Section 60. Extended evaluation for individuals with significant disabilities

A. Under limited circumstances, if an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before the state unit is able to make an eligibility determination for vocational rehabilitation services, the state unit must conduct an extended evaluation to make the determination that (i) there is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome or (ii) there is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual's disability

B. During the extended evaluation period, which may not exceed 18 months, vocational rehabilitation services must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

C. During the extended evaluation period, the designated state unit must develop a written plan for providing services that are necessary to make the determinations in subsection A of this section. The state unit may provide during this period only those services that are necessary to make these two determinations. (34 CFR 361.42)

D. The state unit shall assess the individual's progress as frequently as necessary, but at least once every 90 days, during the extended evaluation period.

E. The state unit shall terminate extended evaluation services at any point during the 18-month extended evaluation period if the state unit determines that (i) there is sufficient evidence to conclude that the individual can benefit from vocational rehabilitation services in terms of an employment outcome or (ii) there is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

Historical Notes

Derived from VR595-01-1 § 6, eff. July 1, 1987; amended, Volume 11, Issue 01, eff. November 2, 1994; Volume 17, Issue 07, eff. January 17, 2001; Volume 19, Issue 14, eff. April 24, 2003.

Statutory Authority

§ 51.5-14 of the Code of Virginia.