Sec. 374. Eligible population
276 words·~1 min read·
/bill/114/s/3151/is/section-374A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An individual is eligible for services under this subtitle if the individual— is an individual with a disability; can benefit in terms of an employment outcome from services authorized under this subtitle; and requires services authorized under this subtitle to prepare for, secure, retain, or regain employment. For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from services under this subtitle. The State may deny services under this subtitle to an individual who meets the eligibility criteria of subparagraphs
(A)and
(C)of paragraph
(1)only if the State can demonstrate by clear and convincing evidence that such individual is incapable of benefitting in terms of an employment outcome from the services authorized under this subtitle due to the severity of the disability of the individual. The State shall determine whether an individual is eligible for services under this subtitle within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application for the services, unless— exceptional and unforeseen circumstances beyond the control of the State preclude making an eligibility determination within those 60 days and the State and the individual agree to a specific extension of time; or the State is exploring an individual’s abilities, capabilities, and capacity to perform in work situations. Each State board shall establish a process for an individual to challenge an assessment that the individual is incapable of benefitting in terms of an employment outcome from the services authorized under this subtitle due to the severity of the disability of the individual. The Secretary may issue regulations under this section.