SUBCHAPTER I—VOCATIONAL REHABILITATION SERVICES
Editorial Notes
Codification
Title I of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by
Part A—General Provisions
§720. Declaration of policy; authorization of appropriations
(a) Findings; purpose; policy
(1) Findings
Congress finds that—
(A) work—
(i) is a valued activity, both for individuals and society; and
(ii) fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in the United States;
(B) as a group, individuals with disabilities experience staggering levels of unemployment and poverty;
(C) individuals with disabilities, including individuals with the most significant disabilities, have demonstrated their ability to achieve gainful employment in competitive integrated employment settings if appropriate services and supports are provided;
(D) reasons for significant numbers of individuals with disabilities not working, or working at levels not commensurate with their abilities and capabilities, include—
(i) discrimination;
(ii) lack of accessible and available transportation;
(iii) fear of losing health coverage under the Medicare and Medicaid programs carried out under titles XVIII and XIX of the Social Security Act (
(iv) lack of education, training, and supports to meet job qualification standards necessary to secure, retain, regain, or advance in employment;
(E) enforcement of subchapter V and of the Americans with Disabilities Act of 1990 (
(F) the provision of workforce development activities and vocational rehabilitation services can enable individuals with disabilities, including individuals with the most significant disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities; and
(G) linkages between the vocational rehabilitation programs established under this subchapter and other components of the statewide workforce development systems are critical to ensure effective and meaningful participation by individuals with disabilities in workforce development activities.
(2) Purpose
The purpose of this subchapter is to assist States in operating statewide comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation, each of which is—
(A) an integral part of a statewide workforce development system; and
(B) designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, informed choice, and economic self-sufficiency, so that such individuals may prepare for and engage in gainful employment.
(3) Policy
It is the policy of the United States that such a program shall be carried out in a manner consistent with the following principles:
(A) Individuals with disabilities, including individuals with the most significant disabilities, are generally presumed to be capable of engaging in gainful employment and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.
(B) Individuals with disabilities must be provided the opportunities to obtain competitive integrated employment.
(C) Individuals who are applicants for such programs or eligible to participate in such programs must be active and full partners in the vocational rehabilitation process, making meaningful and informed choices—
(i) during assessments for determining eligibility and vocational rehabilitation needs; and
(ii) in the selection of employment outcomes for the individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services.
(D) Families and other natural supports can play important roles in the success of a vocational rehabilitation program, if the individual with a disability involved requests, desires, or needs such supports.
(E) Vocational rehabilitation counselors that are trained and prepared in accordance with State policies and procedures as described in
(F) Individuals with disabilities and the individuals' representatives are full partners in a vocational rehabilitation program and must be involved on a regular basis and in a meaningful manner with respect to policy development and implementation.
(G) Accountability measures must facilitate the accomplishment of the goals and objectives of the program, including providing vocational rehabilitation services to, among others, individuals with the most significant disabilities.
(b) Authorization of appropriations
(1) In general
For the purpose of making grants to States under part B to assist States in meeting the costs of vocational rehabilitation services provided in accordance with State plans under
(2) Reference
The reference in paragraph (1) to grants to States under part B shall not be considered to refer to grants under
(c) Consumer Price Index
(1) Percentage change
No later than November 15 of each fiscal year (beginning with fiscal year 1979), the Secretary of Labor shall publish in the Federal Register the percentage change in the Consumer Price Index published for October of the preceding fiscal year and October of the fiscal year in which such publication is made.
(2) Application
(A) Increase
If in any fiscal year the percentage change published under paragraph (1) indicates an increase in the Consumer Price Index, then the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made under paragraph (1) increased by such percentage change.
(B) No increase or decrease
If in any fiscal year the percentage change published under paragraph (1) does not indicate an increase in the Consumer Price Index, then the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made under paragraph (1).
(3) Definition
For purposes of this section, the term "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics.
(d) Extension
(1) In general
(A) Authorization or duration of program
Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year—
(i) of the authorization of appropriations for the program authorized by the State grant program under part B of this subchapter; or
(ii) of the duration of the program authorized by the State grant program under part B of this subchapter;
has passed legislation which would have the effect of extending the authorization or duration (as the case may be) of such program, such authorization or duration is automatically extended for 1 additional year for the program authorized by this subchapter.
(B) Calculation
The amount authorized to be appropriated for the additional fiscal year described in subparagraph (A) shall be an amount equal to the amount appropriated for such program for fiscal year 2003, increased by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately preceding fiscal year, if the percentage change indicates an increase.
(2) Construction
(A) Passage of legislation
For the purposes of paragraph (1)(A), Congress shall not be deemed to have passed legislation unless such legislation becomes law.
(B) Acts or determinations of Commissioner
In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of the program authorized by this subchapter, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which the extension described in that part of paragraph (1) that follows clause (ii) of paragraph (1)(A) is in effect.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a)(1)(D)(iii), is act Aug. 14, 1935, ch. 531,
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(E), is
Prior Provisions
A prior section 720,
Amendments
2014—Subsec. (a)(1)(C).
Subsec. (a)(1)(D)(iii).
Subsec. (a)(1)(F).
Subsec. (a)(1)(G).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3)(B).
Subsec. (a)(3)(E).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§721. State plans
(a) Plan requirements
(1) In general
(A) Submission
To be eligible to receive funds under this subchapter for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act [
(B) Nonduplication
The State shall not be required to submit, as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A), policies, procedures, or descriptions required under this subchapter that have been previously submitted to the Commissioner and that demonstrate that such State meets the requirements of this subchapter, including any policies, procedures, or descriptions submitted under this subchapter as in effect on the day before the effective date of the Workforce Innovation and Opportunity Act.
(C) Duration
The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications as the State determines to be necessary or as the Commissioner may require based on a change in State policy, a change in Federal law (including regulations), an interpretation of this chapter by a Federal court or the highest court of the State, or a finding by the Commissioner of State noncompliance with the requirements of this chapter.
(2) Designated State agency; designated State unit
(A) Designated State agency
The State plan for vocational rehabilitation services shall designate a State agency as the sole State agency to administer the plan, or to supervise the administration of the plan by a local agency, except that—
(i) where, under State law, the State agency for individuals who are blind or another agency that provides assistance or services to adults who are blind is authorized to provide vocational rehabilitation services to individuals who are blind, that agency may be designated as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administration of such part by a local agency) and a separate State agency may be designated as the sole State agency to administer or supervise the administration of the rest of the State plan;
(ii) the Commissioner, on the request of a State, may authorize the designated State agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit the agencies to carry out a joint program to provide services to individuals with disabilities, and may waive compliance, with respect to vocational rehabilitation services furnished under the joint program, with the requirement of paragraph (4) that the plan be in effect in all political subdivisions of the State; and
(iii) in the case of American Samoa, the appropriate State agency shall be the Governor of American Samoa.
(B) Designated State unit
The State agency designated under subparagraph (A) shall be—
(i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities; or
(ii) if not such an agency, the State agency (or each State agency if 2 are so designated) shall include a vocational rehabilitation bureau, division, or other organizational unit that—
(I) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, and is responsible for the vocational rehabilitation program of the designated State agency;
(II) has a full-time director who is responsible for the day-to-day operation of the vocational rehabilitation program;
(III) has a staff employed on the rehabilitation work of the organizational unit all or substantially all of whom are employed full time on such work;
(IV) is located at an organizational level and has an organizational status within the designated State agency comparable to that of other major organizational units of the designated State agency; and
(V) has the sole authority and responsibility within the designated State agency described in subparagraph (A) to expend funds made available under this subchapter in a manner that is consistent with the purposes of this subchapter.
(C) Responsibility for services for the blind
If the State has designated only 1 State agency pursuant to subparagraph (A), the State may assign responsibility for the part of the plan under which vocational rehabilitation services are provided for individuals who are blind to an organizational unit of the designated State agency and assign responsibility for the rest of the plan to another organizational unit of the designated State agency, with the provisions of subparagraph (B) applying separately to each of the designated State units.
(3) Non-Federal share
The State plan shall provide for financial participation by the State, or if the State so elects, by the State and local agencies, to provide the amount of the non-Federal share of the cost of carrying out part B.
(4) Statewideness
The State plan shall provide that the plan shall be in effect in all political subdivisions of the State, except that—
(A) in the case of any activity that, in the judgment of the Commissioner, is likely to assist in promoting the vocational rehabilitation of substantially larger numbers of individuals with disabilities or groups of individuals with disabilities, the Commissioner may waive compliance with the requirement that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by the Commissioner, but only if the non-Federal share of the cost of the vocational rehabilitation services involved is met from funds made available by a local agency (including funds contributed to such agency by a private agency, organization, or individual); and
(B) in a case in which earmarked funds are used toward the non-Federal share and such funds are earmarked for particular geographic areas within the State, the earmarked funds may be used in such areas if the State notifies the Commissioner that the State cannot provide the full non-Federal share without such funds.
(5) Order of selection for vocational rehabilitation services
In the event that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the State who apply for the services, the State plan shall—
(A) show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services;
(B) provide the justification for the order of selection;
(C) include an assurance that, in accordance with criteria established by the State for the order of selection, individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation services;
(D) notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and
(E) provide that eligible individuals, who do not meet the order of selection criteria, shall have access to services provided through the information and referral system implemented under paragraph (20).
(6) Methods for administration
(A) In general
The State plan shall provide for such methods of administration as are found by the Commissioner to be necessary for the proper and efficient administration of the plan.
(B) Employment of individuals with disabilities
The State plan shall provide that the designated State agency, and entities carrying out community rehabilitation programs in the State, who are in receipt of assistance under this subchapter shall take affirmative action to employ and advance in employment qualified individuals with disabilities covered under, and on the same terms and conditions as set forth in,
(C) Facilities
The State plan shall provide that facilities used in connection with the delivery of services assisted under the State plan shall comply with the Act entitled "An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped", approved on August 12, 1968 (commonly known as the "Architectural Barriers Act of 1968") [
(7) Comprehensive system of personnel development
The State plan shall—
(A) include a description (consistent with the purposes of this chapter) of a comprehensive system of personnel development, which shall include—
(i) a description of the procedures and activities the designated State agency will undertake to ensure an adequate supply of qualified State rehabilitation professionals and paraprofessionals for the designated State unit, including the development and maintenance of a system for determining, on an annual basis—
(I) the number and type of personnel that are employed by the designated State unit in the provision of vocational rehabilitation services, including ratios of qualified vocational rehabilitation counselors to clients; and
(II) the number and type of personnel needed by the State, and a projection of the numbers of such personnel that will be needed in 5 years, based on projections of the number of individuals to be served, the number of such personnel who are expected to retire or leave the vocational rehabilitation field, and other relevant factors;
(ii) where appropriate, a description of the manner in which activities will be undertaken under this section to coordinate the system of personnel development with personnel development activities under the Individuals with Disabilities Education Act (
(iii) a description of the development and maintenance of a system of determining, on an annual basis, information on the programs of institutions of higher education within the State that are preparing rehabilitation professionals, including—
(I) the numbers of students enrolled in such programs; and
(II) the number of such students who graduated with certification or licensure, or with credentials to qualify for certification or licensure, as a rehabilitation professional during the past year;
(iv) a description of the development, updating, and implementation of a plan that—
(I) will address the current and projected vocational rehabilitation services personnel training needs for the designated State unit; and
(II) provides for the coordination and facilitation of efforts between the designated State unit, institutions of higher education, and professional associations to recruit, prepare, and retain qualified personnel, including personnel from minority backgrounds, and personnel who are individuals with disabilities; and
(v) a description of the procedures and activities the designated State agency will undertake to ensure that all personnel employed by the designated State unit are appropriately and adequately trained and prepared, including—
(I) a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology, including training implemented in coordination with entities carrying out State programs under
(II) procedures for acquiring and disseminating to rehabilitation professionals and paraprofessionals within the designated State unit significant knowledge from research and other sources, including procedures for providing training regarding the amendments to this chapter made by the Workforce Innovation and Opportunity Act;
(B) set forth policies and procedures relating to the establishment and maintenance of standards to ensure that personnel, including rehabilitation professionals and paraprofessionals, needed within the designated State unit to carry out this part are appropriately and adequately prepared and trained, including—
(i) the establishment and maintenance of standards that are consistent with any national or State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing vocational rehabilitation services; and
(ii) the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for—
(I)(aa) attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and
(bb) demonstrated paid or unpaid experience, for not less than 1 year, consisting of—
(AA) direct work with individuals with disabilities in a setting such as an independent living center;
(BB) direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or
(CC) direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or
(II) attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; and
(C) contain provisions relating to the establishment and maintenance of minimum standards to ensure the availability of personnel within the designated State unit, to the maximum extent feasible, trained to communicate in the native language or mode of communication of an applicant or eligible individual.
(8) Comparable services and benefits
(A) Determination of availability
(i) In general
The State plan shall include an assurance that, prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation service to an eligible individual, except those services specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of
(I) the progress of the individual toward achieving the employment outcome identified in the individualized plan for employment of the individual in accordance with
(II) an immediate job placement; or
(III) the provision of such service to any individual at extreme medical risk.
(ii) Awards and scholarships
For purposes of clause (i), comparable benefits do not include awards and scholarships based on merit.
(B) Interagency agreement
The State plan shall include an assurance that the Governor of the State, in consultation with the entity in the State responsible for the vocational rehabilitation program and other appropriate agencies, will ensure that an interagency agreement or other mechanism for interagency coordination takes effect between any appropriate public entity, including the State entity responsible for administering the State Medicaid program, a public institution of higher education, and a component of the statewide workforce development system, and the designated State unit, in order to ensure the provision of vocational rehabilitation services described in subparagraph (A) (other than those services specified in paragraph (5)(E), and in paragraphs (1) through (4) and (14) of
(i) Agency financial responsibility
An identification of, or a description of a method for defining, the financial responsibility of such public entity for providing such services, and a provision stating the financial responsibility of such public entity for providing such services.
(ii) Conditions, terms, and procedures of reimbursement
Information specifying the conditions, terms, and procedures under which a designated State unit shall be reimbursed by other public entities for providing such services, based on the provisions of such agreement or mechanism.
(iii) Interagency disputes
Information specifying procedures for resolving interagency disputes under the agreement or other mechanism (including procedures under which the designated State unit may initiate proceedings to secure reimbursement from other public entities or otherwise implement the provisions of the agreement or mechanism).
(iv) Coordination of services procedures
Information specifying policies and procedures for public entities to determine and identify the interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of vocational rehabilitation services (except those services specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of
(C) Responsibilities of other public entities
(i) Responsibilities under other law
Notwithstanding subparagraph (B), if any public entity other than a designated State unit is obligated under Federal or State law, or assigned responsibility under State policy or under this paragraph, to provide or pay for any services that are also considered to be vocational rehabilitation services (other than those specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of
(ii) Reimbursement
If a public entity other than the designated State unit fails to provide or pay for the services described in clause (i) for an eligible individual, the designated State unit shall provide or pay for such services to the individual. Such designated State unit may claim reimbursement for the services from the public entity that failed to provide or pay for such services. Such public entity shall reimburse the designated State unit pursuant to the terms of the interagency agreement or other mechanism described in this paragraph according to the procedures established in such agreement or mechanism pursuant to subparagraph (B)(ii).
(D) Methods
The Governor of a State may meet the requirements of subparagraph (B) through—
(i) a State statute or regulation;
(ii) a signed agreement between the respective officials of the public entities that clearly identifies the responsibilities of each public entity relating to the provision of services; or
(iii) another appropriate method, as determined by the designated State unit.
(9) Individualized plan for employment
(A) Development and implementation
The State plan shall include an assurance that an individualized plan for employment meeting the requirements of
(B) Provision of services
The State plan shall include an assurance that such services will be provided in accordance with the provisions of the individualized plan for employment.
(10) Reporting requirements
(A) In general
The State plan shall include an assurance that the designated State agency will submit reports in the form and level of detail and at the time required by the Commissioner regarding applicants for, and eligible individuals receiving, services under this subchapter.
(B) Annual reporting
In specifying the information to be submitted in the reports, the Commissioner shall require annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in
(C) Additional data
In specifying the information required to be submitted in the reports, the Commissioner shall require additional data, from each State, with regard to applicants and eligible individuals related to—
(i) the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this subchapter, including the number of individuals determined to be ineligible (disaggregated by type of disability and age);
(ii) the number of individuals who received vocational rehabilitation services through the program, including—
(I) the number who received services under paragraph (5)(E), but not assistance under an individualized plan for employment;
(II) of those recipients who are individuals with significant disabilities, the number who received assistance under an individualized plan for employment consistent with
(III) of those recipients who are not individuals with significant disabilities, the number who received assistance under an individualized plan for employment consistent with
(IV) the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment);
(V) the number of students with disabilities who are receiving pre-employment transition services under this subchapter: 1 and
(VI) the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act [
(iii) of those applicants and eligible recipients who are individuals with significant disabilities—
(I) the number who ended their participation in the program carried out under this subchapter and the number who achieved employment outcomes after receiving vocational rehabilitation services; and
(II) the number who ended their participation in the program and who were employed 6 months and 12 months after securing or regaining employment, or, in the case of individuals whose employment outcome was to retain or advance in employment, who were employed 6 months and 12 months after achieving their employment outcome, including—
(aa) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (
(bb) the number who received employment benefits from an employer during such employment; and
(iv) of those applicants and eligible recipients who are not individuals with significant disabilities—
(I) the number who ended their participation in the program carried out under this subchapter and the number who achieved employment outcomes after receiving vocational rehabilitation services and, for those who achieved employment outcomes, the average length of time to obtain employment; and
(II) the number who ended their participation in the program and who were employed 6 months and 12 months after securing or regaining employment, or, in the case of individuals whose employment outcome was to retain or advance in employment, who were employed 6 months and 12 months after achieving their employment outcome, including—
(aa) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (
(bb) the number who received employment benefits from an employer during such employment.
(D) Costs and results
The Commissioner shall also require that the designated State agency include in the reports information on—
(i) the costs under this subchapter of conducting administration, providing assessment services, counseling and guidance, and other direct services provided by designated State agency staff, providing services purchased under individualized plans for employment, supporting small business enterprises, establishing, developing, and improving community rehabilitation programs, providing other services to groups, and facilitating use of other programs under this chapter and title I of the Workforce Innovation and Opportunity Act [
(ii) the results of annual evaluation by the State of program effectiveness under paragraph (15)(E).
(E) Additional information
The Commissioner shall require that each designated State unit include in the reports additional information related to the applicants and eligible individuals, obtained either through a complete count or sampling, including—
(i) information on—
(I) age, gender, race, ethnicity, education, category of impairment, severity of disability, and whether the individuals are students with disabilities;
(II) dates of application, determination of eligibility or ineligibility, initiation of the individualized plan for employment, and termination of participation in the program;
(III) earnings at the time of application for the program and termination of participation in the program;
(IV) work status and occupation;
(V) types of services, including assistive technology services and assistive technology devices, provided under the program;
(VI) types of public or private programs or agencies that furnished services under the program; and
(VII) the reasons for individuals terminating participation in the program without achieving an employment outcome; and
(ii) information necessary to determine the success of the State in meeting the standards and indicators established pursuant to
(F) Completeness and confidentiality
The State plan shall include an assurance that the information submitted in the reports will include a complete count, except as provided in subparagraph (E), of the applicants and eligible individuals, in a manner permitting the greatest possible cross-classification of data and that the identity of each individual for which information is supplied under this paragraph will be kept confidential.
(G) Rules for reporting of data
The disaggregation of data under this chapter shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual.
(H) Comprehensive report
The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end of the fiscal year involved.
(11) Cooperation, collaboration, and coordination
(A) Cooperative agreements with other components of statewide workforce development systems
The State plan shall provide that the designated State unit or designated State agency shall enter into a cooperative agreement with other entities that are components of the statewide workforce development system of the State, regarding the system, which agreement may provide for—
(i) provision of intercomponent staff training and technical assistance with regard to—
(I) the availability and benefits of, and information on eligibility standards for, vocational rehabilitation services; and
(II) the promotion of equal, effective, and meaningful participation by individuals with disabilities in workforce development activities in the State through the promotion of program accessibility (including programmatic accessibility and physical accessibility), the use of nondiscriminatory policies and procedures, and the provision of reasonable accommodations, auxiliary aids and services, and rehabilitation technology, for individuals with disabilities;
(ii) use of information and financial management systems that link all components of the statewide workforce development system, that link the components to other electronic networks, including nonvisual electronic networks, and that relate to such subjects as employment statistics, and information on job vacancies, career planning, and workforce investment activities;
(iii) use of customer service features such as common intake and referral procedures, customer databases, resource information, and human services hotlines;
(iv) establishment of cooperative efforts with employers to—
(I) facilitate job placement; and
(II) carry out any other activities that the designated State unit and the employers determine to be appropriate;
(v) identification of staff roles, responsibilities, and available resources, and specification of the financial responsibility of each component of the statewide workforce development system with regard to paying for necessary services (consistent with State law and Federal requirements); and
(vi) specification of procedures for resolving disputes among such components.
(B) Replication of cooperative agreements
The State plan shall provide for the replication of such cooperative agreements at the local level between individual offices of the designated State unit and local entities carrying out activities through the statewide workforce development system.
(C) Interagency cooperation with other agencies
The State plan shall include descriptions of interagency cooperation with, and utilization of the services and facilities of, Federal, State, and local agencies and programs, including the State programs carried out under
(D) Coordination with education officials
The State plan shall contain plans, policies, and procedures for coordination between the designated State agency and education officials responsible for the public education of students with disabilities, that are designed to facilitate the transition of the students with disabilities from the receipt of educational services in school to the receipt of vocational rehabilitation services, including pre-employment transition services, under this subchapter, including information on a formal interagency agreement with the State educational agency that, at a minimum, provides for—
(i) consultation and technical assistance, which may be provided using alternative means for meeting participation (such as video conferences and conference calls), to assist educational agencies in planning for the transition of students with disabilities from school to post-school activities, including vocational rehabilitation services;
(ii) transition planning by personnel of the designated State agency and educational agency personnel for students with disabilities that facilitates the development and implementation of their individualized education programs under section 614(d) of the Individuals with Disabilities Education Act [
(iii) the roles and responsibilities, including financial responsibilities, of each agency, including provisions for determining State lead agencies and qualified personnel responsible for transition services; and
(iv) procedures for outreach to and identification of students with disabilities who need the transition services.
(E) Coordination with employers
The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of—
(i) vocational rehabilitation services; and
(ii) transition services for youth with disabilities and students with disabilities, such as pre-employment transition services.
(F) Coordination with Statewide Independent Living Councils and independent living centers
The State plan shall include an assurance that the designated State unit, the Statewide Independent Living Council established under
(G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs
The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (
(H) Cooperative agreement with recipients of grants for services to American Indians
In applicable cases, the State plan shall include an assurance that the State has entered into a formal cooperative agreement with each grant recipient in the State that receives funds under part C. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to American Indians who are individuals with disabilities, including—
(i) strategies for interagency referral and information sharing that will assist in eligibility determinations and the development of individualized plans for employment;
(ii) procedures for ensuring that American Indians who are individuals with disabilities and are living on or near a reservation or tribal service area are provided vocational rehabilitation services;
(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and approval of the individualized plans for employment under
(iv) provisions for sharing resources in cooperative studies and assessments, joint training activities, and other collaborative activities designed to improve the provision of services to American Indians who are individuals with disabilities.
(I) Coordination with assistive technology programs
The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under
(J) Coordination with ticket to work and self-sufficiency program
The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
(K) Interagency cooperation
The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (
(12) Residency
The State plan shall include an assurance that the State will not impose a residence requirement that excludes from services provided under the plan any individual who is present in the State.
(13) Services to American Indians
The State plan shall include an assurance that, except as otherwise provided in part C, the designated State agency will provide vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent as the designated State agency provides such services to other significant populations of individuals with disabilities residing in the State.
(14) Semiannual review of individuals in extended employment or other employment under special certificate provisions of the Fair Labor Standards Act of 1938
The State plan shall provide for—
(A) a semiannual review and reevaluation of the status of each individual with a disability served under this subchapter who is employed either in an extended employment setting in a community rehabilitation program or any other employment under section 14(c) of the Fair Labor Standards Act (
(B) input into the review and reevaluation, and a signed acknowledgment that such review and reevaluation have been conducted, by the individual with a disability, or, if appropriate, the individual's representative;
(C) maximum efforts, including the identification and provision of vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist individuals described in subparagraph (A) in attaining competitive integrated employment; and
(D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year.
(15) Annual State goals and reports of progress
(A) Assessments and estimates
The State plan shall—
(i) include the results of a comprehensive, statewide assessment, jointly conducted by the designated State unit and the State Rehabilitation Council (if the State has such a Council) every 3 years, describing the rehabilitation needs of individuals with disabilities residing within the State, particularly the vocational rehabilitation services needs of—
(I) individuals with the most significant disabilities, including their need for supported employment services;
(II) individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation program carried out under this subchapter;
(III) individuals with disabilities served through other components of the statewide workforce development system (other than the vocational rehabilitation program), as identified by such individuals and personnel assisting such individuals through the components; and
(IV) youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services;
(ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this chapter are coordinated with transition services provided under the Individuals with Disabilities Education Act (
(iii) include an assessment of the need to establish, develop, or improve community rehabilitation programs within the State; and
(iv) provide that the State shall submit to the Commissioner a report containing information regarding updates to the assessments, for any year in which the State updates the assessments.
(B) Annual estimates
The State plan shall include, and shall provide that the State shall annually submit a report to the Commissioner that includes, State estimates of—
(i) the number of individuals in the State who are eligible for services under this subchapter;
(ii) the number of such individuals who will receive services provided with funds provided under part B and under subchapter VI, including, if the designated State agency uses an order of selection in accordance with paragraph (5), estimates of the number of individuals to be served under each priority category within the order;
(iii) the number of individuals who are eligible for services under this subchapter, but are not receiving such services due to an order of selection; and
(iv) the costs of the services described in clause (i), including, if the designated State agency uses an order of selection in accordance with paragraph (5), the service costs for each priority category within the order.
(C) Goals and priorities
(i) In general
The State plan shall identify the goals and priorities of the State in carrying out the program. The goals and priorities shall be jointly developed, agreed to, and reviewed annually by the designated State unit and the State Rehabilitation Council, if the State has such a Council. Any revisions to the goals and priorities shall be jointly agreed to by the designated State unit and the State Rehabilitation Council, if the State has such a Council. The State plan shall provide that the State shall submit to the Commissioner a report containing information regarding revisions in the goals and priorities, for any year in which the State revises the goals and priorities.
(ii) Basis
The State goals and priorities shall be based on an analysis of—
(I) the comprehensive assessment described in subparagraph (A), including any updates to the assessment;
(II) the performance of the State on the standards and indicators established under
(III) other available information on the operation and the effectiveness of the vocational rehabilitation program carried out in the State, including any reports received from the State Rehabilitation Council, under
(iii) Service and outcome goals for categories in order of selection
If the designated State agency uses an order of selection in accordance with paragraph (5), the State shall also identify in the State plan service and outcome goals and the time within which these goals may be achieved for individuals in each priority category within the order.
(D) Strategies
The State plan shall contain a description of the strategies the State will use to address the needs identified in the assessment conducted under subparagraph (A) and achieve the goals and priorities identified in subparagraph (C), including—
(i) the methods to be used to expand and improve services to individuals with disabilities, including how a broad range of assistive technology services and assistive technology devices will be provided to such individuals at each stage of the rehabilitation process and how such services and devices will be provided to such individuals on a statewide basis;
(ii) outreach procedures to identify and serve individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation program;
(iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this subchapter, postsecondary education, employment, and pre-employment transition services);
(iv) where necessary, the plan of the State for establishing, developing, or improving community rehabilitation programs;
(v) strategies to improve the performance of the State with respect to the evaluation standards and performance indicators established pursuant to
(vi) strategies for assisting entities carrying out other components of the statewide workforce development system (other than the vocational rehabilitation program) in assisting individuals with disabilities.
(E) Evaluation and reports of progress
The State plan shall—
(i) include the results of an evaluation of the effectiveness of the vocational rehabilitation program, and a joint report by the designated State unit and the State Rehabilitation Council, if the State has such a Council, to the Commissioner on the progress made in improving the effectiveness from the previous year, which evaluation and report shall include—
(I) an evaluation of the extent to which the goals identified in subparagraph (C) were achieved;
(II) a description of strategies that contributed to achieving the goals;
(III) to the extent to which the goals were not achieved, a description of the factors that impeded that achievement; and
(IV) an assessment of the performance of the State on the standards and indicators established pursuant to
(ii) provide that the designated State unit and the State Rehabilitation Council, if the State has such a Council, shall jointly submit to the Commissioner an annual report that contains the information described in clause (i).
(16) Public comment
The State plan shall—
(A) provide that the designated State agency, prior to the adoption of any policies or procedures governing the provision of vocational rehabilitation services under the State plan (including making any amendment to such policies and procedures), shall conduct public meetings throughout the State, after providing adequate notice of the meetings, to provide the public, including individuals with disabilities, an opportunity to comment on the policies or procedures, and actively consult with the Director of the client assistance program carried out under
(B) provide that the designated State agency (or each designated State agency if two agencies are designated) and any sole agency administering the plan in a political subdivision of the State, shall take into account, in connection with matters of general policy arising in the administration of the plan, the views of—
(i) individuals and groups of individuals who are recipients of vocational rehabilitation services, or in appropriate cases, the individuals' representatives;
(ii) personnel working in programs that provide vocational rehabilitation services to individuals with disabilities;
(iii) providers of vocational rehabilitation services to individuals with disabilities;
(iv) the director of the client assistance program; and
(v) the State Rehabilitation Council, if the State has such a Council.
(17) Use of funds for construction of facilities
The State plan shall provide that if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs—
(A) the Federal share of the cost of construction for the facilities for a fiscal year will not exceed an amount equal to 10 percent of the State's allotment under
(B) the provisions of section 776 2 of this title (as in effect on the day before August 7, 1998) shall be applicable to such construction and such provisions shall be deemed to apply to such construction; and
(C) there shall be compliance with regulations the Commissioner shall prescribe designed to assure that no State will reduce its efforts in providing other vocational rehabilitation services (other than for the establishment of facilities for community rehabilitation programs) because the plan includes such provisions for construction.
(18) Innovation and expansion activities
The State plan shall—
(A) include an assurance that the State will reserve and use a portion of the funds allotted to the State under
(i) for the development and implementation of innovative approaches to expand and improve the provision of vocational rehabilitation services to individuals with disabilities under this subchapter, particularly individuals with the most significant disabilities, consistent with the findings of the statewide assessment and goals and priorities of the State as described in paragraph (15); and
(ii) to support the funding of—
(I) the State Rehabilitation Council, if the State has such a Council, consistent with the plan prepared under
(II) the Statewide Independent Living Council, consistent with the plan prepared under
(B) include a description of how the reserved funds will be utilized; and
(C) provide that the State shall submit to the Commissioner an annual report containing a description of how the reserved funds were utilized during the preceding year.
(19) Choice
The State plan shall include an assurance that applicants and eligible individuals or, as appropriate, the applicants' representatives or individuals' representatives, will be provided information and support services to assist the applicants and individuals in exercising informed choice throughout the rehabilitation process, consistent with the provisions of
(20) Information and referral services
(A) In general
The State plan shall include an assurance that the designated State agency will implement an information and referral system adequate to ensure that individuals with disabilities will be provided accurate vocational rehabilitation information and guidance, using appropriate modes of communication, to assist such individuals in preparing for, securing, retaining, or regaining employment, and will be appropriately referred to Federal and State programs (other than the vocational rehabilitation program carried out under this subchapter), including other components of the statewide workforce development system in the State.
(B) Referrals
An appropriate referral made through the system shall—
(i) be to the Federal or State programs, including programs carried out by other components of the statewide workforce development system in the State, best suited to address the specific employment needs of an individual with a disability; and
(ii) include, for each of these programs, provision to the individual of—
(I) a notice of the referral by the designated State agency to the agency carrying out the program;
(II) information identifying a specific point of contact within the agency carrying out the program; and
(III) information and advice regarding the most suitable services to assist the individual to prepare for, secure, retain, or regain employment.
(21) State independent consumer-controlled commission; State Rehabilitation Council
(A) Commission or Council
The State plan shall provide that either—
(i) the designated State agency is an independent commission that—
(I) is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State;
(II) is consumer-controlled by persons who—
(aa) are individuals with physical or mental impairments that substantially limit major life activities; and
(bb) represent individuals with a broad range of disabilities, unless the designated State unit under the direction of the commission is the State agency for individuals who are blind;
(III) includes family members, advocates, or other representatives, of individuals with mental impairments; and
(IV) undertakes the functions set forth in
(ii) the State has established a State Rehabilitation Council that meets the criteria set forth in
(I) in accordance with paragraph (15), jointly develops, agrees to, and reviews annually State goals and priorities, and jointly submits annual reports of progress with the Council;
(II) regularly consults with the Council regarding the development, implementation, and revision of State policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services;
(III) includes in the State plan and in any revision to the State plan, a summary of input provided by the Council, including recommendations from the annual report of the Council described in
(IV) transmits to the Council—
(aa) all plans, reports, and other information required under this subchapter to be submitted to the Secretary;
(bb) all policies, and information on all practices and procedures, of general applicability provided to or used by rehabilitation personnel in carrying out this subchapter; and
(cc) copies of due process hearing decisions issued under this subchapter, which shall be transmitted in such a manner as to ensure that the identity of the participants in the hearings is kept confidential.
(B) More than one designated State agency
In the case of a State that, under subsection (a)(2), designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administration of such part by a local agency) and designates a separate State agency to administer the rest of the State plan, the State shall either establish a State Rehabilitation Council for each of the two agencies that does not meet the requirements in subparagraph (A)(i), or establish one State Rehabilitation Council for both agencies if neither agency meets the requirements of subparagraph (A)(i).
(22) Supported employment State plan supplement
The State plan shall include an assurance that the State has an acceptable plan for carrying out subchapter VI, including the use of funds under that part to supplement funds made available under part B of this subchapter to pay for the cost of services leading to supported employment.
(23) Annual updates
The plan shall include an assurance that the State will submit to the Commissioner reports containing annual updates of the information required under paragraph (7) (relating to a comprehensive system of personnel development) and any other updates of the information required under this section that are requested by the Commissioner, and annual reports as provided in paragraphs (15) (relating to assessments, estimates, goals and priorities, and reports of progress) and (18) (relating to innovation and expansion), at such time and in such manner as the Secretary may determine to be appropriate.
(24) Certain contracts and cooperative agreements
(A) Contracts with for-profit organizations
The State plan shall provide that the designated State agency has the authority to enter into contracts with for-profit organizations for the purpose of providing, as vocational rehabilitation services, on-the-job training and related programs for individuals with disabilities under part A of subchapter VI, upon a determination by such agency that such for-profit organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations.
(B) Cooperative agreements with private nonprofit organizations
The State plan shall describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established.
(25) Services for students with disabilities
The State plan shall provide an assurance that, with respect to students with disabilities, the State—
(A) has developed and will implement—
(i) strategies to address the needs identified in the assessments described in paragraph (15); and
(ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and
(B) has developed and will implement strategies to provide pre-employment transition services.
(26) Job growth and development
The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act [
(b) Submission; approval; modification
The State plan for vocational rehabilitation services shall be subject to—
(1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act [
(2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act [
(c) Construction
Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act (
(
Editorial Notes
References in Text
For the effective date of the Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), see section 506 of
The Architectural Barriers Act of 1968, referred to in subsec. (a)(6)(C), is
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(6)(C), is
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(7)(A)(ii), (15)(A)(ii) and (c), is title VI of
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(7)(A)(v)(II), (10)(D)(i), is
The Social Security Act, referred to in subsec. (a)(11)(G), (K), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 721,
Amendments
2014—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B)(ii)(II).
Subsec. (a)(2)(B)(ii)(V).
Subsec. (a)(5)(D), (E).
Subsec. (a)(7)(A)(v)(I).
Subsec. (a)(7)(A)(v)(II).
Subsec. (a)(7)(B)(ii).
Subsec. (a)(8)(A)(i).
Subsec. (a)(8)(B).
Subsec. (a)(8)(B)(iv).
Subsec. (a)(8)(C)(i).
Subsec. (a)(10)(B).
Subsec. (a)(10)(C).
Subsec. (a)(10)(C)(i).
"(I) the number of individuals determined to be ineligible because they did not require vocational rehabilitation services, as provided in
"(II) the number of individuals determined, on the basis of clear and convincing evidence, to be too severely disabled to benefit in terms of an employment outcome from vocational rehabilitation services;".
Subsec. (a)(10)(C)(ii)(I).
Subsec. (a)(10)(C)(ii)(IV) to (VI).
Subsec. (a)(10)(C)(iv)(I).
Subsec. (a)(10)(D)(i).
Subsec. (a)(10)(E)(ii).
"(I) the State performance measures established under section 136(b) of the Workforce Investment Act of 1998, to the extent the measures are applicable to individuals with disabilities; and
"(II) the standards and indicators established pursuant to
Subsec. (a)(10)(G), (H).
Subsec. (a)(11)(A).
Subsec. (a)(11)(A)(i)(II).
Subsec. (a)(11)(A)(ii).
Subsec. (a)(11)(A)(v).
Subsec. (a)(11)(B).
Subsec. (a)(11)(C).
Subsec. (a)(11)(D).
Subsec. (a)(11)(E).
Subsec. (a)(11)(F).
Subsec. (a)(11)(G).
Subsec. (a)(11)(H).
Subsec. (a)(11)(H)(ii) to (iv).
Subsec. (a)(11)(I) to (K).
Subsec. (a)(14).
Subsec. (a)(14)(A).
Subsec. (a)(14)(C), (D).
Subsec. (a)(15)(A)(i)(III).
Subsec. (a)(15)(A)(i)(IV).
Subsec. (a)(15)(A)(ii) to (iv).
Subsec. (a)(15)(B)(ii).
Subsec. (a)(15)(B)(iii), (iv).
Subsec. (a)(15)(D)(iii) to (vi).
Subsec. (a)(20)(A), (B)(i).
Subsec. (a)(22).
Subsec. (a)(25), (26).
Subsec. (b).
Subsec. (c).
2004—Subsec. (a)(11)(D)(ii).
1998—Subsec. (a)(18)(C).
Subsec. (a)(21)(A)(i)(II)(bb).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
1 So in original. The colon probably should be a semicolon.
2 See References in Text note below.
§722. Eligibility and individualized plan for employment
(a) Eligibility
(1) Criterion for eligibility
An individual is eligible for assistance under this subchapter if the individual—
(A) has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an individual with a disability under
(B) requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this chapter, an individual shall be presumed to have a goal of an employment outcome.
(2) Presumption of benefit
(A) Applicants
For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from vocational rehabilitation services under
(B) Responsibilities
Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, the designated State unit shall explore the individual's abilities, capabilities, and capacity to perform in work situations, through the use of trial work experiences, as described in
(3) Presumption of eligibility
(A) In general
For purposes of this section, an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (
(i) considered to be an individual with a significant disability under
(ii) presumed to be eligible for vocational rehabilitation services under this subchapter (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual) unless the designated State unit involved can demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome due to the severity of the individual's disability (as of the date of the determination).
(B) Construction
Nothing in this paragraph shall be construed to create an entitlement to any vocational rehabilitation service.
(4) Use of existing information
(A) In general
To the maximum extent appropriate and consistent with the requirements of this part, for purposes of determining the eligibility of an individual for vocational rehabilitation services under this subchapter and developing the individualized plan for employment described in subsection (b) for the individual, the designated State unit shall use information that is existing and current (as of the date of the determination of eligibility or of the development of the individualized plan for employment), including information available from other programs and providers, particularly information used by education officials and the Social Security Administration, information provided by the individual and the family of the individual, and information obtained under the assessment for determining eligibility and vocational rehabilitation needs.
(B) Determinations by officials of other agencies
Determinations made by officials of other agencies, particularly education officials described in
(C) Basis
The determination of eligibility for vocational rehabilitation services shall be based on—
(i) the review of existing data described in
(ii) to the extent that such data is unavailable or insufficient for determining eligibility, the provision of assessment activities described in
(5) Determination of ineligibility
If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in
(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities;
(B) the ineligibility determination involved shall be made only after providing an opportunity for full consultation with the individual or, as appropriate, the individual's representative;
(C) the individual or, as appropriate, the individual's representative, shall be informed in writing (supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual) of the ineligibility determination, including—
(i) the reasons for the determination, including the clear and convincing evidence that forms the basis for the determination of ineligibility; and
(ii) a description of the means by which the individual may express, and seek a remedy for, any dissatisfaction with the determination, including the procedures for review by an impartial hearing officer under subsection (c);
(D) the individual shall be provided with a description of services available from the client assistance program under
(E) any ineligibility determination that is based on a finding that the individual is incapable of benefiting in terms of an employment outcome shall be reviewed—
(i) within 12 months; and
(ii) thereafter, if such a review is requested by the individual or, if appropriate, by the individual's representative.
(6) Timeframe for making an eligibility determination
The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this subchapter within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application for the services unless—
(A) exceptional and unforeseen circumstances beyond the control of the designated State unit preclude making an eligibility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or
(B) the designated State unit is exploring an individual's abilities, capabilities, and capacity to perform in work situations under paragraph (2)(B).
(b) Development of an individualized plan for employment
(1) Options for developing an individualized plan for employment
If an individual is determined to be eligible for vocational rehabilitation services as described in subsection (a), the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs, as appropriate, and shall provide the eligible individual or the individual's representative, in writing and in an appropriate mode of communication, with information on the individual's options for developing an individualized plan for employment, including—
(A) information on the availability of assistance from a qualified vocational rehabilitation counselor or, as appropriate, a disability advocacy organization in developing all or part of the individualized plan for employment for the individual, and the availability of technical assistance in developing all or part of the individualized plan for employment for the individual;
(B) a description of the full range of components that shall be included in an individualized plan for employment;
(C) as appropriate—
(i) an explanation of agency guidelines and criteria associated with financial commitments concerning an individualized plan for employment;
(ii) additional information the eligible individual requests or the designated State unit determines to be necessary; and
(iii) information on the availability of assistance in completing designated State agency forms required in developing an individualized plan for employment; and
(D)(i) a description of the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in subsection (c); and
(ii) a description of the availability of a client assistance program established pursuant to
(2) Individuals desiring to enter the workforce
For an individual entitled to benefits under title II or XVI of the Social Security Act (
(3) Mandatory procedures
(A) Written document
An individualized plan for employment shall be a written document prepared on forms provided by the designated State unit.
(B) Informed choice
An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services, consistent with subsection (d).
(C) Signatories
An individualized plan for employment shall be—
(i) agreed to, and signed by, such eligible individual or, as appropriate, the individual's representative; and
(ii) approved and signed by a qualified vocational rehabilitation counselor employed by the designated State unit.
(D) Copy
A copy of the individualized plan for employment for an eligible individual shall be provided to the individual or, as appropriate, to the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, of the individual's representative.
(E) Review and amendment
The individualized plan for employment shall be—
(i) reviewed at least annually by—
(I) a qualified vocational rehabilitation counselor; and
(II) the eligible individual or, as appropriate, the individual's representative;
(ii) amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a representative of the designated State agency or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the service providers of the services (which amendments shall not take effect until agreed to and signed by the eligible individual or, as appropriate, the individual's representative, and by a qualified vocational rehabilitation counselor employed by the designated State unit); and
(iii) amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(F) Timeframe for completing the individualized plan for employment
The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed.
(4) Mandatory components of an individualized plan for employment
Regardless of the approach selected by an eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of—
(A) a description of the specific employment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome);
(B)(i) a description of the specific vocational rehabilitation services that are—
(I) needed to achieve the employment outcome, including, as appropriate—
(aa) the provision of assistive technology devices and assistive technology services (including referrals described in
(bb) personal assistance services (including training in the management of such services);
(II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student's employment outcome or projected postschool employment outcome; and
(III) provided in the most integrated setting that is appropriate for the service involved and is consistent with the informed choice of the eligible individual; and
(ii) timelines for the achievement of the employment outcome and for the initiation of the services;
(C) a description of the entity chosen by the eligible individual or, as appropriate, the individual's representative, that will provide the vocational rehabilitation services, and the methods used to procure such services;
(D) a description of criteria to evaluate progress toward achievement of the employment outcome;
(E) the terms and conditions of the individualized plan for employment, including, as appropriate, information describing—
(i) the responsibilities of the designated State unit;
(ii) the responsibilities of the eligible individual, including—
(I) the responsibilities the eligible individual will assume in relation to the employment outcome of the individual;
(II) if applicable, the participation of the eligible individual in paying for the costs of the plan; and
(III) the responsibility of the eligible individual with regard to applying for and securing comparable benefits as described in
(iii) the responsibilities of other entities as the result of arrangements made pursuant to comparable services or benefits requirements as described in
(F) for an eligible individual with the most significant disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying—
(i) the extended services needed by the eligible individual; and
(ii) the source of extended services or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that such source will become available;
(G) as determined to be necessary, a statement of projected need for post-employment services; and
(H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
(c) Procedures
(1) In general
Each State shall establish procedures for mediation of, and procedures for review through an impartial due process hearing of, determinations made by personnel of the designated State unit that affect the provision of vocational rehabilitation services to applicants or eligible individuals. The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures.
(2) Notification
(A) Rights and assistance
The procedures shall provide that an applicant or an eligible individual or, as appropriate, the applicant's representative or individual's representative shall be notified of—
(i) the right to obtain review of determinations described in paragraph (1) in an impartial due process hearing under paragraph (5);
(ii) the right to pursue mediation with respect to the determinations under paragraph (4);
(iii) the availability of assistance from the client assistance program under
(iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made.
(B) Timing
Such notification shall be provided in writing—
(i) at the time an individual applies for vocational rehabilitation services provided under this subchapter;
(ii) at the time the individualized plan for employment for the individual is developed; and
(iii) upon reduction, suspension, or cessation of vocational rehabilitation services for the individual.
(3) Evidence and representation
The procedures required under this subsection shall, at a minimum—
(A) provide an opportunity for an applicant or an eligible individual, or, as appropriate, the applicant's representative or individual's representative, to submit at the mediation session or hearing evidence and information to support the position of the applicant or eligible individual; and
(B) include provisions to allow an applicant or an eligible individual to be represented in the mediation session or hearing by a person selected by the applicant or eligible individual.
(4) Mediation
(A) Procedures
Each State shall ensure that procedures are established and implemented under this subsection to allow parties described in paragraph (1) to disputes involving any determination described in paragraph (1) to resolve such disputes through a mediation process that, at a minimum, shall be available whenever a hearing is requested under this subsection.
(B) Requirements
Such procedures shall ensure that the mediation process—
(i) is voluntary on the part of the parties;
(ii) is not used to deny or delay the right of an individual to a hearing under this subsection, or to deny any other right afforded under this subchapter; and
(iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(C) List of mediators
The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under this subchapter, from which the mediators described in subparagraph (B) shall be selected.
(D) Cost
The State shall bear the cost of the mediation process.
(E) Scheduling
Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(F) Agreement
An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
(G) Confidentiality
Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.
(H) Construction
Nothing in this subsection shall be construed to preclude the parties to such a dispute from informally resolving the dispute prior to proceedings under this paragraph or paragraph (5), if the informal process used is not used to deny or delay the right of the applicant or eligible individual to a hearing under this subsection or to deny any other right afforded under this subchapter.
(5) Hearings
(A) Officer
A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this chapter (including regulations implementing this chapter), and State regulations and policies that are consistent with the Federal requirements specified in this subchapter. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant's representative or individual's representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this subchapter.
(B) List
The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable about Federal laws (including regulations) relating to the provision of vocational rehabilitation services under this subchapter from which the officer described in subparagraph (A) shall be selected. For the purposes of maintaining such list, impartial hearing officers shall be identified jointly by—
(i) the designated State unit; and
(ii) members of the Council or commission, as appropriate, described in
(C) Selection
Such an impartial hearing officer shall be selected to hear a particular case relating to a determination—
(i) on a random basis; or
(ii) by agreement between—
(I) the Director of the designated State unit and the individual with a disability; or
(II) in appropriate cases, the Director and the individual's representative.
(D) Procedures for seeking review
A State may establish procedures to enable a party involved in a hearing under this paragraph to seek an impartial review of the decision of the hearing officer under subparagraph (A) by—
(i) the chief official of the designated State agency if the State has established both a designated State agency and a designated State unit under
(ii) an official from the office of the Governor.
(E) Review request
If the State establishes impartial review procedures under subparagraph (D), either party may request the review of the decision of the hearing officer within 20 days after the decision.
(F) Reviewing official
The reviewing official described in subparagraph (D) shall—
(i) in conducting the review, provide an opportunity for the submission of additional evidence and information relevant to a final decision concerning the matter under review;
(ii) not overturn or modify the decision of the hearing officer, or part of the decision, that supports the position of the applicant or eligible individual unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the impartial hearing officer is clearly erroneous on the basis of being contrary to the approved State plan, this chapter (including regulations implementing this chapter) or any State regulation or policy that is consistent with the Federal requirements specified in this subchapter;
(iii) make a final decision with respect to the matter in a timely manner and provide such decision in writing to the applicant or eligible individual, or, as appropriate, the applicant's representative or individual's representative, and to the designated State unit, including a full report of the findings and the grounds for such decision; and
(iv) not delegate the responsibility for making the final decision to any officer or employee of the designated State unit.
(G) Finality of hearing decision
A decision made after a hearing under subparagraph (A) shall be final, except that a party may request an impartial review if the State has established procedures for such review under subparagraph (D) and a party involved in a hearing may bring a civil action under subparagraph (J).
(H) Finality of review
A decision made under subparagraph (F) shall be final unless such a party brings a civil action under subparagraph (J).
(I) Implementation
If a party brings a civil action under subparagraph (J) to challenge a final decision of a hearing officer under subparagraph (A) or to challenge a final decision of a State reviewing official under subparagraph (F), the final decision involved shall be implemented pending review by the court.
(J) Civil action
(i) In general
Any party aggrieved by a final decision described in subparagraph (I), may bring a civil action for review of such decision. The action may be brought in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.
(ii) Procedure
In any action brought under this subparagraph, the court—
(I) shall receive the records relating to the hearing under subparagraph (A) and the records relating to the State review under subparagraphs (D) through (F), if applicable;
(II) shall hear additional evidence at the request of a party to the action; and
(III) basing the decision of the court on the preponderance of the evidence, shall grant such relief as the court determines to be appropriate.
(6) Hearing board
(A) In general
A fair hearing board, established by a State before January 1, 1985, and authorized under State law to review determinations or decisions under this chapter, is authorized to carry out the responsibilities of the impartial hearing officer under this subsection.
(B) Application
The provisions of paragraphs (1), (2), and (3) that relate to due process hearings do not apply, and paragraph (5) (other than subparagraph (J)) does not apply, to any State to which subparagraph (A) applies.
(7) Impact on provision of services
Unless the individual with a disability so requests, or, in an appropriate case, the individual's representative, so requests, pending a decision by a mediator, hearing officer, or reviewing officer under this subsection, the designated State unit shall not institute a suspension, reduction, or termination of services being provided for the individual, including evaluation and assessment services and plan development, unless such services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual, or the individual's representative.
(8) Information collection and report
(A) In general
The Director of the designated State unit shall collect information described in subparagraph (B) and prepare and submit to the Commissioner a report containing such information. The Commissioner shall prepare a summary of the information furnished under this paragraph and include the summary in the annual report submitted under
(B) Information
The information required to be collected under this subsection includes—
(i) a copy of the standards used by State reviewing officials for reviewing decisions made by impartial hearing officers under this subsection;
(ii) information on the number of hearings and reviews sought from the impartial hearing officers and the State reviewing officials, including the type of complaints and the issues involved;
(iii) information on the number of hearing decisions made under this subsection that were not reviewed by the State reviewing officials; and
(iv) information on the number of the hearing decisions that were reviewed by the State reviewing officials, and, based on such reviews, the number of hearing decisions that were—
(I) sustained in favor of an applicant or eligible individual;
(II) sustained in favor of the designated State unit;
(III) reversed in whole or in part in favor of the applicant or eligible individual; and
(IV) reversed in whole or in part in favor of the designated State unit.
(C) Confidentiality
The confidentiality of records of applicants and eligible individuals maintained by the designated State unit shall not preclude the access of the Commissioner to those records for the purposes described in subparagraph (A).
(d) Policies and procedures
Each designated State agency, in consultation with the State Rehabilitation Council, if the State has such a council, shall, consistent with
(1) to inform each such applicant and eligible individual (including students with disabilities who are making the transition from programs under the responsibility of an educational agency to programs under the responsibility of the designated State unit), through appropriate modes of communication, about the availability of, and opportunities to exercise, informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice, throughout the vocational rehabilitation process;
(2) to assist applicants and eligible individuals in exercising informed choice in decisions related to the provision of assessment services under this subchapter;
(3) to develop and implement flexible procurement policies and methods that facilitate the provision of services, and that afford eligible individuals meaningful choices among the methods used to procure services, under this subchapter;
(4) to provide or assist eligible individuals in acquiring information that enables those individuals to exercise informed choice under this subchapter in the selection of—
(A) the employment outcome;
(B) the specific vocational rehabilitation services needed to achieve the employment outcome;
(C) the entity that will provide the services;
(D) the employment setting and the settings in which the services will be provided; and
(E) the methods available for procuring the services; and
(5) to ensure that the availability and scope of informed choice provided under this section is consistent with the obligations of the designated State agency under this subchapter.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a)(3)(A) and (b)(2), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 722,
Amendments
2014—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3)(A)(ii).
Subsec. (a)(5).
Subsec. (a)(5)(C)(i).
Subsec. (b)(1)(A).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(E)(iii).
Subsec. (b)(3)(F).
Subsec. (b)(4).
Subsec. (b)(4)(A).
Subsec. (b)(4)(B)(i).
Subsec. (b)(4)(H).
Subsec. (c)(1).
Subsec. (c)(2)(A)(iv).
Subsec. (c)(5)(A).
Subsec. (c)(5)(B).
1998—Subsec. (c)(5)(F)(iv).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§723. Vocational rehabilitation services
(a) Vocational rehabilitation services for individuals
Vocational rehabilitation services provided under this subchapter are any services described in an individualized plan for employment necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including—
(1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;
(2) counseling and guidance, including information and support services to assist an individual in exercising informed choice consistent with the provisions of
(3) referral and other services to secure needed services from other agencies through agreements developed under
(4) job-related services, including job search and placement assistance, job retention services, followup services, and follow-along services;
(5) 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 subchapter 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;
(6) to the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits consistent with
(A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time;
(B) necessary hospitalization in connection with surgery or treatment;
(C) prosthetic and orthotic devices;
(D) eyeglasses and visual services as prescribed by qualified personnel who meet State licensure laws and who are selected by the individual;
(E) special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-stage renal disease; and
(F) diagnosis and treatment for mental and emotional disorders by qualified personnel who meet State licensure laws;
(7) maintenance for additional costs incurred while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an individualized plan for employment;
(8) transportation, including adequate training in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service described in this section and needed by the individual to achieve an employment outcome;
(9) on-the-job or other related personal assistance services provided while an individual is receiving other services described in this section;
(10) interpreter services provided by qualified personnel for individuals who are deaf or hard of hearing, and reader services for individuals who are determined to be blind, after an examination by qualified personnel who meet State licensure laws;
(11) rehabilitation teaching services, and orientation and mobility services, for individuals who are blind;
(12) occupational licenses, tools, equipment, and initial stocks and supplies;
(13) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the statewide workforce development system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome;
(14) rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;
(15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services;
(16) supported employment services;
(17) customized employment;
(18) encouraging qualified individuals who are eligible to receive services under this subchapter to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business;
(19) services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome; and
(20) specific post-employment services necessary to assist an individual with a disability to, retain, regain, or advance in employment.
(b) Vocational rehabilitation services for groups of individuals
Vocational rehabilitation services provided for the benefit of groups of individuals with disabilities may also include the following:
(1) In the case of any type of small business operated by individuals with significant disabilities the operation of which can be improved by management services and supervision provided by the designated State agency, the provision of such services and supervision, along or together with the acquisition by the designated State agency of vending facilities or other equipment and initial stocks and supplies.
(2) The establishment, development, or improvement of community rehabilitation programs, including, under special circumstances, the construction of a facility. Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment.
(3) The use of telecommunications systems (including telephone, television, satellite, radio, and other similar systems) that have the potential for substantially improving delivery methods of activities described in this section and developing appropriate programming to meet the particular needs of individuals with disabilities.
(4)(A) Special services to provide nonvisual access to information for individuals who are blind, including the use of telecommunications, Braille, sound recordings, or other appropriate media.
(B) Captioned television, films, or video cassettes for individuals who are deaf or hard of hearing.
(C) Tactile materials for individuals who are deaf-blind.
(D) Other special services that provide information through tactile, vibratory, auditory, and visual media.
(5) Technical assistance to businesses that are seeking to employ individuals with disabilities.
(6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment.
(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (
(8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (
(9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this subchapter, demonstrates—
(A) such eligibility;
(B) previous completion of a bachelor's degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and
(C) acceptance by a program at an institution of higher education in the United States that confers a master's degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree,
except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this subchapter and who are not served under this paragraph.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(7), is act Aug. 14, 1935, ch. 531,
The Assistive Technology Act of 1998, referred to in subsec. (b)(8), is
Prior Provisions
A prior section 723,
Amendments
2014—Subsec. (a)(13).
Subsec. (a)(15).
Subsec. (a)(17) to (20).
Subsec. (b)(2).
Subsec. (b)(5).
Subsec. (b)(6) to (9).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§724. Non-Federal share for establishment of program or construction
For the purpose of determining the amount of payments to States for carrying out part B (or to an Indian tribe under part C), the non-Federal share, subject to such limitations and conditions as may be prescribed in regulations by the Commissioner, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting the costs of establishment of a community rehabilitation program or construction, under special circumstances, of a facility for such a program, which would be regarded as State or local funds except for the condition, imposed by the contributor, limiting use of such funds to establishment of such a program or construction of such a facility.
(
Editorial Notes
Prior Provisions
A prior section 724,
§725. State Rehabilitation Council
(a) Establishment
(1) In general
Except as provided in
(2) Separate agency for individuals who are blind
A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under
(b) Composition and appointment
(1) Composition
(A) In general
Except in the case of a separate Council established under subsection (a)(2), the Council shall be composed of—
(i) at least one representative of the Statewide Independent Living Council established under
(ii) at least one representative of a parent training and information center established pursuant to section 671 of the Individuals with Disabilities Education Act [
(iii) at least one representative of the client assistance program established under
(iv) at least one qualified vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the designated State agency;
(v) at least one representative of community rehabilitation program service providers;
(vi) four representatives of business, industry, and labor;
(vii) representatives of disability advocacy groups representing a cross section of—
(I) individuals with physical, cognitive, sensory, and mental disabilities; and
(II) individuals' representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;
(viii) current or former applicants for, or recipients of, vocational rehabilitation services;
(ix) in a State in which one or more projects are funded under
(x) at least one representative of the State educational agency responsible for the public education of students with disabilities who are eligible to receive services under this subchapter and part B of the Individuals with Disabilities Education Act [
(xi) at least one representative of the State workforce development board.
(B) Separate Council
In the case of a separate Council established under subsection (a)(2), the Council shall be composed of—
(i) at least one representative described in subparagraph (A)(i);
(ii) at least one representative described in subparagraph (A)(ii);
(iii) at least one representative described in subparagraph (A)(iii);
(iv) at least one vocational rehabilitation counselor described in subparagraph (A)(iv), who shall serve as described in such subparagraph;
(v) at least one representative described in subparagraph (A)(v);
(vi) four representatives described in subparagraph (A)(vi);
(vii) at least one representative of a disability advocacy group representing individuals who are blind;
(viii) at least one individual's representative, of an individual who—
(I) is an individual who is blind and has multiple disabilities; and
(II) has difficulty in representing himself or herself or is unable due to disabilities to represent himself or herself;
(ix) applicants or recipients described in subparagraph (A)(viii);
(x) in a State described in subparagraph (A)(ix), at least one representative described in such subparagraph;
(xi) at least one representative described in subparagraph (A)(x); and
(xii) at least one representative described in subparagraph (A)(xi).
(C) Exception
In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on October 29, 1992, to have fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council—
(i) meets the requirements of subparagraph (B), other than the requirements of clauses (vi) and (ix) of such subparagraph; and
(ii) includes at least—
(I) one representative described in subparagraph (B)(vi); and
(II) one applicant or recipient described in subparagraph (B)(ix).
(2) Ex officio member
The Director of the designated State unit shall be an ex officio, nonvoting member of the Council.
(3) Appointment
Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
(4) Qualifications
(A) In general
A majority of Council members shall be persons who are—
(i) individuals with disabilities described in
(ii) not employed by the designated State unit.
(B) Separate Council
In the case of a separate Council established under subsection (a)(2), a majority of Council members shall be persons who are—
(i) blind; and
(ii) not employed by the designated State unit.
(5) Chairperson
(A) In general
Except as provided in subparagraph (B), the Council shall select a chairperson from among the membership of the Council.
(B) Designation by chief executive officer
In States in which the chief executive officer does not have veto power pursuant to State law, the appointing authority described in paragraph (3) shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for a term of not more than 3 years, except that—
(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
(B) Number of terms
No member of the Council, other than a representative described in clause (iii) or (ix) of paragraph (1)(A), or clause (iii) or (x) of paragraph (1)(B), may serve more than two consecutive full terms.
(7) Vacancies
(A) In general
Except as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(B) Delegation
The appointing authority described in paragraph (3) may delegate the authority to fill such a vacancy to the remaining members of the Council after making the original appointment.
(c) Functions of Council
The Council shall, after consulting with the State workforce development board—
(1) review, analyze, and advise the designated State unit regarding the performance of the responsibilities of the unit under this subchapter, particularly responsibilities relating to—
(A) eligibility (including order of selection);
(B) the extent, scope, and effectiveness of services provided; and
(C) functions performed by State agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under this subchapter;
(2) in partnership with the designated State unit—
(A) develop, agree to, and review State goals and priorities in accordance with
(B) evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner in accordance with
(3) advise the designated State agency and the designated State unit regarding activities authorized to be carried out under this subchapter, and assist in the preparation of the State plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by this subchapter;
(4) to the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with—
(A) the functions performed by the designated State agency;
(B) vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under this chapter; and
(C) employment outcomes achieved by eligible individuals receiving services under this subchapter, including the availability of health and other employment benefits in connection with such employment outcomes;
(5) prepare and submit an annual report to the Governor and the Commissioner on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;
(6) to avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within the State, including the Statewide Independent Living Council established under
(7) provide for coordination and the establishment of working relationships between the designated State agency and the Statewide Independent Living Council and centers for independent living within the State; and
(8) perform such other functions, consistent with the purpose of this subchapter, as the State Rehabilitation Council determines to be appropriate, that are comparable to the other functions performed by the Council.
(d) Resources
(1) Plan
The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and other personnel, as may be necessary and sufficient to carry out the functions of the Council under this section. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
(2) Resolution of disagreements
To the extent that there is a disagreement between the Council and the designated State unit in regard to the resources necessary to carry out the functions of the Council as set forth in this section, the disagreement shall be resolved by the Governor consistent with paragraph (1).
(3) Supervision and evaluation
Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions under this section.
(4) Personnel conflict of interest
While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State unit or any other agency or office of the State, that would create a conflict of interest.
(e) Conflict of interest
No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.
(f) Meetings
The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.
(g) Compensation and expenses
The Council may use funds allocated to the Council by the designated State unit under this subchapter (except for funds appropriated to carry out the client assistance program under
(h) Hearings and forums
The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(A)(x), is title VI of
The Assistive Technology Act of 1998, referred to in subsec. (c)(6), is
Prior Provisions
A prior section 725,
Amendments
2014—Subsec. (b)(1)(A)(ix).
Subsec. (b)(1)(A)(xi).
Subsec. (c).
Subsec. (c)(6).
2004—Subsec. (b)(1)(A)(ii).
Subsec. (c)(6).
2000—Subsec. (c)(6).
1998—Subsec. (b)(3).
Subsec. (b)(4)(A)(i).
Subsec. (b)(5)(B).
Subsec. (b)(6)(A)(ii), (7)(B).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§726. Evaluation standards and performance indicators
(a) In general
(1) Standards and indicators
The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in
(2) Additional performance accountability indicators
A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under
(b) Compliance
(1) State reports
In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.
(2) Program improvement
(A) Plan
If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.
(B) Review
The Commissioner shall—
(i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year.
(c) Withholding
If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of
(d) Report to Congress
Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under
(
Editorial Notes
Prior Provisions
A prior section 726,
Amendments
2014—Subsec. (a).
Subsec. (b)(2)(B)(i).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§727. Monitoring and review
(a) In general
(1) Duties
In carrying out the duties of the Commissioner under this subchapter, the Commissioner shall—
(A) provide for the annual review and periodic onsite monitoring of programs under this subchapter; and
(B) determine whether, in the administration of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and performance indicators established under
(2) Procedures for reviews
In conducting reviews under this section the Commissioner shall consider, at a minimum—
(A) State policies and procedures;
(B) guidance materials;
(C) decisions resulting from hearings conducted in accordance with due process;
(D) State goals established under
(E) plans and reports prepared under
(F) consumer satisfaction reviews and analyses described in
(G) information provided by the State Rehabilitation Council established under
(H) reports; and
(I) budget and financial management data.
(3) Procedures for monitoring
In conducting monitoring under this section the Commissioner shall conduct—
(A) onsite visits, including onsite reviews of records to verify that the State is following requirements regarding the order of selection set forth in
(B) public hearings and other strategies for collecting information from the public;
(C) meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in
(D) reviews of individual case files, including individualized plans for employment and ineligibility determinations; and
(E) meetings with qualified vocational rehabilitation counselors and other personnel, including personnel of a client assistance program under
(4) Areas of inquiry
In conducting the review and monitoring, the Commissioner shall examine—
(A) the eligibility process, including the process related to the determination of ineligibility under
(B) the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection;
(C) such other areas as may be identified by the public or through meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in
(D) data reported under
(E) such other areas of inquiry as the Commissioner may consider appropriate.
(5) Reports
If the Commissioner issues a report detailing the findings of an annual review or onsite monitoring conducted under this section, the report shall be made available to the State Rehabilitation Council, if the State has such a Council, for use in the development and modification of the State plan described in
(b) Technical assistance
The Commissioner shall—
(1) provide technical assistance to programs under this subchapter regarding improving the quality of vocational rehabilitation services provided;
(2) provide technical assistance and establish a corrective action plan for a program under this subchapter if the Commissioner finds that the program fails to comply substantially with the provisions of the State plan, or with evaluation standards or performance indicators established under
(3) provide technical assistance to programs under this subchapter to—
(A) promote high-quality employment outcomes for individuals with disabilities;
(B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment;
(C) develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and
(D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life.
(c) Failure to comply with plan
(1) Withholding payments
Whenever the Commissioner, after providing reasonable notice and an opportunity for a hearing to the State agency administering or supervising the administration of the State plan approved under
(A) the plan has been so changed that it no longer complies with the requirements of
(B) in the administration of the plan there is a failure to comply substantially with any provision of such plan or with an evaluation standard or performance indicator established under
the Commissioner shall notify such State agency that no further payments will be made to the State under this subchapter (or, in the discretion of the Commissioner, that such further payments will be reduced, in accordance with regulations the Commissioner shall prescribe, or that further payments will not be made to the State only for the projects under the parts of the State plan affected by such failure), until the Commissioner is satisfied there is no longer any such failure.
(2) Period
Until the Commissioner is so satisfied, the Commissioner shall make no further payments to such State under this subchapter (or shall reduce payments or limit payments to projects under those parts of the State plan in which there is no such failure).
(3) Disbursal of withheld funds
The Commissioner may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under paragraph (1) to any public or nonprofit private organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of
(d) Review
(1) Petition
Any State that is dissatisfied with a final determination of the Commissioner under
(2) Submissions and determinations
If, in an action under this subsection to review a final determination of the Commissioner under
(3) Standards of review
(A) In general
Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction—
(i) to grant appropriate relief as provided in
(ii) except as otherwise provided in subparagraph (B), to review such determination in accordance with
(B) Substantial evidence
(
Editorial Notes
Prior Provisions
A prior section 727,
Amendments
2014—Subsec. (a)(3)(E).
Subsec. (a)(4)(A), (B).
"(A) the eligibility process;
"(B) the provision of services, including, if applicable, the order of selection;".
Subsec. (a)(4)(D), (E).
Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§728. Expenditure of certain amounts
(a) Expenditure
Amounts described in subsection (b) may not be expended by a State for any purpose other than carrying out programs for which the State receives financial assistance under this subchapter, under subchapter VI, or under subchapter VII.
(b) Amounts
The amounts referred to in subsection (a) are amounts provided to a State under the Social Security Act (
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 728,
Amendments
2014—Subsec. (a).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§728a. Training and services for employers
A State may expend payments received under
(1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (
(2) working with employers to—
(A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services;
(B) recruit qualified applicants who are individuals with disabilities;
(C) train employees who are individuals with disabilities; and
(D) promote awareness of disability-related obstacles to continued employment;
(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this subchapter, or who are applicants for such services; and
(4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities.
(
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in par. (1), is
Prior Provisions
A prior section 728a,
Amendments
2014—
"(1) to carry out a program to train employers with respect to compliance with the requirements of title I of the Americans with Disabilities Act of 1990 (
"(2) to inform employers of the existence of the program and the availability of the services of the program."
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
Part B—Basic Vocational Rehabilitation Services
§730. State allotments
(a) Computation; additional amount; minimum amount; adjustments
(1) Subject to the provisions of subsections (c) and (d),,1 for each fiscal year beginning before October 1, 1978, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated under
(A) the population of the State; and
(B) the square of its allotment percentage,
bears to the sum of the corresponding products for all the States.
(2)(A) For each fiscal year beginning on or after October 1, 1978, each State shall be entitled to an allotment in an amount equal to the amount such State received under paragraph (1) for the fiscal year ending September 30, 1978, and an additional amount determined pursuant to subparagraph (B) of this paragraph.
(B) For each fiscal year beginning on or after October 1, 1978, each State shall be entitled to an allotment, from any amount authorized to be appropriated for such fiscal year under
(i) an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and the square of its allotment percentage bears to the sum of the corresponding products for all the States; and
(ii) an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and its allotment percentage bears to the sum of the corresponding products for all the States.
(3) The sum of the payment to any State (other than Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands) under this subsection for any fiscal year which is less than 1/3 of 1 percent of the amount appropriated under
(b) Unused funds; redistribution; increase in amount
(1) Not later than 45 days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this subchapter, that any payment of an allotment to a State under
(2) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall make such amount available for carrying out the purposes of this subchapter to one or more other States to the extent the Commissioner determines such other State will be able to use such additional amount during that fiscal year or the subsequent fiscal year for carrying out such purposes. The Commissioner shall make such amount available only if such other State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated.
(3) For the purposes of this part, any amount made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year.
(c) Funds for American Indian vocational rehabilitation services
(1) For fiscal year 2015 and for each subsequent fiscal year, the Commissioner shall reserve from the amount appropriated under
(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for each of fiscal years 2015 through 2020.
(d) Funds for pre-employment transition services
(1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services.
(2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 730,
Amendments
2014—Subsec. (a)(1).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1998—
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
2 See References in Text note below.
§731. Payments to States
(a) Amount
(1) Except as provided in paragraph (2), from each State's allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under
(2)(A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of
(B) The amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that previous fiscal year.
(C) The Commissioner may waive or modify any requirement or limitation under subparagraph (B) or
(3)(A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as defined in
(B) If the Federal share with respect to rehabilitation facilities in such State is determined pursuant to
(b) Method of computation and payment
The method of computing and paying amounts pursuant to subsection (a) shall be as follows:
(1) The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by the Commissioner, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation as the Commissioner may find necessary.
(2) The Commissioner shall pay, from the allotment available therefor, the amount so estimated by the Commissioner for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which the Commissioner finds that the estimate of the amount to be paid the State for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the Government Accountability Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Commissioner may determine.
(
Editorial Notes
Prior Provisions
A prior section 731,
Amendments
2014—Subsec. (a)(2)(B).
2004—Subsec. (b)(2).
1998—
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
§732. Client assistance program
(a) Establishment of grant program
From funds appropriated under subsection (h), the Secretary shall, in accordance with this section, make grants to States to establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all available benefits under this chapter, including under
(b) Existence of State program as requisite to receiving payments
No State may receive payments from its allotment under this chapter in any fiscal year unless the State has in effect a client assistance program which—
(1) has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of rights of individuals with disabilities who are receiving treatments, services, or rehabilitation under this chapter within the State; and
(2) meets the requirements of designation under subsection (c).
(c) Designation of agency to conduct program
(1)(A) The Governor shall designate a public or private agency to conduct the client assistance program under this section. Except as provided in the last sentence of this subparagraph, the Governor shall designate an agency which is independent of any agency which provides treatment, services, or rehabilitation to individuals under this chapter. If there is an agency in the State which has, or had, prior to February 22, 1984, served as a client assistance agency under this section and which received Federal financial assistance under this chapter, the Governor may, in the initial designation, designate an agency which provides treatment, services, or rehabilitation to individuals with disabilities under this chapter.
(B)(i) The Governor may not redesignate the agency designated under subparagraph (A) without good cause and unless—
(I) the Governor has given the agency 30 days notice of the intention to make such redesignation, including specification of the good cause for such redesignation and an opportunity to respond to the assertion that good cause has been shown;
(II) individuals with disabilities or the individuals' representatives have timely notice of the redesignation and opportunity for public comment; and
(III) the agency has the opportunity to appeal to the Commissioner on the basis that the redesignation was not for good cause.
(ii) If, after August 7, 1998—
(I) a designated State agency undergoes any change in the organizational structure of the agency that results in the creation of one or more new State agencies or departments or results in the merger of the designated State agency with one or more other State agencies or departments; and
(II) an agency (including an office or other unit) within the designated State agency was conducting a client assistance program before the change under the last sentence of subparagraph (A),
the Governor shall redesignate the agency conducting the program. In conducting the redesignation, the Governor shall designate to conduct the program an agency that is independent of any agency that provides treatment, services, or rehabilitation to individuals with disabilities under this chapter.
(2) In carrying out the provisions of this section, the Governor shall consult with the director of the State vocational rehabilitation agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving individuals with disabilities in the State.
(3) The agency designated under this subsection shall be accountable for the proper use of funds made available to the agency.
(d) Class action by designated agency prohibited
The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section.
(e) Allotment and reallotment of funds
(1)(A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no State shall receive less than $50,000.
(B) The Secretary shall allot $30,000 each to American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(C) For the purpose of this paragraph, the term "State" does not include American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(D)(i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the minimum allotment shall be $100,000 for States and $45,000 for territories.
(ii) For any fiscal year in which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase in the total amount appropriated under such subsection between the preceding fiscal year and the fiscal year involved.
(E)(i) The Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection.
(ii) In this subparagraph:
(I) The term "American Indian Consortium" has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (
(II) The term "protection and advocacy system" means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (
(F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under
(2) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary at appropriate times to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period, and the total of such reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any such amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment for such fiscal year.
(3) Except as specifically prohibited by or as otherwise provided in State law, the Secretary shall pay to the agency designated under subsection (c) the amount specified in the application approved under subsection (f).
(f) Application by State for grant funds
No grant may be made under this section unless the State submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems necessary to meet the requirements of this section.
(g) Regulations; minimum requirements
The Secretary shall prescribe regulations applicable to the client assistance program which shall include the following requirements:
(1) No employees of such programs shall, while so employed, serve as staff or consultants of any rehabilitation project, program, or facility receiving assistance under this chapter in the State.
(2) Each program shall be afforded reasonable access to policymaking and administrative personnel in the State and local rehabilitation programs, projects, or facilities.
(3)(A) Each program shall contain provisions designed to assure that to the maximum extent possible alternative means of dispute resolution are available for use at the discretion of an applicant or client of the program prior to resorting to litigation or formal adjudication to resolve a dispute arising under this section.
(B) In subparagraph (A), the term "alternative means of dispute resolution" means any procedure, including good faith negotiation, conciliation, facilitation, mediation, factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an administrative forum, to resolve a dispute arising under this section.
(4) For purposes of any periodic audit, report, or evaluation of the performance of a client assistance program under this section, the Secretary shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out the provisions of this section—
(1) $12,000,000 for fiscal year 2015;
(2) $12,927,000 for fiscal year 2016;
(3) $13,195,000 for fiscal year 2017;
(4) $13,488,000 for fiscal year 2018;
(5) $13,805,000 for fiscal year 2019; and
(6) $14,098,000 for fiscal year 2020.
(
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (a), is
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (e)(1)(E)(ii)(II), is
Prior Provisions
Prior sections 732 and 740 were omitted in the general amendment of this subchapter by
Section 732,
Section 740,
Another prior section 740,
Amendments
2014—Subsec. (a).
Subsec. (b).
Subsec. (e)(1)(A).
Subsec. (e)(1)(E), (F).
Subsec. (h).
1998—
§733. Provision of pre-employment transition services
(a) In general
From the funds reserved under
(b) Required activities
Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)—
(1) job exploration counseling;
(2) work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible;
(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;
(4) workplace readiness training to develop social skills and independent living; and
(5) instruction in self-advocacy, which may include peer mentoring.
(c) Authorized activities
Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by—
(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;
(2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;
(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
(4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;
(5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (
(6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;
(7) developing model transition demonstration projects;
(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and
(9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.
(d) Pre-employment transition coordination
Each local office of a designated State unit shall carry out responsibilities consisting of—
(1) attending individualized education program meetings for students with disabilities, when invited;
(2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;
(3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (
(4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (
(e) National pre-employment transition coordination
The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section.
(f) Support
In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (c)(5), is title VI of
The Social Security Act, referred to in subsec. (d)(4), is act Aug. 14, 1935, ch. 531,
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of
Part C—American Indian Vocational Rehabilitation Services
§741. Vocational rehabilitation services grants
(a) Governing bodies of Indian tribes; amount; non-Federal share
The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Federal and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for American Indians who are individuals with disabilities residing on or near such reservations (referred to in this section as "eligible individuals"), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the purposes of this chapter.
(b) Application; effective period; continuation of programs and services; separate service delivery systems
(1) No grant may be made under this part for any fiscal year unless an application therefor has been submitted to and approved by the Commissioner. The Commissioner may not approve an application unless the application—
(A) is made at such time, in such manner, and contains such information as the Commissioner may require;
(B) contains assurances that the rehabilitation services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this subchapter to other individuals with disabilities residing in the State and that, where appropriate, may include services traditionally used by Indian tribes;
(C) contains assurances that the application was developed in consultation with the designated State unit of the State; and
(D) contains assurances that—
(i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this subchapter, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and
(ii) such decisions will not be delegated to another agency or individual.
(2) The provisions of
(3) Any application approved under this part shall be effective for not more than 60 months, except as determined otherwise by the Commissioner pursuant to prescribed regulations. The State shall continue to provide vocational rehabilitation services under its State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under
(4) In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of programs which have been funded under this part.
(5) Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas.
(c) Funds reserved for training and technical assistance
(1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year.
(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.
(3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements.
(4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.
(d) "Reservation" defined
The term "reservation" includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [
(
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (d), is
Prior Provisions
Prior sections 741 to 744 and 750 were omitted in the general amendment of this subchapter by
Section 741,
Another prior section 741,
Section 742,
Section 743,
Section 744,
Section 750,
Amendments
2014—Subsec. (a).
Subsec. (b)(1)(D).
Subsecs. (c), (d).
1998—
Part D—Vocational Rehabilitation Services Client Information
§751. Data sharing
(a) In general
(1) Memorandum of understanding
The Secretary of Education and the Secretary of Health and Human Services shall enter into a memorandum of understanding for the purposes of exchanging data of mutual importance—
(A) that concern clients of designated State agencies; and
(B) that are data maintained either by—
(i) the Rehabilitation Services Administration, as required by
(ii) the Social Security Administration, from its Summary Earnings and Records and Master Beneficiary Records.
(2) Employment statistics
The Secretary of Labor shall provide the Commissioner with employment statistics specified in
(b) Treatment of information
For purposes of the exchange described in subsection (a)(1), the data described in subsection (a)(1)(B)(ii) shall not be considered return information (as defined in
(
Editorial Notes
References in Text
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(2), is
Prior Provisions
A prior section 751,
A prior section 752,
Prior sections 753 and 753a were omitted in the general amendment of this subchapter by
Section 753,
Section 753a,
Amendments
2014—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of