29 U.S.C. § 722 — Eligibility and individualized plan for em-

Page 231 TITLE 29—LABOR § 722 Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 722. Eligibility and individualized plan for em- ployment (a) Eligibility (1) Criterion for eligibility An individual is eligible for assistance under this subchapter if the individual— (A) has undergone an assessment for deter- mining eligibility and vocational rehabilita- tion needs and as a result has been deter- mined to be an individual with a disability under section 705(20)(A) of this title; and (B) requires vocational rehabilitation serv- ices to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this chapter, an individual shall be pre- sumed to have a goal of an employment out- come. (2) Presumption of benefit (A) Applicants For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment out- come from vocational rehabilitation services under section 705(20)(A) of this title. (B) Responsibilities Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual’s disability or that the indi- vidual is ineligible for vocational rehabilita- tion services, the designated State unit shall explore the individual’s abilities, capabili- ties, and capacity to perform in work situa- tions, through the use of trial work experi- ences, as described in section 705(2)(D) of this title, with appropriate supports pro- vided through the designated State unit. Such experiences shall be of sufficient vari- ety and over a sufficient period of time to determine the eligibility of the individual. In providing the trial experiences, the des- ignated State unit shall provide the indi- vidual with the opportunity to try different employment experiences, including sup- ported employment, and the opportunity to become employed in competitive integrated employment. (3) Presumption of eligibility (A) In general For purposes of this section, an individual who has a disability or is blind as deter- mined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) shall be— (i) considered to be an individual with a significant disability under section 705(21)(A) of this title; and (ii) presumed to be eligible for voca- tional rehabilitation services under this subchapter (provided that the individual intends to achieve an employment out- come consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and in- formed choice of the individual) unless the designated State unit involved can dem- onstrate by clear and convincing evidence that such individual is incapable of bene- fiting in terms of an employment outcome due to the severity of the individual’s dis- ability (as of the date of the determina- tion). (B) Construction Nothing in this paragraph shall be con- strued to create an entitlement to any voca- tional rehabilitation service. (4) Use of existing information (A) In general To the maximum extent appropriate and consistent with the requirements of this part, for purposes of determining the eligi- bility of an individual for vocational reha- bilitation services under this subchapter and developing the individualized plan for em- ployment described in subsection (b) for the individual, the designated State unit shall use information that is existing and current (as of the date of the determination of eligi- bility or of the development of the individ- ualized plan for employment), including in- formation available from other programs and providers, particularly information used by education officials and the Social Secu- rity Administration, information provided by the individual and the family of the indi- vidual, and information obtained under the assessment for determining eligibility and vocational rehabilitation needs. (B) Determinations by officials of other agen- cies Determinations made by officials of other agencies, particularly education officials de- scribed in section 721(a)(11)(D) of this title, regarding whether an individual satisfies one or more factors relating to whether an individual is an individual with a disability under section 705(20)(A) of this title or an in- dividual with a significant disability under section 705(21)(A) of this title shall be used, to the extent appropriate and consistent with the requirements of this part, in assist- ing the designated State unit in making such determinations. (C) Basis The determination of eligibility for voca- tional rehabilitation services shall be based on— (i) the review of existing data described in section 705(2)(A)(i) of this title; and (ii) to the extent that such data is un- available or insufficient for determining eligibility, the provision of assessment ac- tivities described in section 705(2)(A)(ii) of this title. Page 232 TITLE 29—LABOR § 722 (5) Determination of ineligibility If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the ex- tent necessary, the assessment activities de- scribed 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 receiv- ing services under an individualized plan for employment is determined to be no longer eli- gible for the services— (A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities; (B) the ineligibility determination in- volved shall be made only after providing an opportunity for full consultation with the individual or, as appropriate, the individ- ual’s representative; (C) the individual or, as appropriate, the individual’s representative, shall be in- formed in writing (supplemented as nec- essary by other appropriate modes of com- munication consistent with the informed choice of the individual) of the ineligibility determination, including— (i) the reasons for the determination, in- cluding the clear and convincing evidence that forms the basis for the determination of ineligibility; and (ii) a description of the means by which the individual may express, and seek a remedy for, any dissatisfaction with the determination, including the procedures for review by an impartial hearing officer under subsection (c); (D) the individual shall be provided with a description of services available from the client assistance program under section 732 of this title and information on how to con- tact that program; and (E) any ineligibility determination that is based on a finding that the individual is in- capable of benefiting in terms of an employ- ment outcome shall be reviewed— (i) within 12 months; and (ii) thereafter, if such a review is re- quested by the individual or, if appro- priate, by the individual’s representative. (6) Timeframe for making an eligibility deter- mination 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 ex- ceed 60 days, after the individual has sub- mitted an application for the services unless— (A) exceptional and unforeseen cir- cumstances beyond the control of the des- ignated State unit preclude making an eligi- bility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or (B) the designated State unit is exploring an individual’s abilities, capabilities, and ca- pacity to perform in work situations under paragraph (2)(B). (b) Development of an individualized plan for employment (1) Options for developing an individualized plan for employment If an individual is determined to be eligible for vocational rehabilitation services as de- scribed in subsection (a), the designated State unit shall complete the assessment for deter- mining eligibility and vocational rehabilita- tion needs, as appropriate, and shall provide the eligible individual or the individual’s rep- resentative, in writing and in an appropriate mode of communication, with information on the individual’s options for developing an indi- vidualized plan for employment, including— (A) information on the availability of as- sistance from a qualified vocational reha- bilitation counselor or, as appropriate, a dis- ability advocacy organization in developing all or part of the individualized plan for em- ployment for the individual, and the avail- ability of technical assistance in developing all or part of the individualized plan for em- ployment for the individual; (B) a description of the full range of com- ponents that shall be included in an individ- ualized plan for employment; (C) as appropriate— (i) an explanation of agency guidelines and criteria associated with financial com- mitments concerning an individualized plan for employment; (ii) additional information the eligible individual requests or the designated State unit determines to be necessary; and (iii) information on the availability of assistance in completing designated State agency forms required in developing an in- dividualized plan for employment; and (D)(i) a description of the rights and rem- edies available to such an individual includ- ing, if appropriate, recourse to the processes set forth in subsection (c); and (ii) a description of the availability of a client assistance program established pursu- ant to section 732 of this title and informa- tion about how to contact the client assist- ance program. (2) Individuals desiring to enter the workforce 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 in- formation on additional supports and assist- ance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning. (3) Mandatory procedures (A) Written document An individualized plan for employment shall be a written document prepared on forms provided by the designated State unit. (B) Informed choice An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in Page 233 TITLE 29—LABOR § 722 selecting an employment outcome, the spe- cific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation serv- ices, and the methods used to procure the services, consistent with subsection (d). (C) Signatories An individualized plan for employment shall be— (i) agreed to, and signed by, such eligible individual or, as appropriate, the individ- ual’s representative; and (ii) approved and signed by a qualified vocational rehabilitation counselor em- ployed by the designated State unit. (D) Copy A copy of the individualized plan for em- ployment 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 represent- ative. (E) Review and amendment The individualized plan for employment shall be— (i) reviewed at least annually by— (I) a qualified vocational rehabilitation counselor; and (II) the eligible individual or, as appro- priate, the individual’s representative; (ii) amended, as necessary, by the indi- vidual or, as appropriate, the individual’s representative, in collaboration with a representative of the designated State agency or a qualified vocational rehabili- tation counselor (to the extent determined to be appropriate by the individual), if there are substantive changes in the em- ployment outcome, the vocational reha- bilitation services to be provided, or the service providers of the services (which amendments shall not take effect until agreed to and signed by the eligible indi- vidual or, as appropriate, the individual’s representative, and by a qualified voca- tional rehabilitation counselor employed by the designated State unit); and (iii) amended, as necessary, to include the postemployment services and service providers that are necessary for the indi- vidual to maintain or regain employment, consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (F) Timeframe for completing the individual- ized plan for employment 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 de- scribed in paragraph (1), unless the des- ignated State unit and the eligible indi- vidual agree to an extension of that deadline to a specific date by which the individual- ized plan for employment shall be com- pleted. (4) Mandatory components of an individualized plan for employment Regardless of the approach selected by an el- igible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of— (A) a description of the specific employ- ment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and in- formed choice of the eligible individual, con- sistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a stu- dent, the description may be a description of the student’s projected postschool employ- ment outcome); (B)(i) a description of the specific voca- tional rehabilitation services that are— (I) needed to achieve the employment outcome, including, as appropriate— (aa) the provision of assistive tech- nology devices and assistive technology services (including referrals described in section 723(a)(3) of this title to the de- vice reutilization programs and dem- onstrations described in subparagraphs (B) and (D) of section 3003(e)(2) of this title through agreements developed under section 721(a)(11)(I) of this title; and (bb) personal assistance services (in- cluding training in the management of such services); (II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student’s employment out- come or projected postschool employment outcome; and (III) provided in the most integrated set- ting that is appropriate for the service in- volved and is consistent with the informed choice of the eligible individual; and (ii) timelines for the achievement of the employment outcome and for the initiation of the services; (C) a description of the entity chosen by the eligible individual or, as appropriate, the individual’s representative, that will provide the vocational rehabilitation services, and the methods used to procure such services; (D) a description of criteria to evaluate progress toward achievement of the employ- ment outcome; (E) the terms and conditions of the indi- vidualized plan for employment, including, as appropriate, information describing— (i) the responsibilities of the designated State unit; (ii) the responsibilities of the eligible in- dividual, including— (I) the responsibilities the eligible in- dividual will assume in relation to the employment outcome of the individual; (II) if applicable, the participation of the eligible individual in paying for the costs of the plan; and Page 234 TITLE 29—LABOR § 722 (III) the responsibility of the eligible individual with regard to applying for and securing comparable benefits as de- scribed in section 721(a)(8) of this title; and (iii) the responsibilities of other entities as the result of arrangements made pursu- ant to comparable services or benefits re- quirements as described in section 721(a)(8) of this title; (F) for an eligible individual with the most significant disabilities for whom an employ- ment outcome in a supported employment setting has been determined to be appro- priate, information identifying— (i) the extended services needed by the eligible individual; and (ii) the source of extended services or, to the extent that the source of the extended services cannot be identified at the time of the development of the individualized plan for employment, a description of the basis for concluding that there is a reasonable expectation that such source will become available; (G) as determined to be necessary, a state- ment of projected need for post-employment services; and (H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Suffi- ciency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19), a description of how responsibility for service delivery will be divided between the employment network and the designated State unit. (c) Procedures (1) In general 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 des- ignated State unit that affect the provision of vocational rehabilitation services to appli- cants or eligible individuals. The procedures shall allow an applicant or an eligible indi- vidual the opportunity to request mediation, an impartial due process hearing, or both pro- cedures. (2) Notification (A) Rights and assistance The procedures shall provide that an appli- cant or an eligible individual or, as appro- priate, the applicant’s representative or in- dividual’s representative shall be notified of— (i) the right to obtain review of deter- minations described in paragraph (1) in an impartial due process hearing under para- graph (5); (ii) the right to pursue mediation with respect to the determinations under para- graph (4); (iii) the availability of assistance from the client assistance program under sec- tion 732 of this title; and (iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any re- quired procedure by which the request shall be made. (B) Timing Such notification shall be provided in writing— (i) at the time an individual applies for vocational rehabilitation services provided under this subchapter; (ii) at the time the individualized plan for employment for the individual is devel- oped; and (iii) upon reduction, suspension, or ces- sation of vocational rehabilitation services for the individual. (3) Evidence and representation The procedures required under this sub- section shall, at a minimum— (A) provide an opportunity for an appli- cant or an eligible individual, or, as appro- priate, the applicant’s representative or in- dividual’s representative, to submit at the mediation session or hearing evidence and information to support the position of the applicant or eligible individual; and (B) include provisions to allow an appli- cant or an eligible individual to be rep- resented in the mediation session or hearing by a person selected by the applicant or eli- gible individual. (4) Mediation (A) Procedures Each State shall ensure that procedures are established and implemented under this subsection to allow parties described in paragraph (1) to disputes involving any de- termination described in paragraph (1) to re- solve such disputes through a mediation process that, at a minimum, shall be avail- able whenever a hearing is requested under this subsection. (B) Requirements Such procedures shall ensure that the me- diation process— (i) is voluntary on the part of the par- ties; (ii) is not used to deny or delay the right of an individual to a hearing under this subsection, or to deny any other right af- forded under this subchapter; and (iii) is conducted by a qualified and im- partial mediator who is trained in effec- tive mediation techniques. (C) List of mediators The State shall maintain a list of individ- uals who are qualified mediators and knowl- edgeable in laws (including regulations) re- lating to the provision of vocational reha- bilitation services under this subchapter, from which the mediators described in sub- paragraph (B) shall be selected. (D) Cost The State shall bear the cost of the medi- ation process. (E) Scheduling Each session in the mediation process shall be scheduled in a timely manner and Page 235 TITLE 29—LABOR § 722 shall be held in a location that is convenient to the parties to the dispute. (F) Agreement An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement. (G) Confidentiality Discussions that occur during the medi- ation 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 re- quired to sign a confidentiality pledge prior to the commencement of such process. (H) Construction Nothing in this subsection shall be con- strued to preclude the parties to such a dis- pute 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 ap- plicant or eligible individual to a hearing under this subsection or to deny any other right afforded under this subchapter. (5) Hearings (A) Officer A due process hearing described in para- graph (2) shall be conducted by an impartial hearing officer who, on reviewing the evi- dence presented, shall issue a written deci- sion 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 deci- sion to the applicant or eligible individual, or, as appropriate, the applicant’s represent- ative 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 regard- ing the applicant’s or eligible individual’s vocational rehabilitation services under this subchapter. (B) List The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable about Federal laws (including regulations) relating to the provi- sion of vocational rehabilitation services under this subchapter from which the officer described in subparagraph (A) shall be se- lected. For the purposes of maintaining such list, impartial hearing officers shall be iden- tified jointly by— (i) the designated State unit; and (ii) members of the Council or commis- sion, as appropriate, described in section 721(a)(21) of this title. (C) Selection Such an impartial hearing officer shall be selected to hear a particular case relating to a determination— (i) on a random basis; or (ii) by agreement between— (I) the Director of the designated State unit and the individual with a disability; or (II) in appropriate cases, the Director and the individual’s representative. (D) Procedures for seeking review A State may establish procedures to en- able a party involved in a hearing under this paragraph to seek an impartial review of the decision of the hearing officer under sub- paragraph (A) by— (i) the chief official of the designated State agency if the State has established both a designated State agency and a des- ignated State unit under section 721(a)(2) of this title; or (ii) an official from the office of the Gov- ernor. (E) Review request 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. (F) Reviewing official The reviewing official described in sub- paragraph (D) shall— (i) in conducting the review, provide an opportunity for the submission of addi- tional evidence and information relevant to a final decision concerning the matter under review; (ii) not overturn or modify the decision of the hearing officer, or part of the deci- sion, that supports the position of the ap- plicant or eligible individual unless the re- viewing official concludes, based on clear and convincing evidence, that the decision of the impartial hearing officer is clearly erroneous on the basis of being contrary to the approved State plan, this chapter (in- cluding regulations implementing this chapter) or any State regulation or policy that is consistent with the Federal re- quirements specified in this subchapter; (iii) make a final decision with respect to the matter in a timely manner and pro- vide such decision in writing to the appli- cant or eligible individual, or, as appro- priate, the applicant’s representative or individual’s representative, and to the des- ignated State unit, including a full report of the findings and the grounds for such decision; and (iv) not delegate the responsibility for making the final decision to any officer or employee of the designated State unit. (G) Finality of hearing decision A decision made after a hearing under sub- paragraph (A) shall be final, except that a party may request an impartial review if the State has established procedures for such re- view under subparagraph (D) and a party in- volved in a hearing may bring a civil action under subparagraph (J). (H) Finality of review A decision made under subparagraph (F) shall be final unless such a party brings a civil action under subparagraph (J). Page 236 TITLE 29—LABOR § 722 (I) Implementation If a party brings a civil action under sub- paragraph (J) to challenge a final decision of a hearing officer under subparagraph (A) or to challenge a final decision of a State re- viewing official under subparagraph (F), the final decision involved shall be implemented pending review by the court. (J) Civil action (i) In general 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 dis- trict court of the United States of com- petent jurisdiction without regard to the amount in controversy. (ii) Procedure In any action brought under this sub- paragraph, the court— (I) shall receive the records relating to the hearing under subparagraph (A) and the records relating to the State review under subparagraphs (D) through (F), if applicable; (II) shall hear additional evidence at the request of a party to the action; and (III) basing the decision of the court on the preponderance of the evidence, shall grant such relief as the court determines to be appropriate. (6) Hearing board (A) In general 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 impar- tial hearing officer under this subsection. (B) Application The provisions of paragraphs (1), (2), and (3) that relate to due process hearings do not apply, and paragraph (5) (other than sub- paragraph (J)) does not apply, to any State to which subparagraph (A) applies. (7) Impact on provision of services Unless the individual with a disability so re- quests, or, in an appropriate case, the individ- ual’s representative, so requests, pending a de- cision by a mediator, hearing officer, or re- viewing officer under this subsection, the des- ignated State unit shall not institute a sus- pension, 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 representa- tive. (8) Information collection and report (A) In general The Director of the designated State unit shall collect information described in sub- paragraph (B) and prepare and submit to the Commissioner a report containing such in- formation. The Commissioner shall prepare a summary of the information furnished under this paragraph and include the sum- mary in the annual report submitted under section 710 of this title. The Commissioner shall also collect copies of the final deci- sions of impartial hearing officers con- ducting hearings under this subsection and State officials conducting reviews under this subsection. (B) Information The information required to be collected under this subsection includes— (i) a copy of the standards used by State reviewing officials for reviewing decisions made by impartial hearing officers under this subsection; (ii) information on the number of hear- ings and reviews sought from the impar- tial hearing officers and the State review- ing officials, including the type of com- plaints and the issues involved; (iii) information on the number of hear- ing decisions made under this subsection that were not reviewed by the State re- viewing officials; and (iv) information on the number of the hearing decisions that were reviewed by the State reviewing officials, and, based on such reviews, the number of hearing deci- sions that were— (I) sustained in favor of an applicant or eligible individual; (II) sustained in favor of the des- ignated State unit; (III) reversed in whole or in part in favor of the applicant or eligible indi- vidual; and (IV) reversed in whole or in part in favor of the designated State unit. (C) Confidentiality The confidentiality of records of appli- cants 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 sub- paragraph (A). (d) Policies and procedures 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 im- plement written policies and procedures that en- able each individual who is an applicant for or eligible to receive vocational rehabilitation services under this subchapter to exercise in- formed choice throughout the vocational reha- bilitation process carried out under this sub- chapter, including policies and procedures that require the designated State agency— (1) to inform each such applicant and eligi- ble individual (including students with disabil- ities who are making the transition from pro- grams under the responsibility of an edu- cational agency to programs under the respon- sibility of the designated State unit), through appropriate modes of communication, about the availability of, and opportunities to exer- Page 237 TITLE 29—LABOR § 722 cise, informed choice, including the avail- ability of support services for individuals with cognitive or other disabilities who require as- sistance in exercising informed choice, throughout the vocational rehabilitation proc- ess; (2) to assist applicants and eligible individ- uals in exercising informed choice in decisions related to the provision of assessment services under this subchapter; (3) to develop and implement flexible pro- curement policies and methods that facilitate the provision of services, and that afford eligi- ble individuals meaningful choices among the methods used to procure services, under this subchapter; (4) to provide or assist eligible individuals in acquiring information that enables those indi- viduals to exercise informed choice under this subchapter in the selection of— (A) the employment outcome; (B) the specific vocational rehabilitation services needed to achieve the employment outcome; (C) the entity that will provide the serv- ices; (D) the employment setting and the set- tings in which the services will be provided; and (E) the methods available for procuring the services; and (5) to ensure that the availability and scope of informed choice provided under this section is consistent with the obligations of the des- ignated State agency under this subchapter. (Pub. L. 93–112, title I, § 102, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1138; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(c)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–415; Pub. L. 113–128, title IV, § 413, July 22, 2014, 128 Stat. 1649.) Editorial Notes REFERENCES IN TEXT The 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 PROVISIONS A 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), 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 rehabili- tation program, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 413(a)(1)(C), which directed the insertion ‘‘at the end’’ of ‘‘For pur- poses of an assessment for determining eligibility and vocational rehabilitation needs under this chapter, an individual shall be presumed to have a goal of an em- ployment 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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘Applicants’’ for ‘‘Demonstration’’ in heading and struck out ‘‘, unless the designated State unit in- volved can demonstrate by clear and convincing evi- dence that such individual is incapable of benefiting in terms of an employment outcome from vocational re- habilitation services due to the severity of the dis- ability 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 subpara- graph (A) is unable to benefit due to the severity of the individual’s disability or that the individual is ineli- gible for vocational rehabilitation services,’’ for ‘‘In making the demonstration required under subpara- graph (A),’’, ‘‘through the designated State unit.’’ for ‘‘through the designated State unit, except under lim- ited circumstances when an individual cannot take ad- vantage of such experiences.’’, and ‘‘individual. In pro- viding 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 ‘‘indi- vidual or to determine the existence of clear and con- vincing 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), sub- stituted ‘‘outcome due to the severity of the individ- ual’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 provi- sions, 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 indi- vidual’’ and ‘‘subchapter is determined not to be’’ for ‘‘subchapter is determined, based on the review of ex- isting data and, to the extent necessary, the assess- ment 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), in- serted ‘‘, including the clear and convincing evidence that forms the basis for the determination of ineligi- bility’’ 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 assist- ance’’ and inserted ‘‘or, as appropriate, a disability ad- vocacy 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). 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;