Governing Laws

On October 29, 2021, RSA issued frequently-asked questions titled Criterion for an Integrated Employment Location in the Definition of “Competitive Integrated Employment” and Participant Choice, published as RSA-FAQ-22-02. These FAQs provide guidance and technical assistance to VR agencies and community rehabilitation programs so they may assist individuals with disabilities to achieve high-quality employment and exercise their informed choice about the type of employment to pursue, either with assistance from the VR program or from other community resources. While these FAQs do not change the Department of Education’s interpretation that has existed since at least the mid-1990s with respect to the criterion for an integrated employment location, they clarify and update a similar set of FAQs, issued January 17, 2017, entitled Frequently Asked Questions: Integrated Location Criteria of the Definition of ‘Competitive Integrated Employment.’ Therefore, OSERS rescinds the January 2017 FAQs effective as of this date. These updated FAQs take effect immediately upon issuance and will enable VR program personnel to better carry out the purpose of the VR program and allow individuals with disabilities to maximize their employment potential.

Additionally, RSA issued a Response to Significant Comments that addresses changes in the updated FAQs made in response to comments received on the proposed FAQs (RSA-FAQ-21-03) published in the Federal Register and that provided the public with a 30-day opportunity to comment (86 FR 13511 (March 9, 2021)).