Archived Information

U.S. DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION

AND REHABILITATIVE SERVICES

REHABILITATION SERVICES ADMINISTRATION

WASHINGTON, D.C. 20202

[POLICY DIRECTIVE]{.underline}

RSA-PD-91-08

DATE: March 7, 1991

TO : STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL) STATE VOCATIONAL
REHABILITATION AGENCIES (BLIND) CLIENT ASSISTANCE PROGRAMS

RSA SENIOR MANAGEMENT TEAM

SUBJECT : Definition of \"Application\" for Vocational Rehabilitation
Services or Independent Living Rehabilitation Services.

BACKGROUND: The law and the regulations for the State Vocational
Rehabilitation (VR) Program, the Client Assistance Program (CAP), and
the State Independent Living Rehabilitation Services (ILRS) Program
refer to \"applicants,\" \"persons who apply for services,\"
\"applications from persons with handicaps,\" and \"client applicants.\"
These references are found in:

34 CFR 361.30 and 365.30 \-- Processing referrals and applications;

34 CFR 361.35 and 365.33 \-- Certifications and reviews of
ineligibility;

Section 101(a)(5) of the Act, 34 CFR 361.36 and 365.35 \-- Order of
selection for service;

Section 101(a)(9) of the Act, 34 CFR 361.39 and 365.35 \-- Case Record;

34 CFR 361.49 \-- Protection, use and release of personal information;
and

Section 112 of the Act and 34 CFR Part 370 \-- Client Assistance
Program.

> In the VR program the term \"applicant\" is defined in the
> instructions to RSA-911 Case Service Report which reads:
>
> Status 02 - Applicant. As soon as the referred individual (Status 00)
> signs a document requesting vocational rehabilitation services, he or
> she is placed into Status 02 and is designated as an applicant.
> Generally, the document will be an agency application form, but a
> letter signed by an individual who provides the minimum basic referral
> information and requests service should also be considered as a basis
> for placing the individual in Status 02.
>
> Regulations for CAP, 34 CFR 370.4(b) define \"client or client
> applicant\" as an individual receiving or seeking services under the
> Act. RSA further indicates in PQ 4003 84-4, May 30, 1984, that
> \"client applicant,\" under CAP, includes individuals in Status 02 of
> the VR program, all individuals who are seeking services from programs
> under the Act, and individuals who feel they were adversely terminated
> from programs under the Act.
>
> There is no legal, regulatory or formalized definition for
> \"application\" or \"applicant\" in the ILRS program.
>
> An individual\'s request for services, and the date of that request
> are critical issues in the VR and ILRS programs because (1) the
> designated State unit must assure expeditious and equitable handling
> of all referrals and applications, and (2) an individual\'s rights
> begin when an application for services is made. The only proof that an
> individual has requested services, or the date of this request, is a
> signed and dated document requesting services. Therefore, the
> following policy is established.

POLICY

STATEMENT: For purposes of requesting VR services or ILRS,
\"application\" means a request for VR services or ILRS, that is
evidenced by a signed and dated document incorporated in the
individual\'s case file. This evidence may be an agency form, an
individual\'s letter, or other such equivalent document requesting
services.

> If the nature of the individual\'s disability precludes the individual
> from signing a document, acceptable evidence of a signature would
> include a witnessed mark, audio tape, TDD record or the application
> document signed by a parent, guardian or other representative of the
> individual with severe disabilities.
>
> The above definition of \"application\" refers to requests for
> services of the VR and ILRS programs, and does not limit the
> regulatory definition of \"client applicant\" for purposes of CAP.

CITATIONS

IN LAW: Sections 101(a)(6)(A) and 101(a)(9)(C) of the Rehabilitation Act
of 1973 as amended through 1988.

CITATIONS IN

REGULATIONS: 34 CFR 361.30, 361.39, 365.30 and 365.35

EFFECTIVE

DATE: Upon issuance

EXPIRATION

DATE: None

INQUIRIES: RSA Regional Commissioners

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Commissioner

Rehabilitation Services Administration

**[INFORMATION QUERY]{.underline}**

[ISSUE]{.underline}: Is an applicant for Independent Living
Rehabilitation Services (ILRS) under Title VII, Part A obliged to
complete a written application form?

The question from Region VII is based on a State agency\'s assertion
that a counselor\'s note in the running case record indicating that an
individual is requesting ILRS is a sufficient \"application.\"

Sub-issues that derive from the Region VII question are:

1\. Does the \"application form\" need to be a separate document in the
case record with the applicant\'s signature?

2\. Can the CRS properly ask whether the case file contains a signed
application form?

3\. If the State unit does not require a signed application form, as
asked for by the CRS but not required by policy, regulation or law, is
the State unit in noncompliance, of its assurance to establish and
maintain written standards and procedures to assure expeditious and
equitable handling of referrals and applications?

[DISCUSSION]{.underline}

34 CFR 365.30 requires the State unit to establish and maintain written
standards and procedures to assure expeditious and equitable handling of
referrals and applications for ILRS from persons with severe handicaps.

34 CFR 365.33 requires the State unit to certify, in writing, the
determination of eligibility or ineligibility of an applicant for ILRS;
additionally, the State unit is required to notify the applicant in
writing if he or she is determined ineligible for ILRS.

Eligibility for services under CAP begins when an individual is a client
applicant. 34 CFR 365.4(b) defines \"client or client applicant\" as an
individual receiving or seeking services under the Act. A client or
client applicant is eligible to receive CAP services.

The only certain basis for determining that an individual has applied
for services, when he or she applied for services, or that the
individual has knowledge of having applied for services, is the
existence of a dated document requesting services that is signed by the
individual.

There is no official policy, regulation or law specifically defining, or
prescribing the format for, an \"application for services\" in the ILRS
program.

For the Title I program, the requirement for a signed application is
contained in the instructions for the RSA-911 Case Service Report, under
the definitions of caseload statuses:

[Status 02. APPLICANT]{.underline}. As soon as the referred individual
(Status 00) signs a document requesting vocational rehabilitation
services, he or she is placed into Status 02 and is designated as an
applicant. Generally, the document will be an agency application form,
but a letter signed by an individual who provides the minimum basic
referral information and requests service should also be considered as a
basis for placing the individual in Status 02.

[OPTIONS]{.underline}:

1\. Issue a PD defining \"applicant,\" and requiring a signature or
other option for those persons unable to sign their names.

2\. Remove the requirement for a signature from the CRS question about
the application form. This option would require a further definition of
when an individual becomes a \"client applicant\" and eligible for
client rights under the Act, and for CAP services.