State Plans for Administration of Rehabilitation.

Another of the conditions under which Federal moneys are to be expended is that annually the State board for vocational education submit to the Federal board for approval a plan for the administration of the work. In Part V, page 24, will be found a full treatment of the State plan and the Federal board's policy in connection with submission and approval.

State Reports to the Federal Board on Civilian Vocational Rehabilitation Work.

Another condition under which Federal money may be expended in a State is that annually the State board make a report to the Federal board on the work done in the State. In Part VI, page 29, is given a full treatment of reports to the Federal board that are required of the State board.

Purchase or Rental of Buildings and Administrative Equipment.

The national act imposes the condition that Federal and matching money shall not be expended either directly or indirectly for the purchase, preservation, rental, or repair of any building or buildings or equipment, or for the purchase or rental of any lands. This condition is interpreted in respect to equipment as applying only to that used for purposes of administration. In Part IV, page 21, a statement is given covering the policy of the Federal board in the use of matching funds for instructional equipment and rental of offices for purposes of administration. See also page 21 for prohibition of expenditures for charges applying to administrative equipment.

Rehabilitation of Disabled Civil Employees of the United States Government.

The national act requires that the vocational rehabilitation service in a State which accepts the act shall be available, under such rules and regulations as the Federal board shall prescribe, to any civil employee of the United States Government disabled while in the performance of his duty. Generally speaking, a State is expected to take care of such civil employees of the United States as are legal residents of the State, but the Federal board reserves the right to request any State to accept any civil employee of the Federal Government regardless of residence. Such a request might become necessary because of lack or inadequacy of rehabilitation facilities in the State of residence.

ELIGIBILITY OF DISABLED PERSONS FOR CIVILIAN VOCATIONAL REHABILITATION

Determination Left to States.

The Federal board considers that references in the national act to beneficiaries mean that the States will offer vocational rehabilita

tion to all persons of employable age who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury, or disease, appear to be, or may be expected to be, totally or partially incapacitated for remunerative employment in industry or in any legitimate occupation, and who may be reasonably expected to be fit to engage in a remunerative occupation after receiving civilian vocational rehabilitation service.

Subject to determination within the meaning of the national act and the above statement of policy, the matter of eligibility is left to the States, the State boards having the responsibility of passing upon individual cases.

Eligibility Dependent Upon Vocational Handicap.

Although the Federal board leaves the determination of eligibility of the individual to the States, the Federal board feels that the following principles should be guiding factors. First, there can be no doubt that it is the intent of the national act that a person to be eligible must be vocationally as well as physically handicapped at the time he comes to the attention of the State rehabilitation service. The presence of a physical disability does not necessarily constitute eligibility for rehabilitation service. The applicant must be vocationally handicapped to be eligible for vocational rehabilitation. Physically disabled persons, as a class, are not ineligible for vocational education, but as individuals they may be ineligible for vocational rehabilitation.

The minimum age at which persons are eligible for rehabilitation service is the minimum age of legal employability in a State. Definition of Vocational Handicap.

Persons who are vocationally handicapped because of physical disability fall into two groups-those with, and those without, vocational experience. The former are vocationally handicapped when, because of their disabilities, they are unable to follow their best jobs prior to disablement; while the latter are vocationally handicapped when the disability is a major one and lessens normal opportunity for employment.

Susceptibility of Rehabilitation.

Eligibility for civilian vocational rehabilitation service does not necessarily imply susceptibility for the service. It is recognized that factors such as age, degree of physical disability, attitude of mind, or social status, sometimes make it inadvisable or uneconomic to attempt to render a vocational rehabilitation service, or impossible to accomplish it.

VOCATIONAL REHABILITATION DEFINED

Definition.

Civilian vocational rehabilitation is defined in the national act as "the rendering of a physically disabled person fit to engage in a remunerative occupation." Both the definition and the process of vocational rehabilitation are considered in contradistinction to physical, social, or other forms of rehabilitation. Thus, the predominant and major objective of a State rehabilitation service should be the establishment or reestablishment of the physically Vocationally disabled in such normal forms of remunerative and productive employment as are followed by physically normal persons in making a livelihood.

Determination of Rehabilitation.

The national act, in defining civilian vocational rehabilitation, does not attempt to indicate the extent to which the service should or may be carried. Like the determination of eligibility, this function must be left to the States, but the Federal board believes that the following principles should guide rehabilitation administrators and workers. A vocationally handicapped person who has had vocational experience is rehabilitated when fitted for and placed in employment of at least the same status as his best job prior to disablement, or in employment as near his best job as his physical disability will permit. A vocationally handicapped person who has had no vocational experience is rehabilitated when fitted for and placed in employment which is at least consistent with his educational background, vocational ability, and physical disability. Placement of the Rehabilitated.

By legislation and by practice placement is considered an integral part of the civilian vocational rehabilitation service. However, a State rehabilitation program that contemplates or provides placement alone is not in harmony with the spirit of the national act. The emphasis laid by the act upon courses of study, supervision, and the like, makes it clear that the chief thing in mind is vocational training of the disabled. A rehabilitation service which does not attempt reeducation in good faith is not a genuine attempt to carry out the provisions of the act.

REQUIREMENTS FOR RECEIPT OF BENEFITS OF THE NATIONAL ACT

In order to receive the benefits of the national act a State must meet, through the enactment of legislation, the requirements set forth in the following paragraphs:

National Act Must Be Accepted by State Legislature.

Acceptance of the provisions of the national act can be effected only through the passage of legislation by the State legislature.

The national act does not require a particular form of acceptance, but does require that the State meet the following provisions: Accept the provisions of the national act; empower and direct the State board for vocational education to cooperate with the Federal board in the administration of the national act; provide that a plan of cooperation be formulated between the compensation agency and the State board; provide for the support and supervision of rehabilitation; and appoint the State treasurer as custodian of Federal allotments.

It is evident from a consideration of the limited number of mandatory provisions which must be a part of the State act of acceptance, that there is a wide flexibility possible in providing in each State an act that will enable the State to cope with the entire national rehabilitation problem.

Desirable provisions of State vocational rehabilitation legislation. In addition to providing for acceptance of the benefits of cooperation with the Federal Government in the promotion of the program, the State should make provision for several phases of the general work of rehabilitation which are not provided for under the national act. For instance, a State should provide from public or private sources for other items of maintenance of rehabilitation than those for which Federal or matching funds may be used. It will be necessary, for illustration, to provide funds out of which general permanent administrative equipment, books, office fixtures, and the like of the civilian vocational rehabilitation service may be purchased. In some States special funds have been provided by direct appropriation from which living maintenance of persons while in training may be paid. In others the same end has been effected through so amending the compensation act as to provide an award for reeducation, either directly or indirectly. Other forms of social insurance might be established or amended to do the same thing for cases outside the compensation act. Some States, wishing to do work in the field of physical rehabilitation, have passed enabling legislation. Thus, the problem of providing a basic law for civilian vocational rehabilitation is an individual one with the States. Even in the language of enabling acts there will be considerable variety, since in some States grants of power can be made in general terms, while in others a detailed enumeration is essential to validity.

Assistance to States planning legislation.—It is not the function of the Federal board to influence States in their legislation, but it is clear that the Federal board has a responsibility to provide suggestions which may be used by the States as a basis for adequate legislation. The Federal board has copies of all State enactments covering all phases of the vocational rehabilitation work, and will gladly

place at the command of any State board information relative to the experience of other States. The Federal board will also, at the request of State board officials, send its agents for conferences, and such assistance as is desired.

A suggested acceptance act.-It is evident, therefore, that the only act which the Federal board can suggest must be of universal application and cover only those provisions which a State must enact in order to make possible a cooperative Federal and State civilian vocational rehabilitation service. There is given in Appendix III, page 46, a suggested draft of a basic State act. Such features as are desired may, of course, be added.

Administration of Rehabilitation Must Be by State Board for Vocational Education.

By the terms of the national act the State board for vocational education must be the agency through which the administration of a State service of rehabilitation is carried on if cooperation with the Federal Government is to be had in the program. The State board can not relinquish its responsibility for the work to any other agency. It is believed by the Federal board that the well-settled principle of law relating to the delegation of duties applies. Briefly, this rule is that in cases in which the proper execution of the office requires the exercise of judgment and discretion by a board, the presumption is that the board was chosen because it was deemed fit and competent to exercise that judgment and discretion, and unless power to delegate its authority has been given, it can not delegate its duties to another.

The national act provides that in order to secure the benefits of the appropriations any State shall, through the legislative authority, empower and direct the State board for vocational education to cooperate with the Federal Board for Vocational Education in the administration of the act. This requires on the part of the State board the preparation and submission of plans, the making of an annual report on the work done in the State, and the supervision of all work done under the provisions of the act. As the proper performance of all these duties involves the exercise of judgment and discretion, it is believed that they must be performed by the State board personally and can not be delegated to another agency. State Board and Workmen's Compensation Agency Required to Cooperate. The national act provides that in those States where a State workmen's compensation board, or other State board, department, or agency exists, charged with the administration of the State workmen's compensation or liability law, the legislature shall provide that a plan of cooperation be formulated between such State board or agency and the State board for vocational education, such plan