§ 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 sec-
tion 103, of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3112, 3113]. The
unified or combined State plan shall include,
in the portion of the plan described in sec-
tion 102(b)(2)(D) of such Act [29 U.S.C.
3112(b)(2)(D)] (referred to in this subsection
as the ‘‘vocational rehabilitation services
portion’’), the provisions of a State plan for
vocational rehabilitation services, described
in this subsection.
(B) Nonduplication
The State shall not be required to submit,
as part of the vocational rehabilitation serv-
ices portion of the unified or combined State
plan submitted in accordance with subpara-
graph (A), policies, procedures, or descrip-
tions required under this subchapter that
have been previously submitted to the Com-
missioner and that demonstrate that such
State meets the requirements of this sub-
chapter, including any policies, procedures,
or descriptions submitted under this sub-
chapter as in effect on the day before the ef-
fective date of the Workforce Innovation and
Opportunity Act.
(C) Duration
The vocational rehabilitation services por-
tion 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
File SHA-256: 4448a8c6fc8641e769c51414cb8ae842dc29636ec98048b101b297802bbb4e04. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_2184cf7553b268b690804446 Source file: Laws/federal/codes/united-states-code-2024/title-29/section-721-state-plans--e1c3fe6c4b.md Pages: Not recorded – Not recorded Passage SHA-256: c6d132a784db2b11d8c36f437c7d289c89ecc1fa2884b60c3b501e647bf75830 Retained source evidence SHA-256: 4448a8c6fc8641e769c51414cb8ae842dc29636ec98048b101b297802bbb4e04
Page 217
TITLE 29—LABOR
§ 721
AMENDMENTS
2014—Subsec. (a)(1)(C). Pub. L. 113–128, § 411(a)(1)(A),
substituted ‘‘competitive integrated employment’’ for
‘‘integrated’’.
Subsec. (a)(1)(D)(iii). Pub. L. 113–128, § 411(a)(1)(B),
substituted ‘‘Medicare and Medicaid’’ for ‘‘medicare
and medicaid’’.
Subsec. (a)(1)(F). Pub. L. 113–128, § 411(a)(1)(C), sub-
stituted ‘‘development’’ for ‘‘investment’’.
Subsec. (a)(1)(G). Pub. L. 113–128, § 411(a)(1)(D), sub-
stituted ‘‘workforce development systems’’ for ‘‘work-
force investment systems’’ and ‘‘workforce develop-
ment activities’’ for ‘‘workforce investment activi-
ties’’.
Subsec. (a)(2)(A). Pub. L. 113–128, § 411(a)(2)(A), sub-
stituted ‘‘workforce development system’’ for ‘‘work-
force investment system’’.
Subsec. (a)(2)(B). Pub. L. 113–128, § 411(a)(2)(B), sub-
stituted ‘‘informed choice, and economic self-suffi-
ciency,’’ for ‘‘and informed choice,’’.
Subsec. (a)(3)(B). Pub. L. 113–128, § 411(a)(3)(A), sub-
stituted ‘‘competitive integrated employment’’ for
‘‘gainful employment in integrated settings’’.
Subsec. (a)(3)(E). Pub. L. 113–128, § 411(a)(3)(B), in-
serted ‘‘should’’ before ‘‘facilitate the accomplish-
ment’’.
Subsec. (b)(1). Pub. L. 113–128, § 411(b), substituted
‘‘$3,302,053,000 for each of the fiscal years 2015 through
2020’’ for ‘‘such sums as may be necessary for fiscal
years 1999 through 2003’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.
§ 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 sec-
tion 103, of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3112, 3113]. The
unified or combined State plan shall include,
in the portion of the plan described in sec-
tion 102(b)(2)(D) of such Act [29 U.S.C.
3112(b)(2)(D)] (referred to in this subsection
as the ‘‘vocational rehabilitation services
portion’’), the provisions of a State plan for
vocational rehabilitation services, described
in this subsection.
(B) Nonduplication
The State shall not be required to submit,
as part of the vocational rehabilitation serv-
ices portion of the unified or combined State
plan submitted in accordance with subpara-
graph (A), policies, procedures, or descrip-
tions required under this subchapter that
have been previously submitted to the Com-
missioner and that demonstrate that such
State meets the requirements of this sub-
chapter, including any policies, procedures,
or descriptions submitted under this sub-
chapter as in effect on the day before the ef-
fective date of the Workforce Innovation and
Opportunity Act.
(C) Duration
The vocational rehabilitation services por-
tion 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 interpreta-
tion 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 rehabilita-
tion 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 an-
other agency that provides assistance or
services to adults who are blind is author-
ized 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 administra-
tion 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 admin-
istrative responsibility with another agen-
cy of the State or with a local agency in
order to permit the agencies to carry out
a joint program to provide services to indi-
viduals with disabilities, and may waive
compliance, with respect to vocational re-
habilitation 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 Gov-
ernor of American Samoa.
(B) Designated State unit
The State agency designated under sub-
paragraph (A) shall be—
(i) a State agency primarily concerned
with vocational rehabilitation, or voca-
tional and other rehabilitation, of individ-
uals 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 re-
habilitation bureau, division, or other or-
ganizational unit that—
(I) is primarily concerned with voca-
tional rehabilitation, or vocational and
Page 218
TITLE 29—LABOR
§ 721
other rehabilitation, of individuals with
disabilities, and is responsible for the vo-
cational rehabilitation program of the
designated State agency;
(II) has a full-time director who is re-
sponsible for the day-to-day operation of
the vocational rehabilitation program;
(III) has a staff employed on the reha-
bilitation 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 com-
parable to that of other major organiza-
tional units of the designated State
agency; and
(V) has the sole authority and respon-
sibility within the designated State
agency described in subparagraph (A) to
expend funds made available under this
subchapter in a manner that is con-
sistent with the purposes of this sub-
chapter.
(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 rehabili-
tation services are provided for individuals
who are blind to an organizational unit of
the designated State agency and assign re-
sponsibility for the rest of the plan to an-
other organizational unit of the designated
State agency, with the provisions of sub-
paragraph (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 pro-
vide 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 rehabili-
tation of substantially larger numbers of in-
dividuals with disabilities or groups of indi-
viduals with disabilities, the Commissioner
may waive compliance with the requirement
that the plan be in effect in all political sub-
divisions of the State to the extent and for
such period as may be provided in accord-
ance with regulations prescribed by the
Commissioner, but only if the non-Federal
share of the cost of the vocational rehabili-
tation services involved is met from funds
made available by a local agency (including
funds contributed to such agency by a pri-
vate 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 geo-
graphic areas within the State, the ear-
marked funds may be used in such areas if
the State notifies the Commissioner that
the State cannot provide the full non-Fed-
eral share without such funds.
(5) Order of selection for vocational rehabilita-
tion services
In the event that vocational rehabilitation
services cannot be provided to all eligible indi-
viduals with disabilities in the State who
apply for the services, the State plan shall—
(A) show the order to be followed in select-
ing eligible individuals to be provided voca-
tional rehabilitation services;
(B) provide the justification for the order
of selection;
(C) include an assurance that, in accord-
ance with criteria established by the State
for the order of selection, individuals with
the most significant disabilities will be se-
lected first for the provision of vocational
rehabilitation services;
(D) notwithstanding subparagraph (C), per-
mit the State, in its discretion, to elect to
serve eligible individuals (whether or not re-
ceiving 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 disabil-
ities
The State plan shall provide that the des-
ignated 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 employ-
ment qualified individuals with disabilities
covered under, and on the same terms and
conditions as set forth in, section 793 of this
title.
(C) Facilities
The State plan shall provide that facilities
used in connection with the delivery of serv-
ices assisted under the State plan shall com-
ply 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
handi-
capped’’, approved on August 12, 1968 (com-
monly known as the ‘‘Architectural Barriers
Act of 1968’’) [42 U.S.C. 4151 et seq.], with sec-
tion 794 of this title, and with the Americans
with Disabilities Act of 1990 [42 U.S.C. 12101
et seq.].
(7) Comprehensive system of personnel devel-
opment
The State plan shall—
Page 219
TITLE 29—LABOR
§ 721
(A) include a description (consistent with
the purposes of this chapter) of a com-
prehensive 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 projec-
tions 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 un-
dertaken under this section to coordinate
the system of personnel development with
personnel development activities under
the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.);
(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 edu-
cation 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 licen-
sure, or with credentials to qualify for
certification or licensure, as a rehabili-
tation professional during the past year;
(iv) a description of the development, up-
dating, and implementation of a plan
that—
(I) will address the current and pro-
jected vocational rehabilitation services
personnel training needs for the des-
ignated State unit; and
(II) provides for the coordination and
facilitation of efforts between the des-
ignated State unit, institutions of higher
education, and professional associations
to recruit, prepare, and retain qualified
personnel, including personnel from mi-
nority 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 em-
ployed by the designated State unit are ap-
propriately and adequately trained and
prepared, including—
(I) a system for the continuing edu-
cation of rehabilitation professionals
and paraprofessionals within the des-
ignated State unit, particularly with re-
spect to rehabilitation technology, in-
cluding training implemented in coordi-
nation with entities carrying out State
programs under section 3003 of this title;
and
(II) procedures for acquiring and dis-
seminating
to
rehabilitation
profes-
sionals and paraprofessionals within the
designated State unit significant knowl-
edge from research and other sources, in-
cluding procedures for providing training
regarding the amendments to this chap-
ter made by the Workforce Innovation
and Opportunity Act;
(B) set forth policies and procedures relat-
ing to the establishment and maintenance of
standards to ensure that personnel, includ-
ing rehabilitation professionals and para-
professionals, needed within the designated
State unit to carry out this part are appro-
priately
and
adequately
prepared
and
trained, including—
(i) the establishment and maintenance of
standards that are consistent with any na-
tional or State approved or recognized cer-
tification, 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 re-
lated to vocational rehabilitation, to in-
dicate a level of competency and skill
demonstrating basic preparation in a
field of study such as vocational reha-
bilitation counseling, social work, psy-
chology, disability studies, business ad-
ministration, human resources, special
education, supported employment, cus-
tomized employment, economics, or an-
other field that reasonably prepares indi-
viduals to work with consumers and em-
ployers; and
(bb) demonstrated paid or unpaid expe-
rience, for not less than 1 year, con-
sisting of—
(AA) direct work with individuals
with disabilities in a setting such as an
independent living center;
(BB) direct service or advocacy ac-
tivities that provide such individual
with experience and skills in working
with individuals with disabilities; or
(CC) direct experience as an em-
ployer, as a small business owner or
operator, or in self-employment, or
other experience in human resources,
recruitment, or experience in super-
vising employees, training, or other
activities that provide experience in
competitive
integrated
employment
environments; or
Page 220
TITLE 29—LABOR
§ 721
(II) attainment of a master’s or doc-
toral degree in a field of study such as
vocational
rehabilitation
counseling,
law, social work, psychology, disability
studies, business administration, human
resources, special education, manage-
ment, public administration, or another
field that reasonably provides com-
petence in the employment sector, in a
disability field, or in both business-re-
lated and rehabilitation-related fields;
and
(C) contain provisions relating to the es-
tablishment and maintenance of minimum
standards to ensure the availability of per-
sonnel 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 assur-
ance that, prior to providing an accommo-
dation or auxiliary aid or service or any
vocational rehabilitation service to an eli-
gible individual, except those services
specified in paragraph (5)(E) and in para-
graphs (1) through (4) and (14) of section
723(a) of this title, the designated State
unit will determine whether comparable
services and benefits are available under
any other program (other than a program
carried out under this subchapter) unless
such a determination would interrupt or
delay—
(I) the progress of the individual to-
ward achieving the employment outcome
identified in the individualized plan for
employment of the individual in accord-
ance with section 722(b) of this title;
(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 schol-
arships based on merit.
(B) Interagency agreement
The State plan shall include an assurance
that the Governor of the State, in consulta-
tion 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 respon-
sible for administering the State Medicaid
program, a public institution of higher edu-
cation, and a component of the statewide
workforce development system, and the des-
ignated State unit, in order to ensure the
provision of vocational rehabilitation serv-
ices described in subparagraph (A) (other
than those services specified in paragraph
(5)(E), and in paragraphs (1) through (4) and
(14) of section 723(a) of this title), and, if ap-
propriate, accommodations or auxiliary aids
and services, that are included in the indi-
vidualized plan for employment of an eligi-
ble individual, including the provision of
such vocational rehabilitation services (in-
cluding, if appropriate, accommodations or
auxiliary aids and services) during the pend-
ency of any dispute described in clause (iii).
Such agreement or mechanism shall include
the following:
(i) Agency financial responsibility
An identification of, or a description of a
method for defining, the financial respon-
sibility of such public entity for providing
such services, and a provision stating the
financial responsibility of such public enti-
ty for providing such services.
(ii) Conditions, terms, and procedures of
reimbursement
Information specifying the conditions,
terms, and procedures under which a des-
ignated 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 re-
solving interagency disputes under the
agreement or other mechanism (including
procedures under which the designated
State unit may initiate proceedings to se-
cure reimbursement from other public en-
tities or otherwise implement the provi-
sions of the agreement or mechanism).
(iv) Coordination of services procedures
Information specifying policies and pro-
cedures for public entities to determine
and identify the interagency coordination
responsibilities of each public entity to
promote the coordination and timely de-
livery of vocational rehabilitation services
(except those services specified in para-
graph (5)(E) and in paragraphs (1) through
(4) and (14) of section 723(a) of this title),
and accommodations or auxiliary aids and
services.
(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 rehabili-
tation services (other than those specified
in paragraph (5)(E) and in paragraphs (1)
through (4) and (14) of section 723(a) of this
title), such public entity shall fulfill that
obligation or responsibility, either di-
rectly or by contract or other arrange-
ment.
(ii) Reimbursement
If a public entity other than the des-
ignated State unit fails to provide or pay
for the services described in clause (i) for
Page 221
TITLE 29—LABOR
§ 721
1 So in original. The colon probably should be a semicolon.
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 des-
ignated State unit pursuant to the terms
of the interagency agreement or other
mechanism described in this paragraph ac-
cording to the procedures established in
such agreement or mechanism pursuant to
subparagraph (B)(ii).
(D) Methods
The Governor of a State may meet the re-
quirements of subparagraph (B) through—
(i) a State statute or regulation;
(ii) a signed agreement between the re-
spective officials of the public entities
that clearly identifies the responsibilities
of each public entity relating to the provi-
sion of services; or
(iii) another appropriate method, as de-
termined 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 section 722(b) of
this title will be developed and implemented
in a timely manner for an individual subse-
quent to the determination of the eligibility
of the individual for services under this sub-
chapter, except that in a State operating
under an order of selection described in
paragraph (5), the plan will be developed and
implemented only for individuals meeting
the order of selection criteria of the State.
(B) Provision of services
The State plan shall include an assurance
that such services will be provided in accord-
ance with the provisions of the individual-
ized plan for employment.
(10) Reporting requirements
(A) In general
The State plan shall include an assurance
that the designated State agency will sub-
mit reports in the form and level of detail
and at the time required by the Commis-
sioner regarding applicants for, and eligible
individuals receiving, services under this
subchapter.
(B) Annual reporting
In specifying the information to be sub-
mitted in the reports, the Commissioner
shall require annual reporting of informa-
tion, on eligible individuals receiving the
services, that is necessary to assess the
State’s performance on the standards and in-
dicators described in section 726(a) of this
title that are determined by the Secretary
to be relevant in assessing the performance
of designated State units in carrying out the
vocational rehabilitation program estab-
lished under this subchapter.
(C) Additional data
In specifying the information required to
be submitted in the reports, the Commis-
sioner shall require additional data, from
each State, with regard to applicants and el-
igible individuals related to—
(i) the number of applicants and the
number of individuals determined to be el-
igible or ineligible for the program carried
out under this subchapter, including the
number of individuals determined to be in-
eligible (disaggregated by type of dis-
ability and age);
(ii) the number of individuals who re-
ceived vocational rehabilitation services
through the program, including—
(I) the number who received services
under paragraph (5)(E), but not assist-
ance under an individualized plan for
employment;
(II) of those recipients who are individ-
uals with significant disabilities, the
number who received assistance under an
individualized plan for employment con-
sistent with section 722(b) of this title;
(III) of those recipients who are not in-
dividuals with significant disabilities,
the number who received assistance
under an individualized plan for employ-
ment consistent with section 722(b) of
this title;
(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 re-
ceiving (including supported employ-
ment);
(V) the number of students with dis-
abilities who are receiving pre-employ-
ment transition services under this sub-
chapter: 1 and
(VI) the number of individuals referred
to State vocational rehabilitation pro-
grams by one-stop operators (as defined
in section 3 of the Workforce Innovation
and Opportunity Act [29 U.S.C. 3102]),
and the number of individuals referred to
such one-stop operators by State voca-
tional rehabilitation programs;
(iii) of those applicants and eligible re-
cipients who are individuals with signifi-
cant disabilities—
(I) the number who ended their partici-
pation in the program carried out under
this subchapter and the number who
achieved employment outcomes after re-
ceiving vocational rehabilitation serv-
ices; and
(II) the number who ended their par-
ticipation in the program and who were
employed 6 months and 12 months after
securing or regaining employment, or, in
the case of individuals whose employ-
ment 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 min-
imum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act
Page 222
TITLE 29—LABOR
§ 721
of 1938 (29 U.S.C. 206(a)(1)) or another
wage level set by the Commissioner,
during such employment; and
(bb) the number who received em-
ployment benefits from an employer
during such employment; and
(iv) of those applicants and eligible re-
cipients who are not individuals with sig-
nificant disabilities—
(I) the number who ended their partici-
pation in the program carried out under
this subchapter and the number who
achieved employment outcomes after re-
ceiving vocational rehabilitation serv-
ices and, for those who achieved employ-
ment outcomes, the average length of
time to obtain employment; and
(II) the number who ended their par-
ticipation in the program and who were
employed 6 months and 12 months after
securing or regaining employment, or, in
the case of individuals whose employ-
ment 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 min-
imum wage rate specified in section
6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or another
wage level set by the Commissioner,
during such employment; and
(bb) the number who received em-
ployment 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 as-
sessment services, counseling and guid-
ance, and other direct services provided by
designated State agency staff, providing
services purchased under individualized
plans for employment, supporting small
business enterprises, establishing, devel-
oping, and improving community rehabili-
tation 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 [29 U.S.C. 3111 et seq.] by eligible indi-
viduals; and
(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 appli-
cants and eligible individuals, obtained ei-
ther through a complete count or sampling,
including—
(i) information on—
(I) age, gender, race, ethnicity, edu-
cation, category of impairment, severity
of disability, and whether the individ-
uals are students with disabilities;
(II) dates of application, determination
of eligibility or ineligibility, initiation
of the individualized plan for employ-
ment, and termination of participation
in the program;
(III) earnings at the time of applica-
tion for the program and termination of
participation in the program;
(IV) work status and occupation;
(V) types of services, including assist-
ive technology services and assistive
technology devices, provided under the
program;
(VI) types of public or private pro-
grams or agencies that furnished serv-
ices under the program; and
(VII) the reasons for individuals termi-
nating participation in the program
without achieving an employment out-
come; and
(ii) information necessary to determine
the success of the State in meeting the
standards and indicators established pur-
suant to section 726 of this title.
(F) Completeness and confidentiality
The State plan shall include an assurance
that the information submitted in the re-
ports will include a complete count, except
as provided in subparagraph (E), of the appli-
cants and eligible individuals, in a manner
permitting the greatest possible cross-classi-
fication of data and that the identity of each
individual for which information is supplied
under this paragraph will be kept confiden-
tial.
(G) Rules for reporting of data
The disaggregation of data under this
chapter shall not be required within a cat-
egory if the number of individuals in a cat-
egory is insufficient to yield statistically re-
liable information, or if the results would re-
veal
personally
identifiable
information
about an individual.
(H) Comprehensive report
The State plan shall specify that the Com-
missioner will provide an annual comprehen-
sive 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 Rep-
resentatives, the Committee on Appropria-
tions 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 coordina-
tion
(A) Cooperative agreements with other com-
ponents of statewide workforce develop-
ment systems
The State plan shall provide that the des-
ignated State unit or designated State agen-
cy shall enter into a cooperative agreement
with other entities that are components of
Page 223
TITLE 29—LABOR
§ 721
the statewide workforce development sys-
tem of the State, regarding the system,
which agreement may provide for—
(i) provision of intercomponent staff
training and technical assistance with re-
gard 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 individ-
uals with disabilities in workforce devel-
opment activities in the State through
the promotion of program accessibility
(including
programmatic
accessibility
and physical accessibility), the use of
nondiscriminatory policies and proce-
dures, 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 compo-
nents of the statewide workforce develop-
ment system, that link the components to
other electronic networks, including non-
visual electronic networks, and that relate
to such subjects as employment statistics,
and information on job vacancies, career
planning, and workforce investment ac-
tivities;
(iii) use of customer service features
such as common intake and referral proce-
dures, customer databases, resource infor-
mation, 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 em-
ployers determine to be appropriate;
(v) identification of staff roles, respon-
sibilities, and available resources, and
specification of the financial responsi-
bility of each component of the statewide
workforce development system with re-
gard to paying for necessary services (con-
sistent with State law and Federal require-
ments); and
(vi) specification of procedures for re-
solving disputes among such components.
(B) Replication of cooperative agreements
The State plan shall provide for the rep-
lication of such cooperative agreements at
the local level between individual offices of
the designated State unit and local entities
carrying out activities through the state-
wide workforce development system.
(C) Interagency cooperation with other agen-
cies
The State plan shall include descriptions
of interagency cooperation with, and utiliza-
tion of the services and facilities of, Federal,
State, and local agencies and programs, in-
cluding the State programs carried out
under section 3003 of this title, programs
carried out by the Under Secretary for Rural
Development of the Department of Agri-
culture, noneducational agencies serving
out-of-school youth, and State use con-
tracting programs, to the extent that such
Federal, State, and local agencies and pro-
grams
are
not
carrying
out
activities
through the statewide workforce develop-
ment system.
(D) Coordination with education officials
The State plan shall contain plans, poli-
cies, and procedures for coordination be-
tween the designated State agency and edu-
cation officials responsible for the public
education of students with disabilities, that
are designed to facilitate the transition of
the students with disabilities from the re-
ceipt of educational services in school to the
receipt of vocational rehabilitation services,
including pre-employment transition serv-
ices, under this subchapter, including infor-
mation 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, in-
cluding vocational rehabilitation services;
(ii) transition planning by personnel of
the designated State agency and edu-
cational agency personnel for students
with disabilities that facilitates the devel-
opment and implementation of their indi-
vidualized education programs under sec-
tion 614(d) of the Individuals with Disabil-
ities Education Act [20 U.S.C. 1414(d)];
(iii) the roles and responsibilities, in-
cluding financial responsibilities, of each
agency, including provisions for deter-
mining State lead agencies and qualified
personnel responsible for transition serv-
ices; and
(iv) procedures for outreach to and iden-
tification of students with disabilities who
need the transition services.
(E) Coordination with employers
The State plan shall describe how the des-
ignated State unit will work with employers
to identify competitive integrated employ-
ment opportunities and career exploration
opportunities, in order to facilitate the pro-
vision of—
(i) vocational rehabilitation services;
and
(ii) transition services for youth with
disabilities and students with disabilities,
such as pre-employment transition serv-
ices.
(F)
Coordination
with
Statewide
Inde-
pendent
Living
Councils
and
inde-
pendent living centers
The State plan shall include an assurance
that the designated State unit, the State-
wide Independent Living Council established
under section 796d of this title, and the inde-
pendent living centers described in subpart 3
of part A of subchapter VII within the State
have developed working relationships and
coordinate their activities, as appropriate.
Page 224
TITLE 29—LABOR
§ 721
(G) Cooperative agreement regarding indi-
viduals 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 admin-
istering the State Medicaid plan under title
XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the State agency with pri-
mary responsibility for providing services
and supports for individuals with intellec-
tual disabilities and individuals with devel-
opmental disabilities, with respect to the de-
livery of vocational rehabilitation services,
including extended services, for individuals
with the most significant disabilities who
have been determined to be eligible for home
and community-based services under a Med-
icaid waiver, Medicaid State plan amend-
ment, or other authority related to a State
Medicaid program.
(H) Cooperative agreement with recipients of
grants for services to American Indians
In applicable cases, the State plan shall in-
clude an assurance that the State has en-
tered 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 re-
habilitation services to American Indians
who are individuals with disabilities, includ-
ing—
(i) strategies for interagency referral and
information sharing that will assist in eli-
gibility determinations and the develop-
ment of individualized plans for employ-
ment;
(ii) procedures for ensuring that Amer-
ican Indians who are individuals with dis-
abilities and are living on or near a res-
ervation or tribal service area are provided
vocational rehabilitation services;
(iii) strategies for the provision of tran-
sition planning, by personnel of the des-
ignated State unit, the State educational
agency, and the recipient of funds under
part C, that will facilitate the develop-
ment and approval of the individualized
plans for employment under section 722 of
this title; and
(iv) provisions for sharing resources in
cooperative studies and assessments, joint
training activities, and other collaborative
activities designed to improve the provi-
sion 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) des-
ignated by the Governor of the State under
section 3003 of this title, have developed
working relationships and will enter into
agreements for the coordination of their ac-
tivities, including the referral of individuals
with disabilities to programs and activities
described in that section.
(J) Coordination with ticket to work and
self-sufficiency program
The State plan shall include an assurance
that the designated State unit will coordi-
nate activities with any other State agency
that is functioning as an employment net-
work under the Ticket to Work and Self-Suf-
ficiency Program established under section
1148 of the Social Security Act (42 U.S.C.
1320b–19).
(K) Interagency cooperation
The State plan shall describe how the des-
ignated State agency or agencies (if more
than 1 agency is designated under paragraph
(2)(A)) will collaborate with the State agen-
cy responsible for administering the State
Medicaid plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), the
State agency responsible for providing serv-
ices for individuals with developmental dis-
abilities, and the State agency responsible
for providing mental health services, to de-
velop opportunities for community-based
employment in integrated settings, to the
greatest extent practicable.
(12) Residency
The State plan shall include an assurance
that the State will not impose a residence re-
quirement that excludes from services pro-
vided 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 voca-
tional rehabilitation services to American In-
dians who are individuals with disabilities re-
siding in the State to the same extent as the
designated State agency provides such serv-
ices to other significant populations of indi-
viduals with disabilities residing in the State.
(14) Semiannual review of individuals in ex-
tended 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 dis-
ability served under this subchapter who is
employed either in an extended employment
setting in a community rehabilitation pro-
gram or any other employment under sec-
tion 14(c) of the Fair Labor Standards Act
(29 U.S.C. 214(c)) for 2 years after the begin-
ning of such employment, and annually
thereafter, to determine the interests, prior-
ities, and needs of the individual with re-
spect to competitive integrated employment
or training for competitive integrated em-
ployment;
(B) input into the review and reevaluation,
and a signed acknowledgment that such re-
view and reevaluation have been conducted,
by the individual with a disability, or, if ap-
propriate, the individual’s representative;
(C) maximum efforts, including the identi-
fication and provision of vocational rehabili-
tation services, reasonable accommodations,
Page 225
TITLE 29—LABOR
§ 721
and other necessary support services, to as-
sist individuals described in subparagraph
(A) in attaining competitive integrated em-
ployment; and
(D) an assurance that the State will report
the information generated under subpara-
graphs (A), (B), and (C), for each of the indi-
viduals, 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 comprehen-
sive, statewide assessment, jointly con-
ducted 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 indi-
viduals with disabilities residing within
the State, particularly the vocational re-
habilitation services needs of—
(I) individuals with the most signifi-
cant disabilities, including their need for
supported employment services;
(II) individuals with disabilities who
are minorities and individuals with dis-
abilities who have been unserved or un-
derserved by the vocational rehabilita-
tion program carried out under this sub-
chapter;
(III)
individuals
with
disabilities
served through other components of the
statewide workforce development system
(other than the vocational rehabilitation
program), as identified by such individ-
uals and personnel assisting such indi-
viduals through the components; and
(IV) youth with disabilities, and stu-
dents with disabilities, including their
need for pre-employment transition serv-
ices 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 pro-
vided under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.)
in order to meet the needs of individuals
with disabilities.
(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 as-
sessments, 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 sub-
chapter 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 re-
viewed annually by the designated State
unit and the State Rehabilitation Council,
if the State has such a Council. Any revi-
sions 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 sub-
mit to the Commissioner a report con-
taining information regarding revisions in
the goals and priorities, for any year in
which the State revises the goals and pri-
orities.
(ii) Basis
The State goals and priorities shall be
based on an analysis of—
(I) the comprehensive assessment de-
scribed in subparagraph (A), including
any updates to the assessment;
(II) the performance of the State on
the standards and indicators established
under section 726 of this title; and
(III) other available information on the
operation and the effectiveness of the vo-
cational rehabilitation program carried
out in the State, including any reports
received from the State Rehabilitation
Council, under section 725(c) of this title
and the findings and recommendations
from monitoring activities conducted
under section 727 of this title.
(iii) Service and outcome goals for cat-
egories in order of selection
If the designated State agency uses an
order of selection in accordance with para-
graph (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 ad-
Page 226
TITLE 29—LABOR
§ 721
2 See References in Text note below.
dress 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 dis-
abilities, including how a broad range of
assistive technology services and assistive
technology devices will be provided to
such individuals at each stage of the reha-
bilitation process and how such services
and devices will be provided to such indi-
viduals on a statewide basis;
(ii) outreach procedures to identify and
serve individuals with disabilities who are
minorities and individuals with disabil-
ities who have been unserved or under-
served by the vocational rehabilitation
program;
(iii) the methods to be used to improve
and expand vocational rehabilitation serv-
ices for students with disabilities, includ-
ing the coordination of services designed
to facilitate the transition of such stu-
dents from the receipt of educational serv-
ices in school to postsecondary life (in-
cluding the receipt of vocational rehabili-
tation services under this subchapter,
postsecondary
education,
employment,
and pre-employment transition services);
(iv) where necessary, the plan of the
State for establishing, developing, or im-
proving community rehabilitation pro-
grams;
(v) strategies to improve the perform-
ance of the State with respect to the eval-
uation standards and performance indica-
tors established pursuant to section 726 of
this title; and
(vi) strategies for assisting entities car-
rying out other components of the state-
wide workforce development system (other
than the vocational rehabilitation pro-
gram) in assisting individuals with disabil-
ities.
(E) Evaluation and reports of progress
The State plan shall—
(i) include the results of an evaluation of
the effectiveness of the vocational reha-
bilitation 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 effec-
tiveness 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 indica-
tors established pursuant to section 726
of this title; and
(ii) provide that the designated State
unit and the State Rehabilitation Council,
if the State has such a Council, shall joint-
ly submit to the Commissioner an annual
report that contains the information de-
scribed 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 vo-
cational rehabilitation services under the
State plan (including making any amend-
ment 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
section 732 of this title, and, as appropriate,
Indian tribes, tribal organizations, and Na-
tive Hawaiian organizations on the policies
or procedures; and
(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 ac-
count, 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 rehabili-
tation 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 rehabilita-
tion services to individuals with disabil-
ities;
(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 con-
struction for the facilities for a fiscal year
will not exceed an amount equal to 10 per-
cent of the State’s allotment under section
730 of this title for such year;
(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 regula-
tions the Commissioner shall prescribe de-
signed to assure that no State will reduce its
efforts in providing other vocational reha-
bilitation services (other than for the estab-
lishment of facilities for community reha-
bilitation programs) because the plan in-
cludes such provisions for construction.
Page 227
TITLE 29—LABOR
§ 721
(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 section 730 of
this title—
(i) for the development and implementa-
tion of innovative approaches to expand
and improve the provision of vocational
rehabilitation services to individuals with
disabilities under this subchapter, particu-
larly individuals with the most significant
disabilities, consistent with the findings of
the statewide assessment and goals and
priorities of the State as described in para-
graph (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 section
725(d)(1) of this title; and
(II) the Statewide Independent Living
Council, consistent with the plan pre-
pared under section 796d(e)(1) of this
title;
(B) include a description of how the re-
served funds will be utilized; and
(C) provide that the State shall submit to
the Commissioner an annual report con-
taining 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 in-
formed choice throughout the rehabilitation
process, consistent with the provisions of sec-
tion 722(d) of this title.
(20) Information and referral services
(A) In general
The State plan shall include an assurance
that the designated State agency will imple-
ment an information and referral system
adequate to ensure that individuals with dis-
abilities will be provided accurate voca-
tional rehabilitation information and guid-
ance, using appropriate modes of commu-
nication, to assist such individuals in pre-
paring for, securing, retaining, or regaining
employment, and will be appropriately re-
ferred to Federal and State programs (other
than the vocational rehabilitation program
carried out under this subchapter), including
other components of the statewide work-
force 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 de-
velopment 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 des-
ignated State agency to the agency car-
rying out the program;
(II) information identifying a specific
point of contact within the agency car-
rying 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 pro-
gram 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 direc-
tion of the commission is the State
agency for individuals who are blind;
(III) includes family members, advo-
cates, or other representatives, of indi-
viduals with mental impairments; and
(IV) undertakes the functions set forth
in section 725(c)(4) of this title; or
(ii) the State has established a State Re-
habilitation Council that meets the cri-
teria set forth in section 725 of this title
and the designated State unit—
(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, implementa-
tion, and revision of State policies and
procedures of general applicability per-
taining to the provision of vocational re-
habilitation services;
(III) includes in the State plan and in
any revision to the State plan, a sum-
mary of input provided by the Council,
including recommendations from the an-
nual report of the Council described in
section 725(c)(5) of this title, the review
and analysis of consumer satisfaction de-
scribed in section 725(c)(4) of this title,
and other reports prepared by the Coun-
cil, and the response of the designated
State unit to such input and rec-
ommendations, including explanations
for rejecting any input or recommenda-
tion; and
(IV) transmits to the Council—
(aa) all plans, reports, and other in-
formation required under this sub-
Page 228
TITLE 29—LABOR
§ 721
chapter to be submitted to the Sec-
retary;
(bb) all policies, and information on
all practices and procedures, of general
applicability provided to or used by re-
habilitation personnel in carrying out
this subchapter; and
(cc) copies of due process hearing de-
cisions 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 sub-
section (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 require-
ments in subparagraph (A)(i), or establish
one State Rehabilitation Council for both
agencies if neither agency meets the require-
ments of subparagraph (A)(i).
(22) Supported employment State plan supple-
ment
The State plan shall include an assurance
that the State has an acceptable plan for car-
rying 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 sup-
ported 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 develop-
ment) and any other updates of the informa-
tion required under this section that are re-
quested by the Commissioner, and annual re-
ports as provided in paragraphs (15) (relating
to assessments, estimates, goals and prior-
ities, and reports of progress) and (18) (relating
to innovation and expansion), at such time
and in such manner as the Secretary may de-
termine to be appropriate.
(24) Certain contracts and cooperative agree-
ments
(A) Contracts with for-profit organizations
The State plan shall provide that the des-
ignated State agency has the authority to
enter into contracts with for-profit organi-
zations for the purpose of providing, as voca-
tional rehabilitation services, on-the-job
training and related programs for individ-
uals with disabilities under part A of sub-
chapter VI, upon a determination by such
agency that such for-profit organizations are
better qualified to provide such rehabilita-
tion services than nonprofit agencies and or-
ganizations.
(B) Cooperative agreements with private
nonprofit organizations
The State plan shall describe the manner
in which cooperative agreements with pri-
vate
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 disabil-
ities, the State—
(A) has developed and will implement—
(i) strategies to address the needs identi-
fied in the assessments described in para-
graph (15); and
(ii) strategies to achieve the goals and
priorities identified by the State, in ac-
cordance with paragraph (15), to improve
and expand vocational rehabilitation serv-
ices for students with disabilities on a
statewide basis; and
(B) has developed and will implement
strategies to provide pre-employment transi-
tion services.
(26) Job growth and development
The State plan shall provide an assurance
describing how the State will utilize initia-
tives involving in-demand industry sectors or
occupations under sections 106(c) and 108 of
the Workforce Innovation and Opportunity
Act [29 U.S.C. 3121(c), 3123] to increase com-
petitive integrated employment opportunities
for individuals with disabilities.
(b) Submission; approval; modification
The State plan for vocational rehabilitation
services shall be subject to—
(1) subsection (c) of section 102 of the Work-
force Innovation and Opportunity Act [29
U.S.C. 3112], in a case in which that plan is a
portion of the unified State plan described in
that section 102; and
(2) subsection (b), and paragraphs (1), (2), and
(3) of subsection (c), of section 103 of such Act
[29 U.S.C. 3113] in a case in which that State
plan for vocational rehabilitation services is a
portion of the combined State plan described
in that section 103.
(c) Construction
Nothing in this part shall be construed to re-
duce the obligation under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) of a local educational agency or any other
agency to provide or pay for any transition serv-
ices that are also considered special education
or related services and that are necessary for en-
suring a free appropriate public education to
children with disabilities within the State in-
volved.
(Pub. L. 93–112, title I, § 101, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1119;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(c)(4)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–415; Pub. L. 108–446, title III, § 305(h)(1), Dec.
3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV,
§ 412, July 22, 2014, 128 Stat. 1641.)
Editorial Notes
REFERENCES IN TEXT
For the effective date of the Workforce Innovation
and Opportunity Act, referred to in subsec. (a)(1)(B),
Page 229
TITLE 29—LABOR
§ 721
see section 506 of Pub. L. 113–128, set out as a note
under section 3101 of this title.
The Architectural Barriers Act of 1968, referred to in
subsec. (a)(6)(C), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat.
718, which is classified generally to chapter 51 (§ 4151 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 4151 of Title 42
and Tables.
The Americans with Disabilities Act of 1990, referred
to in subsec. (a)(6)(C), is Pub. L. 101–336, July 26, 1990,
104 Stat. 327, which is classified principally to chapter
126 (§ 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Individuals with Disabilities Education Act, re-
ferred to in subsecs. (a)(7)(A)(ii), (15)(A)(ii) and (c), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175,
which is classified generally to chapter 33 (§ 1400 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see section 1400 of Title 20 and Ta-
bles.
The Workforce Innovation and Opportunity Act, re-
ferred to in subsec. (a)(7)(A)(v)(II), (10)(D)(i), is Pub. L.
113–128, July 22, 2014, 128 Stat. 1425, which enacted chap-
ter 32 (§ 3101 et seq.) of this title, repealed chapter 30
(§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.)
of Title 20, Education, and made amendments to nu-
merous other sections and notes in the Code. Title I of
the Act is classified generally to subchapter I (§ 3111 et
seq.) of chapter 32 of this title. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
The Social Security Act, referred to in subsec.
(a)(11)(G), (K), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.
Title XIX of the Act is classified generally to sub-
chapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
Section 776 of this title, referred to in subsec.
(a)(17)(B), was in the original a reference to section 306
which was renumbered section 304 of Pub. L. 93–112 by
Pub. L. 113–128, title IV, § 443(2), July 22, 2014, 128 Stat.
1674.
PRIOR PROVISIONS
A prior section 721, Pub. L. 93–112, title I, § 101, Sept.
26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 111(b)–(d),
Dec. 7, 1974, 88 Stat. 1619, 1620; Pub. L. 93–651, title I,
§ 111(b)–(d), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602,
title I, §§ 102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987;
Pub. L. 98–221, title I, § 104(a)(2), Feb. 22, 1984, 98 Stat.
18; Pub. L. 98–524, § 4(f), Oct. 19, 1984, 98 Stat. 2489; Pub.
L. 99–506, title I, § 103(d)(2), title II, § 202, title X,
§ 1001(b)(1)–(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841,
1842; Pub. L. 100–630, title II, § 202(b), Nov. 7, 1988, 102
Stat. 3304; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105
Stat. 276; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat.
607; Pub. L. 102–569, title I, §§ 102(o), (p)(7), 122, Oct. 29,
1992, 106 Stat. 4355, 4356, 4367; Pub. L. 103–73, title I,
§§ 102(2), 107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L.
104–106, div. D, title XLIII, § 4321(i)(7), Feb. 10, 1996, 110
Stat. 676, related to State plans, prior to the general
amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 412(a)(1)(A),
substituted ‘‘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 com-
bined State plan in accordance with section 103, of the
Workforce Innovation and Opportunity Act. The uni-
fied or combined State plan shall include, in the por-
tion of the plan described in section 102(b)(2)(D) of such
Act (referred to in this subsection as the ‘vocational re-
habilitation services portion’), the provisions of a State
plan for vocational rehabilitation services, described in
this subsection.’’ for ‘‘to participate in programs under
this subchapter, a State shall submit to the Commis-
sioner a State plan for vocational rehabilitation serv-
ices that meets the requirements of this section, on the
same date that the State submits a State plan under
section 112 of the Workforce Investment Act of 1998.’’
Subsec. (a)(1)(B). Pub. L. 113–128, § 412(a)(1)(B), sub-
stituted ‘‘as part of the vocational rehabilitation serv-
ices portion of the unified or combined State plan sub-
mitted in accordance with subparagraph (A),’’ for ‘‘in
the State plan for vocational rehabilitation services,’’
and ‘‘the effective date of the Workforce Innovation
and Opportunity Act’’ for ‘‘the effective date of the Re-
habilitation Act Amendments of 1998’’, which had been
translated as ‘‘August 7, 1998’’.
Subsec. (a)(1)(C). Pub. L. 113–128, § 412(a)(1)(C), sub-
stituted ‘‘The vocational rehabilitation services por-
tion of the unified or combined State plan submitted in
accordance with subparagraph (A) shall remain in ef-
fect until the State submits and receives approval of a
new State plan in accordance with subparagraph (A), or
until the submission of such modifications’’ for ‘‘The
State plan shall remain in effect subject to the submis-
sion of such modifications’’ and struck out ‘‘, until the
State submits and receives approval of a new State
plan’’ before period at end.
Subsec. (a)(2)(A). Pub. L. 113–128, § 412(a)(2)(A), sub-
stituted ‘‘The State plan for vocational rehabilitation
services’’ for ‘‘The State plan’’ in introductory provi-
sions.
Subsec.
(a)(2)(B)(ii)(II).
Pub.
L.
113–128,
§ 412(a)(2)(B)(i), inserted ‘‘who is responsible for the
day-to-day operation of the vocational rehabilitation
program’’ before semicolon at end.
Subsec.
(a)(2)(B)(ii)(V).
Pub.
L.
113–128,
§ 412(a)(2)(B)(ii)–(iv), added subcl. (V).
Subsec. (a)(5)(D), (E). Pub. L. 113–128, § 412(a)(3), added
subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (a)(7)(A)(v)(I). Pub. L. 113–128, § 412(a)(4)(A)(i),
inserted ‘‘, including training implemented in coordi-
nation with entities carrying out State programs under
section 3003 of this title’’ after ‘‘rehabilitation tech-
nology’’.
Subsec.
(a)(7)(A)(v)(II).
Pub.
L.
113–128,
§ 412(a)(4)(A)(ii), substituted ‘‘Workforce Innovation and
Opportunity Act’’ for ‘‘Rehabilitation Act Amendments
of 1998’’.
Subsec. (a)(7)(B)(ii). Pub. L. 113–128, § 412(a)(4)(B),
added cl. (ii) and struck out former cl. (ii) which read
as follows: ‘‘to the extent that such standards are not
based on the highest requirements in the State applica-
ble to a specific profession or discipline, the steps the
State is taking to require the retraining or hiring of
personnel within the designated State unit that meet
appropriate professional requirements in the State;
and’’.
Subsec. (a)(8)(A)(i). Pub. L. 113–128, § 412(a)(5)(A), in
introductory provisions, inserted ‘‘an accommodation
or auxiliary aid or service or’’ after ‘‘prior to pro-
viding’’ and substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.
Subsec. (a)(8)(B). Pub. L. 113–128, § 412(a)(5)(B)(i), in
introductory provisions, substituted ‘‘Medicaid’’ for
‘‘medicaid’’, ‘‘workforce development system’’ for
‘‘workforce investment system’’, and ‘‘(5)(E)’’ for
‘‘(5)(D)’’, inserted ‘‘and, if appropriate, accommoda-
tions or auxiliary aids and services,’’ before ‘‘that are
included’’, and substituted ‘‘provision of such voca-
tional rehabilitation services (including, if appropriate,
accommodations or auxiliary aids and services)’’ for
‘‘provision of such vocational rehabilitation services’’.
Subsec. (a)(8)(B)(iv). Pub. L. 113–128, § 412(a)(5)(B)(ii),
substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’ and inserted ‘‘, and ac-
commodations or auxiliary aids and services’’ before
period at end.
Subsec. (a)(8)(C)(i). Pub. L. 113–128, § 412(a)(5)(C), sub-
stituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.
Subsec. (a)(10)(B). Pub. L. 113–128, § 412(a)(6)(A), sub-
stituted ‘‘annual reporting of information, on eligible
individuals receiving the services, that is necessary to
Page 230
TITLE 29—LABOR
§ 721
assess the State’s performance on the standards and in-
dicators described in section 726(a) of this title’’ for
‘‘annual reporting on the eligible individuals receiving
the services, on those specific data elements described
in section 136(d)(2) of the Workforce Investment Act of
1998’’.
Subsec. (a)(10)(C). Pub. L. 113–128, § 412(a)(6)(B)(i), in-
serted ‘‘, from each State,’’ after ‘‘additional data’’ in
introductory provisions.
Subsec. (a)(10)(C)(i). Pub. L. 113–128, § 412(a)(6)(B)(ii),
added cl. (i) and struck out former cl. (i) which read as
follows: ‘‘the number of applicants and the number of
individuals determined to be eligible or ineligible for
the program carried out under this subchapter, includ-
ing—
‘‘(I) the number of individuals determined to be in-
eligible because they did not require vocational reha-
bilitation services, as provided in section 722(a) of
this title; and
‘‘(II) the number of individuals determined, on the
basis of clear and convincing evidence, to be too se-
verely disabled to benefit in terms of an employment
outcome from vocational rehabilitation services;’’.
Subsec.
(a)(10)(C)(ii)(I).
Pub.
L.
113–128,
§ 412(a)(6)(B)(iii)(I), substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.
Subsec. (a)(10)(C)(ii)(IV) to (VI). Pub. L. 113–128,
§ 412(a)(6)(B)(iii)(II), (III), added subcls. (IV) to (VI).
Subsec.
(a)(10)(C)(iv)(I).
Pub.
L.
113–128,
§ 412(a)(6)(B)(iv), inserted ‘‘and, for those who achieved
employment outcomes, the average length of time to
obtain employment’’ before semicolon.
Subsec. (a)(10)(D)(i). Pub. L. 113–128, § 412(a)(6)(C), sub-
stituted ‘‘title I of the Workforce Innovation and Op-
portunity Act’’ for ‘‘title I of the Workforce Investment
Act of 1998’’.
Subsec. (a)(10)(E)(ii). Pub. L. 113–128, § 412(a)(6)(D),
substituted ‘‘of the State in meeting the standards and
indicators established pursuant to section 726 of this
title.’’ for ‘‘of the State in meeting—
‘‘(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 pur-
suant to section 726 of this title.’’
Subsec. (a)(10)(G), (H). Pub. L. 113–128, § 412(a)(6)(E),
added subpars. (G) and (H).
Subsec. (a)(11)(A). Pub. L. 113–128, § 412(a)(7)(A)(i), (ii),
substituted ‘‘workforce development systems’’ for
‘‘workforce investment systems’’ in heading and
‘‘workforce development system’’ for ‘‘workforce in-
vestment system’’ in introductory provisions.
Subsec.
(a)(11)(A)(i)(II).
Pub.
L.
113–128,
§ 412(a)(7)(A)(iii), substituted ‘‘development’’ for ‘‘in-
vestment’’ and inserted ‘‘(including programmatic ac-
cessibility and physical accessibility)’’ after ‘‘program
accessibility’’.
Subsec. (a)(11)(A)(ii). Pub. L. 113–128, § 412(a)(7)(A)(iv),
substituted
‘‘workforce
development
system’’
for
‘‘workforce investment system’’.
Subsec. (a)(11)(A)(v). Pub. L. 113–128, § 412(a)(7)(A)(v),
substituted
‘‘workforce
development
system’’
for
‘‘workforce investment system’’.
Subsec. (a)(11)(B). Pub. L. 113–128, § 412(a)(7)(B), sub-
stituted ‘‘workforce development system’’ for ‘‘work-
force investment system’’.
Subsec. (a)(11)(C). Pub. L. 113–128, § 412(a)(7)(C), in-
serted ‘‘the State programs carried out under section
3003
of
this
title,’’
after
‘‘including’’
and
‘‘, noneducational
agencies
serving
out-of-school
youth,’’ after ‘‘Agriculture’’ and substituted ‘‘such Fed-
eral, State, and local agencies and programs’’ for ‘‘such
agencies and programs’’ and ‘‘workforce development
system’’ for ‘‘workforce investment system’’.
Subsec. (a)(11)(D). Pub. L. 113–128, § 412(a)(7)(D), in-
serted ‘‘, including pre-employment transition serv-
ices,’’ after ‘‘vocational rehabilitation services’’ in in-
troductory provisions and ‘‘, which may be provided
using alternative means for meeting participation
(such as video conferences and conference calls),’’ after
‘‘consultation and technical assistance’’ in cl. (i) and
substituted ‘‘implementation’’ for ‘‘completion’’ in cl.
(ii).
Subsec. (a)(11)(E). Pub. L. 113–128, § 412(a)(7)(F), added
subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (a)(11)(F). Pub. L. 113–128, § 412(a)(7)(G), made
technical amendment to reference in original act which
appears in text as reference to subpart 3 of part A of
subchapter VII and inserted ‘‘, as appropriate’’ before
period at end.
Pub. L. 113–128, § 412(a)(7)(E), redesignated subpar. (E)
as (F). Former subpar. (F) redesignated (H).
Subsec. (a)(11)(G). Pub. L. 113–128, § 412(a)(7)(H), added
subpar. (G).
Subsec. (a)(11)(H). Pub. L. 113–128, § 412(a)(7)(E), redes-
ignated subpar. (F) as (H).
Subsec.
(a)(11)(H)(ii)
to
(iv).
Pub.
L.
113–128,
§ 412(a)(7)(I), inserted ‘‘on or’’ before ‘‘near’’ and struck
out ‘‘and’’ after semicolon in cl. (ii), added cl. (iii), and
redesignated former cl. (iii) as (iv).
Subsec. (a)(11)(I) to (K). Pub. L. 113–128, § 412(a)(7)(J),
added subpars. (I) to (K).
Subsec. (a)(14). Pub. L. 113–128, § 412(a)(8)(A), sub-
stituted ‘‘Semiannual’’ for ‘‘Annual’’ in heading.
Subsec. (a)(14)(A). Pub. L. 113–128, § 412(a)(8)(B), sub-
stituted ‘‘a semiannual’’ for ‘‘an annual’’, ‘‘is em-
ployed’’ for ‘‘has achieved an employment outcome’’,
‘‘beginning of such employment, and annually there-
after’’ for ‘‘achievement of the outcome (and thereafter
if requested by the individual or, if appropriate, the in-
dividual’s representative)’’, and ‘‘to competitive inte-
grated employment or training for competitive inte-
grated employment;’’ for ‘‘to competitive employment
or training for competitive employment;’’.
Subsec.
(a)(14)(C),
(D).
Pub.
L.
113–128,
§ 412(a)(8)(C)–(E), substituted ‘‘individuals described in
subparagraph (A) in attaining competitive integrated
employment; and’’ for ‘‘the individuals described in
subparagraph (A) in engaging in competitive employ-
ment.’’ in subpar. (C) and added subpar. (D).
Subsec.
(a)(15)(A)(i)(III).
Pub.
L.
113–128,
§ 412(a)(9)(A)(i)(II)(aa), substituted ‘‘workforce develop-
ment system’’ for ‘‘workforce investment system’’.
Subsec.
(a)(15)(A)(i)(IV).
Pub.
L.
113–128,
§ 412(a)(9)(A)(i)(I), (II)(bb), (III), added subcl. (IV).
Subsec.
(a)(15)(A)(ii)
to
(iv).
Pub.
L.
113–128,
§ 412(a)(9)(A)(ii), (iii), added cl. (ii) and redesignated
former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (a)(15)(B)(ii). Pub. L. 113–128, § 412(a)(9)(B)(i),
substituted ‘‘subchapter VI’’ for ‘‘part B of subchapter
VI’’.
Subsec.
(a)(15)(B)(iii),
(iv).
Pub.
L.
113–128,
§ 412(a)(9)(B)(ii), (iii), added cl. (iii) and redesignated
former cl. (iii) as (iv).
Subsec.
(a)(15)(D)(iii)
to
(vi).
Pub.
L.
113–128,
§ 412(a)(9)(C), added cl. (iii), redesignated former cls.
(iii) to (v) as (iv) to (vi), respectively, and, in cl. (vi),
substituted
‘‘workforce
development
system’’
for
‘‘workforce investment system’’.
Subsec. (a)(20)(A), (B)(i). Pub. L. 113–128, § 412(a)(10),
substituted
‘‘workforce
development
system’’
for
‘‘workforce investment system’’.
Subsec. (a)(22). Pub. L. 113–128, § 412(a)(11), substituted
‘‘subchapter VI’’ for ‘‘part B of subchapter VI’’.
Subsec. (a)(25), (26). Pub. L. 113–128, § 412(a)(12), added
pars. (25) and (26).
Subsec. (b). Pub. L. 113–128, § 412(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) related
to approval and disapproval of State plans.
Subsec. (c). Pub. L. 113–128, § 412(c), added subsec. (c).
2004—Subsec. (a)(11)(D)(ii). Pub. L. 108–446 struck out
‘‘(as added by section 101 of Public Law 105–17)’’ before
semicolon at end.
1998—Subsec. (a)(18)(C). Pub. L. 105–277, § 101(f) [title
VIII, § 402(c)(4)(A)], substituted ‘‘were utilized during
the preceding year’’ for ‘‘will be utilized’’.
Subsec. (a)(21)(A)(i)(II)(bb). Pub. L. 105–277, § 101(f)
[title VIII, § 402(c)(4)(B)], substituted ‘‘commission’’ for
‘‘Commission’’.
Page 231
TITLE 29—LABOR
§ 722
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.
§ 722. Eligibility and individualized plan for em-
ployment
(a) Eligibility
(1) Criterion for eligibility
An individual is eligible for assistance under
this subchapter if the individual—
(A) has undergone an assessment for deter-
mining eligibility and vocational rehabilita-
tion needs and as a result has been deter-
mined to be an individual with a disability
under section 705(20)(A) of this title; and
(B) requires vocational rehabilitation serv-
ices 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 pre-
sumed to have a goal of an employment out-
come.
(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 out-
come from vocational rehabilitation services
under section 705(20)(A) of this title.
(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 indi-
vidual is ineligible for vocational rehabilita-
tion services, the designated State unit shall
explore the individual’s abilities, capabili-
ties, and capacity to perform in work situa-
tions, through the use of trial work experi-
ences, as described in section 705(2)(D) of
this title, with appropriate supports pro-
vided through the designated State unit.
Such experiences shall be of sufficient vari-
ety and over a sufficient period of time to
determine the eligibility of the individual.
In providing the trial experiences, the des-
ignated State unit shall provide the indi-
vidual with the opportunity to try different
employment
experiences,
including
sup-
ported employment, and the opportunity to
become employed in competitive integrated
employment.
(3) Presumption of eligibility
(A) In general
For purposes of this section, an individual
who has a disability or is blind as deter-
mined pursuant to title II or title XVI of the
Social Security Act (42 U.S.C. 401 et seq. and
1381 et seq.) shall be—
(i) considered to be an individual with a
significant
disability
under
section
705(21)(A) of this title; and
(ii) presumed to be eligible for voca-
tional rehabilitation services under this
subchapter (provided that the individual
intends to achieve an employment out-
come
consistent
with
the
unique
strengths, resources, priorities, concerns,
abilities, capabilities, interests, and in-
formed choice of the individual) unless the
designated State unit involved can dem-
onstrate by clear and convincing evidence
that such individual is incapable of bene-
fiting in terms of an employment outcome
due to the severity of the individual’s dis-
ability (as of the date of the determina-
tion).
(B) Construction
Nothing in this paragraph shall be con-
strued to create an entitlement to any voca-
tional 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 eligi-
bility of an individual for vocational reha-
bilitation services under this subchapter and
developing the individualized plan for em-
ployment 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 eligi-
bility or of the development of the individ-
ualized plan for employment), including in-
formation available from other programs
and providers, particularly information used
by education officials and the Social Secu-
rity Administration, information provided
by the individual and the family of the indi-
vidual, and information obtained under the
assessment for determining eligibility and
vocational rehabilitation needs.
(B) Determinations by officials of other agen-
cies
Determinations made by officials of other
agencies, particularly education officials de-
scribed in section 721(a)(11)(D) of this title,
regarding whether an individual satisfies
one or more factors relating to whether an
individual is an individual with a disability
under section 705(20)(A) of this title or an in-
dividual with a significant disability under
section 705(21)(A) of this title shall be used,
to the extent appropriate and consistent
with the requirements of this part, in assist-
ing the designated State unit in making
such determinations.
(C) Basis
The determination of eligibility for voca-
tional rehabilitation services shall be based
on—
(i) the review of existing data described
in section 705(2)(A)(i) of this title; and
(ii) to the extent that such data is un-
available or insufficient for determining
eligibility, the provision of assessment ac-
tivities described in section 705(2)(A)(ii) of
this title.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1400. Short title; findings; purposes
(a) Short title
This chapter may be cited as the ‘‘Individuals
with Disabilities Education Act’’.
(b) Omitted
(c) Findings
Congress finds the following:
(1) Disability is a natural part of the human
experience and in no way diminishes the right
of individuals to participate in or contribute
to society. Improving educational results for
children with disabilities is an essential ele-
ment of our national policy of ensuring equal-
Page 928
TITLE 20—EDUCATION
§ 1400
ity of opportunity, full participation, inde-
pendent living, and economic self-sufficiency
for individuals with disabilities.
(2) Before the date of enactment of the Edu-
cation for All Handicapped Children Act of
1975 (Public Law 94–142), the educational needs
of millions of children with disabilities were
not being fully met because—
(A) the children did not receive appro-
priate educational services;
(B) the children were excluded entirely
from the public school system and from
being educated with their peers;
(C) undiagnosed disabilities prevented the
children from having a successful edu-
cational experience; or
(D) a lack of adequate resources within the
public school system forced families to find
services outside the public school system.
(3) Since the enactment and implementation
of the Education for All Handicapped Children
Act of 1975, this chapter has been successful in
ensuring children with disabilities and the
families of such children access to a free ap-
propriate public education and in improving
educational results for children with disabil-
ities.
(4) However, the implementation of this
chapter has been impeded by low expectations,
and
an
insufficient
focus
on
applying
replicable research on proven methods of
t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees** Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates:
(1) except as otherwise provided in this section, not less than—
(A) $5.85 an hour, beginning on the 60th day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months after that 60th day; and
(C) $7.25 an hour, beginning 24 months after that 60th day;
(2) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating mi
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 206. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 206. Minimum wage
(a) Employees engaged in commerce; home work-
ers in Puerto Rico and Virgin Islands; em-
ployees in American Samoa; seamen on
American vessels; agricultural employees
Every employer shall pay to each of his em-
ployees who in any workweek is engaged in com-
merce or in the production of goods for com-
merce, or is employed in an enterprise engaged
in commerce or in the production of goods for
commerce, wages at the following rates:
(1) except as otherwise provided in this sec-
tion, not less than—
(A) $5.85 an hour, beginning on the 60th
day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months
after that 60th day; and
(C) $7.25 an hour, beginning 24 months
after that 60th day;
(2) if such employee is a home worker in
Puerto Rico or the Virgin Islands, not less
than the minimum piece rate prescribed by
regulation or order; or, if no such minimum
piece rate is in effect, any piece rate adopted
by such employer which shall yield, to the
proportion or class of employees prescribed by
regulation or order, not less than the applica-
ble minimum hourly wage rate. Such min-
imum piece rates or employer piece rates shall
be commensurate with, and shall be paid in
lieu of, the minimum hourly wage rate appli-
cable under the provisions of this section. The
Administrator, or his authorized representa-
tive, shall have power to make such regula-
tions or orders as are necessary or appropriate
to carry out any of the provisions of this para-
graph, including the power without limiting
the generality of the foregoing, to define any
operation or occupation which is performed by
such home work employees in Puerto Rico or
the Virgin Islands; to establish minimum
piece rates for any operation or occupation so
defined; to prescribe the
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 206. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Workforce Investment Act of 1998 references** Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of this Act.
**(b) Wagner-Peyser Act references** Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
**(c) Disability-related references** Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 3102. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3102. Definitions
In this Act, and the core program provisions
that are not in this Act, except as otherwise ex-
pressly provided:
(1) Administrative costs
The term ‘‘administrative costs’’ means ex-
penditures incurred by State boards and local
boards, direct recipients (including State
grant recipients under part B of subchapter I
and recipients of awards under parts C and D
of subchapter I), local grant recipients, local
fiscal agents or local grant subrecipients, and
one-stop operators in the performance of ad-
ministrative functions and in carrying out ac-
tivities under subchapter I that are not re-
lated to the direct provision of workforce in-
vestment services (including services to par-
ticipants and employers). Such costs include
both personnel and nonpersonnel costs and
both direct and indirect costs.
(2) Adult
Except as otherwise specified in section 3172
of this title, the term ‘‘adult’’ means an indi-
vidual who is age 18 or older.
(3) Adult education; adult education and lit-
eracy activities
The terms ‘‘adult education’’ and ‘‘adult
education and literacy activities’’ have the
meanings given the terms in section 3272 of
this title.
(4) Area career and technical education school
The term ‘‘area career and technical edu-
cation school’’ has the meaning given the
term in section 2302 of title 20.
(5) Basic skills deficient
The term ‘‘basic skills deficient’’ means,
with respect to an individual—
(A) who is a youth, that the individual has
English
reading,
writing,
or
computing
skills at or below the 8th grade level on a
generally accepted standardized test; or
(B) who is a youth or adult, that the indi-
vidual is unable to compute or solve prob-
lems, or read, write, or speak English, at a
level necessary to function o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 3102. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided:
(1) **Administrative costs** — The term “administrative costs” means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under part B of subchapter I and recipients of awards under parts C and D of subchapter I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under subchapter I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs.
(2) **Adult** — Except as otherwise specified in [section 3172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172&num=0&edition=prelim), the term “adult” means an individual who is age 18 or older.
(3) **Adult education; adult education and literacy activities** — The terms “adult education” and “adult education and literacy activities” have the meanings given the terms in [section 3272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3272&num=0&edition=prelim).
(4) **Area career and technical education school** — The term “area career and technical education school” has the meaning given the term in [section 2302 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2302&num=0&edition=prelim).
(5) **Basic skills deficient** — The term “basic skills deficient” means, with respect to an individual—
(A) who is a youth, that the individual has English reading, wri
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 3112. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3112. Unified State plan
(a) Plan
For a State to be eligible to receive allot-
ments for the core programs, the Governor shall
submit to the Secretary of Labor for the ap-
proval process described under subsection (c)(2),
a unified State plan. The unified State plan
shall outline a 4-year strategy for the core pro-
grams of the State and meet the requirements of
this section.
(b) Contents
(1) Strategic planning elements
The unified State plan shall include stra-
tegic planning elements consisting of a stra-
tegic vision and goals for preparing an edu-
cated and skilled workforce, that include—
(A) an analysis of the economic conditions
in the State, including—
(i) existing and emerging in-demand in-
dustry sectors and occupations; and
(ii) the employment needs of employers,
including a description of the knowledge,
skills, and abilities, needed in those indus-
tries and occupations;
(B) an analysis of the current workforce,
employment and unemployment data, labor
market trends, and the educational and skill
levels of the workforce, including individ-
uals with barriers to employment (including
individuals with disabilities), in the State;
(C) an analysis of the workforce develop-
ment activities (including education and
training) in the State, including an analysis
of the strengths and weaknesses of such ac-
tivities, and the capacity of State entities to
provide such activities, in order to address
the identified education and skill needs of
the workforce and the employment needs of
employers in the State;
(D) a description of the State’s strategic
vision and goals for preparing an educated
and skilled workforce (including preparing
youth and individuals with barriers to em-
ployment) and for meeting the skilled work-
force needs of emplo
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 3112. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established in the Office of the Secretary in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the “Commissioner”) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general policies of the National Council on Disability established under subchapter IV of this chapter.
**(b)** The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12101. This identifies an authority to review, not proof of applicability.