Sec. 404. DEFINITIONS

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## SEC. 404 DEFINITIONS Section 7 (29 U.S.C. 705) is amended— ####

(1)in paragraph (2)(B)— #####

(A)in clause (iii), by striking “**and**” at the end; #####

(B)in clause (iv), by striking the semicolon and inserting “**; and**”; and #####

(C)by adding at the end the following: > > ###### “(v) > > to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings;” > ; ####

(2)by striking paragraphs

(3)and

(4)and inserting the following: > > #### “(3) Assistive technology terms > > > ##### “(A) Assistive technology > > 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). > > > ##### “(B) Assistive technology device > > 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)). > > > ##### “(C) Assistive technology service > > 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— > > > ###### “(i) > > to the term ‘**individual with a disability**’ shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and > > > ###### “(ii) > > to the term ‘**individuals with disabilities**’ shall be deemed to mean more than 1 such individual.” > ; ####

(3)by redesignating paragraph

(5)as paragraph (4); ####

(4)in paragraph (4), as redesignated by paragraph (3)— #####

(A)by redesignating subparagraphs

(O)through

(Q)as subparagraphs

(P)through (R), respectively; #####

(B)by inserting after subparagraph

(N)the following: > > ##### “(O) > > customized employment;” > ; and #####

(C)in subparagraph (R), as redesignated by subparagraph

(A)of this paragraph, by striking “**(P)**” and inserting “**(Q)**”; ####

(5)by inserting before paragraph

(6)the following: > > #### “(5) Competitive integrated employment > > The term ‘**competitive integrated employment**’ means work that is performed on a full-time or part-time basis (including self-employment)— > > > ##### “(A) > > for which an individual— > > > ###### “(i) > > is compensated at a rate that— > > > ###### “(I) > > > ######

(aa)> > shall be not 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 rate specified in the applicable State or local minimum wage law; and > > > ###### “(bb) > > is not less than the customary rate paid by the employer for the same or similar work performed by 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; or > > > ###### “(II) > > in the case of an individual who is self-employed, yields 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; and > > > ###### “(ii) > > is eligible for the level of benefits provided to other employees; > > > ##### “(B) > > that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and > > > ##### “(C) > > that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.” > ; ####

(6)in paragraph (6)(B), by striking “**includes**” and all that follows through “**fees**” and inserting “**includes architects’ fees**”; ####

(7)by inserting after paragraph

(6)the following: > > #### “(7) Customized employment > > 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— > > > ##### “(A) > > job exploration by the individual; > > > ##### “(B) > > working with an employer to facilitate placement, including— > > > ###### “(i) > > customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and > > > ###### “(iv) > > providing services and supports at the job location.” > ; ####

(8)in paragraph (11)— #####

(A)in subparagraph (C)— ######

(i)by inserting “**of Education**” after “**Secretary**”; and ######

(ii)by inserting “**customized employment,**” before “**self-employment,**”; ####

(9)in paragraph (12), by inserting “**of Education**” after “**Secretary**” each place it appears; ####

(10)in paragraph (14)(C), by inserting “**of Education**” after “**Secretary**”; ####

(11)in paragraph (17)— #####

(A)in subparagraph (C), by striking “**and**” at the end; #####

(B)in subparagraph (D), by striking the period at the end and inserting “**; and**”; and #####

(C)by adding at the end the following: > > ##### “(E) > > services that— > > > ###### “(i) > > 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; > > > ###### “(ii) > > provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and > > > ###### “(iii) > > facilitate the transition of youth 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.” > ; ####

(12)in paragraph (18), by striking “**term**” and all that follows through “**includes—**” and inserting “**term ‘**independent living services**’ includes—**”; ####

(13)in paragraph (19)— #####

(A)in subparagraph (A), by inserting before the period the following: “**and includes a Native and a descendant of a Native, as such terms are defined in subsections

(b)and

(r)of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)**”; and #####

(B)in subparagraph (B), by inserting before the period the following: “**and a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)))**”; ####

(14)in paragraph (23), by striking “**section 101**” and inserting “**section 102**”; ####

(15)by striking paragraph

(25)and inserting the following: > > #### “(25) Local workforce development board > > The term ‘**local workforce development board**’ means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act.” > ; ####

(16)by striking paragraph (37); ####

(17)by redesignating paragraphs

(29)through

(39)as paragraphs

(31)through (36), and

(38)through (41), respectively; ####

(18)by inserting after paragraph

(28)the following: > > #### “(30) Pre-employment transition services > > The term ‘**pre-employment transition services**’ means services provided in accordance with section 113.” > ; ####

(19)by striking paragraph (33), as redesignated by paragraph (17), and inserting the following: > > #### “(33) Secretary > > Unless where the context otherwise requires, the term ‘**Secretary**’— > > > ##### “(A) > > used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and > > > ##### “(B) > > used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services.” > ; ####

(20)by striking paragraphs

(35)and (36), as redesignated by paragraph (17), and inserting the following: > > #### “(35) State workforce development board > > The term ‘**State workforce development board**’ means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act. > > > #### “(36) Statewide workforce development system > > The term ‘**statewide workforce development system**’ means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act.” > ; ####

(21)by inserting after that paragraph

(36)the following: > > #### “(37) Student with a disability > > > ##### “(A) In general > > The term ‘**student with a disability**’ means an individual with a disability who— > > > ###### “(i) > > > ######

(I)> > > ######

(aa)> > 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 > > > ###### “(bb) > > 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 > > > ###### “(II) > > > ######

(aa)> > is not older than 21 years of age; or > > > ###### “(bb) > > 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 > > > ###### “(ii) > > > ######

(I)> > 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 > > > ###### “(II) > > is an individual with a disability, for purposes of section 504. > > > ##### “(B) Students with disabilities > > The term ‘**students with disabilities**’ means more than 1 student with a disability.” > ; ####

(22)by striking paragraphs

(38)and (39), as redesignated by paragraph (17), and inserting the following: > > #### “(38) Supported employment > > The term ‘**supported employment**’ means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated 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— > > > ##### “(A) > > > ######

(i)> > for whom competitive integrated employment has not historically occurred; or > > > ###### “(ii) > > for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and > > > ##### “(B) > > who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition described in paragraph (13)(C), in order to perform the work involved. > > > #### “(39) Supported Employment Services > > 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— > > > ##### “(A) > > are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; > > > ##### “(B) > > are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and > > > ##### “(C) > > are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment.” > ; ####

(23)in paragraph (41), as redesignated by paragraph (17), by striking “**as defined in section 101 of the Workforce Investment Act of 1998**” and inserting “**as defined in section 3 of the Workforce Innovation and Opportunity Act**”; and ####

(24)by inserting after paragraph (41), as redesignated by paragraph (17), the following: > > #### “(42) Youth with a disability > > > ##### “(A) In general > > The term ‘**youth with a disability**’ means an individual with a disability who— > > > ###### “(i) > > is not younger than 14 years of age; and > > > ###### “(ii) > > is not older than 24 years of age. > > > ##### “(B) Youth with disabilities > > The term ‘**youth with disabilities**’ means more than 1 youth with a disability.” > .

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Sec. 404

DEFINITIONS

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