Division Policy 2.13

SUBJECT

Eligibility Determination

EFFECTIVE DATE

May 4, 2004

REVISION DATE

October 17, 2025

EXPIRATION DATE

N/A

PURPOSE AND BACKGROUND

The Division of Blind Services (DBS) may sponsor services under the vocational rehabilitation program to meet the vocational needs of an individual with a disability and assist the individual in preparing for, securing, maintaining, advancing in or regaining an employment outcome consistent with the individual’s unique Individualized Plan for Employment (IPE) when such goals meet the requirements of 34 CFR 361.5(c)(15).

DBS must establish and implement standards for timeliness of services to include the timely determination of eligibility as required in 34 C.F.R. § 361.41(b)(1) and priority for services, when applicable.”

AUTHORITY

34 CFR § 361.42 and Section 102(a)(1) of the Rehabilitation Act of 1973

POLICY

Eligibility requirements

1. Basic requirements. DBS’s determination of an applicant's eligibility for vocational rehabilitation services must be based only on the following requirements:
   1. A determination by qualified personnel that an applicant has a physical or mental impairment; has a bilateral visual impairment
   2. A determination by qualified personnel that an applicant's physical or mental and a bilateral visual impairment which constitutes or results in a substantial impediment to employment for the applicant; and
   3. A determination by a qualified vocational rehabilitation counselor employed by DBS that an applicant requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice. For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this part, an individual is presumed to have a goal of an employment outcome.
      
      Note: Substantial impediment to employment means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the individual's abilities and capabilities.
      
      (Authority: Sections 7(20)(A) and 12(c) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(20)(A) and 709(c))
2. Presumption of benefit. DBS will presume that an applicant who meets the eligibility requirements in section (3)(1)(i) and (ii) of this section can benefit in terms of an employment outcome.
3. Presumption of eligibility for Social Security recipients and beneficiaries.
   1. An applicant who has been determined eligible for Social Security benefits under title II or title XVI of the Social Security Act is
      1. Presumed eligible for vocational rehabilitation services under paragraphs (a)(1) and (2) of this section; and
      2. Considered an individual with a significant disability as defined in § 361.5(c)(29).

Original signed by Robert L. Doyle, III, Director on 12/16/2025.