An individual is eligible for assistance under this subchapter if the individual-
For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this chapter, an individual shall be presumed to have a goal of an employment outcome.
For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from vocational rehabilitation services under section 705(20)(A) of this title.
Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, the designated State unit shall explore the individual's abilities, capabilities, and capacity to perform in work situations, through the use of trial work experiences, as described in section 705(2)(D) of this title, with appropriate supports provided through the designated State unit. Such experiences shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment.
For purposes of this section, an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) shall be-
Nothing in this paragraph shall be construed to create an entitlement to any vocational rehabilitation service.
To the maximum extent appropriate and consistent with the requirements of this part, for purposes of determining the eligibility of an individual for vocational rehabilitation services under this subchapter and developing the individualized plan for employment described in subsection (b) for the individual, the designated State unit shall use information that is existing and current (as of the date of the determination of eligibility or of the development of the individualized plan for employment), including information available from other programs and providers, particularly information used by education officials and the Social Security Administration, information provided by the individual and the family of the individual, and information obtained under the assessment for determining eligibility and vocational rehabilitation needs.
Determinations made by officials of other agencies, particularly education officials described 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 individual 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 assisting the designated State unit in making such determinations.
The determination of eligibility for vocational rehabilitation services shall be based on-
If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 705(2)(A)(ii) of this title, an individual who applies for services under this subchapter is determined not to be eligible for the services, or if an eligible individual receiving services under an individualized plan for employment is determined to be no longer eligible for the services-
The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this subchapter within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application for the services unless-
If an individual is determined to be eligible for vocational rehabilitation services as described in subsection (a), the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs, as appropriate, and shall provide the eligible individual or the individual's representative, in writing and in an appropriate mode of communication, with information on the individual's options for developing an individualized plan for employment, including-
For an individual entitled to benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of a disability or blindness, the designated State unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning.
An individualized plan for employment shall be a written document prepared on forms provided by the designated State unit.
An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services, consistent with subsection (d).
An individualized plan for employment shall be-
A copy of the individualized plan for employment for an eligible individual shall be provided to the individual or, as appropriate, to the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, of the individual's representative.
The individualized plan for employment shall be-
The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed.
Regardless of the approach selected by an eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of-
Each State shall establish procedures for mediation of, and procedures for review through an impartial due process hearing of, determinations made by personnel of the designated State unit that affect the provision of vocational rehabilitation services to applicants or eligible individuals. The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures.
The procedures shall provide that an applicant or an eligible individual or, as appropriate, the applicant's representative or individual's representative shall be notified of-
Such notification shall be provided in writing-
The procedures required under this subsection shall, at a minimum-
Each State shall ensure that procedures are established and implemented under this subsection to allow parties described in paragraph (1) to disputes involving any determination described in paragraph (1) to resolve such disputes through a mediation process that, at a minimum, shall be available whenever a hearing is requested under this subsection.
Such procedures shall ensure that the mediation process-
The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under this subchapter, from which the mediators described in subparagraph (B) shall be selected.
The State shall bear the cost of the mediation process.
Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.
Nothing in this subsection shall be construed to preclude the parties to such a dispute from informally resolving the dispute prior to proceedings under this paragraph or paragraph (5), if the informal process used is not used to deny or delay the right of the applicant or eligible individual to a hearing under this subsection or to deny any other right afforded under this subchapter.
A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this chapter (including regulations implementing this chapter), and State regulations and policies that are consistent with the Federal requirements specified in this subchapter. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant's representative or individual's representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this subchapter.
The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable about Federal laws (including regulations) relating to the provision of vocational rehabilitation services under this subchapter from which the officer described in subparagraph (A) shall be selected. For the purposes of maintaining such list, impartial hearing officers shall be identified jointly by-
Such an impartial hearing officer shall be selected to hear a particular case relating to a determination-
A State may establish procedures to enable a party involved in a hearing under this paragraph to seek an impartial review of the decision of the hearing officer under subparagraph (A) by-
If the State establishes impartial review procedures under subparagraph (D), either party may request the review of the decision of the hearing officer within 20 days after the decision.
The reviewing official described in subparagraph (D) shall-
A decision made after a hearing under subparagraph (A) shall be final, except that a party may request an impartial review if the State has established procedures for such review under subparagraph (D) and a party involved in a hearing may bring a civil action under subparagraph (J).
A decision made under subparagraph (F) shall be final unless such a party brings a civil action under subparagraph (J).
If a party brings a civil action under subparagraph (J) to challenge a final decision of a hearing officer under subparagraph (A) or to challenge a final decision of a State reviewing official under subparagraph (F), the final decision involved shall be implemented pending review by the court.
Any party aggrieved by a final decision described in subparagraph (I), may bring a civil action for review of such decision. The action may be brought in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.
In any action brought under this subparagraph, the court-
A fair hearing board, established by a State before January 1, 1985, and authorized under State law to review determinations or decisions under this chapter, is authorized to carry out the responsibilities of the impartial hearing officer under this subsection.
The provisions of paragraphs (1), (2), and (3) that relate to due process hearings do not apply, and paragraph (5) (other than subparagraph (J)) does not apply, to any State to which subparagraph (A) applies.
Unless the individual with a disability so requests, or, in an appropriate case, the individual's representative, so requests, pending a decision by a mediator, hearing officer, or reviewing officer under this subsection, the designated State unit shall not institute a suspension, reduction, or termination of services being provided for the individual, including evaluation and assessment services and plan development, unless such services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual, or the individual's representative.
The Director of the designated State unit shall collect information described in subparagraph (B) and prepare and submit to the Commissioner a report containing such information. The Commissioner shall prepare a summary of the information furnished under this paragraph and include the summary in the annual report submitted under section 710 of this title. The Commissioner shall also collect copies of the final decisions of impartial hearing officers conducting hearings under this subsection and State officials conducting reviews under this subsection.
The information required to be collected under this subsection includes-
The confidentiality of records of applicants and eligible individuals maintained by the designated State unit shall not preclude the access of the Commissioner to those records for the purposes described in subparagraph (A).
Each designated State agency, in consultation with the State Rehabilitation Council, if the State has such a council, shall, consistent with section 720(a)(3)(C) of this title, develop and implement written policies and procedures that enable each individual who is an applicant for or eligible to receive vocational rehabilitation services under this subchapter to exercise informed choice throughout the vocational rehabilitation process carried out under this subchapter, including policies and procedures that require the designated State agency-
29 U.S.C. § 722
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsecs. (a)(3)(A) and (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVI of the Act are classified generally to subchapters II (§401 et seq.) and XVI (§1381 et seq.), respectively, 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.
PRIOR PROVISIONSA prior section 722, Pub. L. 93-112, title I, §102, Sept. 26, 1973, 87 Stat. 368; Pub. L. 93-516, title I, §111(e), Dec. 7, 1974, 88 Stat. 1620; Pub. L. 93-651, title I, §111(e), Nov. 21, 1974, 89 Stat. 2-5; Pub. L. 95-602, title I, §§103, 122(b)(1), Nov. 6, 1978, 92 Stat. 2959, 2987; Pub. L. 98-221, title I, §§104(a)(3), 112, Feb. 22, 1984, 98 Stat. 18, 20; Pub. L. 99-506, title I, §103(d)(2)(A), (B), title II, §203, title X, §1001(b)(5), Oct. 21, 1986, 100 Stat. 1810, 1815, 1842; Pub. L. 100-630, title II, §202(c), Nov. 7, 1988, 102 Stat. 3305; Pub. L. 102-569, title I, §§102(p)(8), Oct. 29, 1992, 123, Oct. 29, 1992, 106 Stat. 4357, 4375; Pub. L. 103-73, title I, §107(b), Aug. 11, 1993, 107 Stat. 720, related to individualized written rehabilitation program, prior to the general amendment of this subchapter by Pub. L. 105-220.
AMENDMENTS2014-Subsec. (a)(1). Pub. L. 113-128, §413(a)(1)(C), which directed the insertion "at the end" of "For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this chapter, an individual shall be presumed to have a goal of an employment outcome.", was executed by inserting text as concluding provisions of par. (1) to reflect the probable intent of Congress.Subsec. (a)(1)(A). Pub. L. 113-128, §413(a)(1)(A), substituted "has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an" for "is an".Subsec. (a)(1)(B). Pub. L. 113-128, §413(a)(1)(B), substituted "advance in, or regain employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice." for "or regain employment."Subsec. (a)(2)(A). Pub. L. 113-128, §413(a)(2)(A), substituted "Applicants" for "Demonstration" in heading and struck out ", unless the designated State unit involved can demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual" before period at end.Subsec. (a)(2)(B). Pub. L. 113-128, §413(a)(2)(B), in heading, substituted "Responsibilities" for "Methods" and, in text, substituted "Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services," for "In making the demonstration required under subparagraph (A),", "through the designated State unit." for "through the designated State unit, except under limited circumstances when an individual cannot take advantage of such experiences.", and "individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment." for "individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual."Subsec. (a)(3)(A)(ii). Pub. L. 113-128, §413(a)(3), substituted "outcome due to the severity of the individual's disability (as of the date of the determination)." for "outcome from vocational rehabilitation services due to the severity of the disability of the individual in accordance with paragraph (2)."Subsec. (a)(5). Pub. L. 113-128, §413(a)(4)(B), (C), added subpar. (A) and redesignated former subpars. (A) to (D) as (B) to (E), respectively. Pub. L. 113-128, §413(a)(4)(A), in introductory provisions, substituted "If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 705(2)(A)(ii) of this title, an individual" for "If an individual" and "subchapter is determined not to be" for "subchapter is determined, based on the review of existing data and, to the extent necessary, the assessment activities described in section 705(2)(A)(ii) of this title, not to be".Subsec. (a)(5)(C)(i). Pub. L. 113-128, §413(a)(4)(D), inserted ", including the clear and convincing evidence that forms the basis for the determination of ineligibility" after "determination".Subsec. (b)(1)(A). Pub. L. 113-128, §413(b)(1), struck out ", to the extent determined to be appropriate by the eligible individual," after "availability of assistance" and inserted "or, as appropriate, a disability advocacy organization" after "counselor".Subsec. (b)(2). Pub. L. 113-128, §413(b)(3), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 113-128, §413(b)(2), redesignated par. (2) as (3). Former par. (3) redesignated (4).Subsec. (b)(3)(E)(iii). Pub. L. 113-128, §413(b)(4)(A), added cl. (iii). Subsec. (b)(3)(F). Pub. L. 113-128, §413(b)(4)(B), added subpar. (F).Subsec. (b)(4). Pub. L. 113-128, §413(b)(2), redesignated par. (3) as (4).Subsec. (b)(4)(A). Pub. L. 113-128, §413(b)(5)(A), substituted "choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome);" for "choice of the eligible individual, and, to the maximum extent appropriate, results in employment in an integrated setting;". Subsec. (b)(4)(B)(i). Pub. L. 113-128, §413(b)(5)(B), added subcls. (I) and (II), redesignated former subcl. (II) as (III), and struck out former subcl. (I) which read as follows: "needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices and assistive technology services, and personal assistance services, including training in the management of such services; and". Subsec. (b)(4)(H). Pub. L. 113-128, §413(b)(5)(C)-(E), added subpar. (H).Subsec. (c)(1). Pub. L. 113-128, §413(c)(1), inserted at end "The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures."Subsec. (c)(2)(A)(iv). Pub. L. 113-128, §413(c)(2), added cl. (iv).Subsec. (c)(5)(A). Pub. L. 113-128, §413(c)(3)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who shall issue a decision based on the provisions of the approved State plan, this chapter (including regulations implementing this chapter), and State regulations and policies that are consistent with the Federal requirements specified in this subchapter. The officer shall provide the decision in writing to the applicant or eligible individual, or, as appropriate, the applicant's representative or individual's representative, and to the designated State unit."Subsec. (c)(5)(B). Pub. L. 113-128, §413(c)(3)(B), substituted "about Federal laws" for "in laws" in introductory provisions.1998-Subsec. (c)(5)(F)(iv). Pub. L. 105-277 added cl. (iv).
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.