Sec. 412. STATE PLANS
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## SEC. 412 STATE PLANS ###
(a)Plan Requirements Section 101(a) (29 U.S.C. 721(a)) is amended— ####
(1)in paragraph (1)— #####
(A)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 Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(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.”; and #####
(B)in subparagraph (B)— ######
(i)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 ######
(ii)by striking “Rehabilitation Act Amendments of 1998” and inserting “Workforce Innovation and Opportunity Act”; and #####
(C)in subparagraph (C)— ######
(i)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 submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications”; and ######
(ii)by striking “, until the State submits and receives approval of a new State plan”; ####
(2)in paragraph (2)— #####
(A)in subparagraph (A), by striking “The State plan” and inserting “The State plan for vocational rehabilitation services”; and #####
(B)in subparagraph (B)(ii)— ######
(i)in subclause (II), by inserting “who is responsible for the day-to-day operation of the vocational rehabilitation program” before the semicolon; ######
(ii)in subclause (III), by striking “and” at the end; ######
(iii)in subclause (IV), by striking the period and inserting “; and”; and ######
(iv)by adding at the end the following: > > ###### “(V) > > has the sole authority and responsibility within the designated State agency described in subparagraph
(A)to expend funds made available under this title in a manner that is consistent with the purposes of this title.” > ; ####
(3)in paragraph (5)— #####
(A)in subparagraph (C), by striking “and” at the end; #####
(B)by redesignating subparagraph
(D)as subparagraph (E); and #####
(C)by inserting after subparagraph
(C)the following: > > ##### “(D) > > 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” > ; ####
(4)in paragraph (7)— #####
(A)in subparagraph (A)(v)— ######
(i)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 (29 U.S.C. 3003)”; and ######
(ii)in subclause (II), by striking “Rehabilitation Act Amendments of 1998” and inserting “Workforce Innovation and Opportunity Act”; and #####
(B)in subparagraph (B), by striking clause
(ii)and inserting the following: > > ###### “(ii) > > 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— > > > ###### “(I) > > > ######
(aa)> > 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, economics, or another field that reasonably prepares individuals to work with consumers and employers; and > > > ###### “(bb) > > demonstrated paid or unpaid experience, for not less than 1 year, consisting of— > > > ###### “(AA) > > direct work with individuals with disabilities in a setting such as an independent living center; > > > ###### “(BB) > > direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or > > > ###### “(CC) > > 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 > > > ###### “(II) > > 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” > ; ####
(5)in paragraph (8)— #####
(A)in subparagraph (A)(i)— ######
(i)by inserting “an accommodation or auxiliary aid or service or” after “prior to providing”; and ######
(ii)by striking “(5)(D)” and inserting “(5)(E)”; #####
(B)in subparagraph (B)— ######
(i)in the matter preceding clause (i)— ######
(I)by striking “medicaid” and inserting “Medicaid”; ######
(II)by striking “workforce investment system” and inserting “workforce development system”; ######
(III)by striking “(5)(D)” and inserting “(5)(E)”; ######
(IV)by inserting “and, if appropriate, accommodations or auxiliary aids and services,” before “that are included”; and ######
(V)by striking “provision of such vocational rehabilitation services” and inserting “provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services)”; and ######
(ii)in clause (iv)— ######
(I)by striking “(5)(D)” and inserting “(5)(E)”; and ######
(II)by inserting “, and accommodations or auxiliary aids and services” before the period; and #####
(C)in subparagraph (C)(i), by striking “(5)(D)” and inserting “(5)(E)”; ####
(6)in paragraph (10)— #####
(A)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 the standards and indicators described in section 106(a)”; #####
(B)in subparagraph (C)— ######
(i)in the matter preceding clause (i), by inserting “, from each State,” after “additional data”; ######
(ii)by striking clause
(i)and inserting: > > ###### “(i) > > the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title, including the number of individuals determined to be ineligible (disaggregated by type of disability and age);” > ; ######
(iii)in clause (ii)— ######
(I)in subclause (I), by striking “(5)(D)” and inserting “(5)(E)”; ######
(II)in subclause (II), by striking “and” at the end; and ######
(III)by adding at the end the following: > > ###### “(IV) > > the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment); > > > ###### “(V) > > the number of students with disabilities who are receiving pre-employment transition services under this title: and > > > ###### “(VI) > > the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act), and the number of individuals referred to such one-stop operators by State vocational rehabilitation programs;” > ; and ######
(iv)in clause (iv)(I), by inserting before the semicolon the following: “and, for those who achieved employment outcomes, the average length of time to obtain employment”; #####
(C)in subparagraph (D)(i), by striking “title I of the Workforce Investment Act of 1998” and inserting “title I of the Workforce Innovation and Opportunity Act”; #####
(D)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 #####
(E)by adding at the end the following: > > ##### “(G) Rules for reporting of data > > The disaggregation of data under this Act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual. > > > ##### “(H) Comprehensive report > > 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.” > ; ####
(7)in paragraph (11)— #####
(A)in subparagraph (A)— ######
(i)in the subparagraph header, by striking “workforce investment systems” and inserting “workforce development systems”; ######
(ii)in the matter preceding clause (i), by striking “workforce investment system” and inserting “workforce development system”; ######
(iii)in clause (i)(II)— ######
(I)by striking “investment” and inserting “development”; and ######
(II)by inserting “(including programmatic accessibility and physical accessibility)” after “program accessibility”; ######
(iv)in clause (ii), by striking “workforce investment system” and inserting “workforce development system”; and ######
(v)in clause (v), by striking “workforce investment system” and inserting “workforce development system”; #####
(B)in subparagraph (B), by striking “workforce investment system” and inserting “workforce development system”; #####
(C)in subparagraph (C)— ######
(i)by inserting “the State programs carried out under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003),” after “including”; ######
(ii)by inserting “, noneducational agencies serving out-of-school youth,” after “Agriculture”; and ######
(iii)by striking “such agencies and programs” and inserting “such Federal, State, and local agencies and programs”; and ######
(iv)by striking “workforce investment system” and inserting “workforce development system”; #####
(D)in subparagraph (D)— ######
(i)in the matter preceding clause (i), by inserting “, including pre-employment transition services,” before “under this title”; ######
(ii)in clause (i), by inserting “, which may be provided using alternative means for meeting participation (such as video conferences and conference calls),” after “consultation and technical assistance”; and ######
(iii)in clause (ii), by striking “completion” and inserting “implementation”; #####
(E)by redesignating subparagraphs
(E)and
(F)as subparagraphs
(F)and (H), respectively; #####
(F)by inserting after subparagraph
(D)the following: > > ##### “(E) Coordination with employers > > The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of— > > > ###### “(i) > > vocational rehabilitation services; and > > > ###### “(ii) > > transition services for youth with disabilities and students with disabilities, such as pre-employment transition services.” > ; #####
(G)in subparagraph (F), as redesignated by subparagraph
(E)of this paragraph— ######
(i)by inserting “chapter 1 of” after “part C of”; and ######
(ii)by inserting “, as appropriate” before the period; #####
(H)by inserting after subparagraph (F), as redesignated by subparagraph
(E)of this paragraph, the following: > > ##### “(G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs > > 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.” > ; #####
(I)in subparagraph (H), as redesignated by subparagraph
(E)of this paragraph— ######
(i)in clause (ii)— ######
(I)by inserting “on or” before “near”; and ######
(II)by striking “and” at the end; ######
(ii)by redesignating clause
(iii)as clause (iv); and ######
(iii)by inserting after clause
(ii)the following: > > ###### “(iii) > > 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 approval of the individualized plans for employment under section 102; and” > ; and #####
(J)by adding at the end the following: > > ##### “(I) Coordination with assistive technology programs > > 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. > > > ##### “(J) Coordination with ticket to work and self-sufficiency program > > 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). > > > ##### “(K) Interagency cooperation > > The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate 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.), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable.” > ; ####
(8)in paragraph (14)— #####
(A)in the paragraph header, by striking “Annual” and inserting “Semiannual”; #####
(B)in subparagraph (A)— ######
(i)by striking “an annual” and inserting “a semiannual”; ######
(ii)by striking “has achieved an employment outcome” and inserting “is employed”; ######
(iii)by striking “achievement of the outcome” and all that follows through “representative)” and inserting “beginning of such employment, and annually thereafter”; ######
(iv)by striking “to competitive” and all that follows and inserting the following: “to competitive integrated employment or training for competitive integrated employment;”; #####
(C)in subparagraph (B), by striking “and” at the end; #####
(D)in subparagraph (C), by striking “the individuals described” and all that follows and inserting “individuals described in subparagraph
(A)in attaining competitive integrated employment; and”; and #####
(E)by adding at the end the following: > > ##### “(D) > > 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.” > ; ####
(9)in paragraph (15)— #####
(A)in subparagraph (A)— ######
(i)in clause (i)— ######
(I)in subclause (II), by striking “and” at the end; ######
(II)in subclause (III)— ######
(aa)by striking “workforce investment system” and inserting “workforce development system”; and ######
(bb)by adding “and” at the end; and ######
(III)by adding at the end the following: > > ###### “(IV) > > youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services;” > ; ######
(ii)by redesignating clauses
(ii)and
(iii)as clauses
(iii)and (iv), respectively; and ######
(iii)by inserting after clause
(i)the following: > > ###### “(ii) > > include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this Act are coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in order to meet the needs of individuals with disabilities.” > ; #####
(B)in subparagraph (B)— ######
(i)in clause (ii)— ######
(I)by striking “part B of title VI” and inserting “title VI”; and ######
(II)by striking “and” at the end; ######
(ii)by redesignating clause
(iii)as clause (iv); and ######
(iii)by inserting after clause
(ii)the following: > > ###### “(iii) > > 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 #####
(C)in subparagraph (D)— ######
(i)by redesignating clauses
(iii)through
(v)as clauses
(iv)through (vi), respectively; ######
(ii)by inserting after clause
(ii)the following: > > ###### “(iii) > > 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);” > ; and ######
(iii)in clause (vi), as redesignated by clause
(i)of this subparagraph, by striking “workforce investment system” and inserting “workforce development system”; ####
(10)in paragraph (20), in subparagraphs
(A)and (B)(i), by striking “workforce investment system” and inserting “workforce development system”; ####
(11)in paragraph (22), by striking “part B of title VI” and inserting “title VI”; and ####
(12)by adding at the end the following: > > #### “(25) Services for students with disabilities > > The State plan shall provide an assurance that, with respect to students with disabilities, the State— > > > ##### “(A) > > has developed and will implement— > > > ###### “(i) > > strategies to address the needs identified in the assessments described in paragraph (15); and > > > ###### “(ii) > > 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 > > > ##### “(B) > > has developed and will implement strategies to provide pre-employment transition services. > > > #### “(26) Job growth and development > > The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities.” > . ###
(b)Approval Section 101(b) (29 U.S.C. 721(b)) is amended to read as follows: > > ### “(b) Submission; Approval; Modification > > The State plan for vocational rehabilitation services shall be subject to— > > > #### “(1) > > subsection
(c)of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and > > > #### “(2) > > subsection (b), and paragraphs (1), (2), and
(3)of subsection (c), of section 103 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 103.” > . ###
(c)Construction Section 101 (29 U.S.C. 721) is amended by adding at the end the following: > > ### “(c) Construction > > Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) 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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