To be eligible to receive funds under this subchapter for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act [29 U.S.C. 3112, 3113] . The unified or combined State plan shall include, in the portion of the plan described in section 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.
The State shall not be required to submit, as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A), policies, procedures, or descriptions required under this subchapter that have been previously submitted to the Commissioner and that demonstrate that such State meets the requirements of this subchapter, including any policies, procedures, or descriptions submitted under this subchapter as in effect on the day before the effective date of the Workforce Innovation and Opportunity Act.
The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications as the State determines to be necessary or as the Commissioner may require based on a change in State policy, a change in Federal law (including regulations), an interpretation of this chapter by a Federal court or the highest court of the State, or a finding by the Commissioner of State noncompliance with the requirements of this chapter.
The State plan for vocational rehabilitation services shall designate a State agency as the sole State agency to administer the plan, or to supervise the administration of the plan by a local agency, except that-
The State agency designated under subparagraph (A) shall be-
If the State has designated only 1 State agency pursuant to subparagraph (A), the State may assign responsibility for the part of the plan under which vocational rehabilitation services are provided for individuals who are blind to an organizational unit of the designated State agency and assign responsibility for the rest of the plan to another organizational unit of the designated State agency, with the provisions of subparagraph (B) applying separately to each of the designated State units.
The State plan shall provide for financial participation by the State, or if the State so elects, by the State and local agencies, to provide the amount of the non-Federal share of the cost of carrying out part B.
The State plan shall provide that the plan shall be in effect in all political subdivisions of the State, except that-
In the event that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities in the State who apply for the services, the State plan shall-
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.
The State plan shall provide that the designated State agency, and entities carrying out community rehabilitation programs in the State, who are in receipt of assistance under this subchapter shall take affirmative action to employ and advance in employment qualified individuals with disabilities covered under, and on the same terms and conditions as set forth in, section 793 of this title.
The State plan shall provide that facilities used in connection with the delivery of services assisted under the State plan shall comply with the Act entitled "An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped", approved on August 12, 1968 (commonly known as the "Architectural Barriers Act of 1968") [42 U.S.C. 4151 et seq.], with section 794 of this title, and with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
The State plan shall-
The State plan shall include an assurance that, prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation service to an eligible individual, except those services specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of 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-
For purposes of clause (i), comparable benefits do not include awards and scholarships based on merit.
The State plan shall include an assurance that the Governor of the State, in consultation with the entity in the State responsible for the vocational rehabilitation program and other appropriate agencies, will ensure that an interagency agreement or other mechanism for interagency coordination takes effect between any appropriate public entity, including the State entity responsible for administering the State Medicaid program, a public institution of higher education, and a component of the statewide workforce development system, and the designated State unit, in order to ensure the provision of vocational rehabilitation services described in subparagraph (A) (other than those services specified in paragraph (5)(E), and in paragraphs (1) through (4) and (14) of section 723(a) of this title), and, if appropriate, accommodations or auxiliary aids and services, that are included in the individualized plan for employment of an eligible individual, including the provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services) during the pendency of any dispute described in clause (iii). Such agreement or mechanism shall include the following:
An identification of, or a description of a method for defining, the financial responsibility of such public entity for providing such services, and a provision stating the financial responsibility of such public entity for providing such services.
Information specifying the conditions, terms, and procedures under which a designated State unit shall be reimbursed by other public entities for providing such services, based on the provisions of such agreement or mechanism.
Information specifying procedures for resolving interagency disputes under the agreement or other mechanism (including procedures under which the designated State unit may initiate proceedings to secure reimbursement from other public entities or otherwise implement the provisions of the agreement or mechanism).
Information specifying policies and procedures for public entities to determine and identify the interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of vocational rehabilitation services (except those services specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of section 723(a) of this title), and accommodations or auxiliary aids and services.
Notwithstanding subparagraph (B), if any public entity other than a designated State unit is obligated under Federal or State law, or assigned responsibility under State policy or under this paragraph, to provide or pay for any services that are also considered to be vocational rehabilitation services (other than those specified in paragraph (5)(E) and in paragraphs (1) through (4) and (14) of section 723(a) of this title), such public entity shall fulfill that obligation or responsibility, either directly or by contract or other arrangement.
If a public entity other than the designated State unit fails to provide or pay for the services described in clause (i) for an eligible individual, the designated State unit shall provide or pay for such services to the individual. Such designated State unit may claim reimbursement for the services from the public entity that failed to provide or pay for such services. Such public entity shall reimburse the designated State unit pursuant to the terms of the interagency agreement or other mechanism described in this paragraph according to the procedures established in such agreement or mechanism pursuant to subparagraph (B)(ii).
The Governor of a State may meet the requirements of subparagraph (B) through-
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 subsequent to the determination of the eligibility of the individual for services under this subchapter, 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.
The State plan shall include an assurance that such services will be provided in accordance with the provisions of the individualized plan for employment.
The State plan shall include an assurance that the designated State agency will submit reports in the form and level of detail and at the time required by the Commissioner regarding applicants for, and eligible individuals receiving, services under this subchapter.
In specifying the information to be submitted in the reports, the Commissioner shall require annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in 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 established under this subchapter.
In specifying the information required to be submitted in the reports, the Commissioner shall require additional data, from each State, with regard to applicants and eligible individuals related to-
The Commissioner shall also require that the designated State agency include in the reports information on-
The Commissioner shall require that each designated State unit include in the reports additional information related to the applicants and eligible individuals, obtained either through a complete count or sampling, including-
The State plan shall include an assurance that the information submitted in the reports will include a complete count, except as provided in subparagraph (E), of the applicants and eligible individuals, in a manner permitting the greatest possible cross-classification of data and that the identity of each individual for which information is supplied under this paragraph will be kept confidential.
The disaggregation of data under this chapter shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual.
The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end of the fiscal year involved.
The State plan shall provide that the designated State unit or designated State agency shall enter into a cooperative agreement with other entities that are components of the statewide workforce development system of the State, regarding the system, which agreement may provide for-
The State plan shall provide for the replication of such cooperative agreements at the local level between individual offices of the designated State unit and local entities carrying out activities through the statewide workforce development system.
The State plan shall include descriptions of interagency cooperation with, and utilization of the services and facilities of, Federal, State, and local agencies and programs, including the State programs carried out under section 3003 of this title, programs carried out by the Under Secretary for Rural Development of the Department of Agriculture, noneducational agencies serving out-of-school youth, and State use contracting programs, to the extent that such Federal, State, and local agencies and programs are not carrying out activities through the statewide workforce development system.
The State plan shall contain plans, policies, and procedures for coordination between the designated State agency and education officials responsible for the public education of students with disabilities, that are designed to facilitate the transition of the students with disabilities from the receipt of educational services in school to the receipt of vocational rehabilitation services, including pre-employment transition services, under this subchapter, including information on a formal interagency agreement with the State educational agency that, at a minimum, provides for-
The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of-
The State plan shall include an assurance that the designated State unit, the Statewide Independent Living Council established under section 796d of this title, and the independent 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.
The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, with respect to the delivery 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 Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program.
In applicable cases, the State plan shall include an assurance that the State has entered into a formal cooperative agreement with each grant recipient in the State that receives funds under part C. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to American Indians who are individuals with disabilities, including-
The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 3003 of this title, have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section.
The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b-19) .
The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable.
The State plan shall include an assurance that the State will not impose a residence requirement that excludes from services provided under the plan any individual who is present in the State.
The State plan shall include an assurance that, except as otherwise provided in part C, the designated State agency will provide vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent as the designated State agency provides such services to other significant populations of individuals with disabilities residing in the State.
The State plan shall provide for-
The State plan shall-
The State plan shall include, and shall provide that the State shall annually submit a report to the Commissioner that includes, State estimates of-
The State plan shall identify the goals and priorities of the State in carrying out the program. The goals and priorities shall be jointly developed, agreed to, and reviewed annually by the designated State unit and the State Rehabilitation Council, if the State has such a Council. Any revisions to the goals and priorities shall be jointly agreed to by the designated State unit and the State Rehabilitation Council, if the State has such a Council. The State plan shall provide that the State shall submit to the Commissioner a report containing information regarding revisions in the goals and priorities, for any year in which the State revises the goals and priorities.
The State goals and priorities shall be based on an analysis of-
If the designated State agency uses an order of selection in accordance with paragraph (5), the State shall also identify in the State plan service and outcome goals and the time within which these goals may be achieved for individuals in each priority category within the order.
The State plan shall contain a description of the strategies the State will use to address the needs identified in the assessment conducted under subparagraph (A) and achieve the goals and priorities identified in subparagraph (C), including-
The State plan shall-
The State plan shall-
The State plan shall provide that if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs-
The State plan shall-
The State plan shall include an assurance that applicants and eligible individuals or, as appropriate, the applicants' representatives or individuals' representatives, will be provided information and support services to assist the applicants and individuals in exercising informed choice throughout the rehabilitation process, consistent with the provisions of section 722(d) of this title.
The State plan shall include an assurance that the designated State agency will implement an information and referral system adequate to ensure that individuals with disabilities will be provided accurate vocational rehabilitation information and guidance, using appropriate modes of communication, to assist such individuals in preparing for, securing, retaining, or regaining employment, and will be appropriately referred to Federal and State programs (other than the vocational rehabilitation program carried out under this subchapter), including other components of the statewide workforce development system in the State.
An appropriate referral made through the system shall-
The State plan shall provide that either-
In the case of a State that, under subsection (a)(2), designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administration of such part by a local agency) and designates a separate State agency to administer the rest of the State plan, the State shall either establish a State Rehabilitation Council for each of the two agencies that does not meet the requirements in subparagraph (A)(i), or establish one State Rehabilitation Council for both agencies if neither agency meets the requirements of subparagraph (A)(i).
The State plan shall include an assurance that the State has an acceptable plan for carrying out subchapter VI, including the use of funds under that part to supplement funds made available under part B of this subchapter to pay for the cost of services leading to supported employment.
The plan shall include an assurance that the State will submit to the Commissioner reports containing annual updates of the information required under paragraph (7) (relating to a comprehensive system of personnel development) and any other updates of the information required under this section that are requested by the Commissioner, and annual reports as provided in paragraphs (15) (relating to assessments, estimates, goals and priorities, and reports of progress) and (18) (relating to innovation and expansion), at such time and in such manner as the Secretary may determine to be appropriate.
The State plan shall provide that the designated State agency has the authority to enter into contracts with for-profit organizations for the purpose of providing, as vocational rehabilitation services, on-the-job training and related programs for individuals with disabilities under part A of subchapter VI, upon a determination by such agency that such for-profit organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations.
The State plan shall describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established.
The State plan shall provide an assurance that, with respect to students with disabilities, the State-
The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3121(c), 3123] to increase competitive integrated employment opportunities for individuals with disabilities.
The State plan for vocational rehabilitation services shall be subject to-
Nothing in this part shall be construed to reduce 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 services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved.
1 So in original. The colon probably should be a semicolon.
2 See References in Text note below.
29 U.S.C. § 721
EDITORIAL NOTES
REFERENCES IN TEXTFor the effective date of the Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), 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, 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, referred 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 Tables.The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(7)(A)(v)(II), (10)(D)(i), 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. Title I of the Act is classified generally to subchapter I (§3111 et seq.) of chapter 32 of this title. For complete classification 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 subchapter 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 PROVISIONSA 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), Aug. 11, 1993, 107, 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.
AMENDMENTS2014-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 combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act (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." for "to participate in programs under this subchapter, a State shall submit to the Commissioner a State plan for vocational rehabilitation services 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), substituted "as part of the vocational rehabilitation services portion of the unified or combined State plan submitted 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 Rehabilitation Act Amendments of 1998", which had been translated as "August 7, 1998".Subsec. (a)(1)(C). Pub. L. 113-128, §412(a)(1)(C), substituted "The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications" for "The State plan shall remain in effect subject to the submission 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), substituted "The State plan for vocational rehabilitation services" for "The State plan" in introductory provisions.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 coordination with entities carrying out State programs under section 3003 of this title" after "rehabilitation technology". 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 applicable 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 providing" 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, accommodations or auxiliary aids and services," before "that are included", and substituted "provision of such vocational 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 accommodations or auxiliary aids and services" before period at end.Subsec. (a)(8)(C)(i). Pub. L. 113-128, §412(a)(5)(C), substituted "(5)(E)" for "(5)(D)". Subsec. (a)(10)(B). Pub. L. 113-128, §412(a)(6)(A), substituted "annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in 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), inserted ", 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, including-"(I) the number of individuals determined to be ineligible because they did not require vocational rehabilitation 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 severely 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), substituted "title I of the Workforce Innovation and Opportunity 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 pursuant 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 investment system" in introductory provisions.Subsec. (a)(11)(A)(i)(II). Pub. L. 113-128, §412(a)(7)(A)(iii), substituted "development" for "investment" and inserted "(including programmatic accessibility 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), substituted "workforce development system" for "workforce investment system".Subsec. (a)(11)(C). Pub. L. 113-128, §412(a)(7)(C), inserted "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 Federal, 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), inserted ", including pre-employment transition services," after "vocational rehabilitation services" in introductory 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), redesignated 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), substituted "Semiannual" for "Annual" in heading.Subsec. (a)(14)(A). Pub. L. 113-128, §412(a)(8)(B), substituted "a semiannual" for "an annual", "is employed" for "has achieved an employment outcome", "beginning of such employment, and annually thereafter" for "achievement of the outcome (and thereafter if requested by the individual or, if appropriate, the individual's representative)", and "to competitive integrated employment or training for competitive integrated 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 employment." 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 development 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".
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.