N.H. Admin. Code § Ed 1009.01

Current through Register No. 50, December 12, 2024

Section Ed 1009.01 - Determination, Establishment, and Implementation

The provisions under 34 CFR 361.36 shall be used to determine the ability to serve all eligible individuals or an order of selection in addition to the following:

(a) NHVR shall comply with the provisions of 34 CFR 361.36 to either:

(1) Provide the full range of vocational rehabilitation services listed in 29 U.S.C. 723(a), as appropriate, to all eligible individuals; or

(2) In the event that vocational rehabilitation services cannot be provided to all eligible individuals who apply for the services, implement the order of selection established in (e) below in selecting eligible individuals to be provided vocational rehabilitation services;

(b) The NHVR shall consult with the state rehabilitation council established under 34 CFR 361.16 and meeting the requirements of 34 CFR 361.17 regarding the:

(1) Need to establish an order of selection;

(2) Priority categories of the particular order of selection;

(3) Criteria for determining individuals with the most significant disabilities; and

(4) Administration of the order of selection;

(c) If the NHVR determines that it does not need to establish an order of selection, the NHVR shall reevaluate this determination in accordance with 34 CFR 361.36(b)(2);

(d) If NHVR establishes an order of selection, but determines that it does not need to implement that order at the beginning of the fiscal year, NHVR shall continue to meet the requirements of Ed 1009.01(c). If the NHVR does not continue to meet the requirements of Ed 1009.01(c) it shall implement the order of selection by closing one or more priority categories;

(e) If, in accordance with 34 CFR 361.36, the NHVR determines that it is unable to provide the full range of services to all eligible individuals, the NHVR shall implement an order of selection for eligible individuals according to the following priority categories:

(1) Priority one shall include individuals determined eligible for services prior to the effective date of the implementation of the order of selection in accordance with 34 CFR 361.36(e)(3)(i), and individuals determined eligible for services after the effective date of the implementation of the order of selection and who are individuals with a most significant disability;

(2) Priority 2 shall include individuals with a significant disability; and

(3) Priority 3 shall include all other eligible individuals who do not have a significant disability;

(f) NHVR shall provide services to individuals who require specific services or equipment to maintain employment; and

(g) NHVR shall continue to provide pre-employment transition services to students with disabilities who were receiving such services prior to being determined eligible for vocational rehabilitation services.

N.H. Admin. Code § Ed 1009.01

Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031