Sec. 412. State plans

3,052 words·~14 min read·/bill/113/hr/798/ih/section-412

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 101(a) ( 29 U.S.C. 721(a) ) is amended— in paragraph (1)— in subparagraph (A), by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor a State plan in accordance with section 112, or a State unified plan in accordance with section 113. The State plan or State unified plan shall include the provisions of a State plan for vocational rehabilitation services, described in this subsection. ; in subparagraph (B)— by striking in the State plan for vocational rehabilitation services, and inserting as part of the vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph (A), ; and by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2012 ; and in subparagraph (C)— by striking The State plan shall remain in effect subject to the submission of such modifications and inserting The vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph

(A)shall remain in effect until the State is required to submit the plan in accordance with subparagraph

(A)or until the submission of such modifications ; and by striking , until the State submits and receives approval of a new State plan ; in paragraph (2)— in subparagraph (A), by striking The State plan and inserting The State plan for vocational rehabilitation services ; and in subparagraph (B)(ii)— in subclause (III), by striking and at the end; in subclause (IV), by striking the period and inserting ; and ; and by adding at the end the following: has the authority and responsibility within the State to ensure that the funds appropriated under this title are expended only in a manner that is consistent with the purposes of this title; and the authority and responsibility described in subparagraph

(aa)may not be delegated to or performed by another agency, including the designated State agency for the vocational rehabilitation program, and or individual. ; in paragraph (5)— in subparagraph (C), by striking and at the end; by redesignating subparagraph

(D)as subparagraph (E); and by inserting after subparagraph

(C)the following: notwithstanding subparagraph (C), assure that the designated State unit may give priority for the provision of services to those eligible individuals who require specific services or equipment in accordance with an approved individualized plan for employment to maintain an employment outcome under the vocational rehabilitation program; and ; in paragraph (6)(B), by striking to employ and advance in employment and inserting to recruit, employ, and advance in competitive integrated employment ; in paragraph (7)(A)(v)— by striking subclause

(I)and inserting the following: a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology, including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ); and ; in paragraph (8)— in subparagraph (A), by striking (5)(D) and inserting (5)(E) ; in subparagraph (B)— in the matter preceding clause

(i)by striking (5)(D) and inserting (5)(E) ; and in clause (iv), by striking (5)(D) and inserting (5)(E) ; and in subparagraph (C)(i), by striking (5)(D) and inserting (5)(E) ; in paragraph (10)— in subparagraph (B), by striking annual and all that follows through of 1998 and inserting annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on those primary indicators of performance (described in section 136(b)(2)(A) of the Workforce Investment Act of 2012) ; in subparagraph (C)— in the matter preceding clause (i), by inserting , from each individual State, after additional data ; in clause (i)(II), by striking determined and all that follows and inserting determined to be ineligible for vocational rehabilitation services, and the reason for such determination of ineligibility (disaggregated by type of disability, and age); ; in clause (ii)— in subclause (I), by striking (5)(D) and inserting (5)(E) ; in subclause (II), by striking and at the end; and by adding at the end the following: the total number of individuals with ongoing open cases (disaggregated by individuals who are in training settings, and individuals who are in postsecondary education), and the services individuals described in this subclause are receiving; the total number of students with disabilities that are receiving pre-employment transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; the total number of students with disabilities that are receiving transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; the number of individuals referred to one-stop centers, as defined in section 134(c) of the Workforce Investment Act of 1998; and the number of individuals referred from such one-stop centers to designated State units and the outcomes of such referrals; ; by striking all of clause

(iii)and inserting the following: the number of applicants and eligible recipients, including the numbers of individuals with significant disabilities, who exited the program carried out under this title and the number who achieved employment outcomes after receiving vocational rehabilitation services, including— the number of youth with disabilities who— entered postsecondary education and the earnings of such youth who completed postsecondary education, by academic fields; attained academic levels and job skills needed for employment, such as a high school diploma, certificate, or other educational credential required for the employment outcome specified in the individual’s individualized plan for employment; entered postsecondary training or programs for apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and the number of youth with disabilities who entered employment; for individuals who obtained an employment outcome with wages— the average length of time for obtaining employment; the average earnings of individuals who obtained an employment outcome; the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or another wage level set by the Commissioner, during such employment; and the number who received employment benefits from an employer during such employment; a comparison, among individuals who obtained employment, of the number of individuals who no longer used public benefits; and for those individuals who received supported employment services— the number of individuals who were employed 6 months after receiving such services; the number of individuals who were employed 12 months after receiving such services; and the number of individuals who earned wages at not less than the minimum wage rate determined under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) during their employment; and ; and by striking clause

(iv)and inserting the following: the transition from school to postsecondary life, including employment, and achievement of the postsecondary vocational goals, of students with disabilities served under the program carried out under this title; and the provision of supported employment services; and ; in subparagraph (E)(ii), by striking of the State and all that follows and inserting of the State in meeting the standards and indicators established pursuant to section 106. ; and by adding at the end the following: The disaggregation of data under this section shall not be required within a category if the number of participants in a category is insufficient to yield statistically reliable information, or required if the results would reveal personally identifiable information about an individual participant. The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 180 days after the end of the fiscal year involved. ; in paragraph (11)— in subparagraph (A)(i)(II), by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; in subparagraph (C)— by inserting the State programs carried out under section 4 of the Assistive Technology Act of 1998 ( after 29 U.S.C. 3003 ), including ; by inserting noneducational agencies serving out-of-school youth, after Agriculture ; and by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; in subparagraph (D)— in clause (ii), by striking completion and inserting implementation ; by redesignating clauses

(iii)and

(iv)as clauses

(iv)and (v), respectively; and by inserting after clause

(ii)the following: identifying options for additional education and training, in order to facilitate the provision of services for youth with disabilities, including transition services for students with disabilities, such as services provided under section 114; ; by redesignating subparagraphs

(E)and

(F)as subparagraphs

(F)and (H), respectively; by inserting after subparagraph

(D)the following: The State plan shall contain plans, policies, and procedures for coordination between the designated State units, State workforce investment boards, local workforce investment boards, and employers that provide for building relationships with employers and identifying community-based competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of transition services for youth with disabilities and students with disabilities, such as services provided under section 114; ; in subparagraph (F), as redesignated by subparagraph

(E)of this paragraph— by inserting chapter 1 of after part C of ; and by inserting , as appropriate before the period; by inserting after subparagraph (F), as redesignated by subparagraph

(E)of this paragraph, the following: The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the State designated agency described in section 125(d) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ) with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home- and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to such individuals receiving Medicaid home- and community-based services in a manner consistent with the person-centered planning process required by Medicaid. ; in subparagraph (H), as redesignated by subparagraph

(E)of this paragraph— in clause (ii)— by inserting on or before near ; and by striking and at the end; by redesignating clause

(iii)as clause (iv); and by inserting after clause

(ii)the following: strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and implementation of the individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)) and, as appropriate, the development and completion of the individualized plans for employment under section 102, in order to enable students with disabilities to achieve employment outcomes; ; and by adding at the end the following: The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section. The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19). ; in paragraph (14)— in the paragraph header, by striking and inserting Annual ; Semiannual in subparagraph (A)— by striking annual and inserting semiannual ; by striking (and thereafter and all that follows through representative) and inserting , and annually thereafter ; and by striking to competitive and all that follows and inserting the following: to competitive integrated employment or training for competitive integrated employment; ; in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the individuals described and all that follows and inserting individuals in attaining competitive integrated employment; and ; and by adding at the end the following: an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year. ; in paragraph (15)— in subparagraph (A)— in clause (i)— in subclause (II), by striking and at the end; and by adding at the end the following: individuals with disabilities receiving Medicaid home- and community-based waiver habilitation services (reference), including pre-vocational and supported employment services; and youth with disabilities, and students with disabilities, including their need for pre-employment transition services described in section 114 or other transition services; and ; and by striking clauses

(ii)and

(iii)and inserting the following: include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), and an assessment as to whether the transition and pre-employment transition services provided under those Acts meet the needs of individuals with disabilities. ; in subparagraph (B)— by redesignating clause

(iii)as clause (iv); and by inserting after clause

(ii)the following: the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and ; and in subparagraph (D)— by redesignating clauses

(iii)through

(v)as clauses

(iv)through (vi); and by inserting after clause

(ii)the following: the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services under section 114); ; in paragraph (20)— by redesignating subparagraph

(B)as subparagraph (C); and by inserting after subparagraph

(A)the following: The State plan shall include an assurance that the designated State unit will make available, to individuals 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— information on the availability of benefits and medical assistance authorized under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and medical assistance authorized under other federally funded programs; information on the availability of assistance through benefits planning and assistance programs authorized under section 1149 of the Social Security Act (42 U.S.C. 1320b–20) and services provided by the State protection and advocacy system and authorized under section 1150 of the Social Security Act ( 42 U.S.C. 1320b–21 ); and in the case of individuals who are also eligible for a ticket under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), general information regarding the options for using the ticket and information on how to contact a program manager of the Ticket to Work and Self-Sufficiency Program to obtain information on approved employment networks, on providers for the benefits planning and assistance programs described in clause

(ii)in the State, and on the services provided by the State protection and advocacy system and described in clause (ii). ; and by adding at the end the following: The State plan shall provide an assurance satisfactory to the Secretary that, with respect to students with disabilities, the State— has developed and will implement— strategies to address the needs identified in the assessments described in paragraph (15); and strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and has developed and will implement a plan to carry out the provision of pre-employment transition services in accordance with section 114. The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations as defined in section 101 of the Workforce Investment Act of 2012 to increase competitive integrated employment opportunities for individuals with disabilities. . Section 101(b) ( 29 U.S.C. 721(b) ) is amended to read as follows: The State plan for vocational rehabilitation services shall be subject to— section 112 of the Workforce Investment Act of 1998, in a case in which that plan is a portion of the State plan described in that section 112; and section 113 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the State unified plan described in that section 113. . Section 101 ( 29 U.S.C. 721 ) is amended by adding at the end the following: Nothing in this part shall be construed to reduce the obligation of a local educational agency or any other agency to provide or pay for any transition services that are allowable under the programs of the respective agencies. .

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