29 U.S.C. § 721 — State plans

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.