Sec. 404. Definitions
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Section 7 ( 29 U.S.C. 705 ) is amended— in paragraph (2)— in the matter preceding subparagraph (A), by inserting after means the following: an assessment that presumes the attainment of an employment outcome for all individuals with disabilities (including individuals with significant disabilities and individuals with the most significant disabilities), and that relies on ; and in subparagraph (B)— in clause (iii), by striking and at the end; in clause (iv), by striking the semicolon and inserting ; and ; and by adding at the end the following: to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; ; in paragraph (5)— in the matter preceding subparagraph (A), by striking for employment, including career advancement and inserting for competitive integrated employment and for career advancement, including ; by redesignating subparagraphs
(O)through
(Q)as subparagraphs
(P)through (R); by inserting after subparagraph
(N)the following: customized employment services; ; and in subparagraph (R), as redesignated by subparagraph
(B)of this paragraph, by striking
(P)and inserting
(Q); by redesignating paragraphs
(6)as paragraph
(7)and inserting after paragraph
(5)the following new paragraph: The term competitive integrated employment means work by an employee who is an individual with a disability— that is compensated at a rate that— is the same rate as the rate for other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and shall be in accordance with the applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law; for which the employee receives health and employment benefits comparable to those of other employees; that is at a location typically found in the community where the employee interacts frequently with other employees and individuals who are not individuals with disabilities to the same extent that non-disabled employees in comparable positions interact with others; and that provides opportunities for advancement that are equivalent to those for other employees who are not individuals with disabilities and who have comparable positions. The term competitive integrated employment includes integrated employment resulting from the provision of customized employment strategies or supported employment services, provided the work involved satisfies the criteria described in subparagraph (A). The term competitive integrated employment includes self-employment or micro-enterprises, as long as the work involved satisfies the criteria described in subparagraph (A). ; by redesignating paragraphs
(8)through
(28)as paragraphs
(9)through (29), respectively, and inserting after paragraph
(7)the following: The term customized employment means an employment outcome in competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— job exploration by the individual; and working with an employer to facilitate placement, including— customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; developing a set of job duties (including a work schedule) and specifics of supervision (including performance evaluation and review), and determining job location; representation by a professional chosen by the individual, or self-representation by the individual, in working with an employer to facilitate placement; and providing services and supports at the job location. ; in paragraph
(12)(as so redesignated)— in subparagraph (A), by striking competitive employment in the integrated labor market and inserting competitive integrated employment ; and in subparagraph (C), by inserting customized employment, after outcome of ; in paragraph
(18)(as so redesignated)— by striking the and at the end of subparagraph (C); in subparagraph (D), by striking the period at the end and inserting a semicolon; and by adding at the end the following: transition and prevention services that— facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the required supports and services; provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and facilitate the transition of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment; and services to promote full access to community life. ; in paragraph (21)(B), by striking and VII and inserting VII, and VIII ; by redesignating paragraphs
(29)through
(34)as paragraphs
(32)through (37), respectively; by inserting after paragraph
(29)the following: The term post-employment service means a service identified under section 103(a) that is— provided subsequent to the achievement of an employment outcome; and necessary for an individual to maintain or regain an employment outcome in competitive integrated employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. The term pre-employment transition services means a coordinated set activities for an eligible student with a disability, designed within an outcome-oriented process, that promotes movement from school to any of the following post-school activities: postsecondary education, vocational training, competitive integrated employment (including supported employment), adult education, adult services, independent living, or community participation. The term pre-employment transition services means a set of services, that is available to students with disabilities, and that makes available, at a minimum— career counseling; work-based learning experience, including in-school and after school work experience, or work experience outside the traditional school setting (such as experience through job training or internships), that is provided in an integrated environment to the maximum extent possible; counseling on opportunities for enrollment in a comprehensive transition or postsecondary educational program at an institution of higher education; school-based preparatory employment experiences such as role playing, social skills development, and independent living training, coordinated with any transition services provided by the local educational agency under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); and training in self-advocacy, individual rights, self-determination skills, and the informed consent process, as well as peer mentoring. For purposes of subparagraph (A), the coordinated set of activities shall be based on the individual student’s needs, taking into account the student’s preferences and interests, and shall include education and training, community experiences, the development of employment and other adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ; by redesignating paragraphs
(35)through
(39)as paragraphs
(39)through (43), respectively, and inserting after paragraph
(37)(as so redesignated) the following: The term student with a disability means an individual with a disability who— attends a secondary school; is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); and is not older than 21 years of age; or if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), is not older than that maximum age; and is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or is an individual with a disability, for purposes of section 504. ; by striking paragraphs
(38)and (39), as redesignated by paragraph (12), and inserting the following: The term supported employment means an employment outcome in competitive integrated employment, including customized employment, that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— for whom competitive integrated employment has not historically occurred; or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; who, because of the nature and severity of their disability— need intensive supported employment services for the period described in paragraph (39); and need extended services described in paragraph
(13)in order to continue to perform in such work beyond the period described in paragraph (39); and to the extent that on-going extended services, as described in paragraph
(13)of this section, are needed, the designated State unit will assist the individual in identifying providers of those services. The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in an employment, outcome that— are provided singly or in combination and organized and made available in such a way as to assist an eligible individual to succeed in competitive integrated employment; are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and are provided by the designated State unit for a period of not more than 24 months, except that the period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; and by inserting after paragraph
(43)(as so redesignated) the following: The term youth with a disability means an individual with a disability who— is not younger than 14 years of age; and is not older than 24 years of age. .
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