29 U.S.C. § 733 — Provision of pre-employment transition

Page 252 TITLE 29—LABOR § 733 §§ 101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 99–506, title X, § 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842; Pub. L. 100–630, title II, § 202(g), Nov. 7, 1988, 102 Stat. 3306, provided for State allotments to assist in meeting the cost of vocational rehabilitation services, prior to the general amendment of part C of former subchapter I of this chapter by Pub. L. 102–569. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 421(1), inserted ‘‘in- cluding under sections 733 and 794g of this title,’’ after ‘‘all available benefits under this chapter,’’. Subsec. (b). Pub. L. 113–128, § 421(2), struck out ‘‘not later than October 1, 1984,’’ after ‘‘has in effect’’ in in- troductory provisions. Subsec. (e)(1)(A). Pub. L. 113–128, § 421(3)(A), sub- stituted ‘‘After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of’’ for ‘‘The Secretary shall allot’’. Subsec. (e)(1)(E), (F). Pub. L. 113–128, § 421(3)(B), added subpars. (E) and (F). Subsec. (h). Pub. L. 113–128, § 421(4), added subsec. (h) and struck out former subsec. (h) which authorized ap- propriations for fiscal years 1999 through 2003. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original. § 733. Provision of pre-employment transition services (a) In general From the funds reserved under section 730(d) of this title, and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this subchapter. (b) Required activities Funds available under subsection (a) shall be used to make available to students with disabil- ities described in subsection (a)— (1) job exploration counseling; (2) work-based learning experiences, which may include in-school or after school opportu- nities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible; (3) counseling on opportunities for enroll- ment in comprehensive transition or postsec- ondary educational programs at institutions of higher education; (4) workplace readiness training to develop social skills and independent living; and (5) instruction in self-advocacy, which may include peer mentoring. (c) Authorized activities Funds available under subsection (a) and re- maining after the provision of the required ac- tivities described in subsection (b) may be used to improve the transition of students with dis- abilities described in subsection (a) from school to postsecondary education or an employment outcome by— (1) implementing effective strategies to in- crease the likelihood of independent living and inclusion in communities and competitive in- tegrated workplaces; (2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment; (3) providing instruction to vocational reha- bilitation counselors, school transition per- sonnel, and other persons supporting students with disabilities; (4) disseminating information about innova- tive, effective, and efficient approaches to achieve the goals of this section; (5) coordinating activities with transition services provided by local educational agen- cies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (6) applying evidence-based findings to im- prove policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section; (7) developing model transition demonstra- tion projects; (8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and (9) disseminating information and strategies to improve the transition to postsecondary ac- tivities of individuals who are members of tra- ditionally unserved populations. (d) Pre-employment transition coordination Each local office of a designated State unit shall carry out responsibilities consisting of— (1) attending individualized education pro- gram meetings for students with disabilities, when invited; (2) working with the local workforce devel- opment boards, one-stop centers, and employ- ers to develop work opportunities for students with disabilities, including internships, sum- mer employment and other employment op- portunities available throughout the school year, and apprenticeships; (3) work with schools, including those car- rying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Dis- abilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services under this section; and (4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (e) National pre-employment transition coordina- tion The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. (f) Support In carrying out this section, States shall ad- dress the transition needs of all students with disabilities, including such students with phys- ical, sensory, intellectual, and mental health disabilities. (Pub. L. 93–112, title I, § 113, as added Pub. L. 113–128, title IV, § 422, July 22, 2014, 128 Stat. 1657.) Page 253 TITLE 29—LABOR § 741 Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5), 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 sec- tion 1400 of Title 20 and Tables. The Social Security Act, referred to in subsec. (d)(4), 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. 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. PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES § 741. Vocational rehabilitation services grants (a) Governing bodies of Indian tribes; amount; non-Federal share The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Fed- eral and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for American Indians who are individuals with dis- abilities residing on or near such reservations (referred to in this section as ‘‘eligible individ- uals’’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abili- ties, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-suffi- ciency. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the pur- poses of this chapter. (b) Application; effective period; continuation of programs and services; separate service de- livery systems (1) No grant may be made under this part for any fiscal year unless an application therefor has been submitted to and approved by the Com- missioner. The Commissioner may not approve an application unless the application— (A) is made at such time, in such manner, and contains such information as the Commis- sioner may require; (B) contains assurances that the rehabilita- tion services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this subchapter to other indi- viduals with disabilities residing in the State and that, where appropriate, may include serv- ices traditionally used by Indian tribes; (C) contains assurances that the application was developed in consultation with the des- ignated State unit of the State; and (D) contains assurances that— (i) all decisions affecting eligibility for vo- cational rehabilitation services, the nature and scope of available vocational rehabilita- tion services and the provision of such serv- ices will, consistent with this subchapter, be made by a representative of the tribal voca- tional rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. (2) The provisions of sections 5305, 5306, 5307, and 5321(a) of title 25 shall be applicable to any application submitted under this part. For pur- poses of this paragraph, any reference in any such provision to the Secretary of Education or to the Secretary of the Interior shall be consid- ered to be a reference to the Commissioner. (3) Any application approved under this part shall be effective for not more than 60 months, except as determined otherwise by the Commis- sioner pursuant to prescribed regulations. The State shall continue to provide vocational reha- bilitation services under its State plan to Amer- ican Indians residing on or near a reservation whenever such State includes any such Amer- ican Indians in its State population under sec- tion 730(a)(1) of this title. (4) In making grants under this part, the Sec- retary shall give priority consideration to appli- cations for the continuation of programs which have been funded under this part. (5) Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas. (c) Funds reserved for training and technical as- sistance (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Com- missioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agree- ments with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements. (4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an ap- plication to the Commissioner at such time, in such manner, and containing a proposal to pro- vide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not govern-