Sec. 413. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT
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## SEC. 413 ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT ###
(a)Eligibility Section 102(a) (29 U.S.C. 722(a)) is amended— ####
(1)in paragraph (1)— #####
(A)in subparagraph (A), by striking “is an” and inserting “has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an”; #####
(B)in subparagraph (B), by striking “or regain employment.” and inserting “advance in, or regain employment that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.”; and #####
(C)by adding at the end the following: “For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this Act, an individual shall be presumed to have a goal of an employment outcome.”; ####
(2)in paragraph (2)— #####
(A)in subparagraph (A)— ######
(i)in the subparagraph header, by striking “Demonstration” and inserting “Applicants”; and ######
(ii)by striking “, unless” and all that follows and inserting a period; and #####
(B)in subparagraph (B)— ######
(i)in the subparagraph header, by striking “Methods” and inserting “Responsibilities”; ######
(ii)in the first sentence— ######
(I)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 ######
(II)by striking “, except under” and all that follows and inserting a period; and ######
(iii)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.”; ####
(3)in paragraph (3)(A)(ii), by striking “outcome from” and all that follows and inserting “outcome due to the severity of the individual’s disability (as of the date of the determination).”; and ####
(4)in paragraph (5)— #####
(A)in the matter preceding subparagraph (A)— ######
(i)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 ######
(ii)by striking “title is determined” and all that follows through “not to be” and inserting “title is determined not to be”; #####
(B)by redesignating subparagraphs
(A)through
(D)as subparagraphs
(B)through (E), respectively; #####
(C)by inserting before subparagraph (B), as redesignated by subparagraph
(B)of this paragraph, the following: > > ##### “(A) > > 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 #####
(D)in clause
(i)of subparagraph (C), as redesignated by subparagraph
(B)of this paragraph, by inserting after “determination” the following: “, including the clear and convincing evidence that forms the basis for the determination of ineligibility”. ###
(b)Development of an Individualized Plan for Employment, and Related Information Section 102(b) (29 U.S.C. 722(b)) is amended— ####
(1)in paragraph (1)(A)— #####
(A)by striking “, to the extent determined to be appropriate by the eligible individual,”; and #####
(B)by inserting “or, as appropriate, a disability advocacy organization” after “counselor”; ####
(2)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; ####
(3)by inserting after paragraph
(1)the following: > > #### “(2) Individuals desiring to enter the workforce > > 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 additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning.” > ; ####
(4)in paragraph (3), as redesignated by paragraph
(2)of this subsection— #####
(A)in subparagraph (E)— ######
(i)in clause (i), by striking “and” at the end; ######
(ii)in clause (ii), by striking the period and inserting “; and”; and ######
(iii)by adding at the end the following: > > ###### “(iii) > > 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 #####
(B)by adding at the end the following: > > ##### “(F) Timeframe for completing the individualized plan for employment > > 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.” > ; and ####
(5)in paragraph (4), as redesignated by paragraph
(2)of this subsection— #####
(A)in subparagraph (A), 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);”; #####
(B)in subparagraph (B)(i)— ######
(i)by redesignating subclause
(II)as subclause (III); and ######
(ii)by striking subclause
(I)and inserting the following: > > ###### “(I) > > needed to achieve the employment outcome, including, as appropriate— > > > ###### “(aa) > > 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)(I); and > > > ###### “(bb) > > personal assistance services (including training in the management of such services); > > > ###### “(II) > > in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student’s employment outcome or projected postschool employment outcome; and” > ; #####
(C)in subparagraph (F), by striking “and” at the end; #####
(D)in subparagraph (G), by striking the period and inserting “; and”; and #####
(E)by adding at the end the following: > > ##### “(H) > > 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 description of how responsibility for service delivery will be divided between the employment network and the designated State unit.” > . ###
(c)Procedures Section 102(c) (29 U.S.C. 722(c)) is amended— ####
(1)in paragraph (1), by adding at the end the following: “The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures.”; ####
(2)in paragraph (2)(A)— #####
(A)in clause (ii), by striking “and” at the end; #####
(B)in clause (iii), by striking the period and inserting “; and”; and #####
(C)by adding at the end the following: > > ###### “(iv) > > 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 ####
(3)in paragraph (5)— #####
(A)by striking subparagraph
(A)and inserting the following: > > ##### “(A) Officer > > 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 regarding the applicant’s or eligible individual’s vocational rehabilitation services under this title.” > ; and #####
(B)in subparagraph (B), by striking “in laws” and inserting “about Federal laws”.
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Sec. 413
ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT
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