Laws: Cases and Codes : U.S. Code : Title 29 : Section 705


   
U.S. Code as of: 01/19/04
Section 705. Definitions

      For the purposes of this chapter:
      (1) Administrative costs
        The term "administrative costs" means expenditures incurred in
      the performance of administrative functions under the vocational
      rehabilitation program carried out under subchapter I of this
      chapter, including expenses related to program planning,
      development, monitoring, and evaluation, including expenses for -
      
          (A) quality assurance;
          (B) budgeting, accounting, financial management, information
        systems, and related data processing;
          (C) providing information about the program to the public;
          (D) technical assistance and support services to other State
        agencies, private nonprofit organizations, and businesses and
        industries, except for technical assistance and support
        services described in section 723(b)(5) of this title;
          (E) the State Rehabilitation Council and other advisory
        committees;
          (F) professional organization membership dues for designated
        State unit employees;
          (G) the removal of architectural barriers in State vocational
        rehabilitation agency offices and State operated rehabilitation
        facilities;
          (H) operating and maintaining designated State unit
        facilities, equipment, and grounds;
          (I) supplies;
          (J) administration of the comprehensive system of personnel
        development described in section 721(a)(7) of this title,
        including personnel administration, administration of
        affirmative action plans, and training and staff development;
          (K) administrative salaries, including clerical and other
        support staff salaries, in support of these administrative
        functions;
          (L) travel costs related to carrying out the program, other
        than travel costs related to the provision of services;
          (M) costs incurred in conducting reviews of rehabilitation
        counselor or coordinator determinations under section 722(c) of
        this title; and
          (N) legal expenses required in the administration of the
        program.
      (2) Assessment for determining eligibility and vocational
        rehabilitation needs
        The term "assessment for determining eligibility and vocational
      rehabilitation needs" means, as appropriate in each case - 
          (A)(i) a review of existing data - 
            (I) to determine whether an individual is eligible for
          vocational rehabilitation services; and
            (II) to assign priority for an order of selection described
          in section 721(a)(5)(A) of this title in the States that use
          an order of selection pursuant to section 721(a)(5)(A) of
          this title; and

          (ii) to the extent necessary, the provision of appropriate
        assessment activities to obtain necessary additional data to
        make such determination and assignment;
          (B) to the extent additional data is necessary to make a
        determination of the employment outcomes, and the nature and
        scope of vocational rehabilitation services, to be included in
        the individualized plan for employment of an eligible
        individual, a comprehensive assessment to determine the unique
        strengths, resources, priorities, concerns, abilities,
        capabilities, interests, and informed choice, including the
        need for supported employment, of the eligible individual,
        which comprehensive assessment - 
            (i) is limited to information that is necessary to identify
          the rehabilitation needs of the individual and to develop the
          individualized plan for employment of the eligible
          individual;
            (ii) uses, as a primary source of such information, to the
          maximum extent possible and appropriate and in accordance
          with confidentiality requirements - 
              (I) existing information obtained for the purposes of
            determining the eligibility of the individual and assigning
            priority for an order of selection described in section
            721(a)(5)(A) of this title for the individual; and
              (II) such information as can be provided by the
            individual and, where appropriate, by the family of the
            individual;

            (iii) may include, to the degree needed to make such a
          determination, an assessment of the personality, interests,
          interpersonal skills, intelligence and related functional
          capacities, educational achievements, work experience,
          vocational aptitudes, personal and social adjustments, and
          employment opportunities of the individual, and the medical,
          psychiatric, psychological, and other pertinent vocational,
          educational, cultural, social, recreational, and
          environmental factors, that affect the employment and
          rehabilitation needs of the individual; and
            (iv) may include, to the degree needed, an appraisal of the
          patterns of work behavior of the individual and services
          needed for the individual to acquire occupational skills, and
          to develop work attitudes, work habits, work tolerance, and
          social and behavior patterns necessary for successful job
          performance, including the utilization of work in real job
          situations to assess and develop the capacities of the
          individual to perform adequately in a work environment;

          (C) referral, for the provision of rehabilitation technology
        services to the individual, to assess and develop the
        capacities of the individual to perform in a work environment;
        and
          (D) an exploration of the individual's abilities,
        capabilities, and capacity to perform in work situations, which
        shall be assessed periodically during trial work experiences,
        including experiences in which the individual is provided
        appropriate supports and training.
      (3) Assistive technology device
        The term "assistive technology device" has the meaning given
      such term in section 3002 of this title, except that the
      reference in such section to the term "individuals with
      disabilities" shall be deemed to mean more than one individual
      with a disability as defined in paragraph (20)(A).
      (4) Assistive technology service
        The term "assistive technology service" has the meaning given
      such term in section 3002 of this title, except that the
      reference in such section - 
          (A) to the term "individual with a disability" shall be
        deemed to mean an individual with a disability, as defined in
        paragraph (20)(A); and
          (B) to the term "individuals with disabilities" shall be
        deemed to mean more than one such individual.
      (5) Community rehabilitation program
        The term "community rehabilitation program" means a program
      that provides directly or facilitates the provision of vocational
      rehabilitation services to individuals with disabilities, and
      that provides, singly or in combination, for an individual with a
      disability to enable the individual to maximize opportunities for
      employment, including career advancement - 
          (A) medical, psychiatric, psychological, social, and
        vocational services that are provided under one management;
          (B) testing, fitting, or training in the use of prosthetic
        and orthotic devices;
          (C) recreational therapy;
          (D) physical and occupational therapy;
          (E) speech, language, and hearing therapy;
          (F) psychiatric, psychological, and social services,
        including positive behavior management;
          (G) assessment for determining eligibility and vocational
        rehabilitation needs;
          (H) rehabilitation technology;
          (I) job development, placement, and retention services;
          (J) evaluation or control of specific disabilities;
          (K) orientation and mobility services for individuals who are
        blind;
          (L) extended employment;
          (M) psychosocial rehabilitation services;
          (N) supported employment services and extended services;
          (O) services to family members when necessary to the
        vocational rehabilitation of the individual;
          (P) personal assistance services; or
          (Q) services similar to the services described in one of
        subparagraphs (A) through (P).
      (6) Construction; cost of construction
        (A) Construction
          The term "construction" means - 
            (i) the construction of new buildings;
            (ii) the acquisition, expansion, remodeling, alteration,
          and renovation of existing buildings; and
            (iii) initial equipment of buildings described in clauses
          (i) and (ii).
        (B) Cost of construction
          The term "cost of construction" includes architects' fees and
        the cost of acquisition of land in connection with construction
        but does not include the cost of offsite improvements.
      (7) Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
        Sec. 402(c)(1)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-415
      (8) Designated State agency; designated State unit
        (A) Designated State agency
          The term "designated State agency" means an agency designated
        under section 721(a)(2)(A) of this title.
        (B) Designated State unit
          The term "designated State unit" means - 
            (i) any State agency unit required under section
          721(a)(2)(B)(ii) of this title; or
            (ii) in cases in which no such unit is so required, the
          State agency described in section 721(a)(2)(B)(i) of this
          title.
      (9) Disability
        The term "disability" means - 
          (A) except as otherwise provided in subparagraph (B), a
        physical or mental impairment that constitutes or results in a
        substantial impediment to employment; or
          (B) for purposes of sections 701, 711, and 712 of this title,
        and subchapters II, IV, V, and VII of this chapter, a physical
        or mental impairment that substantially limits one or more
        major life activities.
      (10) Drug and illegal use of drugs
        (A) Drug
          The term "drug" means a controlled substance, as defined in
        schedules I through V of section 202 of the Controlled
        Substances Act (21 U.S.C. 812).
        (B) Illegal use of drugs
          The term "illegal use of drugs" means the use of drugs, the
        possession or distribution of which is unlawful under the
        Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term
        does not include the use of a drug taken under supervision by a
        licensed health care professional, or other uses authorized by
        the Controlled Substances Act or other provisions of Federal
        law.
      (11) Employment outcome
        The term "employment outcome" means, with respect to an
      individual - 
          (A) entering or retaining full-time or, if appropriate,
        part-time competitive employment in the integrated labor
        market;
          (B) satisfying the vocational outcome of supported
        employment; or
          (C) satisfying any other vocational outcome the Secretary may
        determine to be appropriate (including satisfying the
        vocational outcome of self-employment, telecommuting, or
        business ownership),

      in a manner consistent with this chapter.
      (12) Establishment of a community rehabilitation program
        The term "establishment of a community rehabilitation program"
      includes the acquisition, expansion, remodeling, or alteration of
      existing buildings necessary to adapt them to community
      rehabilitation program purposes or to increase their
      effectiveness for such purposes (subject, however, to such
      limitations as the Secretary may determine, in accordance with
      regulations the Secretary shall prescribe, in order to prevent
      impairment of the objectives of, or duplication of, other Federal
      laws providing Federal assistance in the construction of
      facilities for community rehabilitation programs), and may
      include such additional equipment and staffing as the
      Commissioner considers appropriate.
      (13) Extended services
        The term "extended services" means ongoing support services and
      other appropriate services, 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 in maintaining supported 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 a State agency, a nonprofit private
        organization, employer, or any other appropriate resource,
        after an individual has made the transition from support
        provided by the designated State unit.
      (14) Federal share
        (A) In general
          Subject to subparagraph (B), the term "Federal share" means
        78.7 percent.
        (B) Exception
          The term "Federal share" means the share specifically set
        forth in section 731(a)(3) of this title, except that with
        respect to payments pursuant to part B of subchapter I of this
        chapter to any State that are used to meet the costs of
        construction of those rehabilitation facilities identified in
        section 723(b)(2) of this title in such State, the Federal
        share shall be the percentages determined in accordance with
        the provisions of section 731(a)(3) of this title applicable
        with respect to the State.
        (C) Relationship to expenditures by a political subdivision
          For the purpose of determining the non-Federal share with
        respect to a State, expenditures by a political subdivision
        thereof or by a local agency shall be regarded as expenditures
        by such State, subject to such limitations and conditions as
        the Secretary shall by regulation prescribe.
      (15) Governor
        The term "Governor" means a chief executive officer of a State.
      (16) Impartial hearing officer
        (A) In general
          The term "impartial hearing officer" means an individual - 
            (i) who is not an employee of a public agency (other than
          an administrative law judge, hearing examiner, or employee of
          an institution of higher education);
            (ii) who is not a member of the State Rehabilitation
          Council described in section 725 of this title;
            (iii) who has not been involved previously in the
          vocational rehabilitation of the applicant or eligible
          individual;
            (iv) who has knowledge of the delivery of vocational
          rehabilitation services, the State plan under section 721 of
          this title, and the Federal and State rules governing the
          provision of such services and training with respect to the
          performance of official duties; and
            (v) who has no personal or financial interest that would be
          in conflict with the objectivity of the individual.
        (B) Construction
          An individual shall not be considered to be an employee of a
        public agency for purposes of subparagraph (A)(i) solely
        because the individual is paid by the agency to serve as a
        hearing officer.
      (17) Independent living core services
        The term "independent living core services" means - 
          (A) information and referral services;
          (B) independent living skills training;
          (C) peer counseling (including cross-disability peer
        counseling); and
          (D) individual and systems advocacy.
      (18) Independent living services
        The term "independent living services" includes - 
          (A) independent living core services; and
          (B)(i) counseling services, including psychological,
        psychotherapeutic, and related services;
          (ii) services related to securing housing or shelter,
        including services related to community group living, and
        supportive of the purposes of this chapter and of the
        subchapters of this chapter, and adaptive housing services
        (including appropriate accommodations to and modifications of
        any space used to serve, or occupied by, individuals with
        disabilities);
          (iii) rehabilitation technology;
          (iv) mobility training;
          (v) services and training for individuals with cognitive and
        sensory disabilities, including life skills training, and
        interpreter and reader services;
          (vi) personal assistance services, including attendant care
        and the training of personnel providing such services;
          (vii) surveys, directories, and other activities to identify
        appropriate housing, recreation opportunities, and accessible
        transportation, and other support services;
          (viii) consumer information programs on rehabilitation and
        independent living services available under this chapter,
        especially for minorities and other individuals with
        disabilities who have traditionally been unserved or
        underserved by programs under this chapter;
          (ix) education and training necessary for living in a
        community and participating in community activities;
          (x) supported living;
          (xi) transportation, including referral and assistance for
        such transportation and training in the use of public
        transportation vehicles and systems;
          (xii) physical rehabilitation;
          (xiii) therapeutic treatment;
          (xiv) provision of needed prostheses and other appliances and
        devices;
          (xv) individual and group social and recreational services;
          (xvi) training to develop skills specifically designed for
        youths who are individuals with disabilities to promote
        self-awareness and esteem, develop advocacy and
        self-empowerment skills, and explore career options;
          (xvii) services for children;
          (xviii) services under other Federal, State, or local
        programs designed to provide resources, training, counseling,
        or other assistance, of substantial benefit in enhancing the
        independence, productivity, and quality of life of individuals
        with disabilities;
          (xix) appropriate preventive services to decrease the need of
        individuals assisted under this chapter for similar services in
        the future;
          (xx) community awareness programs to enhance the
        understanding and integration into society of individuals with
        disabilities; and
          (xxi) such other services as may be necessary and not
        inconsistent with the provisions of this chapter.
      (19) Indian; American Indian; Indian American; Indian tribe
        (A) In general
          The terms "Indian", "American Indian", and "Indian American"
        mean an individual who is a member of an Indian tribe.
        (B) Indian tribe
          The term "Indian tribe" means any Federal or State Indian
        tribe, band, rancheria, pueblo, colony, or community, including
        any Alaskan native village or regional village corporation (as
        defined in or established pursuant to the Alaska Native Claims
        Settlement Act [43 U.S.C. 1601 et seq.]).
      (20) Individual with a disability
        (A) In general
          Except as otherwise provided in subparagraph (B), the term
        "individual with a disability" means any individual who - 
            (i) has a physical or mental impairment which for such
          individual constitutes or results in a substantial impediment
          to employment; and
            (ii) can benefit in terms of an employment outcome from
          vocational rehabilitation services provided pursuant to
          subchapter I, III, or VI of this chapter.
        (B) Certain programs; limitations on major life activities
          Subject to subparagraphs (C), (D), (E), and (F), the term
        "individual with a disability" means, for purposes of sections
        701, 711, and 712 of this title, and subchapters II, IV, V, and
        VII of this chapter, any person who - 
            (i) has a physical or mental impairment which substantially
          limits one or more of such person's major life activities;
            (ii) has a record of such an impairment; or
            (iii) is regarded as having such an impairment.
        (C) Rights and advocacy provisions
          (i) In general; exclusion of individuals engaging in drug use
            For purposes of subchapter V of this chapter, the term
          "individual with a disability" does not include an individual
          who is currently engaging in the illegal use of drugs, when a
          covered entity acts on the basis of such use.
          (ii) Exception for individuals no longer engaging in drug use
            Nothing in clause (i) shall be construed to exclude as an
          individual with a disability an individual who - 
              (I) has successfully completed a supervised drug
            rehabilitation program and is no longer engaging in the
            illegal use of drugs, or has otherwise been rehabilitated
            successfully and is no longer engaging in such use;
              (II) is participating in a supervised rehabilitation
            program and is no longer engaging in such use; or
              (III) is erroneously regarded as engaging in such use,
            but is not engaging in such use;

          except that it shall not be a violation of this chapter for a
          covered entity to adopt or administer reasonable policies or
          procedures, including but not limited to drug testing,
          designed to ensure that an individual described in subclause
          (I) or (II) is no longer engaging in the illegal use of
          drugs.
          (iii) Exclusion for certain services
            Notwithstanding clause (i), for purposes of programs and
          activities providing health services and services provided
          under subchapters I, II, and III of this chapter, an
          individual shall not be excluded from the benefits of such
          programs or activities on the basis of his or her current
          illegal use of drugs if he or she is otherwise entitled to
          such services.
          (iv) Disciplinary action
            For purposes of programs and activities providing
          educational services, local educational agencies may take
          disciplinary action pertaining to the use or possession of
          illegal drugs or alcohol against any student who is an
          individual with a disability and who currently is engaging in
          the illegal use of drugs or in the use of alcohol to the same
          extent that such disciplinary action is taken against
          students who are not individuals with disabilities.
          Furthermore, the due process procedures at section 104.36 of
          title 34, Code of Federal Regulations (or any corresponding
          similar regulation or ruling) shall not apply to such
          disciplinary actions.
          (v) Employment; exclusion of alcoholics
            For purposes of sections 793 and 794 of this title as such
          sections relate to employment, the term "individual with a
          disability" does not include any individual who is an
          alcoholic whose current use of alcohol prevents such
          individual from performing the duties of the job in question
          or whose employment, by reason of such current alcohol abuse,
          would constitute a direct threat to property or the safety of
          others.
        (D) Employment; exclusion of individuals with certain diseases
          or infections
          For the purposes of sections 793 and 794 of this title, as
        such sections relate to employment, such term does not include
        an individual who has a currently contagious disease or
        infection and who, by reason of such disease or infection,
        would constitute a direct threat to the health or safety of
        other individuals or who, by reason of the currently contagious
        disease or infection, is unable to perform the duties of the
        job.
        (E) Rights provisions; exclusion of individuals on basis of
          homosexuality or bisexuality
          For the purposes of sections 791, 793, and 794 of this title
        - 
            (i) for purposes of the application of subparagraph (B) to
          such sections, the term "impairment" does not include
          homosexuality or bisexuality; and
            (ii) therefore the term "individual with a disability" does
          not include an individual on the basis of homosexuality or
          bisexuality.
        (F) Rights provisions; exclusion of individuals on basis of
          certain disorders
          For the purposes of sections 791, 793, and 794 of this title,
        the term "individual with a disability" does not include an
        individual on the basis of - 
            (i) transvestism, transsexualism, pedophilia,
          exhibitionism, voyeurism, gender identity disorders not
          resulting from physical impairments, or other sexual behavior
          disorders;
            (ii) compulsive gambling, kleptomania, or pyromania; or
            (iii) psychoactive substance use disorders resulting from
          current illegal use of drugs.
        (G) Individuals with disabilities
          The term "individuals with disabilities" means more than one
        individual with a disability.
      (21) Individual with a significant disability
        (A) In general
          Except as provided in subparagraph (B) or (C), the term
        "individual with a significant disability" means an individual
        with a disability - 
            (i) who has a severe physical or mental impairment which
          seriously limits one or more functional capacities (such as
          mobility, communication, self-care, self-direction,
          interpersonal skills, work tolerance, or work skills) in
          terms of an employment outcome;
            (ii) whose vocational rehabilitation can be expected to
          require multiple vocational rehabilitation services over an
          extended period of time; and
            (iii) who has one or more physical or mental disabilities
          resulting from amputation, arthritis, autism, blindness, burn
          injury, cancer, cerebral palsy, cystic fibrosis, deafness,
          head injury, heart disease, hemiplegia, hemophilia,
          respiratory or pulmonary dysfunction, mental retardation,
          mental illness, multiple sclerosis, muscular dystrophy,
          musculo-skeletal disorders, neurological disorders (including
          stroke and epilepsy), paraplegia, quadriplegia, and other
          spinal cord conditions, sickle cell anemia, specific learning
          disability, end-stage renal disease, or another disability or
          combination of disabilities determined on the basis of an
          assessment for determining eligibility and vocational
          rehabilitation needs described in subparagraphs (A) and (B)
          of paragraph (2) to cause comparable substantial functional
          limitation.
        (B) Independent living services and centers for independent
          living
          For purposes of subchapter VII of this chapter, the term
        "individual with a significant disability" means an individual
        with a severe physical or mental impairment whose ability to
        function independently in the family or community or whose
        ability to obtain, maintain, or advance in employment is
        substantially limited and for whom the delivery of independent
        living services will improve the ability to function, continue
        functioning, or move toward functioning independently in the
        family or community or to continue in employment, respectively.
        (C) Research and training
          For purposes of subchapter II of this chapter, the term
        "individual with a significant disability" includes an
        individual described in subparagraph (A) or (B).
        (D) Individuals with significant disabilities
          The term "individuals with significant disabilities" means
        more than one individual with a significant disability.
        (E) Individual with a most significant disability
          (i) In general
            The term "individual with a most significant disability",
          used with respect to an individual in a State, means an
          individual with a significant disability who meets criteria
          established by the State under section 721(a)(5)(C) of this
          title.
          (ii) Individuals with the most significant disabilities
            The term "individuals with the most significant
          disabilities" means more than one individual with a most
          significant disability.
      (22) Individual's representative; applicant's representative
        The terms "individual's representative" and "applicant's
      representative" mean a parent, a family member, a guardian, an
      advocate, or an authorized representative of an individual or
      applicant, respectively.
      (23) Institution of higher education
        The term "institution of higher education" has the meaning
      given the term in section 1001 of title 20.
      (24) Local agency
        The term "local agency" means an agency of a unit of general
      local government or of an Indian tribe (or combination of such
      units or tribes) which has an agreement with the designated State
      agency to conduct a vocational rehabilitation program under the
      supervision of such State agency in accordance with the State
      plan approved under section 721 of this title. Nothing in the
      preceding sentence of this paragraph or in section 721 of this
      title shall be construed to prevent the local agency from
      arranging to utilize another local public or nonprofit agency to
      provide vocational rehabilitation services if such an arrangement
      is made part of the agreement specified in this paragraph.
      (25) Local workforce investment board
        The term "local workforce investment board" means a local
      workforce investment board established under section 117 of the
      Workforce Investment Act of 1998 [29 U.S.C. 2832].
      (26) Nonprofit
        The term "nonprofit", when used with respect to a community
      rehabilitation program, means a community rehabilitation program
      carried out by a corporation or association, no part of the net
      earnings of which inures, or may lawfully inure, to the benefit
      of any private shareholder or individual and the income of which
      is exempt from taxation under section 501(c)(3) of title 26.
      (27) Ongoing support services
        The term "ongoing support services" means services - 
          (A) provided to individuals with the most significant
        disabilities;
          (B) provided, at a minimum, twice monthly - 
            (i) to make an assessment, regarding the employment
          situation, at the worksite of each such individual in
          supported employment, or, under special circumstances,
          especially at the request of the client, off site; and
            (ii) based on the assessment, to provide for the
          coordination or provision of specific intensive services, at
          or away from the worksite, that are needed to maintain
          employment stability; and

          (C) consisting of - 
            (i) a particularized assessment supplementary to the
          comprehensive assessment described in paragraph (2)(B);
            (ii) the provision of skilled job trainers who accompany
          the individual for intensive job skill training at the
          worksite;
            (iii) job development, job retention, and placement
          services;
            (iv) social skills training;
            (v) regular observation or supervision of the individual;
            (vi) followup services such as regular contact with the
          employers, the individuals, the individuals' representatives,
          and other appropriate individuals, in order to reinforce and
          stabilize the job placement;
            (vii) facilitation of natural supports at the worksite;
            (viii) any other service identified in section 723 of this
          title; or
            (ix) a service similar to another service described in this
          subparagraph.
      (28) Personal assistance services
        The term "personal assistance services" means a range of
      services, provided by one or more persons, designed to assist an
      individual with a disability to perform daily living activities
      on or off the job that the individual would typically perform if
      the individual did not have a disability. Such services shall be
      designed to increase the individual's control in life and ability
      to perform everyday activities on or off the job.
      (29) Public or nonprofit
        The term "public or nonprofit", used with respect to an agency
      or organization, includes an Indian tribe.
      (30) Rehabilitation technology
        The term "rehabilitation technology" means the systematic
      application of technologies, engineering methodologies, or
      scientific principles to meet the needs of and address the
      barriers confronted by individuals with disabilities in areas
      which include education, rehabilitation, employment,
      transportation, independent living, and recreation. The term
      includes rehabilitation engineering, assistive technology
      devices, and assistive technology services.
      (31) Secretary
        The term "Secretary", except when the context otherwise
      requires, means the Secretary of Education.
      (32) State
        The term "State" includes, in addition to each of the several
      States of the United States, the District of Columbia, the
      Commonwealth of Puerto Rico, the United States Virgin Islands,
      Guam, American Samoa, and the Commonwealth of the Northern
      Mariana Islands.
      (33) State workforce investment board
        The term "State workforce investment board" means a State
      workforce investment board established under section 111 of the
      Workforce Investment Act of 1998 [29 U.S.C. 2821].
      (34) Statewide workforce investment system
        The term "statewide workforce investment system" means a system
      described in section 111(d)(2) of the Workforce Investment Act of
      1998 [29 U.S.C. 2821(d)(2)].
      (35) Supported employment
        (A) In general
          The term "supported employment" means competitive work in
        integrated work settings, or employment in integrated work
        settings in which individuals are working toward competitive
        work, consistent with the strengths, resources, priorities,
        concerns, abilities, capabilities, interests, and informed
        choice of the individuals, for individuals with the most
        significant disabilities - 
            (i)(I) for whom competitive employment has not
          traditionally occurred; or
            (II) for whom competitive employment has been interrupted
          or intermittent as a result of a significant disability; and
            (ii) who, because of the nature and severity of their
          disability, need intensive supported employment services for
          the period, and any extension, described in paragraph (36)(C)
          and extended services after the transition described in
          paragraph (13)(C) in order to perform such work.
        (B) Certain transitional employment
          Such term includes transitional employment for persons who
        are individuals with the most significant disabilities due to
        mental illness.
      (36) Supported employment services
        The term "supported employment services" means ongoing support
      services and other appropriate services 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 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
        time not to extend beyond 18 months, unless under special
        circumstances the eligible individual and the rehabilitation
        counselor or coordinator involved jointly agree to extend the
        time in order to achieve the employment outcome identified in
        the individualized plan for employment.
      (37) Transition services
        The term "transition services" means a coordinated set of
      activities for a student, designed within an outcome-oriented
      process, that promotes movement from school to post school
      activities, including postsecondary education, vocational
      training, integrated employment (including supported employment),
      continuing and adult education, adult services, independent
      living, or community participation. The coordinated set of
      activities shall be based upon the individual student's needs,
      taking into account the student's preferences and interests, and
      shall include instruction, community experiences, the development
      of employment and other post school adult living objectives, and,
      when appropriate, acquisition of daily living skills and
      functional vocational evaluation.
      (38) Vocational rehabilitation services
        The term "vocational rehabilitation services" means those
      services identified in section 723 of this title which are
      provided to individuals with disabilities under this chapter.
      (39) Workforce investment activities
        The term "workforce investment activities" means workforce
      investment activities, as defined in section 101 of the Workforce
      Investment Act of 1998 [29 U.S.C. 2801], that are carried out
      under that Act.



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