Virginia Law

In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services (if the state is operating under an order of selection), the department shall conduct an assessment for determining eligibility and priority for services. The assessment shall be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice, and in accordance with this section.

1. Eligibility requirements are applied without regard to:

a. Race;

b. Age;

c. Sex;

d. Color;

e. National origin;

f. Particular service needs;

g. Anticipated costs of services required by an applicant;

h. Income level of applicant of applicant's family;

i. Type of expected employment outcome;

j. Source of referral for vocational rehabilitation services;

k. Employment history;

l. Current employment status;

m. Educational status; or

n. Current educational credential.

2. No applicant or group of applicants is excluded or found ineligible solely on the basis of the type of disability; and

3. No duration of residence requirement is imposed that excludes from services any individual who is present in the state. (34 CFR 361.42(c))