126.1 The Rehabilitation Services Administration shall provide vocational rehabilitation services based on the availability of funds, in accordance with 34 CFR § 361.36.

126.2 If the Rehabilitation Services Administration determines that sufficient funds are not available to provide vocational rehabilitation services to all eligible individuals, the Rehabilitation Services Administration, in consultation with the State Rehabilitation Council in accordance with 34 CFR § 361.36(f), shall institute an order of selection for services, providing services on a priority basis to eligible individuals with the most significant to the least significant disability, at the time of rendering services, as follows:

1. (a) Category I: Individual with a most significant disability. An individual with a most significant disability is an individual:
2. (1) Who first meets the definition of an individual with a significant disability pursuant to § 199 and paragraph (b) of this subsection;
3. (2) Who has a severe physical or mental impairment that seriously limits three or more functional capacities such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills in terms of an employment outcome; and
4. (3) Whose vocational rehabilitation can be expected to require multiple, highly specialized vocational rehabilitation services over an extended period of time;
5. (b) Category II: Individual with a significant disability. An individual with a significant disability is an individual:
6. (1) Who first meets the definition of an individual with a significant disability pursuant to § 199;
7. (2) Who has a severe physical or mental impairment that seriously limits one or more functional capacities such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills in terms of an employment outcome;
8. (3) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
9. (4) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation;
10. (c) Category III: Individual with a disability. An individual with a disability is an individual:

(1) Who has a physical or mental impairment that does not meet the criteria set forth in paragraphs (a) and (b) of this subsection;

(2) Whose impairment constitutes or results in a substantial impediment to employment; and

(3) Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

126.3 If an order of selection is implemented, the Rehabilitation Services Administration shall:

(a) Notify all eligible individuals of the priority categories in the order of selection, their assignment to a particular category, and their right to appeal their category assignment;

(b) Provide services to each individual in a higher category before serving any individual in a lower category;

(c) Maintain a waiting list of each eligible individual that cannot be served;

(d) Notify each individual as funding becomes available and the individual becomes next in line for services, based on the priority established by the order of selection and the waiting list; and

(e) Provide each eligible individual who cannot be served with information and referrals to other federal and District of Columbia programs which may be able to meet their employment needs.

126.4 The order of selection shall not apply to:

(a) An individual applying for or receiving Independent Living Services under Title VII of the Rehabilitation Act; or

(b) An individual who has begun to receive services under an Individualized Plan for Employment (IPE) before the effective date of the order of selection.

SOURCE: Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007).