1. (a) Ineligibility determination.

   1. (1)

      1. (A) It may be determined that an applicant is not eligible for VR services.
      2. (B) If so, a notification letter will be sent to the consumer.
      3. (C) The date of the determination of ineligibility must be consistent with the AWARE closure date to ensure accurate reporting.
      4. (D) Note. Notification letters are also sent when a consumer is determined eligible.

   2. (2)

      1. (A) A VR counselor may decide, after complying with the requirements of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., that a youth that seeks only subminimum wage work is ineligible for VR services.
      2. (B) Before making that ineligibility determination in accordance with the requirements of 34 C.F.R. § 361.43, however, a VR counselor would need to provide an opportunity for full consultation with the youth or, as appropriate, the youth’s representative (34 C.F.R. § 361.43(a)).
      3. (C) Exercising informed choice in selecting an employment outcome includes the right to decide not to seek an employment outcome.

   3. (3) Any of the following reasons may constitute the basis for a determination of ineligibility with proper documentation and justification in the case file:

      1. (A) Diagnostics indicate there is no disabling condition;
      2. (B) There is a disabling condition, but it does not present an impediment to an employment outcome;
      3. (C)

2. (i) The individual’s disability is too severe to allow gainful employment.

   1. (ii) However, a case cannot be closed due to the severity of a disability unless the consumer has participated in trial work experience (see 25 CAR § 2-402(f)), or the consumer is being closed from service status; or

      1. (D) The individual does not require VR services to prepare for, secure, retain, advance in, or regain employment.

3. (b) Criteria for closing an applicant’s case.

   1. (1) A case is closed from applicant status when:

      1. (A) An applicant is determined ineligible for VR services; or
      2. (B) An eligibility determination cannot be made.

   2. (2)

      1. (A) For example, an applicant may decline to participate in an assessment.
      2. (B) If the VR counselor has made at least three (3) unsuccessful attempts by phone, email, and registered letter to encourage the applicant’s participation, the case may be closed.
      3. (C) Each of these attempts must be well documented in AWARE.

Codification Notes: “VR” means vocational rehabilitation.