Sec. 513. Eligibility and individualized plan for employment

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Section 102(a) ( 29 U.S.C. 722(a) ) is amended— in paragraph (1)(B), by striking regain employment and inserting regain employment, including accomplishing career advancement, in employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice ; in paragraph (2)— in subparagraph (A)— in the subparagraph header, by striking and inserting Demonstration ; and Applicants by striking , unless and all that follows and inserting a period; and in subparagraph (B)— in the subparagraph header, by striking and inserting Methods ;

Responsibilities in the first sentence— by striking In making the demonstration required under subparagraph (A), and inserting 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 individual is ineligible for vocational rehabilitation services, ; and by striking , except under and all that follows and inserting a period; and in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing 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. ; in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome, including supported employment, from vocational rehabilitation services due to the current (as of the date of the determination) severity of the disability of the individual. ; and in paragraph (5)— in the matter preceding subparagraph (A)— by striking If an individual and inserting 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 7(2)(A)(ii), an individual ; and by striking is determined and all that follows through not to be and inserting is determined not to be ; by redesignating subparagraphs

(A)through

(D)as subparagraphs

(B)through (E), respectively; by inserting before subparagraph

(B)the following: 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; ; and in clause

(i)of subparagraph (C), as redesignated by subparagraph

(B)of this paragraph, by inserting after determination the following: , including clear and convincing evidence that forms the basis for the determination of ineligibility . Section 102(b) ( 29 U.S.C. 722(b) ) is amended— in paragraph (1)— in subparagraph (A), by striking , to the extent determined to be appropriate by the eligible individual, ; by redesignating subparagraphs (B), (C), and

(D)as subparagraphs (C), and (D), and (E), respectively; and by inserting after subparagraph

(A)the following: information on the availability of assistance from consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an individual in the development of an individualized plan for employment, in order to ensure that the plan reflects the informed and effective choices of the individual; ; by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; by inserting after paragraph

(1)the following: 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 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; general 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 subparagraph

(B)in the State, and on the services provided by the State protection and advocacy system and described in subparagraph (B). ; in paragraph (3), as redesignated by paragraph

(2)of this subsection— in subparagraph (E)— in clause (i), by striking and at the end; in clause (ii), by striking the period and inserting ; and ; and by adding at the end the following: amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and by adding at the end the following: 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 described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. In the event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual shall have the right to request the procedures described in subsection (c). If the eligible individual requests a hearing, the hearing officer shall have the authority to order the designated State unit to complete the individualized plan for employment within a reasonable period of time. ; and in paragraph (4), as redesignated by paragraph

(2)of this subsection— in subparagraph (A)— by inserting in competitive integrated employment after outcome ; and by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome); ; in subparagraph (B)(i)— by redesignating subclause

(II)as subclause (III); and by striking subclause

(I)and inserting the following: needed to achieve the employment outcome, including, as appropriate— the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs

(B)and

(D)of section 4(e)(2) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(e)(2) ) through agreements developed under section 101(a)(11)(H); mentoring services; and personal assistance services (including training in the management of such services); in the case of a plan for an eligible individual that is a student, the specific transition services and supports (including work experience, mentoring activities, and supported employment) needed to achieve the student's employment outcome or projected postschool employment outcome; and ; in subparagraph (F), by striking and at the end; in subparagraph (G), by striking the period and inserting ; and ; and by adding at the end the following: for an individual who also is receiving assistance from 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 ), a list of the services that are listed in the individual work plan that the individual developed with the employment network under subsection

(g)of that section, and a description of how responsibility for service delivery will be divided between the employment network and the designated State unit. . Section 102(c) ( 29 U.S.C. 722(c) ) is amended— in paragraph (1), by adding at the end the following: The procedures shall allow an applicant or an eligible individual or, as appropriate, the applicant's representative or individual's representative, the opportunity to request mediation, an impartial due process hearing, or both procedures. ; in paragraph (2)— in subparagraph (A)— in clause (ii), by striking and at the end; in clause (iii), by striking the period and inserting ; and ; and by adding at the end the following: 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 required procedure by which the request shall be made. ; and in subparagraph (B)(iii), by inserting the denial, before reduction, ; and in paragraph (5)— by striking subparagraph

(A)and inserting the following: A due process hearing described in paragraph

(2)shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative 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, consistent with the requirements specified in this title (including regulations implementing this title), regarding all aspects of the applicant's or eligible individual's vocational rehabilitation services under this title. ; and in subparagraph (B), by striking in laws (including regulations) and inserting about Federal and State laws (including regulations) and the approved State plan .

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