Exception 1: would interrupt or delay progress towards the employment outcome on the Employment Plan or PES Plan
Exception 2:. would interrupt or delay or an immediate job placement
Exception 3: is a medical, including mental health, service needed to address an extreme medical risk based on medical evidence provided by an appropriate licensed medical professional (per 2016
Federal Regulation 34 CFR § 361.53). “Extreme medical risk” means a probability of substantially increasing client functional impairment or death if medical services, including mental health services, are not provided expeditiously (per 2016
Federal Regulation 34 CFR § 361.5 (c)(21). Emergency procurement procedure may be used in lieu of written authorization; see
Chapter 14.1, PURCHASING, Policy 4.
Exception 4: is diagnostic, evaluation, and assessment services needed to determine eligibility or VR needs (and assign priority category if DRS is on Order Of Selection). However, if it is a physical restoration service, see
Chapter 8.14, PHYSRES, Policy 1, Section A1 and Section D. For Workers Compensation case, see subsection c of this policy. For comparable benefit resources for assistive technology that is durable medical equipment, see
Chapter 8.2, AT, Policy 1.
Exception 5: is VR counseling, guidance, and referral services, including information and support services to assist the individual in exercising informed choice.
is vocational and other training services including personal and work adjustment training, books (including alternative book formats accessible by computer and taped books), tools, and other training materials. However, for training that participates in the financial aid program, see
Chapter 7, SCHOOL, Policy 1, Section A1. For Workers’ Compensation cases, for comparable benefits for training services, see
Chapter 5, PLAN, Policy 2, Section D6. Additional requirements for Training Employment Plan.
Exception 7: is work-related placement services (including job search, job placement, 90-day follow-up services, and follow-along services) provided by DRS staff, not a vendor.
Exception 8: is rehabilitation technology (including rehabilitation engineering, assistive technology devices, and assistive technology services). However, if a comparable benefit exists and is readily available, the counselor shall use it first.
Exception 9: is information and referral services for clients not assigned to an open priority category if DRS is on Order Of Selection (Rehabilitation Act of 1973 as amended in 1998 Title I Section 101(a)(5)).
Exception 10: is not available at the time needed. If a comparable benefit exists but is not available at the time needed, DRS shall provide the VR service until the comparable benefit becomes available. Once the comparable benefit becomes available, the counselor shall use it before using VR funds, and shall obtain reimbursement from the third party for costs DRS incurred that were the third party’s obligation, and should advise the client of consumer rights under any applicable law (e.g., Americans with Disabilities Act of 1990, Individuals with Disabilities Education Act).
9. Individuals Jointly Served by DARS and the Department for the Blind and Vision Impaired (DBVI) Comparable benefits, including services to be provided/funded by DBVI, should be included in the individual's IPE. See Chapter 16, INDIVIDUALS JOINTLY SERVED BY DARS AND THE DEPARTMENT FOR THE BLIND AND VISION IMPAIRED (DBVI), Policy 7.
Links to the Code of Federal Regulations (CFR) are currently unavailable while we await federal changes to the vocational rehabilitation program. Upon promulgation of the final regulations the links will be updated and activated.