Sec. 512. State plans

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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 Education a unified State plan in accordance with section 112, or a combined State plan in accordance with section 113, of the Workforce Investment Act of 2013. The unified or combined State plan shall include, in the portion of the plan described in section 112(b)(2)(D) of such Act (referred to in this subsection as the ; vocational rehabilitation services portion ), 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 unified or combined State plan submitted in accordance with subparagraph (A), ; and by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2013 ; 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 unified or combined State 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 ; in subparagraph (B)(ii), by striking subclauses

(I)through

(IV)and inserting the following: is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, and is responsible for administering the vocational rehabilitation program of the designated State agency; has a full-time director who is responsible for the day-to-day operation of the vocational rehabilitation program, including— making all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available services, and the provision of the services; the determination to close the record of services of an individual who has achieved an employment outcome; policy formulation and implementation; the allocation and expenditure of funds for vocational rehabilitation services; representation of the organizational unit as a one-stop partner in the one-stop delivery system under title I of the Workforce Investment Act of 2013; and representation of the vocational rehabilitation services core program for purposes of section 111(b)(1)(C)(iii)(I) of the Workforce Investment Act of 2013; has a staff employed on the rehabilitation work of the organizational unit, all or substantially all of whom are employed full-time on the vocational rehabilitation or vocational and other rehabilitation work of the organizational unit; is located at an organizational level and has an organizational status within the designated State agency comparable to that of other major organizational units of the designated State agency for which the head of the designated State agency has a direct line of authority; and has the sole 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 may not delegate to another agency, including the designated State agency, the authority and responsibility described in item

(aa)or allow an agency described in this item to perform that authority and responsibility. ; and by adding at the end the following: A governing body of an Indian tribe that receives a grant under section 121 shall be considered, for purposes of the cost reimbursement provisions— in section 222(d)(1) of the Social Security Act ( 42 U.S.C. 422(d)(1) ), to be a State; and in subsections

(d)and

(e)of section 1615 of the Social Security Act ( 42 U.S.C. 1382d ), to be a State agency described in subsection

(d)of that section. ; 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), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and ; in paragraph (6)(B), by striking to employ and advance in employment and inserting to employ and advance in competitive integrated employment ; in paragraph (7)— in subparagraph (A)(v)— in subclause (I), after rehabilitation technology insert the following: , including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( ; and 29 U.S.C. 3003 ) in subclause (II), by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2013 ; and in subparagraph (B), by striking clause

(ii)and inserting the following: the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for— attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, job placement, economics, or another field that reasonably prepares individuals to work with consumers and employers; and demonstrated paid or unpaid experience, for not less than 1 year, consisting of— direct work with individuals with disabilities in a setting such as an independent living center or experience as a member of the governing board of an independent living center; advocacy experience with a nonprofit disability rights or disability membership organization, a State Council on Developmental Disabilities, established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ) or as a member of the governing board for such a council, or as a parent advocate or member of the governing board of a parent information and training center authorized under section 303(f); direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; 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 workforce investment system and inserting workforce development system ; and by striking (5)(D) and inserting (5)(E) ; in clause (iv), by striking (5)(D) and inserting (5)(E) ; and by adding at the end the following: Information specifying policies and procedures for resolving issues of financial responsibility and reimbursement, as appropriate, for an accommodation or auxiliary aid or service for an individual with a disability, in the event that the designated State unit pays for that item or that aid or service, in order to avoid interruption of or delay in— the progress of an individual in achieving an employment outcome; an immediate job placement; or the provision of services to an individual at extreme medical risk. ; 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 131(b)(2)(A)(i) of the Workforce Investment Act of 2013) ; 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: a comparison, among individuals who obtained employment, of— the number of individuals who continued to use public benefits; and the number of individuals who no longer used public benefits; 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 cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2013; the total number of youth with disabilities that are receiving transition services, and the total cost for providing those services to such youth during the last full fiscal year prior to the date of enactment of the Workforce Investment Act of 2013 and during each fiscal year thereafter; the number of youth with disabilities who 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.); the number of youth with disabilities who entered postsecondary education; the number of youth with disabilities who attained academic levels and job skills needed for employment; the number of youth with disabilities who entered employment; the number of individuals referred to one-stop centers, as defined in section 101 of the Workforce Investment Act of 2013; and the number of individuals referred from such one-stop centers to designated State units and the outcomes of such referrals; ; in clause (iii), by striking and at the end; in clause (iv)— in subclause (I), by inserting before the semicolon the following: and, for those who achieved employment outcomes, the average length of time to obtain employment ; and in subclause (II), by striking the period and inserting ; and ; and by adding at the end 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. ; in subparagraph (D)(i), by striking title I of the Workforce Investment Act of 1998 and inserting title II of the Workforce Investment Act of 2013 ; 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 90 days after the end of the fiscal year involved. ; in paragraph (11)— in subparagraph (A)— in the subparagraph header, by striking and inserting workforce investment systems ; workforce development systems in the matter preceding clause (i), by striking workforce investment system and inserting workforce development system ; in clause (i)(II), by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; in clause (ii), by striking workforce investment system and inserting workforce development system ; and in clause (v), by striking workforce investment system and inserting workforce development system ; in subparagraph (B), by striking workforce investment system and inserting workforce development system ; 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 ; by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; and by striking workforce investment system and inserting workforce development system ; 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 transition services for youth with disabilities and 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 unit 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 agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, 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. ; 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 postschool employment outcomes; and ; 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; in subclause (III)— by striking workforce investment system and inserting workforce development system ; and by adding and at the end; and by adding at the end the following: 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)— in clause (ii), by striking and at the end; 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); 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); ; and in clause (vi), as redesignated by clause

(i)of this subparagraph, by striking workforce investment system and inserting workforce development system ; in paragraph (20)— in subparagraphs

(A)and (B)(i), by striking workforce investment system and inserting workforce development system ; 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 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 strategies 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 under sections 116(c) and 118 of the Workforce Investment Act of 2013 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— subsection

(c)of section 112 of the Workforce Investment Act of 2013, in a case in which that plan is a portion of the unified State plan described in that section 112; and subsection (b), and paragraphs (1), (2), and

(3)of subsection (c), of section 113 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the combined State 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 also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved. .

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