1. (a) In determining whether to invoke an order of selection, the assistant commissioner for rehabilitation services applies the criteria set out in 29 USC §709, in 34 CFR §361.36 as amended, and in the state plan.
2. (b) The order of selection, if invoked, is applied after eligibility for services is determined.

Source Note:The provisions of this §856.82 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.