappropriate, to all eligible individuals.(b) Time for determining need for anorder of selection. (1) The designatedState unit shall determine, prior to thebeginning of each fiscal year, whether toestablish and implement an order ofselection.(2) If the designated State unitdetermines that it does not need toestablish an order of selection, it shallreevaluate this determination wheneverchanged circumstances during thecourse of a fiscal year, such as adecrease in its fiscal or personnelresources or an increase in its programcosts, indicate that it may no longer beable to provide the full range of services,as appropriate, to all eligibleindividuals.(c) Establishing an order ofselection—(1) Basis for order ofselection. An order of selection must bebased on a refinement of the threecriteria in the definition of ‘‘individualwith a severe disability’’ in section7(15)(A) of the Act.(2) Factors that cannot be used indetermining order of selection of eligibleindividuals. An order of selection maynot be based on any other factors,including—(i) Any duration of residencyrequirement, provided the individual ispresent in the State;(ii) Type of disability;(iii) Age, gender, race, color, creed, ornational origin;(iv) Source of referral;(v) Type of expected employmentoutcome;(vi) The need for specific services oranticipated cost of services required byan individual; or(vii) The income level of anindividual or an individual’s family.(3) Priority for individuals with themost severe disabilities. The State planmust assure that those individuals withthe most severe disabilities are selectedfor service before other individuals withdisabilities. The designated State unitshall establish criteria for determiningwhich individuals are individuals withthe most severe disabilities. The criteriamust be consistent with the definition of‘‘individual with a severe disability’’ insection 7(15)(A) of the Act and therequirements in paragraphs (c) (1) and(2) of this section.(d) Administrative requirements. Inadministering the order of selection, thedesignated State unit shall—(1) Implement the order of selectionon a statewide basis;(2) Notify all eligible individuals ofthe priority categories in a State’s orderof selection, their assignment to aparticular category, and their right toappeal their category assignment;(3) Continue to provide all neededservices to any eligible individual whohas begun to receive services under anIWRP prior to the effective date of theorder of selection, irrespective of theseverity of the individual’s disability;(4) Ensure that its fundingarrangements for providing servicesunder the State plan, including thirdpartyarrangements and awards underthe establishment authority, areconsistent with the order of selection. Ifany funding arrangements areinconsistent with the order of selection,the designated State unit shallrenegotiate these funding arrangementsso that they are consistent with theorder of selection.(e) State Rehabilitation AdvisoryCouncil. The designated State unit shallconsult with and seriously consider theadvice of the State RehabilitationAdvisory Council regarding the—(1) Need to establish an order ofselection, including any reevaluation ofthe need under paragraph (b)(2) of thissection;(2) Priority categories of the particularorder of selection;(3) Criteria for determiningindividuals with the most severedisabilities; and(4) Administration of the order ofselection.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 7(15)(A); 12(d); 17; 101(a)(4);101(a)(5)(A); 101(a)(7); 101(a)(11)(A);101(a)(15)(D); 101(a)(24); 101(a)(30);101(a)(36)(A)(ii); 107(a)(4)(B); and 504(a) ofthe Act; 29 U.S.C. 706(15)(A), 711(d), 716,721(a)(4), 721(a)(5)(A), 721(a)(7),721(a)(11)(A), 721(a)(15)(D), 721(a)(24),721(a)(30), 721(a)(36)(A)(ii), 727(a)(4)(B), and794(a))§ 361.37 Establishment and maintenanceof information and referral programs.(a) General provisions. The State planmust assure that—(1) The designated State unit willestablish and maintain information andreferral programs adequate to ensurethat individuals with disabilities withinthe State are given accurate informationabout State vocational rehabilitationservices, independent living services,vocational rehabilitation servicesavailable from other agencies,organizations, and communityrehabilitation programs, and, to theextent possible, other Federal and Stateservices and programs that assistindividuals with disabilities, includingclient assistance and other protectionand advocacy programs;(2) The State unit will referindividuals with disabilities to otherappropriate Federal and State programsthat might be of benefit to them; and(3) The State unit will use existinginformation and referral systems in theState to the greatest extent possible.(b) Appropriate modes ofcommunication. The State plan furthermust assure that information andreferral programs use appropriate modesof communication.(c) Special circumstances. If the Stateunit is operating under an order ofselection for services, the State unit mayelect to establish an expandedinformation and referral program thatincludes counseling, guidance, andreferral for job placements for thoseeligible individuals who are not in thepriority category or categories to receivevocational rehabilitation services underthe State’s order of selection.(1) If a State unit elects to establish anexpanded information and referralprogram under paragraph (c) of thissection, the State plan must include—(i) A description of how the expandedinformation and referral program will beestablished and how it will function,including the level of commitment ofState unit staff and resources; and(ii) An assurance that, in carrying outthis program, the State unit will not usefunds that are needed to providevocational rehabilitation services underIWRPs for eligible individuals in thepriority category or categories receivingservices under the State unit’s order ofselection or for other eligibleindividuals who have begun to receiveservices prior to the effective date of theorder of selection.(2) If the designated State unitchooses to track the individuals whoobtain employment throughparticipation in an expandedinformation and referral programestablished under paragraph (c) of thissection, the State plan must include areport of the number of individualsserved and the number of individualswho obtain employment through thisprogram.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 101(a)(22) of the Act; 29U.S.C. 721(a)(22))