§ 722 TITLE 29—LABOR Page 214

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.

§ 722. Individualized written rehabilitation program

(a) Eligibility

(1) An individual is eligible for assistance

under this subchapter if the individual—

(A) is an individual with a disability under

section 706(8)(A) of this title; and

(B) requires vocational rehabilitation services to prepare for, enter, engage in, or retain

gainful employment.

(2) An individual who has a disability or is

blind as determined pursuant to title II or title

XVI of the Social Security Act (42 U.S.C. 401 et

seq. and 1381 et seq.) shall be considered to

have—

(A) a physical or mental impairment which

for such individual constitutes or results in a

substantial impediment to employment under

section 706(8)(A)(i) of this title; and

(B) a severe physical or mental impairment

which seriously limits one or more functional

capacities in terms of an employment outcome

under section 706(15)(A)(i) of this title.

(3) Determinations made by officials of other

agencies, particularly the education officials described in section 721(a)(24) of this title, regarding whether an individual satisfies one or more

factors relating to whether an individual is an

individual with a disability under section

706(8)(A) of this title or an individual with a severe disability under section 706(15)(A) of this

title, shall be used (to the extent appropriate

and available and consistent with the requirements under this chapter) for making such determinations under this chapter.

(4)(A) It shall be presumed that an individual

can benefit in terms of an employment outcome

from vocational rehabilitation services under

section 706(8)(A)(ii) of this title, unless the designated State unit can demonstrate by clear and

convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

(B) In making the demonstration required

under subparagraph (A) with respect to cases in

which the issue concerns the severity of the disability of an individual, the designated State

unit shall first conduct an extended evaluation

by providing the services described in subparagraph (C)(iii)(I), and conducting the assessment

described in subparagraph (C)(iii)(II), of section

706(22) of this title.

(5)(A) The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this subchapter within a reasonable period of time, not

to exceed 60 days after the individual has submitted an application to receive the services unless—

(i) the designated State unit notifies the individual that exceptional and unforeseen circumstances beyond the control of the agency

preclude the agency from completing the determination within the prescribed time and

the individual agrees that an extension of

time is warranted; or

(ii) such an extended evaluation is required.

(B) The determination of eligibility shall be

based on the review of existing data described in

section 706(22)(A)(i) of this title, and, to the extent necessary, the preliminary assessment described in section 706(22)(A)(ii) of this title.

(6) The designated State unit shall ensure that

a determination of ineligibility made with respect to an individual prior to the initiation of

an individualized written rehabilitation program, based on the review, and to the extent

necessary, the preliminary assessment, shall include specification of—

(A) the reasons for such a determination;

(B) the rights and remedies available to the

individual, including, if appropriate, recourse

to the processes set forth in subsections (b)(2)

and (d) of this section; and

(C) the availability of services provided by

the client assistance program under section

732 of this title to the individual.

(b) Development and scope of program; annual

review; joint redevelopment and agreement

of terms; revision as needed

(1)(A) As soon as a determination has been

made that an individual is eligible for vocational rehabilitation services, the designated

State unit shall complete an assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs (B) and

(C) of section 706(22) of this title (if such assessment is necessary) and ensure that—

(i) an individualized written rehabilitation

program is jointly developed, agreed upon, and

signed by—

(I) such eligible individual (or, in an appropriate case, a parent, a family member, a

guardian, an advocate, or an authorized representative, of such individual); and

(II) the vocational rehabilitation counselor

or coordinator; and

(ii) such program meets the requirements

set forth in subparagraph (B).

(B) Each individualized written rehabilitation

program shall—

(i) be designed to achieve the employment

objective of the individual, consistent with the

unique strengths, resources, priorities, concerns, abilities, and capabilities, of the individual;

(ii) include a statement of the long-term rehabilitation goals based on the assessment for
Page 215 TITLE 29—LABOR § 722

determining eligibility and vocational rehabilitation needs described in section 706(22)(B)

of this title, including an assessment of career

interests, for the individual, which goals shall,

to the maximum extent appropriate, include

placement in integrated settings;

(iii) include a statement of the intermediate

rehabilitation objectives related to the attainment of such goals, determined through such

assessment carried out in the most individualized and integrated setting (consistent with

the informed choice of the individual);

(iv)(I) include a statement of the specific vocational rehabilitation services to be provided,

and the projected dates for the initiation and

the anticipated duration of each such service;

(II) if appropriate, include a statement of

the specific rehabilitation technology services

to be provided to assist in the implementation

of intermediate rehabilitation objectives and

long-term rehabilitation goals for the individual; and

(III) if appropriate, include a statement of

the specific on-the-job and related personal assistance services to be provided to the individual, and, if appropriate and desired by the individual, the training in managing, supervising, and directing personal assistance services to be provided to the individual;

(v) include an assessment of the expected

need for postemployment services and, if appropriate, extended services;

(vi) provide for—

(I) a reassessment of the need for postemployment services and, if appropriate, extended services prior to the point of successful rehabilitation, in accordance with this

subsection; and

(II) if appropriate, the development of a

statement detailing how such services shall

be provided or arranged through cooperative

agreements with other service providers;

(vii) include objective criteria and an evaluation procedure and schedule for determining

whether such goals and objectives are being

achieved;

(viii) include the terms and conditions under

which goods and services described above will

be provided to the individual in the most integrated settings;

(ix) identify the entity or entities that will

provide the vocational rehabilitation services

and the process used to provide or procure

such services;

(x) include a statement by the individual, in

the words of the individual (or, if appropriate,

in the words of a parent, a family member, a

guardian, an advocate, or an authorized representative, of the individual), describing how

the individual was informed about and involved in choosing among alternative goals,

objectives, services, entities providing such

services, and methods used to provide or procure such services;

(xi) include, if necessary, an amendment

specifying—

(I) the reasons that an individual for whom

a program has been prepared is no longer eligible for vocational rehabilitation services;

and

(II) the rights and remedies available to

such an individual including, if appropriate,

recourse to the processes set forth in subsections (b)(2) and (d) of this section;

(xii) set forth the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in

subsections (b)(2) and (d) of this section;

(xiii) provide a description of the availability of a client assistance program established

pursuant to section 732 of this title;

(xiv) to the maximum extent possible, be

provided in the native language, or mode of

communication, of the individual, or, in an appropriate case, of a parent, a family member,

a guardian, an advocate, or an authorized representative, of such individual; and

(xv) include information identifying other

related services and benefits provided pursuant to any Federal, State, or local program

that will enhance the capacity of the individual to achieve the vocational objectives of the

individual.

(C) The designated State unit shall furnish a

copy of the individualized written rehabilitation

program and amendments to the program to 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.

(2) Each individualized written rehabilitation

program shall be reviewed annually, at which

time such individual (or, in appropriate cases,

the parents or guardian of the individual) will be

afforded an opportunity to review such program

and jointly redevelop and agree to its terms.

Any revisions or amendments to the program resulting from such review shall be incorporated

into or affixed to such program. Such revisions

or amendments shall not take effect until

agreed to and signed by the individual with a

disability, or, if appropriate, by a parent, a family member, a guardian, an advocate, or an authorized representative, of such individual. Each

individualized written rehabilitation program

shall be revised as needed.

(c) Determination and achievement of vocational

goal; decision respecting potential and capability of achievement; annual review of decision

The Director of the designated State unit

shall also ensure that (1) in making any determination of ineligibility referred to in subsection (a) of this section, or in developing and

carrying out the individualized written rehabilitation program required by section 721 of this

title in the case of each individual with a disability, emphasis is placed upon the determination and achievement of a vocational goal for

such individual, (2) a decision that such an individual is not capable of achieving such a goal

and thus is not eligible for vocational rehabilitation services provided with assistance under

this part, is made only in full consultation with

such individual (or, in appropriate cases, such

individual’s parents or guardians), and only

upon the certification, as an amendment to such

written program, or as a part of the specification of reasons for an ineligibility determination, as appropriate, that the preliminary diagnosis or assessment for determining eligibility
§ 722 TITLE 29—LABOR Page 216

and vocational rehabilitation needs described in

subparagraphs (B) and (C) of section 706(22) of

this title, as appropriate, has demonstrated that

such individual is not then capable of achieving

such a goal, and (3) any such decision, as an

amendment to such written program, shall be

reviewed at least annually in accordance with

the procedure and criteria established in this

section.

(d) Review by Director of determinations by rehabilitation counselor or coordinator; notice

and opportunity for submission of evidence

and information; written decision; delegation

of responsibility; fair hearing board; collection of data and report to Commissioner;

summary of data by Commissioner

(1) Except as provided in paragraph (4), the Director of any designated State unit shall establish procedures for the review of determinations

made by the rehabilitation counselor or coordinator under this section, upon the request of

an individual with a disability (or, in appropriate cases, such individual’s parents or guardian).

(2)(A) Such review procedures shall provide an

opportunity to such individuals for the submission of additional evidence and information to

an impartial hearing officer who shall make a

decision based on the provisions of the State

plan approved under section 721(a) of this title.

(B) The impartial hearing officer shall be selected to hear a particular case—

(i) on a random basis; or

(ii) by agreement between—

(I) the Director of the designated State

unit and the individual with a disability; or

(II) in an appropriate case, the Director

and a parent, a family member, a guardian,

an advocate, or an authorized representative, of such individual.

(C) The impartial hearing officer shall be selected from among a pool of qualified persons

identified jointly by—

(i) the designated State unit; and

(ii)(I) the members of the State Rehabilitation Advisory Council established under section 725 of this title who were appointed under

one of clauses (v) through (viii) of section

725(b)(1)(A) of this title, or under one of

clauses (v) through (ix) of section 725(b)(1)(B)

of this title, as appropriate;

(II) the commission described in subparagraph (B) or (C)(i) of section 721(a)(36) of this

title; or

(III) the commissions described in section

721(a)(36)(C)(ii) of this title.

(3)(A) Within 20 days of the mailing of the decision to the individual with a disability (or, in

appropriate cases, such individual’s parents or

guardian), the Director shall notify such individuals of the intent to review such decision in

whole or in part.

(B) If the Director decides to review the decision, such individuals shall be provided an opportunity for the submission of additional evidence and information relevant to a final decision.

(C)(i) The Director may not overturn or modify a decision of an impartial hearing officer, or

part of such a decision, that supports the position of the individual unless the Director concludes, based on clear and convincing evidence,

that the decision of the independent hearing officer is clearly erroneous on the basis of being

contrary to Federal or State law, including policy.

(ii) A final decision shall be made in writing

by the Director and shall include a full report of

the findings and the grounds for such decision.

(iii) Upon making a final decision, the Director shall provide a copy of such decision to such

individual.

(D) Except as provided in paragraph (4), the

Director may not delegate responsibility to

make any such final decision to any other officer or employee of the designated State unit.

(4)(A) A fair hearing board, established by a

State before January 1, 1985, and authorized

under State law to review determinations under

this chapter, is authorized to carry out the responsibilities of the Director under this subsection.

(B) The provisions of paragraphs (1) through

(3) of this subsection shall not apply to any

State to which subparagraph (A) of this paragraph applies.

(5) Unless the individual with a disability so

requests, or, in an appropriate case, a parent, a

family member, a guardian, an advocate, or an

authorized representative, of such individual so

requests, pending a final determination of such

hearing or other final resolution under this subsection, the designated State unit shall not institute a suspension, reduction, or termination

of services being provided under the individualized written rehabilitation program, unless such

services have been obtained through misrepresentation, fraud, collusion, or criminal conduct

on the part of the individual with a disability.

(6)(A) The Director shall collect data described

in subparagraph (B) and prepare and submit to

the Commissioner a report containing such

data. For the report submitted on or before February 1, 1988, the Commissioner shall prepare a

summary of the information furnished under

this paragraph and include the summary in the

annual report submitted under section 712 of

this title.

(B) The data required to be collected under

this paragraph shall include—

(i) a description of State procedures for review;

(ii) the number of appeals to the independent

hearing officer and the State Director, including the type of complaint and the issues involved;

(iii) the number of decisions by the State Director reversing in whole or in part the decision of the impartial hearing officer; and

(iv) the number of decisions affirming the

position of the individual with a disability assisted through the client assistance program.

(Pub. L. 93–112, title I, §102, Sept. 26, 1973, 87

Stat. 368; Pub. L. 93–516, title I, §111(e), Dec. 7,

1974, 88 Stat. 1620; Pub. L. 93–651, title I, §111(e),

Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I,

§§103, 122(b)(1), Nov. 6, 1978, 92 Stat. 2959, 2987;

Pub. L. 98–221, title I, §§104(a)(3), 112, Feb. 22,

1984, 98 Stat. 18, 20; Pub. L. 99–506, title I,

§103(d)(2)(A), (B), title II, §203, title X,
Page 217 TITLE 29—LABOR § 722

§1001(b)(5), Oct. 21, 1986, 100 Stat. 1810, 1815, 1842;

Pub. L. 100–630, title II, §202(c), Nov. 7, 1988, 102

Stat. 3305; Pub. L. 102–569, title I, §§102(p)(8), 123,

Oct. 29, 1992, 106 Stat. 4357, 4375; Pub. L. 103–73,

title I, §107(b), Aug. 11, 1993, 107 Stat. 720.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Titles II and XVI of the Act are classified generally to

subchapters II (§401 et seq.) and XVI (§1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health

and Welfare. For complete classification of this Act to

the Code, see section 1305 of Title 42 and 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.

AMENDMENTS

1993—Subsec. (a)(5)(B). Pub. L. 103–73, §107(b)(1), substituted ‘‘section 706(22)(A)(ii)’’ for ‘‘section

706(22)(A)(iii)’’.

Subsec. (d)(2)(C)(ii)(I). Pub. L. 103–73, §107(b)(2)(A),

substituted ‘‘who were appointed under one of clauses

(v) through (viii) of section 725(b)(1)(A), or under one of

clauses (v) through (ix) of section 725(b)(1)(B), as appropriate’’ for ‘‘who were appointed under one of subparagraphs (E) through (H) of section 725(b)(1) of this title’’.

Subsec. (d)(6)(B). Pub. L. 103–73, §107(b)(2)(B), redesignated pars. (1) to (4) as cls. (i) to (iv), respectively.

1992—Subsec. (a). Pub. L. 102–569, §123(a), amended

subsec. (a) generally, substituting present provisions

for provisions requiring joint development of individualized written rehabilitation programs setting forth

terms and conditions for provision of goods and services to individuals with handicaps.

Subsec. (b)(1). Pub. L. 102–569, §123(b)(1), added par. (1)

and struck out former par. (1) which related to development and scope of individualized written rehabilitation

programs.

Subsec. (b)(2). Pub. L. 102–569, §123(b)(2), inserted

after first sentence ‘‘Any revisions or amendments to

the program resulting from such review shall be incorporated into or affixed to such program. Such revisions

or amendments shall not take effect until agreed to

and signed by the individual with a disability, or, if appropriate, by a parent, a family member, a guardian, an

advocate, or an authorized representative, of such individual.’’

Subsec. (c). Pub. L. 102–569, §§102(p)(8), 123(c), substituted ‘‘Director of the designated State unit shall

also ensure’’ for ‘‘Commissioner shall also insure’’, ‘‘individual with a disability’’ for ‘‘individual with handicaps’’, and ‘‘assessment for determining eligibility and

vocational rehabilitation needs described in subparagraphs (B) and (C) of section 706(22) of this title’’ for

‘‘evaluation of rehabilitation potential’’.

Subsec. (d)(1). Pub. L. 102–569, §102(p)(8), substituted

‘‘a disability’’ for ‘‘handicaps’’.

Subsec. (d)(2). Pub. L. 102–569, §123(d)(1), designated

existing provisions as subpar. (A) and added subpars.

(B) and (C).

Subsec. (d)(3)(A). Pub. L. 102–569, §102(p)(8), substituted ‘‘a disability’’ for ‘‘handicaps’’.

Subsec. (d)(3)(C). Pub. L. 102–569, §123(d)(2), added subpar. (C) and struck out former subpar. (C) which read as

follows: ‘‘A final decision shall be made in writing by

the Director and shall include a full report of the findings and the grounds for such decision. When a final decision is made, a copy of such decision shall be provided

to such individuals.’’

Subsec. (d)(5), (6). Pub. L. 102–569, §123(d)(3), (4), added

par. (5) and redesignated former par. (5) as (6).

Pub. L. 102–569, §102(p)(8), substituted ‘‘a disability’’

for ‘‘handicaps’’ in par. (5)(B)(4).

1988—Subsec. (a). Pub. L. 100–630, §202(c)(1), substituted ‘‘including, where appropriate, recourse to the

processes set forth in subsections (b)(2) and (d) of this

section, and the availability of services provided under

section 732 of this title’’ for ‘‘including recourse to the

process set forth in subsection (b)(5) of this section’’.

Subsec. (b)(1)(H). Pub. L. 100–630, §202(c)(2), substituted ‘‘individuals with severe handicaps’’ for ‘‘severely handicapped individuals’’.

Subsec. (b)(2). Pub. L. 100–630, §202(c)(3), inserted

comma after ‘‘annually’’ and after ‘‘(or’’.

Subsec. (c)(2). Pub. L. 100–630, §202(c)(4), inserted ‘‘is’’

after ‘‘thus’’.

1986—Subsec. (a). Pub. L. 99–506, §§103(d)(2)(B),

1001(b)(5)(A), substituted ‘‘individual with handicaps’’

for ‘‘handicapped individual’’ wherever appearing and

‘‘such individual’s parents’’ for ‘‘his parents’’.

Subsec. (b). Pub. L. 99–506, §203(a), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows: ‘‘Each individualized written rehabilitation

program shall be reviewed on an annual basis at which

time each such individual (or, in appropriate cases, his

parents or guardians) will be afforded an opportunity to

review such program and jointly redevelop and agree to

its terms. Such program shall include, but not be limited to (1) a statement of long-range rehabilitation

goals for the individual and intermediate rehabilitation

objectives related to the attainment of such goals, (2)

a statement of the specific vocational rehabilitation

services to be provided, (3) the projected date for the

initiation and the anticipated duration of each such

service, (4) objective criteria and evaluation procedure

and schedule for determining whether such objectives

and goals are being achieved, and, (5) where appropriate, a detailed explanation of the availability of a

client assistance project established in such area pursuant to section 732 of this title.’’

Subsec. (c). Pub. L. 99–506, §§103(d)(2)(B), 1001(b)(5)(A),

substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’ in cl. (1) and ‘‘such individual’s parents’’ for ‘‘his parents’’ in cl. (2).

Subsec. (d)(1). Pub. L. 99–506, §1001(b)(5)(C), which directed that par. (1) be amended by substituting ‘‘delegate the responsibility’’ for ‘‘delegate his responsibility’’, could not be executed because of prior amendment by section 203(b) of Pub. L. 99–506, see below.

Pub. L. 99–506, §203(b), amended par. (1) generally.

Prior to amendment, par. (1) read as follows: ‘‘The Director of any designated State unit shall establish procedures for the review of determinations made by the

rehabilitation counselor or coordinator under this section, upon the request of an individual with handicaps

(or, in appropriate cases, his parents or guardians).

Such procedures shall include a requirement that the

final decision concerning the review of any such determination be made in writing by the Director. The Director may not delegate his responsibility to make any

such final decision to any other officer or employee of

the designated State unit.’’

Pub. L. 99–506, §103(d)(2)(A), substituted ‘‘an individual with handicaps’’ for ‘‘a handicapped individual’’.

Subsec. (d)(2). Pub. L. 99–506, §1001(b)(5)(B), which directed the substitution of ‘‘such individual’s parent’’

for ‘‘his parent’’, could not be executed because of prior

amendment to par. (2), the only place in section containing ‘‘his parent’’, by section 203(b) of Pub. L. 99–506,

see below.

Pub. L. 99–506, §1001(b)(5)(D), which directed the substitution of ‘‘any responsibility of the Secretary’’ for

‘‘his responsibilities’’, could not be executed because of

prior amendment by section 203(b) of Pub. L. 99–506, see

below.

Pub. L. 99–506, §203(b), amended par. (2) generally.

Prior to amendment, par. (2) read as follows: ‘‘Any individual with handicaps (or, in appropriate cases, his parent or guardian) who is not satisfied with the final decision made under paragraph (1) by the Director of the

designated State unit may request the Secretary to review such decision. Upon such request the Secretary

shall conduct such a review and shall make recommendations to the Director as to the appropriate disposition of the matter. The Secretary may not delegate
§ 723 TITLE 29—LABOR Page 218

his responsibilities under this paragraph to any officer

of the Department of Education who is employed at a

position below that of an Assistant Secretary.’’

Pub. L. 99–506, §103(d)(2)(B), substituted ‘‘individual

with handicaps’’ for ‘‘handicapped individual’’.

Subsec. (d)(3) to (5). Pub. L. 99–506, §203(b), added

pars. (3) to (5).

1984—Subsec. (c)(2). Pub. L. 98–221, §112, struck out

‘‘beyond any reasonable doubt’’ after ‘‘rehabilitation

potential, as appropriate, has demonstrated’’.

Subsec. (d)(2). Pub. L. 98–221, §104(a)(3), substituted

‘‘Department of Education’’ for ‘‘Department of Health,

Education, and Welfare’’.

1978—Subsec. (a). Pub. L. 95–602, §122(b)(1), substituted ‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (b). Pub. L. 95–602, §103(1), inserted ‘‘and

agree to’’ after ‘‘redevelop’’.

Subsec. (c). Pub. L. 95–602, §122(b)(1), substituted

‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (d). Pub. L. 95–602, §103(2), added subsec. (d).

1974—Subsec. (a). Pub. L. 93–516, §111(e)(1), substituted ‘‘written rehabilitation program, or the specification of reasons for a determination of ineligibility

prior to initiation of such program based on preliminary diagnosis,’’ for ‘‘written rehabilitation program,’’

and inserted provisions that the specifications of reasons for an ineligibility determination shall set forth

the rights and remedies available to the individual in

question, including recourse to the process set forth in

subsec. (b)(5) of this section.

Pub. L. 93–651, §111(e)(1), amended subsec. (a) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(1). Pub. L. 93–516, §111(e)(2), substituted

‘‘in making any determination of ineligibility referred

to in subsection (a) of this section, or in developing and

carrying out the individualized written rehabilitation

program required by section 721 of this title in the case

of each handicapped individual,’’ for ‘‘in developing and

carrying out individualized written rehabilitation program required by section 721 of this title in the case of

each handicapped individual primary’’.

Pub. L. 93–651, §111(e)(2), amended subsec. (c)(1) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(2). Pub. L. 93–516, §111(e)(3), substituted

‘‘program, or as a part of the specification of reasons

for an ineligibility determination, as appropriate, that

the preliminary diagnosis or evaluation of rehabilitation potential, as appropriate,’’ for ‘‘program, that the

evaluation of rehabilitation potential’’.

Pub. L. 93–651, §111(e)(3), amended subsec. (c)(2) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(3). Pub. L. 93–516, §111(e)(4), substituted

‘‘such decision, as an amendment to such written program,’’ for ‘‘such decision’’.

Pub. L. 93–651, §111(e)(4), amended subsec. (c)(3) in exactly the same manner as it was amended by Pub. L.

93–516.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 711, 721, 795m,

795n, 2211 of this title.

§ 723. Scope of vocational rehabilitation services

(a) Individual services

Vocational rehabilitation services provided

under this chapter are any goods or services necessary to render an individual with a disability

employable, including, but not limited to, the

following:

(1) an assessment for determining eligibility

and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

(2) counseling, guidance, and work-related

placement services for individuals with disabilities, including job search assistance,

placement assistance, job retention services,

personal assistance services, and followup, follow-along, and specific postemployment services necessary to assist such individuals to

maintain, regain, or advance in employment;

(3) vocational and other training services for

individuals with disabilities, which shall include personal and vocational adjustment,

books, and other training materials, and such

services to the families of such individuals as

are necessary to the adjustment or rehabilitation of such individuals, except that no training services in institutions of higher education

shall be paid for with funds under this subchapter unless maximum efforts have been

made to secure grant assistance, in whole or in

part, from other sources to pay for such training;

(4) physical and mental restoration services,

including, but not limited to, (A) corrective

surgery or therapeutic treatment necessary to

correct or substantially modify a physical or

mental condition which is stable or slowly

progressive and constitutes a substantial impediment to employment, but is of such nature that such correction or modification may

reasonably be expected to eliminate or reduce

such impediment to employment within a reasonable length of time, (B) necessary hospitalization in connection with surgery or

treatment, (C) prosthetic and orthotic devices,

(D) eyeglasses and visual services as prescribed by qualified personnel, under State licensure laws, that are selected by the individual, (E) special services (including transplantation and dialysis), artificial kidneys, and

supplies necessary for the treatment of individuals with end-stage renal disease, and (F)

diagnosis and treatment for mental and emotional disorders by qualified personnel under

State licensure laws;

(5) maintenance for additional costs incurred

while participating in rehabilitation;

(6) interpreter services for individuals who

are deaf, and reader services for those individuals determined to be blind after an examination by qualified personnel under State licensure laws;

(7) recruitment and training services for individuals with disabilities to provide them

with new employment opportunities in the

fields of rehabilitation, health, welfare, public

safety, and law enforcement, and other appropriate service employment;

(8) rehabilitation teaching services and orientation and mobility services for individuals

who are blind;

(9) occupational licenses, tools, equipment,

and initial stocks and supplies;

(10) transportation in connection with the

rendering of any vocational rehabilitation

service;

(11) telecommunications, sensory, and other

technological aids and devices;

(12) rehabilitation technology services;

(13) referral and other services designed to

assist individuals with disabilities in securing

needed services from other agencies through