Provision of services under order of selection shall be provided with these considerations.

1. (1) Priority Categories: On and after the effective date of the Order of Selection, the Program shall only provide services, within available funding and in the following order of priority, based on the individual’s date of application:

   1. (a) All persons assigned to Priority Category One, in the order of the eligible individual’s date of application; and then,
   2. (b) All persons assigned to Priority Category Two, in the order of the eligible individual’s date of application; and then,
   3. (c) All persons assigned to Priority Category Three, in the order of the eligible individual’s date of application.
   4. (d) If the Program establishes an Order of Selection, in these instances, individuals receiving Social Security benefits under Title II or Title XVI of the Social Security Act and presumed eligible may be on waiting lists (34 CFR 361.36(c)(3)). Individuals receiving Social Security benefits under Title II or Title XVI of the Social Security Act are assigned to Priority Category Two unless additional documentation supports their placement in Priority Category One.

2. (2) Program funding for services:

   1. (a) Ensure that Program funding arrangements for providing services under the vocational rehabilitation services portion of the combined state plan, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection (34 CFR 361.36(e)(4)).
   2. (b) If any funding arrangements are inconsistent with the order of selection, the Program must renegotiate these funding arrangements so that they are consistent with the order of selection.

3. (3) Provision of Services: On and after the effective date of the Order of Selection and regardless of an individual’s assignment to a priority category, the Program shall:

   1. (a) Continue to provide to an eligible individual all needed services, listed in their individualized plan for employment (IPE), if that individual started receiving individualized plan for employment services prior to the effective date of the Order of Selection.
   2. (b) Provide an eligible individual with specific services or equipment necessary to maintain their current employment pursuant to 34 CFR 361.36. (See OAR 582-100-0021.)
   3. (c) Provide an applicant with assessment services that are necessary to determine Program eligibility and priority category.
   4. (d) Provide career counseling and information and referral services to an eligible individual employed in subminimum wage employment, as described in OAR 582-115-0010; and
   5. (e) Provide an eligible individual, who is not receiving services under the Order of Selection, with information and referral services.
4. (4) Application and eligibility: An eligible individual’s date of application is the date that the Program received the individual’s most recent completed application, as provided in 34 CFR 361.41.

5. (5) Students with disabilities and Order of Selection:

   1. (a) Students with disabilities are not exempt from any of the Order of Selection requirements for Program services.
   2. (b) Students who apply and are determined eligible for Program services are assigned to a disability priority category in accordance with the Program’s Order of Selection policies and procedures. (See OAR 582-100-0011 Provision of Services under an Order of Selection).

   3. (c) Students who have not yet applied for or been determined eligible (potentially eligible) for the Program are:

      1. (A) Not subject to the Order of Selection requirements; and
      2. (B) May receive any of the five required pre-employment transition services they may need so long as they continue to meet the definition of a student with a disability.

   4. (d) However, if a student with a disability needs individualized Program services, in addition to pre-employment transition services, the student:

      1. (A) Must apply, be determined eligible, and assigned a disability priority category; and
      2. (B) Is subject to the Order of Selection requirements.

   5. (e) Assignment to an open disability priority category. Eligible students assigned to an open disability priority category may:

      1. (A) Receive pre-employment transition services and any other Program service they may need on their approved individualized plan for employment.
      2. (B) Continue to receive pre-employment transition services as long as the individual continues to meet the definition of a student with a disability.

   6. (f) Assignment to a closed disability priority category. Eligible students assigned to a closed disability priority category and placed on a waiting list for Program services:

      1. (A) Continue to receive any of the five required pre-employment transition services (Pre-ETS) they may need while on the wait list so long as they began to receive at least one pre-employment transition services prior to their eligibility determination being made and assignment to a closed disability priority category. (34 CFR §361.36(e)(3)(i))

      2. (B) Eligible students assigned to a closed Order Of Selection category and placed on a waiting list for Program service before receiving at least one pre-employment transition services service may not receive pre-employment transition services until:

         1. (i) Their disability priority category is open; and
         2. (ii) They are removed from the waitlist and an individualized plan for employment (IPE) is be developed.

6. (6) Data collection. The Program shall:

   1. (a) Track of the number of eligible individuals who could not receive services under the Order of Selection but did receive information and referral services.

   2. (b) The following information must be reported in the State Plan in accordance with 34 CFR 361.37(d).

      1. (A) Number of eligible individuals that applied for services and did not meet the Program’s Order of Selection for receiving services during the previous fiscal year.
      2. (B) Number and priority category of individuals on the Program’s waiting list.
      3. (C) Number of eligible individuals receiving services, including students receiving pre-employment transition services in accordance with 34 CFR 361.48(a).
      4. (D) Estimates of the number of individuals in the state eligible for services.
      5. (E) The service costs for each priority category.

Statutory/Other Authority

ORS 344.530 & 344.570

Statutes/Other Implemented

ORS 344.511 - 344.690 & 344.710 - 344.730

History

VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020