Sec. 504. 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 a goal 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; ; by striking paragraphs
(3)and
(4)and inserting the following: The term assistive technology has the meaning given such term in section 3 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002 ). The term assistive technology device has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section to the term individuals with disabilities shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)). The term assistive technology service has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section— to the term individual with a disability shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and to the term individuals with disabilities shall be deemed to mean more than 1 such individual. ; by redesignating paragraph
(5)as paragraph (4); in paragraph (4), as redesignated by paragraph (3)— 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
(A)of this paragraph, by striking
(P)and inserting
(Q); by inserting before paragraph
(6)the following: The term competitive integrated employment means work, including self-employment, performed 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; or in the case of an individual who is self-employed, at an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; due to which the employee is eligible for the same employment benefits as are provided to other employees; that is at a location where the employee has the opportunity to interact with other employees who are not individuals with disabilities (not including supervisory personnel); and that presents 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, as long as the work involved satisfies the criteria described in subparagraph (A). ; in paragraph (6)(B), by striking includes and all that follows through fees and inserting includes architects' fees ; by inserting after paragraph
(6)the following: The term customized employment means 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, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and providing services and supports at the job location. ; in paragraph (9)(B), by striking 14, and inserting 14, 14A, ; in paragraph (11)— in subparagraph (A), by striking competitive and all that follows and inserting competitive integrated employment; ; and in subparagraph (C)— by inserting of Labor after Secretary ; and by inserting customized employment, before self-employment, ; in paragraph (12), by inserting of Labor after Secretary each place it appears; in paragraph (14)(C), by inserting of Labor after Secretary ; in paragraph (17)— 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: services that— facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite 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 (18), by striking term and all that follows through includes— and inserting term ; independent living services includes— in paragraph (20)(B)— by striking 14, and inserting 14, 14A, ; and by striking and VII and inserting VII, and VIII ; in paragraph (23), by striking section 101 and inserting section 102 ; by striking paragraph
(25)and inserting the following: The term local workforce development board means a local board, as defined in section 101 of the Workforce Investment Act of 2013. ; by striking paragraph (37); by redesignating paragraphs
(29)through
(39)as paragraphs
(31)through (36), and
(38)through (41), respectively; by inserting after paragraph
(28)the following: The term postemployment 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 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 of activities for a student with a disability who is eligible or potentially eligible for services under title I, designed within an outcome-oriented process, that promotes movement from school to postschool activities, including 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 who are eligible or potentially eligible for services under title I, and that makes available— job exploration counseling; work-based learning experience, such as in-school or 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 instruction 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 provided in a manner that leverages appropriate resources and services available outside the vocational rehabilitation program described in title I and shall be based on the individual needs of a student with a disability, 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 striking paragraph (33), as redesignated by paragraph (18), and inserting the following: Unless where the context otherwise requires, the term Secretary — used in title I, III, V, VI, or VIII, means the Secretary of Labor; and used in title II or VII, means the Secretary of Health and Human Services. ; by striking paragraphs
(35)and (36), as redesignated by paragraph (18), and inserting the following: The term State workforce development board means a State board, as defined in section 101 of the Workforce Investment Act of 2013. The term statewide workforce development system means a workforce development system, as defined in section 101 of the Workforce Investment Act of 2013. ; by inserting after that paragraph
(36)the following: The term student with a disability means an individual with a disability who— attends an elementary school, secondary school, or institution of higher education; 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)); or if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this Act, is not younger than that minimum age; 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. The term students with disabilities means more than 1 student with a disability. ; by striking paragraphs
(38)and (39), as redesignated by paragraph (18), and inserting the following: The term supported employment means competitive integrated employment, including customized employment, that is individualized and customized consistent with the strengths, abilities, 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; and who, because of the nature and severity of their disability, need intensive supported employment services and may need extended services after the transition described in paragraph (13)(C), in order to perform the work involved. 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 supported employment, that— are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve an employment outcome 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 that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; in paragraph (41), as redesignated by paragraph (18), by striking 1998 and inserting 2013 ; and by inserting after paragraph (41), as redesignated by paragraph (18), 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 25 years of age. The term youth with disabilities means more than 1 youth with a disability. .
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