1996 U.S. Code
Title 29 - LABOR
CHAPTER 15 - OCCUPATIONAL SAFETY AND HEALTH
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions
Sec. 721 - State plans

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§721. State plans (a) Three year plan; annual revisions; general and specific requirements

In order to be eligible to participate in programs under this subchapter, a State shall submit to the Commissioner a State plan for vocational rehabilitation services for a 3-year period, or shall submit the plan on such date, and at such regular intervals, as the Secretary may determine to be appropriate to coincide with the intervals at which the State submits State plans under other Federal laws, such as part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). In order to be eligible to participate in programs under this subchapter, a State, upon the request of the Commissioner, shall make such annual revisions in the plan as may be necessary. Each such plan shall—

(1) State agency for plan administration, designation; separate agencies for services to individuals who are blind and for other services; joint program; political subdivision participation, waiver; qualification of State agency

(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration by a local agency, except that (i) where, under the State's law, the State agency for individuals who are blind or other agency which provides assistance or services to adults who are blind is authorized to provide vocational rehabilitation services to such individuals, such agency may be designated as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administration of such part by a local agency) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan, (ii) the Commissioner, upon the request of a State, may authorize such agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit such agencies to carry out a joint program to provide services to individuals with disabilities, and may waive compliance with respect to vocational rehabilitation services furnished under such programs with the requirement of paragraph (4) of this subsection that the plan be in effect in all political subdivisions of that State, and (iii) in the case of American Samoa, the appropriate State agency shall be the Governor of American Samoa;

(B) provide that the State agency so designated to administer or supervise the administration of the State plan, or (if there are two State agencies designated under subparagraph (A) of this paragraph) to supervise or administer the part of the State plan that does not relate to services for individuals who are blind, shall be (i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, (ii) the State agency administering or supervising the administration of education or vocational education in the State, or (iii) a State agency which includes at least two other major organizational units each of which administers one or more of the major public education, public health, public welfare, or labor programs of the State;

(2) State rehabilitation bureau; director; staff; major organizational status; separate units for services to individuals who are blind and for other services

provide, except in the case of agencies described in paragraph (1)(B)(i)—

(A) that the State agency designated pursuant to paragraph (1) (or each State agency if two are so designated) shall include a vocational rehabilitation bureau, division, or other organizational unit which (i) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, and is responsible for the vocational rehabilitation program of such State agency, (ii) has a full-time director, and (iii) has a staff employed on such rehabilitation work of such organizational unit all or substantially all of whom are employed full time on such work; and

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in paragraph (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to paragraph (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational rehabilitation services are provided for individuals who are blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this paragraph applying separately to each of such units;

(3) State financial participation

provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non-Federal share;

(4) Political subdivision participation, waiver; regulations; funds of local agency for non-Federal share of cost of services

provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Commissioner, is likely to assist in promoting the vocational rehabilitation of substantially larger numbers of individuals with disabilities or groups of individuals with disabilities the Commissioner may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by the Commissioner, but only if the non-Federal share of the cost of such vocational rehabilitation services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

(5) Plans, policies, and methods for execution, administration, and supervision of State plan; comprehensive, Statewide assessment of rehabilitation needs of individuals with severe disabilities; expansion and improvement of services; maximum utilization of facilities; priorities in order of selection; achievement of outcome and service goals; assistance to individuals with most severe disabilities; rehabilitation technology services

(A) contain the plans, policies, and methods to be followed in carrying out the State plan and in its administration and supervision, including the results of a comprehensive, Statewide assessment of the rehabilitation needs of individuals with severe disabilities residing within the State and the State's response to the assessment, a description of the method to be used to expand and improve services to individuals with the most severe disabilities, including individuals served under part C of subchapter VI of this chapter, and a description of the method to be used to utilize community rehabilitation programs to the maximum extent feasible, an explanation of the methods by which the State will provide vocational rehabilitation services to all individuals with disabilities within the State who are eligible for such services, and, in the event that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities who apply for such services, (i) show and provide the justification for the order to be followed in selecting individuals to whom vocational rehabilitation services will be provided,,1 and (ii) show the outcomes and service goals,,1 and the time within which they may be achieved, for the rehabilitation of such individuals, which order of selection for the provision of vocational rehabilitation services shall be determined on the basis of serving first those individuals with the most severe disabilities in accordance with criteria established by the State, and shall be consistent with priorities in such order of selection so determined, and outcome and service goals for serving individuals with disabilities, established in regulations prescribed by the Commissioner;

(B) provide satisfactory assurances to the Commissioner that the State has studied and considered a broad variety of means for providing services to individuals with the most severe disabilities, including the use of funds under part C of subchapter VI of this chapter to supplement funds under part B of this subchapter to pay for the cost of services leading to supported employment; and

(C) describe—

(i) how a broad range of rehabilitation technology services will be provided at each stage of the rehabilitation process;

(ii) how a broad range of such rehabilitation technology services will be provided on a statewide basis; and

(iii) the training that will be provided to vocational rehabilitation counselors, client assistance personnel, and other related services personnel;

(6) Methods of administration; State employment requirement; architectural barriers requirement

(A) provide for such methods of administration, other than methods relating to the establishment and maintenance of personnel standards, as are found by the Commissioner to be necessary for the proper and efficient administration of the plan (including a requirement that the State agency and facilities in receipt of assistance under this subchapter shall take affirmative action to employ and advance in employment qualified individuals with disabilities covered under, and on the same terms and conditions as set forth in, section 793 of this title); and

(B) provide satisfactory assurances that facilities used in connection with the delivery of services assisted under the plan will comply with the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968 [42 U.S.C. 4151 et seq.], with section 794 of this title, and with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.];

(7) Personnel development; standards for training of personnel; minimum standards to assure availability of trained language interpreters

(A) include a description (consistent with the purposes of this chapter) of a comprehensive system of personnel development, which shall include—

(i) a description of the procedures and activities the State agency will undertake to ensure an adequate supply of qualified State rehabilitation professionals and paraprofessionals for the designated State unit, including the development and maintenance of a system for determining, on an annual basis—

(I) the number and type of personnel that are employed by the State agency in the provision of vocational rehabilitation services, including ratios of counselors to clients; and

(II) the number and type of personnel needed by the State, and a projection of the numbers of such personnel that will be needed in 5 years, based on projections of the number of individuals to be served, the number of such personnel who are expected to retire or leave the field, and other relevant factors;

(ii) where appropriate, a description of the manner in which activities will be undertaken through this section to coordinate the system of personnel development with personnel development under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(iii) a description of the development and maintenance of a system of determining, on an annual basis, information on the institutions of higher education within the State that are preparing rehabilitation professionals, including—

(I) the numbers of students enrolled in such programs; and

(II) the number who graduated with certification or licensure, or with credentials to qualify for certification or licensure, during the past year;

(iv) a description of the development, updating, and implementation of a plan that—

(I) will address the current and projected vocational rehabilitation services personnel training needs for the designated State unit; and

(II) provides for the coordination and facilitation of efforts between the designated State unit and institutions of higher education (as defined in section 1141(a) of title 20) and professional associations to recruit, prepare and retain qualified personnel, including personnel from minority backgrounds, and personnel who are individuals with disabilities; and

(v) a description of the procedures and activities the State agency will undertake to ensure that all personnel employed by the designated State unit are appropriately and adequately trained and prepared, including—

(I) a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology; and

(II) procedures for acquiring and disseminating to rehabilitation professionals and paraprofessionals within the designated State unit significant knowledge from research and other sources, including procedures for providing training regarding the amendments to this chapter made by the Rehabilitation Act Amendments of 1992;

(B) set forth policies and procedures relating to the establishment and maintenance of standards to ensure that personnel, including professionals and paraprofessionals, needed within the State agency to carry out this part are appropriately and adequately prepared and trained, including—

(i) the establishment and maintenance of standards that are consistent with any national or State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing vocational rehabilitation services; and

(ii) to the extent such standards are not based on the highest requirements in the State applicable to a specific profession or discipline, the steps the State is taking to require the retraining or hiring of personnel within the designated State unit that meet appropriate professional requirements in the State; and

(C) contain provisions relating to the establishment and maintenance of minimum standards to ensure the availability of personnel within the designated State unit, to the maximum extent feasible, trained to communicate in the native language or mode of communication of the client;

(8) Determination regarding availability of comparable services and benefits under any other program

provide, at a minimum, for the provision of the vocational rehabilitation services specified in paragraphs (1) through (3) and paragraph (12) of section 723(a) of this title, and for the provision of such other services as are specified under such section after a determination that comparable services and benefits are not available under any other program, except that such a determination shall not be required—

(A) if the determination would delay the provision of such services to any individual at extreme medical risk; or

(B) prior to the provision of such services if an immediate job placement would be lost due to a delay in the provision of such comparable benefits;

(9) Information utilized in making eligibility determinations; individualized written rehabilitation program; recordkeeping requirements

provided that—

(A) to the maximum extent appropriate, and consistent with the requirements of this chapter, existing information available from other programs and providers (particularly information used by education officials and the Social Security Administration) and information that can be provided by the individual with a disability or the family of the individual shall be used for purposes of determining eligibility for vocational rehabilitation services and for choosing rehabilitation goals, objectives, and services;

(B) an individualized written rehabilitation program meeting the requirements of section 722 of this title will be developed for each individual with a disability eligible for vocational rehabilitation services under this chapter;

(C) such services will be provided under the plan in accordance with such program; and

(D) records of the characteristics of each applicant will be kept specifying, as to those individuals who apply for services under this subchapter and are determined not to be eligible therefor, the reasons for such determinations in such detail as required by the Commissioner in order for the Commissioner to analyze and evaluate annually the reasons for and numbers of such ineligibility determinations as part of the Commissioner's responsibilities under section 712 of this title, and that the State agency will at least annually categorize and analyze such reasons and numbers and report this information to the Commissioner and will, not later than 12 months after each such determination, review each such ineligibility determination in accordance with the criteria set forth in section 722 of this title;

(10) Reports of State agency; form; scope of information; time of report; correctness and verification

(A) provide that the State agency will make such reports in such form, containing such information (including the data described in subparagraph (D) of paragraph (9) of this subsection, periodic estimates of the population of individuals with disabilities eligible for services under this chapter in such State, specifications of the number of such individuals who will be served with funds provided under this chapter and the outcomes and service goals to be achieved for such individuals in each priority category specified in accordance with paragraph (5) of this subsection, and the service costs for each such category), and at such time as the Commissioner may require to carry out the functions of the Commissioner under this subchapter, and comply with such provisions as are necessary to assure the correctness and verification of such reports; and

(B) provide that reports under subparagraph (A) will include information on—

(i) the number of such individuals who are evaluated and the number rehabilitated;

(ii) the costs of administration, counseling, provision of direct services, development of community rehabilitation programs, and other functions carried out under this chapter; and

(iii) the utilization by such individuals of other programs pursuant to paragraph (11);

(11) Intergovernmental cooperation

(A) provide for interagency cooperation with, and the utilization of the services and facilities of, the State agencies administering the State's public assistance programs, other programs for individuals with disabilities, veterans programs, community mental health programs, manpower programs, and public employment offices, and the Social Security Administration of the Department of Health and Human Services, the Department of Veterans Affairs, and other Federal, State, and local public agencies providing services related to the rehabilitation of individuals with disabilities (specifically including arrangements for the coordination of services to individuals eligible for services under this chapter, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), and the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);

(B) provide that cooperation under subparagraph (A) shall include, to the extent practicable, means for providing training to staff of the agencies described in subparagraph (A) as to the availability and benefits of, and eligibility standards for, vocational rehabilitation services, in order to enhance the opportunity of individuals receiving the services described in subparagraph (A) to obtain vocational rehabilitation services; and

(C) in providing for interagency cooperation under subparagraph (A), provide for such cooperation by means including, if appropriate—

(i) establishing interagency working groups; and

(ii) entering into formal interagency cooperative agreements that—

(I) identify policies, practices, and procedures that can be coordinated among the agencies (particularly definitions, standards for eligibility, the joint sharing and use of evaluations and assessments, and procedures for making referrals);

(II) identify available resources and define the financial responsibility of each agency for paying for necessary services (consistent with State law) and procedures for resolving disputes between agencies; and

(III) include all additional components necessary to ensure meaningful cooperation and coordination;

(12) Community resources; utilization; agreements for services provided by community rehabilitation programs

(A) provide satisfactory assurances to the Commissioner that, in the provision of vocational rehabilitation services, maximum utilization shall be made of public or other vocational or technical training programs or other appropriate resources in the community; and

(B) provide (as appropriate) for entering into agreements with the operators of community rehabilitation programs for the provision of services for the rehabilitation of individuals with disabilities;

(13) Disabled Federal employees; disabled public safety officers

(A) provide that vocational rehabilitation services provided under the State plan shall be available to any civil employee of the United States who is disabled while in the performance of the employee's duty on the same terms and conditions as apply to other persons, and

(B) provide that special consideration will be given to the rehabilitation under this chapter of an individual with a disability whose disability was sustained in the line of duty while such individual was performing as a public safety officer if the proximate cause of such disability was a criminal act, apparent criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and administration of law or fire prevention, firefighting, or related public safety activities;

(14) Residency requirement; prohibition

provide that no residence requirement will be imposed which excludes from services under the plan any individual who is present in the State;

(15) Continuing studies

provide for continuing statewide studies of the needs of individuals with disabilities and how these needs may be most effectively met, including—

(A) a full needs assessment for serving individuals with severe disabilities;

(B) an assessment of the capacity and effectiveness of community rehabilitation programs, plans for improving such programs, and policies for the use thereof by the State agency;

(C) review of the efficacy of the criteria employed with respect to ineligibility determinations described in paragraph (9)(C) 2 of this subsection with a view toward the relative need for services to significant segments of the population of individuals with disabilities and the need for expansion of services to those individuals with the most severe disabilities; and

(D) outreach procedures to identify and serve individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation system;

(16) Employment review and reevaluation

provide for—

(A)(i) at least annual review and reevaluation of the status of each individual with a disability placed in an extended employment setting in a community rehabilitation program (including a workshop) or other employment under section 214(c) of this title, to determine the interests, priorities, and needs of the individual for employment, or training for competitive employment, in an integrated setting in the labor market; and

(ii) input into the review and reevaluation by the individual with a disability, or, in an appropriate case, a parent, a family member, a guardian, an advocate, or an authorized representative, of the individual, if the individual requests, desires, or needs assistance;

(B) maximum efforts, including the identification of vocational rehabilitation services, reasonable accommodations, and other support services, to enable such an individual to benefit from training or to be placed in employment in an integrated setting; and

(C) services designed to promote movement from extended employment to integrated employment, including supported employment, independent living, and community participation;

(17) State facilities, construction; Federal share of construction costs; general grant and contract requirements applicable; nonreduction of other rehabilitation services

provide that if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs—

(A) the Federal share of the cost of construction thereof for a fiscal year will not exceed an amount equal to 10 per centum of the State's allotment for such year,

(B) the provisions of section 776 of this title shall be applicable to such construction and such provisions shall be deemed to apply to such construction, and

(C) there shall be compliance with regulations the Commissioner shall prescribe designed to assure that no State will reduce its efforts in providing other vocational rehabilitation services (other than for the establishment of facilities for community rehabilitation programs) because its plan includes such provisions for construction;

(18) Policy planning; trainee participation

provide satisfactory assurances to the Commissioner that the State agency designated pursuant to paragraph (1) (or each State agency if two are so designated) and any sole local agency administering the plan in a political subdivision of the State will take into account, in connection with matters of general policy arising in the administration of the plan, the views of individuals and groups thereof who are recipients of vocational rehabilitation services (or, in appropriate cases, their parents or guardians), personnel working in the field of vocational rehabilitation, providers of vocational rehabilitation services, and the Director of the client assistance program under section 732 of this title;

(19) Amendments; continuing studies and annual evaluation as basis

provide satisfactory assurances to the Commissioner that the continuing studies required under paragraph (15) of this subsection, as well as an annual evaluation of the effectiveness of the program in meeting the goals and priorities set forth in the plan, will form the basis for the submission, from time to time as the Commissioner may require, of appropriate amendments to the plan, and for developing and updating the strategic plan required under part C of this subchapter;

(20) Consultation with Indian tribes and tribal organizations and native Hawaiian organizations; services to American Indians who are individuals with disabilities

provide satisfactory assurances to the Commissioner that, as appropriate, the State shall actively consult with Indian tribes and tribal organizations and native Hawaiian organizations in the development of the State plan, and that, except as otherwise provided in section 750 of this title, the State shall provide vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent as the State provides such services to other significant segments of the population of individuals with disabilities residing in the State;

(21) Contracts with profitmaking organizations; on-the-job training

provide that the State agency has the authority to enter into contracts with profitmaking organizations for the purpose of providing on-the-job training and related programs for individuals with disabilities under part B of subchapter VI of this chapter upon a determination by such agency that such profitmaking organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations;

(22) Information and referral programs

provide for the establishment and maintenance of information and referral programs (the staff of which shall include, to the maximum extent feasible, interpreters for individuals who are deaf) in sufficient numbers to assure that individuals with disabilities within the State are afforded accurate vocational rehabilitation information and appropriate referrals to other Federal and State programs and activities which would benefit them;

(23) Public meetings; notice and comment; response

(A) provide satisfactory assurances that in the formulation of policies governing the provision of the rehabilitation services consistent with the State plan, and any revisions, that the State agency conducts public meetings throughout the State, after appropriate and sufficient notice, to allow interested groups and organizations and all segments of the public an opportunity to comment on the State plan before development of the plan by the State, (B) include a summary of such comments and the State agency's response to such comments, and (C) provide satisfactory assurances that the State agency will consult with the Director of the client assistance program under section 732 of this title in the formulation of policies governing the provision of vocational rehabilitation services consistent with the State plan and other revisions;

(24) Goals and public education

contain plans, policies, and procedures to be followed (including entering into a formal interagency cooperative agreement, in accordance with paragraph (11)(C)(ii), with education officials responsible for the provision of a free appropriate public education to students who are individuals with disabilities) that are designed to—

(A) facilitate the development and accomplishment of—

(i) long-term rehabilitation goals;

(ii) intermediate rehabilitation objectives; and

(iii) goals and objectives related to enabling a student to live independently before the student leaves a school setting,

to the extent the goals and objectives described in clauses (i) through (iii) are included in an individualized education program of the student, including the specification of plans for coordination with the educational agencies in the provision of transition services;

(B) facilitate the transition from the provision of a free appropriate public education under the responsibility of an educational agency to the provision of vocational rehabilitation services under the responsibility of the designated State unit, including the specification of plans for coordination with educational agencies in the provision of transition services authorized under section 723(a)(14) of this title to an individual, consistent with the individualized written rehabilitation program of the individual; and

(C) provide that such plans, policies, and procedures will address—

(i) provisions for determining State lead agencies and qualified personnel responsible for transition services;

(ii) procedures for outreach to and identification of youth in need of such services; and

(iii) a timeframe for evaluation and followup of youth who have received such services;

(25) Use of supported employment funds

provide assurances satisfactory to the Secretary that the State has an acceptable plan for carrying out part C of subchapter VI of this chapter, including the use of funds under that part to supplement funds under part B of this subchapter for the cost of services leading to supported employment;

(26) Manner of providing personal assistance services

describe the manner in which on-the-job or other related personal assistance services will be provided to assist individuals with disabilities while the individuals are receiving vocational rehabilitation services;

(27) Cooperative agreements with private nonprofit vocational rehabilitation service providers

describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established;

(28) Identification of needs and utilization of community rehabilitation programs

identify the needs and utilization of community rehabilitation programs under the Act commonly known as the Wagner-O'Day Act (41 U.S.C. 46 et seq.);

(29) Choice and control of determining vocational rehabilitation goals and objectives

describe the manner in which individuals with disabilities will be given choice and increased control in determining their vocational rehabilitation goals and objectives;

(30) Access to vocational rehabilitation services

describe the manner in which students who are individuals with disabilities and who are not in special education programs can access and receive vocational rehabilitation services, where appropriate;

(31) Assistive technology devices and services

describe the manner in which assistive technology devices and services will be provided, or worksite assessments will be made as part of the assessment for determining eligibility and vocational rehabilitation needs of an individual;

(32) Modification of State policies and procedures

describe the manner in which the State will modify the policies and procedures of the State based on consumer satisfaction surveys conducted by the State Rehabilitation Advisory Council or independent commission described in paragraph (36);

(33) Coordination of Statewide Independent Living Council and independent living centers

provide for coordination and working relationships with the Statewide Independent Living Council established under section 796d of this title and independent living centers within the State;

(34) Strategic plan for expansion and improvement of vocational rehabilitation services statewide

provide satisfactory assurances to the Commissioner that the State—

(A) has developed and implemented a strategic plan for expanding and improving vocational rehabilitation services for individuals with disabilities on a statewide basis in accordance with part C of this subchapter; and

(B) will use at least 1.5 percent of the allotment of the State under section 730 of this title for the uses described in section 743 of this title;

(35) Evaluation of performance of rehabilitation personnel

(A) describe how the system for evaluating the performance of rehabilitation counselors, coordinators, and other personnel used in the State facilitates the accomplishment of the purpose and policy of this subchapter, including the policy of serving, among others, individuals with the most severe disabilities; and

(B) provide satisfactory assurances that the system in no way impedes such accomplishment; and

(36) State Rehabilitation Advisory Council; designated State agencies

provide satisfactory assurances to the Commissioner that—

(A)(i) the State has established a State Rehabilitation Advisory Council that meets the criteria set forth in section 725 of this title;

(ii) the designated State agency and the designated State unit seek and seriously consider on a regular and ongoing basis advice from the Council regarding the development and implementation of the State plan and the strategic plan and amendments to the plans, and other policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services in the State;

(iii) the designated State agency includes, in its State plan or an amendment to the plan, a summary of advice provided by the Council, including recommendations from the annual report of the Council, the survey of consumer satisfaction, and other reports prepared by the Council, and the response of the designated State agency to such advice and recommendations (including explanations with respect to advice and recommendations that were rejected); and

(iv) the designated State unit transmits to the Council—

(I) all plans, reports, and other information required under the 3 chapter to be submitted to the Commissioner;

(II) all policies, practices, and procedures of general applicability provided to or used by rehabilitation personnel; and

(III) copies of due process hearing decisions, which shall be transmitted in such a manner as to preserve the confidentiality of the participants in the hearings;

(B) an independent commission—

(i) is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State;

(ii) is consumer-controlled by persons who—

(I) are individuals with physical or mental impairments that substantially limit major life activities; and

(II) represent individuals with a broad range of disabilities;

(iii) includes individuals representing family members, advocates, and authorized representatives of individuals with mental impairments; and

(iv) undertakes the function set forth in section 725(c)(3) of this title; or

(C) in the case of a State that, under subsection (a)(1)(A)(i) of this section, designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind and designates a separate State agency to administer the remainder of the State plan—

(i) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation programs of both such agencies and meets the requirements of clauses (ii) and (iv) of subparagraph (B);

(ii)(I) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who are blind, and undertakes the function set forth in section 725(c)(3) of this title; and

(II) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for all individuals with disabilities except for individuals who are blind and meets the requirements of clauses (ii) and (iv) of subparagraph (B); or

(iii)(I) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who are blind, and undertakes the function set forth in section 725(c)(3) of this title; and

(II) the State has established a State Rehabilitation Advisory Council that meets the criteria set forth in section 725 of this title and carries out the duties of such a Council with respect to functions for, and services provided to, individuals with disabilities except for individuals who are blind.

(b) Approval or disapproval by Commissioner; notice and hearing

The Commissioner shall approve any plan which the Commissioner finds fulfills the conditions specified in subsection (a) of this section, and shall disapprove any plan which does not fulfill such conditions. Prior to such disapproval, the Commissioner shall notify a State of the intention to disapprove its plan, and shall afford such State reasonable notice and opportunity for hearing.

(Pub. L. 93–112, title I, §101, Sept. 26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, §111(b)–(d), Dec. 7, 1974, 88 Stat. 1619, 1620; Pub. L. 93–651, title I, §111(b)–(d), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, §§102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98–221, title I, §104(a)(2), Feb. 22, 1984, 98 Stat. 18; Pub. L. 98–524, §4(f), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 99–506, title I, §103(d)(2), title II, §202, title X, §1001(b)(1)–(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841, 1842; Pub. L. 100–630, title II, §202(b), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–54, §13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102–119, §26(e), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–569, title I, §§102(o), (p)(7), 122, Oct. 29, 1992, 106 Stat. 4355, 4356, 4367; Pub. L. 103–73, title I, §§102(2), 107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L. 104–106, div. D, title XLIII, §4321(i)(7), Feb. 10, 1996, 110 Stat. 676.)

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (a), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20, Education. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, referred to in subsec. (a)(6)(B), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally to chapter 51 (§4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in subsec. (a)(6)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The Rehabilitation Act Amendments of 1992, referred to in subsec. (a)(7)(A)(v)(II), is Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 701 of this title and Tables.

Paragraph (9)(C) of this subsection, referred to in subsec. (a)(15)(C), was redesignated paragraph (9)(D) of this subsection by Pub. L. 102–569, title I, §122(g)(1), Oct. 29, 1992, 106 Stat. 4370.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (a)(11)(A), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Javits-Wagner-O'Day Act and the Wagner-O'Day Act, referred to in subsec. (a)(11)(A), (28), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables.

Codification

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note set out under section 701 of this title.

Prior Provisions

Prior similar provisions were contained in former sections 35, 41c, and 42–1 of this title.

Amendments

1996—Subsec. (a)(11)(A). Pub. L. 104–106 substituted “the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)” for “the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C. 46 et seq.)”.

1993—Subsec. (a)(10)(A). Pub. L. 103–73, §107(a)(1), substituted “described in subparagraph (D)” for “described in subparagraph (C)”.

Subsec. (a)(13)(B). Pub. L. 103–73, §102(2), made technical correction to Pub. L. 102–569, §102(p)(7)(E). See 1992 Amendment note below.

Subsec. (a)(32). Pub. L. 103–73, §107(a)(2), inserted “or independent commission described in paragraph (36)” after “Council”.

Subsec. (a)(34)(B). Pub. L. 103–73, §107(a)(3), substituted “section 730 of this title” for “part B of this subchapter”.

Subsec. (a)(36)(B)(i). Pub. L. 103–73, §107(a)(4)(A), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “is responsible under State law for overseeing the operation of the designated State agency;”.

Subsec. (a)(36)(C)(i). Pub. L. 103–73, §107(a)(4)(B)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “an independent commission is responsible under State law for overseeing both such agencies and meets the requirements of subparagraph (B)(ii); or”.

Subsec. (a)(36)(C)(ii), (iii). Pub. L. 103–73, §107(a)(4)(B)(ii), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows:

“(I) an independent commission is responsible under State law for overseeing the first agency described in this subparagraph and meets the requirements of subparagraph (B)(ii); and

“(II) an independent commission is responsible under State law for overseeing the second State agency described in this subparagraph and is required by such State law to be consumer-controlled by individuals who are blind and to represent individuals who are blind.”

1992—Subsec. (a). Pub. L. 102–569, §122(a), substituted “for a 3-year period, or shall submit the plan on such date, and at such regular intervals, as the Secretary may determine to be appropriate to coincide with the intervals at which the State submits State plans under other Federal laws, such as part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). In order to be eligible to participate in programs under this subchapter, a State, upon the request of the Commissioner, shall make such annual revisions in the plan as may be necessary.” for “for a three-year period and, upon request of the Commissioner, shall make such annual revisions in the plan as may be necessary.”

Subsec. (a)(1)(A). Pub. L. 102–569, §122(b), struck out “and” at end of cl. (i) and inserted “, and” and cl. (iii) before semicolon at end.

Pub. L. 102–569, §102(o)(1), (p)(7)(A)(i), (ii), in cl. (i), substituted “individuals who are blind” for “the blind” in two places and “adults who are blind” for “the adult blind” and in cl. (ii), substituted “individuals with disabilities” for “individuals with handicaps” and “paragraph (4)” for “clause (4)”.

Subsec. (a)(1)(B). Pub. L. 102–569, §102(o)(1), (2), (p)(7)(A)(i), (iii), substituted “subparagraph (A) of this paragraph” for “subclause (A) of this clause”, “individuals who are blind” for “the blind”, and “individuals with disabilities” for “individuals with handicaps”.

Subsec. (a)(2). Pub. L. 102–569, §102(o)(1), (p)(7)(B), (C), in introductory provisions, substituted “paragraph” for “clause” in subpar. (A), substituted “individuals with disabilities” for “individuals with handicaps”, and in subpar. (B), substituted “paragraph” for “clause” wherever appearing and “individuals who are blind” for “the blind”.

Subsec. (a)(4). Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps” in two places.

Subsec. (a)(5)(A). Pub. L. 102–569, §122(c)(1), substituted “community rehabilitation programs to the maximum extent feasible, an explanation of the methods by which the State will provide vocational rehabilitation services to all individuals with disabilities within the State who are eligible for such services,” for “existing rehabilitation facilities to the maximum extent feasible;” and in cl. (ii), inserted “in accordance with criteria established by the State,” before “and shall be consistent”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps” wherever appearing.

Subsec. (a)(5)(B). Pub. L. 102–569, §122(c)(2), inserted before semicolon at end “, including the use of funds under part C of subchapter VI of this chapter to supplement funds under part B of this subchapter to pay for the cost of services leading to supported employment”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(5)(C). Pub. L. 102–569, §122(c)(3), added subpar. (C) and struck out former subpar. (C) which read as follows: “describe how rehabilitation engineering services will be provided to assist an increasing number of individuals with disabilities;”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(6)(A). Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(6)(B). Pub. L. 102–569, §122(d), inserted before semicolon at end “, with section 794 of this title, and with the Americans with Disabilities Act of 1990”.

Subsec. (a)(7). Pub. L. 102–569, §122(e), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “contain (A) provisions relating to the establishment and maintenance of personnel standards, which are consistent with any State licensure laws and regulations, including provisions relating to the tenure, selection, appointment, and qualifications of personnel, (B) provisions relating to the establishment and maintenance of minimum standards governing the facilities and qualified personnel utilized therein the provision of vocational rehabilitation services, but the Commissioner shall exercise no authority with respect to the selection, method of selection, tenure of office, or compensation of any individual employed in accordance with such provision, and (C) provisions relating to the establishment and maintenance of minimum standards to assure the availability of personnel, to the maximum extent feasible, trained to communicate in the client's native language or mode of communication;”.

Subsec. (a)(8). Pub. L. 102–569, §122(f), substituted “except that such a determination shall not be required—” and subpars. (A) and (B) for “except that such determinations shall not be required where it would delay the provision of such services to any individual at extreme medical risk;”.

Pub. L. 102–569, §102(o)(1), (3), substituted “paragraphs” for “clauses” and “paragraph” for “clause”.

Subsec. (a)(9). Pub. L. 102–569, §122(g), added subpar. (A), redesignated former subpars. (A) to (C) as (B) to (D), respectively, realigned margins, and substituted a semicolon for the comma at end of subpars. (B) and (C).

Pub. L. 102–569, §102(p)(7)(D), substituted “a disability” for “handicaps” in cl. (A).

Subsec. (a)(10). Pub. L. 102–569, §122(h), designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 102–569, §102(o)(1), (2), (p)(7)(C), substituted “subparagraph” for “subclause”, “paragraph” for “clause” in two places, and “disabilities” for “handicaps”.

Subsec. (a)(11). Pub. L. 102–569, §122(i), designated existing provisions as subpar. (A), substituted “provide for interagency cooperation” for “provide for entering into cooperative arrangements” and “(20 U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), and the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C. 46 et seq.);” for “, and the Carl D. Perkins Vocational Education Act);”, and added subpars. (C) and (D).

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps” in two places.

Subsec. (a)(12)(A). Pub. L. 102–569, §122(j)(1), substituted “programs” for “facilities”.

Subsec. (a)(12)(B). Pub. L. 102–569, §122(j)(2), substituted “community rehabilitation programs” for “rehabilitation facilities”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(13)(B). Pub. L. 102–569, §102(p)(7)(E), as amended by Pub. L. 103–73, §102(2), substituted “with a disability whose disability was sustained” for “with handicaps whose handicapping condition arises from a disability sustained”.

Subsec. (a)(15). Pub. L. 102–569, §122(k)(1), inserted par. designation “(15)”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps” in introductory provisions.

Subsec. (a)(15)(A). Pub. L. 102–569, §122(k)(2)(A), struck out “conducting” before “a full needs assessment”.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(15)(B). Pub. L. 102–569, §122(k)(2)(B), substituted “capacity and effectiveness of community rehabilitation programs, plans for improving such programs,” for “capacity and condition of rehabilitation facilities, plans for improving such facilities,” and struck out “and” at end.

Subsec. (a)(15)(C). Pub. L. 102–569, §122(k)(2)(C), inserted “and” at end.

Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps” in two places.

Subsec. (a)(15)(D). Pub. L. 102–569, §122(k)(2)(D), added subpar. (D).

Subsec. (a)(16). Pub. L. 102–569, §122(l), amended par. (16) generally. Prior to amendment, par. (16) read as follows: “provide for (A) periodic review and reevaluation of the status of individuals with handicaps placed in extended employment in rehabilitation facilities (including workshops) to determine the feasibility of their employment, or training for employment, in the competitive labor market, and (B) maximum efforts to place such individuals in such employment or training whenever it is determined to be feasible;”.

Subsec. (a)(17). Pub. L. 102–569, §122(m)(1), in introductory provisions, substituted “if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs” for “where such State plan includes provisions for the construction of rehabilitation facilities”.

Subsec. (a)(17)(C). Pub. L. 102–569, §122(m)(2), substituted “facilities for community rehabilitation programs” for “rehabilitation facilities”.

Subsec. (a)(18). Pub. L. 102–569, §122(n), substituted “providers of vocational rehabilitation services, and the Director of the client assistance program under section 732 of this title” for “and providers of vocational rehabilitation services”.

Pub. L. 102–569, §102(o)(1), substituted “paragraph” for “clause”.

Subsec. (a)(19). Pub. L. 102–569, §122(o), inserted “, and for developing and updating the strategic plan required under part C of this subchapter” before semicolon at end.

Pub. L. 102–569, §102(o)(1), substituted “paragraph” for “clause”.

Subsec. (a)(20). Pub. L. 102–569, §102(p)(7)(F), substituted “American Indians who are individuals with disabilities” for “American Indians with handicaps” and “individuals with disabilities” for “individuals with handicaps”.

Subsec. (a)(21). Pub. L. 102–569, §102(p)(7)(C), substituted “disabilities” for “handicaps”.

Subsec. (a)(22). Pub. L. 102–569, §102(p)(7)(G), substituted “individuals who are deaf” for “the deaf” and “disabilities” for “handicaps”.

Subsec. (a)(23). Pub. L. 102–569, §122(p), inserted “before development of the plan by the State” after “comment on the State plan”, struck out “and” before “(B)”, and inserted before semicolon “, and” and subpar. (C).

Subsec. (a)(24). Pub. L. 102–569, §122(q), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “contain the plans, policies, and methods to be followed to assist in the transition from education to employment related activities; and”.

Subsec. (a)(25). Pub. L. 102–569, §122(r), amended par. (25) generally. Prior to amendment, par. (25) read as follows: “provide satisfactory assurances that the State has an acceptable plan for part C of subchapter VI of this chapter.”

Subsec. (a)(26) to (36). Pub. L. 102–569, §122(s), added pars. (26) to (36).

Subsecs. (c), (d). Pub. L. 102–569, §122(t), struck out subsec. (c) which provided for payment limitations in cases of noncompliance and disbursement of withheld funds and subsec. (d) which provided for judicial review, additional submissions and presentations, new or modified determinations by the Commissioner, relief, and scope of review. See section 727(c) and (d) of this title.

1991—Subsec. (a)(11). Pub. L. 102–119 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1988—Subsec. (a)(1)(A)(i). Pub. L. 100–630, §202(b)(1), inserted comma after “where” and after “law” and struck out comma after “adult blind”.

Subsec. (a)(4). Pub. L. 100–630, §202(b)(2), substituted “prescribed by the Commissioner” for “prescribed by him”.

Subsec. (a)(5)(A). Pub. L. 100–630, §202(b)(3)–(5), in introductory provisions, substituted “individuals with the most severe handicaps,” for “individuals with handicaps with the most severe handicaps”, in cl. (i), substituted “provided,, and” for “provided, and”, and in cl. (ii), substituted “goals,, and” for “goals, and”.

Subsec. (a)(7)(B). Pub. L. 100–630, §202(b)(6), substituted “utilized therein” for “utilized in”.

Subsec. (a)(9)(C). Pub. L. 100–630, §202(b)(7), substituted “the Commissioner to analyze” for “him to analyze” and “the Commissioner's responsibilities” for “his responsibilities”.

Subsec. (a)(13)(A). Pub. L. 100–630, §202(b)(8), inserted “who is” before “disabled” and substituted “the employee's” for “his”.

Subsec. (a)(13)(B). Pub. L. 100–630, §202(b)(9), substituted “if the proximate cause” for “and the proximate cause”.

Subsec. (a)(15). Pub. L. 100–630, §202(b)(10), amended par. (15) generally, substituting new text without a par. designation. Prior to amendment, par. (15) read as follows: “provide for continuing statewide studies of the needs of individuals with handicaps and how these needs may be most effectively met, including conducting a full needs assessment for serving individuals with severe handicaps and including the capacity and condition of rehabilitation facilities, plans for improving such facilities, and policies for the use thereof by the State agency and review of the efficacy of the criteria employed with respect to ineligibility determinations described in subclause (C) of clause (9) of this subsection with a view toward the relative need for services to significant segments of the population of individuals with handicaps and the need for expansion of services to those individuals with the most severe handicaps;”.

Subsec. (a)(20). Pub. L. 100–630, §202(b)(11), substituted “American Indians with handicaps” for “handicapped American Indians”.

1986—Subsec. (a)(1), (2)(A), (4). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.

Subsec. (a)(5)(A). Pub. L. 99–506, §§103(d)(2)(C), 202(a)(1)(A), (B), inserted “the results of a comprehensive, Statewide assessment of the rehabilitation needs of individuals with severe handicaps residing within the State and the State's response to the assessment,” after “including”, substituted “individuals with handicaps” for “handicapped individuals” wherever appearing, and inserted “including individuals served under part C of subchapter VI of this chapter”.

Subsec. (a)(5)(A)(i). Pub. L. 99–506, §202(a)(1)(C), substituted “(i) show and provide the justification for” for “show (i)”.

Subsec. (a)(5)(A)(ii). Pub. L. 99–506, §§103(d)(2)(C), 202(a)(1)(D), inserted “show” after “(ii)” and substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(5)(C). Pub. L. 99–506, §202(a)(2), added subpar. (C).

Subsec. (a)(6)(A). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(7)(B). Pub. L. 99–506, §202(b), inserted “qualified” after “facilities and”.

Subsec. (a)(8). Pub. L. 99–506, §202(c), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “provide, at a minimum, for the provision of the vocational rehabilitation services specified in clauses (1) through (3) of subsection (a) of section 723 of this title, and the remainder of such services specified in such section after full consideration of eligibility for similar benefits under any other program, except that, in the case of the vocational rehabilitation services specified in clauses (4) and (5) of subsection (a) of such section, such consideration shall not be required where it would delay the provision of such services to any individual;”.

Subsec. (a)(9)(A). Pub. L. 99–506, §103(d)(2)(B), substituted “individual with handicaps” for “handicapped individual”.

Subsec. (a)(10). Pub. L. 99–506, §103(d)(2)(C), 1001(b)(1), substituted “individuals with handicaps” for “handicapped individuals”, “to carry out the functions of the Commissioner” for “to carry out his functions”, and “such provisions as are necessary” for “such provisions as he may find necessary”.

Subsec. (a)(11). Pub. L. 99–506, §§103(d)(2)(C), 202(d), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing, and inserted “community mental health programs,” after “veterans programs,”.

Subsec. (a)(12)(B). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(13)(B). Pub. L. 99–506, §103(d)(2)(A), substituted “an individual with handicaps” for “a handicapped individual”.

Subsec. (a)(15). Pub. L. 99–506, §§103(d)(2)(C), 202(e), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing, and inserted “, including conducting a full needs assessment for serving individuals with severe handicaps and” after “effectively met” and struck out opening and closing parentheses before “including the capacity” and after “by the State agency”, respectively.

Subsec. (a)(16)(A). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(20). Pub. L. 99–506, §§103(d)(2)(C), 202(f), inserted provisions relating to consultation with Indian tribes and tribal organizations and native Hawaiian organizations in the development of the State plan and substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(21), (22). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.

Subsec. (a)(23) to (25). Pub. L. 99–506, §202(g), (h), added pars. (23) to (25).

Subsec. (b). Pub. L. 99–506, §1001(b)(2), substituted “which the Commissioner finds” for “which he finds”, “and shall disapprove” for “and he shall disapprove”, and “notify a State of the intention to disapprove its plan, and shall afford” for “notify a State of his intention to disapprove its plan, and he shall afford”.

Subsec. (c)(1). Pub. L. 99–506, §1001(b)(3), in provisions following lettered subpar. (B), substituted “(or, in the discretion of the Commissioner” for “(or, in his discretion”, “until the Commissioner is satisfied” for “until he is satisfied”, and “Until the Commissioner is” for “Until he is”.

Subsec. (d)(1). Pub. L. 99–506, §1001(b)(4), substituted “designated by the Commissioner for that purpose” for “designated by him for that purpose” and “on which the Commissioner based” for “on which he based”.

1984—Subsec. (a)(11). Pub. L. 98–524 substituted “the Carl D. Perkins Vocational Education Act” for “the Vocational Education Act”.

Pub. L. 98–221 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.

1978—Subsec. (a). Pub. L. 95–602, §102(a)(1), substituted in introductory text, provision requiring a State to submit to the Commissioner a plan for a three year period and upon request to make annual revisions for provision requiring a State to submit to the Secretary an annual plan.

Subsec. (a)(1)(A), (4). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary” wherever appearing.

Subsec. (a)(5)(A). Pub. L. 95–602, §§102(a)(2), 122(b)(1), inserted provision requiring a description of the method to be used to utilize existing facilities to the maximum extent feasible and substituted “Commissioner” for “Secretary”.

Subsec. (a)(5)(B). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary”.

Subsec. (a)(6). Pub. L. 95–602, §§102(a)(3), 122(b)(1), designated existing provision as subpar. (A), substituted “Commissioner” for “Secretary”, and added subpar. (B).

Subsec. (a)(7). Pub. L. 95–602, §§102(a)(4), 122(b)(1), substituted in cl. (B), “Commissioner” for “Secretary” and added cl. (C).

Subsec. (a)(9). Pub. L. 95–602, §§102(a)(5), 122(b)(1), substituted in cl. (C), “section 712 of this title” for “section 781 of this title” and “Commissioner” for “Secretary” wherever appearing.

Subsec. (a)(10). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary”.

Subsec. (a)(11). Pub. L. 95–602, §102(a)(6), inserted “(specifically including arrangements for the coordination of services to individuals eligible for services under this chapter, the Education of the Handicapped Act, and the Vocational Education Act)” after “handicapped individuals”.

Subsec. (a)(12). Pub. L. 95–602, §§102(a)(7), 122(b)(1), designated existing provision as subpar. (A), substituted “Commissioner” for “Secretary”, and added subpar. (B).

Subsec. (a)(15). Pub. L. 95–602, §102(a)(8), substituted “(including the capacity and condition of rehabilitation facilities, plans for improving such facilities, and policies for the use thereof by the State agency)” for “(including the State's needs for rehabilitation facilities)”.

Subsec. (a)(17)(C). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary”.

Subsec. (a)(18). Pub. L. 95–602, §§102(a)(9), 122(b)(1), substituted “Commissioner” for “Secretary” and inserted “personnel” before “working in the field”.

Subsec. (a)(19). Pub. L. 95–602, §§102(a)(10), 122(b)(1), substituted “Commissioner” for “Secretary” in two places.

Subsec. (a)(20) to (22). Pub. L. 95–602, §102(a)(11), added pars. (20) to (22).

Subsec. (b). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary” wherever appearing.

Subsec. (c). Pub. L. 95–602, §§102(b), 122(b)(1), designated existing provision as par. (1), and in par. (1) as so designated, redesignated pars. (1) and (2) as subpars. (A) and (B), respectively, added par. (2), and substituted “Commissioner” for “Secretary” wherever appearing.

Subsec. (d). Pub. L. 95–602, §102(c), substituted provisions authorizing judicial review of determinations by the Commissioner in the Court of Appeals for the circuit in which the State is located provided a petition is filed within thirty days after the date notice of the final determination was received by the State, permitting additional submissions and presentations, and granting the court jurisdiction to administer appropriate relief in accordance with chapter 7 of title 5, except with respect to interim relief for a determination under subsec. (c) and to the standard of relief under section 706(2)(E) of title 5 for provisions authorizing judicial review of the action of the Secretary in the United States district court for the district where the capital of the State is located and providing review of such action be on the record in accordance with chapter 7 of title 5.

1974—Subsec. (a)(6). Pub. L. 93–516, §111(b), inserted parenthetical provisions relating to the requirement that the State take affirmative action to employ and advance in employment qualified handicapped individuals covered under, and on the same terms and conditions as set forth in section 793 of this title.

Pub. L. 93–651, §111(b), amended subsec. (a)(6) in exactly the same manner as it was amended by Pub. L. 93–516.

Subsec. (a)(9). Pub. L. 93–516, §111(c), in par. (C), inserted provisions that the records be in such detail as required by the Secretary in order for him to analyze and evaluate annually the reasons for and numbers of such ineligibility determinations as part of his responsibilities under section 781 of this title, and that the state agency will at least annually categorize and analyze such reasons and numbers and report this information to the Secretary and will, not later than 12 months after each such determination, review each such ineligibility determination in accordance with the criteria set forth in section 722 of this title.

Pub. L. 93–651, §111(c), amended subsec. (a)(9) in exactly the same manner as it was amended by Pub. L. 93–516.

Subsec. (a)(15). Pub. L. 93–516, §111(d), substituted “needs for rehabilitation facilities and review of the efficacy of the criteria employed with respect to ineligibility determinations described in subclause (C) of clause (9) of this subsection” for “needs for rehabilitation.”

Pub. L. 93–651, §111(d), amended subsec. (a)(15) in exactly the same manner as it was amended by Pub. L. 93–516.

Effective Date of 1996 Amendment

For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 251 of Title 41, Public Contracts.

Effective Date of 1992 Amendment

Amendment by section 122 of Pub. L. 102–569 to be implemented by Secretary of Education as soon as practicable after Oct. 29, 1992, consistent with effective and efficient administration of this chapter, but not later than Oct. 1, 1993, see section 138(b) of Pub. L. 102–569, set out as a note under section 701 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–524 effective for fiscal years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98–524, set out as an Effective Date note under section 2301 of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in sections 705, 706, 709, 711, 720, 722, 723, 725, 727, 730, 731, 740, 744, 762, 772, 776, 777b, 777e, 795, 795n, 795p, 796d–1, 796k, 797a, 2212 of this title; title 20 section 107a.

1 So in original.

2 See References in Text note below.

3 So in original. Probably should be “this”.