29 U.S.C. § 723 — Vocational rehabilitation services

Page 238 TITLE 29—LABOR § 723 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), sub- stituted ‘‘choice of the eligible individual, consistent with the general goal of competitive integrated em- ployment (except that in the case of an eligible indi- vidual who is a student, the description may be a de- scription of the student’s projected postschool employ- ment outcome);’’ for ‘‘choice of the eligible individual, and, to the maximum extent appropriate, results in em- ployment 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 eli- gible 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 hear- ing 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 chap- ter), and State regulations and policies that are con- sistent 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 individ- ual’s representative, and to the designated State unit.’’ Subsec. (c)(5)(B). Pub. L. 113–128, § 413(c)(3)(B), sub- stituted ‘‘about Federal laws’’ for ‘‘in laws’’ in intro- ductory 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. § 723. Vocational rehabilitation services (a) Vocational rehabilitation services for individ- uals Vocational rehabilitation services provided under this subchapter are any services described in an individualized plan for employment nec- essary to assist an individual with a disability in preparing for, securing, retaining, or regain- ing an employment outcome that is consistent with the strengths, resources, priorities, con- cerns, abilities, capabilities, interests, and in- formed choice of the individual, including— (1) an assessment for determining eligibility and vocational rehabilitation needs by quali- fied personnel, including, if appropriate, an as- sessment by personnel skilled in rehabilita- tion technology; (2) counseling and guidance, including infor- mation and support services to assist an indi- vidual in exercising informed choice con- sistent with the provisions of section 722(d) of this title; (3) referral and other services to secure need- ed services from other agencies through agree- ments developed under section 721(a)(11) of this title, if such services are not available under this subchapter; (4) job-related services, including job search and placement assistance, job retention serv- ices, followup services, and follow-along serv- ices; (5) vocational and other training services, including the provision of personal and voca- tional adjustment services, books, tools, and other training materials, except that no train- ing services provided at an institution of high- er education shall be paid for with funds under this subchapter unless maximum efforts have been made by the designated State unit and the individual to secure grant assistance, in whole or in part, from other sources to pay for such training; (6) to the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits con- sistent with section 721(a)(8)(A) of this title), other than the designated State unit, diag- nosis and treatment of physical and mental impairments, including— (A) corrective surgery or therapeutic treatment necessary to correct or substan- tially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of such a nature that such correction or modification may reason- ably be expected to eliminate or reduce such impediment to employment within a reason- able length of time; (B) necessary hospitalization in connec- tion with surgery or treatment; (C) prosthetic and orthotic devices; (D) eyeglasses and visual services as pre- scribed by qualified personnel who meet State licensure laws and who are selected by the individual; (E) special services (including transplan- tation and dialysis), artificial kidneys, and supplies necessary for the treatment of indi- viduals with end-stage renal disease; and (F) diagnosis and treatment for mental and emotional disorders by qualified per- sonnel who meet State licensure laws; (7) maintenance for additional costs incurred while participating in an assessment for deter- mining eligibility and vocational rehabilita- tion needs or while receiving services under an individualized plan for employment; (8) transportation, including adequate train- ing in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service de- scribed in this section and needed by the indi- vidual to achieve an employment outcome; (9) on-the-job or other related personal as- sistance services provided while an individual is receiving other services described in this section; (10) interpreter services provided by quali- fied personnel for individuals who are deaf or hard of hearing, and reader services for indi- viduals who are determined to be blind, after an examination by qualified personnel who meet State licensure laws; Page 239 TITLE 29—LABOR § 723 (11) rehabilitation teaching services, and ori- entation and mobility services, for individuals who are blind; (12) occupational licenses, tools, equipment, and initial stocks and supplies; (13) technical assistance and other consulta- tion services to conduct market analyses, de- velop business plans, and otherwise provide re- sources, to the extent such resources are au- thorized to be provided through the statewide workforce development system, to eligible in- dividuals who are pursuing self-employment or telecommuting or establishing a small busi- ness operation as an employment outcome; (14) rehabilitation technology, including telecommunications, sensory, and other tech- nological aids and devices; (15) transition services for students with dis- abilities, that facilitate the transition from school to postsecondary life, such as achieve- ment of an employment outcome in competi- tive integrated employment, or pre-employ- ment transition services; (16) supported employment services; (17) customized employment; (18) encouraging qualified individuals who are eligible to receive services under this sub- chapter to pursue advanced training in a science, technology, engineering, or mathe- matics (including computer science) field, medicine, law, or business; (19) services to the family of an individual with a disability necessary to assist the indi- vidual to achieve an employment outcome; and (20) specific post-employment services nec- essary to assist an individual with a disability to, retain, regain, or advance in employment. (b) Vocational rehabilitation services for groups of individuals Vocational rehabilitation services provided for the benefit of groups of individuals with disabil- ities may also include the following: (1) In the case of any type of small business operated by individuals with significant dis- abilities the operation of which can be im- proved by management services and super- vision provided by the designated State agen- cy, the provision of such services and super- vision, along or together with the acquisition by the designated State agency of vending fa- cilities or other equipment and initial stocks and supplies. (2) The establishment, development, or im- provement of community rehabilitation pro- grams, including, under special circumstances, the construction of a facility. Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employ- ment, including supported employment and customized employment. (3) The use of telecommunications systems (including telephone, television, satellite, radio, and other similar systems) that have the potential for substantially improving de- livery methods of activities described in this section and developing appropriate program- ming to meet the particular needs of individ- uals with disabilities. (4)(A) Special services to provide nonvisual access to information for individuals who are blind, including the use of telecommuni- cations, Braille, sound recordings, or other ap- propriate media. (B) Captioned television, films, or video cas- settes for individuals who are deaf or hard of hearing. (C) Tactile materials for individuals who are deaf-blind. (D) Other special services that provide infor- mation through tactile, vibratory, auditory, and visual media. (5) Technical assistance to businesses that are seeking to employ individuals with disabil- ities. (6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment. (7) Transition services to youth with disabil- ities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 796a of this title), housing and transportation authorities, workforce de- velopment systems, and businesses and em- ployers. (8) The establishment, development, or im- provement of assistive technology demonstra- tion, loan, reutilization, or financing pro- grams in coordination with activities author- ized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers. (9) Support (including, as appropriate, tui- tion) for advanced training in a science, tech- nology, engineering, or mathematics (includ- ing computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this subchapter, dem- onstrates— (A) such eligibility; (B) previous completion of a bachelor’s de- gree program at an institution of higher edu- cation or scheduled completion of such de- gree program prior to matriculating in the program for which the individual proposes to use the support; and (C) acceptance by a program at an institu- tion of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business adminis- tration degree, or a doctor of medicine de- gree, except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and noth- ing in this paragraph shall prevent any des- ignated State unit from providing similar sup- Page 240 TITLE 29—LABOR § 724 port to individuals with disabilities within the State who are eligible to receive support under this subchapter and who are not served under this paragraph. (Pub. L. 93–112, title I, § 103, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1148; amended Pub. L. 113–128, title IV, § 414, July 22, 2014, 128 Stat. 1652.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(7), 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. The Assistive Technology Act of 1998, referred to in subsec. (b)(8), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat. 3627, which is classified principally to chapter 31 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of this title and Tables. PRIOR PROVISIONS A prior section 723, Pub. L. 93–112, title I, § 103, Sept. 26, 1973, 87 Stat. 368; Pub. L. 95–602, title I, § 104, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2), title II, § 204, Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100–630, title II, § 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L. 102–569, title I, §§ 102(p)(9), 124, Oct. 29, 1992, 106 Stat. 4357, 4379; Pub. L. 103–73, title I, § 107(c), Aug. 11, 1993, 107 Stat. 721, related to scope of vocational rehabilita- tion services, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(13). Pub. L. 113–128, § 414(1)(A), sub- stituted ‘‘workforce development system’’ for ‘‘work- force investment system’’. Subsec. (a)(15). Pub. L. 113–128, § 414(1)(B), added par. (15) and struck out former par. (15) which read as fol- lows: ‘‘transition services for students with disabilities, that facilitate the achievement of the employment out- come identified in the individualized plan for employ- ment;’’. Subsec. (a)(17) to (20). Pub. L. 113–128, § 414(1)(C), (D), added pars. (17) and (18) and redesignated former pars. (17) and (18) as (19) and (20), respectively. Subsec. (b)(2). Pub. L. 113–128, § 414(2)(A), struck out subpar. (A) designation, substituted ‘‘Such programs shall be used to provide services described in this sec- tion that promote integration into the community and that prepare individuals with disabilities for competi- tive integrated employment, including supported em- ployment and customized employment.’’ for ‘‘Such pro- grams shall be used to provide services that promote integration and competitive employment.’’, and struck out subpar. (B) which read as follows: ‘‘The provision of other services, that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the individualized plan for employment of any 1 individual with a disability.’’ Subsec. (b)(5). Pub. L. 113–128, § 414(2)(B), added par. (5) and struck out former par. (5) which read as follows: ‘‘Technical assistance and support services to busi- nesses that are not subject to title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking to employ individuals with disabil- ities.’’ Subsec. (b)(6) to (9). Pub. L. 113–128, § 414(2)(C), added pars. (6) to (9) and struck out former par. (6) which read as follows: ‘‘Consultative and technical assistance serv- ices to assist educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.’’ 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. § 724. Non-Federal share for establishment of program or construction For the purpose of determining the amount of payments to States for carrying out part B (or to an Indian tribe under part C), the non-Federal share, subject to such limitations and condi- tions as may be prescribed in regulations by the Commissioner, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting the costs of establishment of a com- munity rehabilitation program or construction, under special circumstances, of a facility for such a program, which would be regarded as State or local funds except for the condition, imposed by the contributor, limiting use of such funds to establishment of such a program or construction of such a facility. (Pub. L. 93–112, title I, § 104, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1151.) Editorial Notes PRIOR PROVISIONS A prior section 724, Pub. L. 93–112, title I, § 104, Sept. 26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, § 122(b)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 205, Oct. 21, 1986, 100 Stat. 1817; Pub. L. 102–569, title I, § 125, Oct. 29, 1992, 106 Stat. 4381, related to non-Federal share for construction, prior to the general amendment of this subchapter by Pub. L. 105–220. § 725. State Rehabilitation Council (a) Establishment (1) In general Except as provided in section 721(a)(21)(A)(i) of this title, to be eligible to receive financial assistance under this subchapter a State shall establish a State Rehabilitation Council (re- ferred to in this section as the ‘‘Council’’) in accordance with this section. (2) Separate agency for individuals who are blind A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under section 721(a)(2)(A)(i) of this title may estab- lish a separate Council in accordance with this section to perform the duties of such a Council with respect to such State agency. (b) Composition and appointment (1) Composition (A) In general Except in the case of a separate Council established under subsection (a)(2), the Council shall be composed of— (i) at least one representative of the Statewide Independent Living Council es- tablished under section 796d of this title, which representative may be the chair- person or other designee of the Council;