Virginia Law

A. Referrals. The department must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through a one-stop center. The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services. (34 CFR 361.41(a))

B. Applications.

1. Once an individual has submitted an application for vocational rehabilitation services, including applications made through common intake procedures in one-stop centers under § 121 of the Workforce Innovation and Opportunity Act, an eligibility determination shall be made within 60 days, unless (i) exceptional and unforeseen circumstances beyond the control of the department preclude making a determination within 60 days and the department and the individual agree to a specific extension of time; or (ii) an exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 34 CFR 361.42(e). (34 CFR 361.41(b))

2. An individual is considered to have submitted an application when the individual or the individual's representative, as appropriate (i) has completed and signed an agency application form, a common intake application form in a one-stop center requesting vocational rehabilitation services, or has otherwise requested services from the department; (ii) has provided information to the department that is necessary to initiate an assessment to determine eligibility and priority for services; and (iii) is available to complete the assessment process. (34 CFR 361.41(b)(2))

3. The department shall ensure that its application forms are widely available throughout the state, particularly in the one-stop centers. (34 CFR 361.41(b)(3))