Vocational Rehabilitation Basics for Students and Families

In the spring of senior year, a school counselor tells a family that their son might be eligible for "VR." The family nods. They do not know what the letters stand for, whether to call, or what the agency does. They leave with a phone number on a sticky note.

Vocational rehabilitation is the main public program for helping people with disabilities get and keep work. It is not part of the school, which is why families often meet it late. This guide explains how it works in plain terms, using the federal regulation. It is general information, not legal advice, and your state's agency has its own forms and procedures.

What VR is

State vocational rehabilitation agencies receive federal funding to help people with disabilities prepare for, secure, retain, advance in, or regain employment. Each state has its own agency, sometimes more than one, such as a separate agency for people who are blind. The federal rules are in 34 CFR Part 361, and the state agency's own policies add detail.

VR is different from special education in several ways. It is not a school program. It is based on employment, not on education. It has its own eligibility rules. And it serves adults as well as students.

Who is eligible

Section 361.42 sets the main test. An applicant is eligible if three things are true:

1. Qualified personnel determine that the applicant has a physical or mental impairment.
2. The impairment constitutes or results in a substantial impediment to employment.
3. A qualified VR counselor determines that the applicant requires VR services to prepare for, secure, retain, advance in, or regain employment.

The regulation adds two points that matter to families.

• Social Security recipients are presumed eligible. An applicant found eligible for Social Security benefits under title II or title XVI is presumed eligible for VR services, and the agency may verify this with the Social Security Administration. The regulation says the presumption does not create an entitlement to any particular service.
• A 60-day timeline. The agency must make a final eligibility determination within 60 days of an application for services.

The regulation also says that before concluding that a person cannot benefit because of the severity of the disability, the agency must explore the person's abilities through realistic work situations, called trial work experiences, in competitive integrated employment settings to the maximum extent possible. A finding that a person cannot benefit requires clear and convincing evidence.

The order of selection

Section 361.36 requires a state agency to be able to serve all eligible individuals. If it cannot, it must adopt an order of selection, a priority order for who gets services first. The order cannot be based on disability type, age, sex, race, referral source, expected job type, cost, or family income. People with the most significant disabilities are selected first.

The agency must tell eligible individuals their priority category, their assignment to it, and their right to appeal. Those not selected must still have access to information and referral services. People who are already receiving services under a plan keep getting them.

This means that eligibility and getting services are not always the same moment. Ask the agency whether your state is under an order of selection, and ask for your priority category in writing.

Students and pre-employment transition services

Section 361.48 requires each state's VR unit to provide or arrange pre-employment transition services for students with disabilities who need them, and says they must be available statewide whether or not the student has applied for or been found eligible for VR. See pre-employment transition services for the five required activities.

The regulation also says that VR offices, in collaboration with the school district, work with schools to coordinate these services, and that local offices attend IEP meetings for students with disabilities when invited.

How the pieces fit

Getting connected

The regulation says local VR offices attend IEP meetings when invited. In practice, steps look like this.

1. Find your state agency. Search for your state's vocational rehabilitation agency, or ask the transition coordinator for the contact.
2. Ask the school to invite a VR counselor to the transition IEP meeting. The rule on IEP teams requires the consent of the parent, or of the adult student, before a school invites an agency representative. See interagency collaboration.
3. Ask about referral and application timing. Many agencies prefer to begin before the last year of school.
4. Bring records. The IEP, the latest evaluation, and the summary of performance. See summary of performance explained.
5. Ask for the plan in writing. If found eligible, the person works with the counselor on an individualized plan for employment.

Questions for the VR office

• Does the agency use an order of selection now, and what is the typical wait?
• Which pre-employment transition services are available to my child, and where?
• What documents does the agency want before an application?
• How are decisions explained and appealed?
• Who is our counselor, and how do we reach them?

VR mix-ups

• Waiting until after graduation. Students can use pre-employment transition services before applying.
• Assuming VR is automatic. It has its own application and eligibility process.
• Missing the order-of-selection notice. You have a right to know your category and to appeal.
• Treating VR as the school's job. It is a separate agency.
• Skipping consent. The school needs consent to invite an agency.

Terms are in the glossary.