34 CFR 379.3 - Who is eligible for services under this program?

§ 379.3 Who is eligible for services under this program?
(a) An individual is eligible for services under this program if—
(1) The individual is an individual with a disability or an individual with a significant disability;
(2) The individual requires vocational services to prepare for, secure, retain, or regain employment; and
(3) The determination of eligibility is consistent withsection 102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C. 701-796l.
(b) The recipient of the grant under which the services are provided may determine an individual's eligibility for services under this program, to the extent that the determination is appropriate and consistent with the requirements ofsection 102(a) of the Act. See Appendix B to this part for further information.
(c) Except as provided in paragraph (d) of this section, an individual who has a disability or is blind, as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401-433 and 1381-1385)—
(1) Is considered to be an individual with a significant disability; and
(2) Is presumed to be eligible for vocational rehabilitation (VR) services under this program (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual).
(d) The DSU or recipient of the grant involved may deny an individual services if the DSU or recipient of the grant involved can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting in terms of an employment outcome from VR services due to the significance of the disability of the individual.

Title 34 published on 2014-07-01.

No entries appear in the Federal Register after this date, for 34 CFR Part 379.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 29 - LABOR

Title 34 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 379 after this date.

  • 2015-04-16; vol. 80 # 73 - Thursday, April 16, 2015
    1. 80 FR 20988 - Workforce Innovation and Opportunity Act, Miscellaneous Program Changes
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Special Education and Rehabilitative Services
      Notice of proposed rulemaking.
      We must receive your comments on or before June 15, 2015.
      34 CFR Parts 367, 369, 370, 371, 373, 376, 377, 379, 381, 385, 386, 387, 388, 389, 390, and 396