Education Alert

Vocational Rehabilitation May Not Access Merit Based Awards and Scholarships

The Client Assistance Program (CAP) has had a number of complaints from students with disabilities who report they have been asked to utilize student loans, awards or scholarships to help defray the cost of their tuition paid by the Division of Vocational Rehabilitation (DVR). The Rehabilitation Act Amendments of 1998 require vocational rehabilitation agencies to use comparable benefits if a service or resource is available through some other agency or program. However, student loans, because they must be repaid, and not a comparable benefit. Additionally, comparable benefits do not include awards or scholarships, which are based on merit. 29 U.S.C. § 721 (a)(8)(A)(ii).

Vocational rehabilitation agencies are required to request and assist individuals to apply for basic grants, such as the Pell Grant. 29 U.S.C. §723(a)(5) requires the following: "Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials, except that no training services provided at an institution of higher education shall be paid for with funds under this title unless maximum efforts have been made by the designated state unit and the individual to secure grant assistance, in whole or in part, from other sources to pay for such training."

We encourage you to post this information and to distribute it freely so that students with disabilities will be aware of their rights and responsibilities.