For the purposes of this chapter:
The term "administrative costs" means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under subchapter I, including expenses related to program planning, development, monitoring, and evaluation, including expenses for-
The term "assessment for determining eligibility and vocational rehabilitation needs" means, as appropriate in each case-
The term "assistive technology" has the meaning given such term in section 3002 of this title.
The term "assistive technology device" has the meaning given such term in section 3002 of this title, except that the reference in such section to the term "individuals with disabilities" shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)).1
The term "assistive technology service" has the meaning given such term in section 3002 of this title, except that the reference in such section-
The term "community rehabilitation program" means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement-
The term "competitive integrated employment" means work that is performed on a full-time or part-time basis (including self-employment)-
The term "construction" means-
The term "cost of construction" includes architects' fees and the cost of acquisition of land in connection with construction but does not include the cost of offsite improvements.
The term "customized employment" means competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as-
The term "designated State agency" means an agency designated under section 721(a)(2)(A) of this title.
The term "designated State unit" means-
The term "disability" means-
The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) .
The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
The term "employment outcome" means, with respect to an individual-
in a manner consistent with this chapter.
The term "establishment of a community rehabilitation program" includes the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to community rehabilitation program purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary of Education may determine, in accordance with regulations the Secretary of Education shall prescribe, in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance in the construction of facilities for community rehabilitation programs), and may include such additional equipment and staffing as the Commissioner considers appropriate.
The term "extended services" means ongoing support services and other appropriate services, needed to support and maintain an individual with a most significant disability in supported employment, that-
Subject to subparagraph (B), the term "Federal share" means 78.7 percent.
The term "Federal share" means the share specifically set forth in section 731(a)(3) of this title, except that with respect to payments pursuant to part B of subchapter I to any State that are used to meet the costs of construction of those rehabilitation facilities identified in section 723(b)(2) of this title in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 731(a)(3) of this title applicable with respect to the State.
For the purpose of determining the non-Federal share with respect to a State, expenditures by a political subdivision thereof or by a local agency shall be regarded as expenditures by such State, subject to such limitations and conditions as the Secretary of Education shall by regulation prescribe.
The term "Governor" means a chief executive officer of a State.
The term "impartial hearing officer" means an individual-
An individual shall not be considered to be an employee of a public agency for purposes of subparagraph (A)(i) solely because the individual is paid by the agency to serve as a hearing officer.
The term "independent living core services" means-
The term "independent living services" includes-
The terms "Indian", "American Indian", and "Indian American" mean an individual who is a member of an Indian tribe and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602) .
The term "Indian tribe" means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]) and a tribal organization (as defined in section 5304(l) of title 25).
Except as otherwise provided in subparagraph (B), the term "individual with a disability" means any individual who-
Subject to subparagraphs (C), (D), (E), and (F), the term "individual with a disability" means, for purposes of sections 701, 711, and 712 of this title, and subchapters II, IV, V, and VII of this chapter, any person who has a disability as defined in section 12102 of title 42.
For purposes of subchapter V, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use.
Nothing in clause (i) shall be construed to exclude as an individual with a disability an individual who-
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs.
Notwithstanding clause (i), for purposes of programs and activities providing health services and services provided under subchapters I, II, and III, an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services.
For purposes of programs and activities providing educational services, local educational agencies may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. Furthermore, the due process procedures at section 104.36 of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling) shall not apply to such disciplinary actions.
For purposes of sections 793 and 794 of this title as such sections relate to employment, the term "individual with a disability" does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.
For the purposes of sections 793 and 794 of this title, as such sections relate to employment, such term does not include an individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, is unable to perform the duties of the job.
For the purposes of sections 791, 793, and 794 of this title-
For the purposes of sections 791, 793, and 794 of this title, the term "individual with a disability" does not include an individual on the basis of-
The term "individuals with disabilities" means more than one individual with a disability.
Except as provided in subparagraph (B) or (C), the term "individual with a significant disability" means an individual with a disability-
For purposes of subchapter VII, the term "individual with a significant disability" means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively.
For purposes of subchapter II, the term "individual with a significant disability" includes an individual described in subparagraph (A) or (B).
The term "individuals with significant disabilities" means more than one individual with a significant disability.
The term "individual with a most significant disability", used with respect to an individual in a State, means an individual with a significant disability who meets criteria established by the State under section 721(a)(5)(C) of this title.
The term "individuals with the most significant disabilities" means more than one individual with a most significant disability.
The terms "individual's representative" and "applicant's representative" mean a parent, a family member, a guardian, an advocate, or an authorized representative of an individual or applicant, respectively.
The term "institution of higher education" has the meaning given the term in section 1002 of title 20.
The term "local agency" means an agency of a unit of general local government or of an Indian tribe (or combination of such units or tribes) which has an agreement with the designated State agency to conduct a vocational rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 721 of this title. Nothing in the preceding sentence of this paragraph or in section 721 of this title shall be construed to prevent the local agency from arranging to utilize another local public or nonprofit agency to provide vocational rehabilitation services if such an arrangement is made part of the agreement specified in this paragraph.
The term "local workforce development board" means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102] .
The term "nonprofit", when used with respect to a community rehabilitation program, means a community rehabilitation program carried out by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501(c)(3) of title 26.
The term "ongoing support services" means services-
The term "personal assistance services" means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.
The term "pre-employment transition services" means services provided in accordance with section 733 of this title.
The term "public or nonprofit", used with respect to an agency or organization, includes an Indian tribe.
The term "rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
Unless where the context otherwise requires, the term "Secretary"-
The term "State" includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
The term "State workforce development board" means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102] .
The term "statewide workforce development system" means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102] .
The term "student with a disability" means an individual with a disability who-
The term "students with disabilities" means more than 1 student with a disability.
The term "supported employment" means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities-
The term "supported employment services" means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that-
The term "vocational rehabilitation services" means those services identified in section 723 of this title which are provided to individuals with disabilities under this chapter.
The term "workforce investment activities" means workforce investment activities, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102], that are carried out under that Act.
The term "youth with a disability" means an individual with a disability who-
The term "youth with disabilities" means more than 1 youth with a disability.
1 So in original. The second closing parenthesis probably should not appear.
2 So in original. There is no par. (29).
29 U.S.C. § 705
EDITORIAL NOTES
REFERENCES IN TEXTThe Controlled Substances Act, referred to in par. (10)(B), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.The Alaska Native Claims Settlement Act, referred to in par. (19)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.The Individuals with Disabilities Education Act, referred to in par. (37)(A)(i)(II)(bb), (ii)(I), 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. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.The Workforce Innovation and Opportunity Act, referred to in par. (41), is Pub. L. 113-128, 128 Stat. 1425, which enacted chapter 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 numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
PRIOR PROVISIONSProvisions similar to this section were contained in section 706 of this title prior to repeal by Pub. L. 105-220.A prior section 705, Pub. L. 93-112, §6, Sept. 26, 1973, 87 Stat. 359; Pub. L. 99-506, title X, §1001(a)(2), Oct. 21, 1986, 100 Stat. 1841; Pub. L. 100-630, title II, §201(b), Nov. 7, 1988, 102 Stat. 3303; Pub. L. 102-569, title I, §128(b)(1), Oct. 29, 1992, 106 Stat. 4388, related to consolidated rehabilitation plan, prior to repeal by Pub. L. 105-220, title IV, §403, Aug. 7, 1998, 112 Stat. 1093.A prior section 7 of Pub. L. 93-112 was renumbered section 8 and is classified to section 706 of this title.Another prior section 7 of Pub. L. 93-112 was classified to section 706 of this title prior to repeal by Pub. L. 105-220.
AMENDMENTS2014-Par. (2)(B)(v). Pub. L. 113-128, §404(1), added cl. (v).Par. (3). Pub. L. 113-128, §404(2), added par. (3) and struck out former par. (3) which defined "assistive technology device".Par. (4). Pub. L. 113-128, §404(3), redesignated par. (5) as (4). Pub. L. 113-128, §404(2), struck out par. (4) which defined "assistive technology service".Par. (4)(O). Pub. L. 113-128, §404(4)(B), added subpar. (O). Former subpar. (O) redesignated (P).Par. (4)(P), (Q). Pub. L. 113-128, §404(4)(A), redesignated subpars. (O) and (P) as (P) and (Q), respectively. Former subpar. (Q) redesignated (R).Par. (4)(R). Pub. L. 113-128, §404(4)(C), substituted "(Q)" for "(P)". Pub. L. 113-128, §404(4)(A), redesignated subpar. (Q) as (R). Par. (5). Pub. L. 113-128, §404(5), added par. (5). Former par. (5) redesignated (4).Par. (6)(B). Pub. L. 113-128, §404(6), substituted "includes architects' fees" for "includes architects' fees".Par. (7). Pub. L. 113-128, §404(7), added par. (7).Par. (11)(C). Pub. L. 113-128, §404(8), inserted "of Education" after "Secretary" and "customized employment," after "vocational outcome of".Par. (12). Pub. L. 113-128, §404(9), inserted "of Education" after "Secretary" in two places.Par. (14)(C). Pub. L. 113-128, §404(10), inserted "of Education" after "Secretary".Par. (17)(E). Pub. L. 113-128, §404(11), added subpar. (E).Par. (18). Pub. L. 113-128, §404(12), substituted "term 'independent living services' includes-" for "term 'independent living services' includes-" in introductory provisions. Par. (19)(A). Pub. L. 113-128, §404(13)(A), inserted "and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602) " before period at end.Par. (19)(B). Pub. L. 113-128, §404(13)(B), inserted "and a tribal organization (as defined in section 5304(l) of title 25)" before period at end.Par. (23). Pub. L. 113-128, §404(14), substituted "section 1002" for "section 1001".Par. (25). Pub. L. 113-128, §404(15), added par. (25) and struck out former par. (25) which defined "local workforce investment board".Par. (29). Pub. L. 113-128, §404(17), redesignated par. (29) as (31).Par. (30). Pub. L. 113-128, §404(18), added par. (30). Former par. (30) redesignated (32). Pars. (31), (32). Pub. L. 113-128, §404(17), redesignated pars. (29) and (30) as (31) and (32), respectively. Former pars. (31) and (32) redesignated (33) and (34), respectively.Par. (33). Pub. L. 113-128, §404(19), added par. (33) and struck out former par. (33) which defined "Secretary". Pub. L. 113-128, §404(17), redesignated par. (31) as (33). Former par. (33) redesignated (35). Par. (34). Pub. L. 113-128, §404(17), redesignated par. (32) as (34). Former par. (34) redesignated (36).Pars. (35), (36). Pub. L. 113-128, §404(20), added pars. (35) and (36) and struck out former pars. (35) and (36), which defined "State workforce investment board" and "statewide workforce investment system", respectively. Pub. L. 113-128, §404(17), redesignated pars. (33) and (34) as (35) and (36), respectively. Former pars. (35) and (36) redesignated (38) and (39), respectively.Par. (37). Pub. L. 113-128, §404(16), (21), added par. (37) and struck out former par. (37) which defined "transition services".Pars. (38), (39). Pub. L. 113-128, §404(22), added pars. (38) and (39) and struck out former pars. (38) and (39) which defined "supported employment" and "supported employment services", respectively. Pub. L. 113-128, §404(17), redesignated pars. (35) and (36) as (38) and (39), respectively. Former pars. (38) and (39) redesignated (40) and (41), respectively.Par. (40). Pub. L. 113-128, §404(17), redesignated par. (38) as (40).Par. (41). Pub. L. 113-128, §404(23), substituted "as defined in section 3 of the Workforce Innovation and Opportunity Act" for "as defined in section 101 of the Workforce Investment Act of 1998". Pub. L. 113-128, §404(17), redesignated par. (39) as (41).Par. (42). Pub. L. 113-128, §404(24), added par. (42). 2010-Par. (21)(A)(iii). Pub. L. 111-256 substituted "intellectual disability," for "mental retardation,". 2008-Par. (9)(B). Pub. L. 110-325, §7(1), substituted "the meaning given it in section 12102 of title 42" for "a physical or mental impairment that substantially limits one or more major life activities".Par. (20)(B). Pub. L. 110-325, §7(2), substituted "any person who has a disability as defined in section 12102 of title 42." for "any person who-"(i) has a physical or mental impairment which substantially limits one or more of such person's major life activities;"(ii) has a record of such an impairment; or"(iii) is regarded as having such an impairment."1998- Pub. L. 105-277, §101(f) [title VIII, §402(b)(3)], made technical amendment to section designation and catchline in the original and inserted par. (1) heading. Par. (2)(B). Pub. L. 105-277, §101(f) [title VIII, §402(c)(1)(A)], substituted "nature" for "objectives, nature,". Par. (3). Pub. L. 105-394, §402(a)(1), which directed the amendment of section 6 of the Rehabilitation Act of 1973 by substituting "3002" for "2202(2)", was executed to this section, which is section 7 of that act, to reflect the probable intent of Congress and the renumbering of section 6 as 7 by Pub. L. 105-277, §101(f) [title VIII, §402(a)(1)]. Par. (4). Pub. L. 105-394, §402(a)(2), which directed the amendment of section 6 of the Rehabilitation Act of 1973 by substituting "3002" for "2202(3)", was executed to this section, which is section 7 of that act, to reflect the probable intent of Congress and the renumbering of section 6 as 7 by Pub. L. 105-277, §101(f) [title VIII, §402(a)(1)]. Par. (7). Pub. L. 105-277, §101(f) [title VIII, §402(c)(1)(B)], struck out heading and text of par. (7). Text read as follows: "The term 'criminal act' means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government, which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, or intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime."Par. (16)(A)(iii). Pub. L. 105-277, §101(f) [title VIII, §402(c)(1)(C)], substituted "eligible individual" for "client".Par. (23). Pub. L. 105-244 substituted "section 1001 of title 20" for "section 1141(a) of title 20".Par. (36)(C). Pub. L. 105-277, §101(f) [title VIII, §402(c)(1)(D)], substituted "employment outcome" for "rehabilitation objectives".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-325, §8, Sept. 25, 2008, 122 Stat. 3559, provided that: "This Act [enacting sections 12103 and 12205a of Title 42, The Public Health and Welfare, amending this section, former section 706 of this title, and sections 12101, 12102, 12111 to 12114, 12201, and 12206 to 12213 of Title 42, and enacting provisions set out as notes under section 12101 of Title 42] and the amendments made by this Act shall become effective on January 1, 2009."
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244 see section 3 of Pub. L. 105-244 set out as a note under section 1001 of Title 20, Education.
DEFINITIONSFor meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111-256 see section 2(k) of Pub. L. 111-256 set out as a note under section 1400 of Title 20, Education.