Nebraska Vocational Rehabilitation Eligibility and Order of Selection

Nebraska VR serves two populations through two different eligibility tracks, and confusing them is one of the most common mistakes families make during transition planning. A student can receive Pre-ETS services for years and still be denied adult VR services if they don't meet the separate adult eligibility standard.

Pre-ETS Eligibility: The Broad Track

Pre-Employment Transition Services are available to students aged 14 to 21 who are enrolled in high school, a postsecondary program, or home school and have a documented IEP or 504 Plan. That's the student eligibility threshold — no formal VR eligibility determination required. The student is classified as "potentially eligible" and can access all five core Pre-ETS services: job exploration, work readiness training, work-based learning, postsecondary education counseling, and self-advocacy instruction.

This broad eligibility exists because Pre-ETS is funded through a dedicated set-aside in the federal Rehabilitation Act. Schools initiate access by having the parent sign a Pre-ETS Consent & Release form, and a VR Pre-ETS Coordinator begins working with the student at school.

Adult VR Eligibility: The Narrower Track

When a student approaches graduation or the end of their school eligibility, they must file a separate adult application with Nebraska VR. This triggers a formal eligibility determination with three requirements:

1. Documented disability: The individual has a physical, mental, or cognitive disability verified through medical or psychological records.

2. Substantial barrier to employment: The disability must create a significant barrier to obtaining, maintaining, or advancing in competitive integrated employment. Having a disability alone isn't enough — VR must determine that the disability specifically impedes the person's ability to work.

3. Need for VR services: The individual must require VR services to prepare for, secure, retain, or regain employment. If VR determines that the person does not need its services to achieve competitive employment, it may determine that this requirement is not met.

The key difference from Pre-ETS: many students with mild learning disabilities or ADHD who had IEPs and received Pre-ETS won't meet the "substantial barrier to employment" threshold. Their disability is real, but VR may conclude it doesn't prevent them from competing in the job market without specialized support.

Order of Selection

When a state VR agency's caseload exceeds available resources, federal rules allow an Order of Selection that prioritizes individuals with the most significant disabilities. Nebraska VR's current 2024–2027 WIOA Combined State Plan, effective July 1, 2024, says the agency is not implementing an Order of Selection and will serve all eligible individuals. Older Nebraska VR materials describe the following priority categories:

• Category 1 (highest priority): Individuals with the most significant disabilities — those with serious limitations in multiple functional areas who require multiple VR services over an extended period
• Category 2: Individuals with significant disabilities
• Category 3: All other eligible individuals with disabilities

If Nebraska VR implements an Order of Selection in the future, people in lower categories could be placed on a waiting list even after being determined eligible. Nebraska has historically operated under an order of selection, meaning Category 1 applicants were served first while others could wait; verify the current status with Nebraska VR.

Pre-ETS follows the separate potentially eligible student track. Students still need a separate adult application for individualized VR services.

Timing the Application

File the adult VR application during the student's final year of school services — not after graduation. If the student is determined eligible, VR can begin developing the Individualized Plan for Employment (IPE) while the student still has school-based support. The IPE defines a specific employment goal, the services VR will provide (job coaching, supported employment, assistive technology), and a timeline for achieving competitive integrated employment.

VR closes a case after the individual works successfully for at least 90 days in a competitive setting. Post-employment services remain available if challenges arise later.

The Nebraska IEP Transition to Adulthood Guide walks through the adult VR application step-by-step and includes a Pre-ETS to adult services transition checklist so families don't lose momentum when the eligibility standard changes.

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